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Definition[change | change source]
A Legal guardian is a legal system to protect a person who cannot make legal decisions and needs legal protection. There are some cases in which a person needs a legal guardian. 1)a person under age(Minor) without parents 2)a person under age without a person who has their parental authority(not parents) 3)an incompetent person announced by law. These people are called ward. A ward is a person who needs legal protection by others.
A Legal guardian law is conducted in these cases : 1) When parents of a person under age died or have lost. 2) When parents of a person under age are announced as an incompetent person 3) When parents of a person under age are deprived of their parental authority by law. 4) When a person(adult) is announced to be an incompetent person by law.
Appointing a legal guardian[change | change source]
Generally, a legal guardian is appointed by Courts. An incompetent person announced by law cannot be appointed as a guardian. A non-relative person can be a legal guardian. - that is, it doesn't have to be a relative by blood. For example, a child who has no parents, grandparents, brothers and sisters can have a guardian who is a distant cousin of the child. There are three kinds of guardian: 1)A designated guardian - It is applied only to the case of the minor (a person under age). A designated guardian is appointed by last testament of parent who has had parenting right of the child at last. 2)A legal guardian - When there's no designated guardian, a legal guardian is appointed based on the courts laws. It is conducted without any requests. 3)A selected guardian - When an incompetent person has no legal guardian, a selected guardian is appointed by the request of her/his relatives or related person to the courts.
Challenges and Solutions in Korea[change | change source]
In Korea, a lineal relation, a near relation (or kin) or an elder takes a preferential right to be appointed as a guardian. It causes the problem that guardian can have practical difficulty giving legal assistants. Also, the number of the guardian is limited to 1 and it is difficult for the guardian to help a Ward in both social -positioning function and financial function. It is too demanding for the guardian to perform both functions alone. In Korea, the pay of a guardian is from property of the Ward. But, if a ward may not have property enough to pay for a guardian, it makes the role of guardian negative or passive.
To solve these problems, the system that allows having more than 2 guardians should be introduced. Also, the government should support the pay for guardians.
Reference[change | change source]
Guardianship for Minors: Challenges and Solutions - Park Sang Ho(Associate Professor, Dept. of Low, Dong-Eui University), Yei, Cheol Heui(Doctor´s Course, Dept. of Low, Dong-Eui University)