성년후견제도의 이론과 실무 (개정증보판 3 판 | 양장본 Hardcover)

성년후견제도의 이론과 실무 (개정증보판 3 판 | 양장본 Hardcover)

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Description
우리 사회는 급속히 고령화되어 가고 있으며 노인인구의 증가에 따른 치매환자의 급증 등으로 국민도 점차 후견제도에 관심을 가지게 됨에 따라 전국 가정법원에 후견관련 신청 건수가 매년 지속적으로 증가하고 있다.
또한 국내거주 외국인의 증가는 국제재판관할의 적용과 관련하여 이 제도를 이용하려는 사람들에게는 이에 대한 준비가 필요하다.
앞으로 전문직후견인으로서는 후견관련사건이 증가할 것으로 예상되므로 이에 대한 후견절차 등에 관한 실무에서의 대응도 철저히 준비해야 할 때이다.
이에 후견업무에 관한 실무적・법리적 사례를 분석하고 합리적이며 논리적인 새로운 후견절차, 후견제도의 개선, 법리해석의 기준 및 판례 등에 대하여 정립할 필요성이 있다.
그리고 2018. 10.경 대한민국 서울에서 ‘법 앞에 평등’, ‘의사결정능력 장애인의 사회통합’
을 주제로 ‘제5회 성년후견 세계대회’가 개최되었는데, 위 세계대회를 통하여 성년후견제도가 이 제도를 이용하고자 하는 실무자 및 국민에게 제대로 전달되어서 제도의 이용을 필요로 하는 분들께 조금이나마 도움이 되었으면 하는 기대를 해본다.
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출간작으로 『성년후견제도의 이론과 실무』 등이 있다.

목차

제1장 서 론
Ⅰ. 개 관···································································································3
Ⅱ. 성년후견제도의 주요내용········································································· 5
Ⅲ. 각국의 성년후견제도의 내용 및 도입배경·················································· 6
1. 독 일······························································································ 6
2. 프 랑 스··························································································· 9
3. 일 본···························································································· 11
4. 영 국···························································································· 13
Ⅳ. 성년후견제도의 이념적 기초···································································16
1. 자기결정권의 존중············································································16
2. 정상화(Normalization)···········································································17
3. 잔존능력의 활용···············································································17
4. 필요성의 원칙··················································································18
5. 보충성의 원칙··················································································18
6. 유엔장애인 권리협약과 성년후견제도··················································19
Ⅴ. 후견인의 사회복지적 역할······································································21
제2장 성년후견
Ⅰ. 성년후견의 개시··················································································· 23
1. 개시와 종료·····················································································23
2. 성년후견의 원인···············································································23
3. 절차의 개시·····················································································24
4. 관 할···························································································· 26
5. 본인 의사의 존중············································································· 27
6. 정신감정························································································· 28
7. 후견사건에서의 가사조사···································································29
8. 청구인의 청구와 법원의 심판·····························································30
9. 청구의 철회·····················································································31
Ⅱ. 성년후견 심판의 고지 등······································································· 31
1. 개 요···························································································· 31
2. 즉시항고························································································· 32
3. 재 항 고························································································· 33
4. 후견등기부기록의 촉탁······································································33
Ⅲ. 성년후견인의 선임················································································ 34
1. 개 요···························································································· 34
2. 성년후견인의 수···············································································34
3. 성년후견인의 자격············································································35
4. 성년후견인의 법률상의 지위······························································38
Ⅳ. 성년후견인의 사무················································································ 43
1. 개 요···························································································· 43
2. 피성년후견인의 복리와 의사존중························································44
3. 피성년후견인의 재산관리···································································45
4. 성년후견인과 피성년후견인과의 이익상반행위······································53
5. 피성년후견인의 신상보호···································································56
Ⅴ. 성년후견인의 사임 및 변경···································································· 69
1. 성년후견인의 사임············································································69
2. 성년후견인의 변경············································································69
Ⅵ. 후견사무비용 및 보수의 청구································································· 72
1. 후견사무비용의 청구·········································································72
2. 후견보수 청구··················································································72
Ⅶ. 후견사무보고서·····················································································75
Ⅷ. 성년후견의 종료··················································································· 75
1. 개 요···························································································· 75
2. 절 차···························································································· 76
3. 즉시항고···························································