의사결정능력 장애인의 일상생활 지원과 자기결정권 보장 - 35 - ❙Abstract❙ Daily Life Support and Self-Determination for Persons with Impaired Decision-Making Capacity - Implications from Survey Findings and the U.S. Supported Decision-Making System -*50) 51) 52) Yoon, Taeyoung** / Ryu, Juhyun*** More than ten years after the adult guardianship system began, the number of cases has increased. However, most cases are still focused only on full and limited guardianships. On the other hand, specific and voluntary guardianships, which respect a person's right to make their own choices, are rarely used. In addition, persons continuously point out problems with the system: the gap between its guiding ideals of respecting the person's wishes and utilizing residual capacity and the realities of practice, an operational structure centered on property protection, the risk of guardians abusing their authority, and barriers to access arising from procedural complexity. It is therefore necessary to explore various alternatives to guardianship grounded in the person's own wishes, including the institutionalization of support systems grounded in the principle of minimum necessary intervention before resorting to court-ordered guardianship. If decision-making support can be provided through private social networks within the local community, such as family members or acquaintances, there is no need for substitute decision-making or legal guardianship that does not reflect the person's own intentions to intervene. A survey supports these points. A survey of 486 caregivers who support persons with developmental disabilities and 1,000 general public found that, regarding the need for guardianship in the area of daily life support, the general public perceived this need as relatively low compared to other domains, whereas * This work was supported by the Ministry of Education of the Republic of Korea and the National Research Foundation of Korea (NRF-2021S1A3A2A02089039) ** Professor, School of Law, Ajou University. *** Research Professor, School of Law, Ajou University
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