성년후견개시심판에서 처분권주의

Abstract

The Supreme Court Decision 2020su596 rendered on June 10th, 2021 decided that the family court can adjudicate on the commencement of Limited Guardianship for a person despite the application for the Commencement of adult guardianship in this case. And the family court can also adjudicate on the commencement of adult guardianship despite the application for the commencement of limited guardianship. However, The concept of principle of disposition and the pleading principle is different and should be distinguished. Principle of disposition also applies to family non-contentious litigation case that can be investigated ex officio by the court. The subject-matter of lawsuit of adjudication on commencement of adult guardianship and adjudication on commencement of limited guardianship are different, the family court can adjudicate on the commencement of the type of guardianship applied by the parties. In particular, adjudication on commencement of adult guardianship despite the application for the commencement of limited guardianship is contrary to the principle of the adult guardianship system that guarantees the person s right to self-determination as much as possible. Therefore, the family court can adjudicate on the commencement of the type of Guardianship applied by the parties and if commencement of adult guardianship is contrary to the welfare of an adult, the family court have to explain to alter the application.