성년후견제도의 이론과 실무 이미지 확대 보기
  • 성년후견제도의 이론과 실무

성년후견제도의 이론과 실무

공유
출판사
진원북스
저자
김은효 (제3판)
페이지
498
출간일
2024-04-15
판쇄
제3판
ISBN
9791198539298
정가
50,000
할인적용가
45,000(10%)
구매제한
옵션당 최소 1개
구매혜택
할인 : 적립 마일리지 :
배송비
2,500원 / 주문시결제(선결제) 조건별배송 지역별추가배송비
택배
방문 수령지 : 서울특별시 관악구 쑥고개로 87 6층
▲ 분철(1책)-크리스탈링
옵션초기화
성년후견제도의 이론과 실무
0
총 상품금액
총 할인금액
총 합계금액
리뷰이벤트 안내배너

상품상세정보


 

  ★★★   예약상품  주문시 함께 주문하신 모든 도서는 예약상품이 출시된 후 함께 발송됩니다. 


  ★★★   철상품  은 결제완료후 제작에 들어가는 주문제작상품입니다. 

             1) 일반도서보다 1~2일 발송이 지연될 수 있습니다. 

             2) 주문접수 이후 교환, 취소, 환불이 불가능합니다. 

  ★★★    토요일  은 발송 업무만 운영하고 있으며 고객상담 및 문의응대업무는 운영하지않습니다.

             따라서  금요일 오후 6시 이후 주문건은 결제완료 이후 취소 및 변경이 불가능합니다. 



책소개  

 

  • 제3판(개정 증보판) 머 리 말

  • 본서를 2016년에 처음 출간한 후 2년 만에 제2판을 내게 되었고, 성년후견제도에 관심을
  • 주신 분들의 성원에 힘입어 5년여 만에 제3판(개정 증보판)을 출판하게 되었다. 초판에서는성년후견제도가 시행 된지 2년여에 불과하여 후견 절차 및 실무에 관한 사례 및 판례를 구하기 어려워 부득이하게 이론을 중심으로 작업을 할 수밖에 없었고 아쉬움으로 남았었다.
  • 2011. 3. 7. 민법의 개정(법률 제10429호)으로 성년후견제도가 2013. 7월경부터 시행되었는데 벌써 10여년이 경과하였다. 그 동안 필자는 대한변호사협회 성년후견법률지원 특별위원회의 위원장을 맡으면서 각종 후견사건관련 실무, 후견관련 교육, 국.내외 회의 및 서울가정법원 등에서 후견인으로서 실무를 담당하고 있는 실무자 및 회원들로부터 후견 관련 내용, 절차 등에 관한 자료, 사례 및 판례 등을 수집하여 정리할 기회가 있어, 제3판에서는 그동안 부족하고 미비한 점 등을 보완・정리하여 보았다.
  • 그 밖에 동아시아 국제학술대회, 한・독 성년후견 전문가대회, (사) 성년후견학회 등 성년후견 관련 국내외 기관들과의 간담회, 세미나 등을 통하여 후견제도에 관한 이론도 좀 더 정리할 수 있었고, 이와 같은 자료들은 전문직 후견인 교육자료로 활용한 바 있다.
  • 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.
  • 아무쪼록 이 책이 성년후견제도에 관심을 가진 법조인과 실무가들에게 조금이라도 도움이 되었으면 하고, 성년후견제도의 발전에도 기여했으면 하는 바람이다.
  • 끝으로 이 책이 출판이 되는데 도움을 주신 (사) 한국후견협회 소순무 회장님, 한양대학교 법학전문대학원 제철웅 교수님, 인하대학교 법학전문대학원 박인환 교수님 그리고 성년후견제도에 대해 초기부터 함께 연구하고 교육하며 고락을 함께 한 대한변호사협회 성년후견법률지원특별위원회 송인규 위원장님 및 위원분들께도 정중히 감사드린다.

  • 2024. 3.

  • 편저자
  • 김은효 드림


목차 

 

  • 제1장 서 론
  • Ⅰ. 개 관···································································································3
  • Ⅱ. 성년후견제도의 주요내용········································································· 5
  • Ⅲ. 각국의 성년후견제도의 내용 및 도입배경·················································· 6
  • Ⅳ. 성년후견제도의 이념적 기초···································································16
  • Ⅴ. 후견인의 사회복지적 역할······································································21
  • 제2장 성년후견
  • Ⅰ. 성년후견의 개시··················································································· 23
  • Ⅱ. 성년후견 심판의 고지 등······································································· 31
  • Ⅲ. 성년후견인의 선임················································································ 34
  • Ⅳ. 성년후견인의 사무················································································ 43
  • Ⅴ. 성년후견인의 사임 및 변경···································································· 69
  • Ⅵ. 후견사무비용 및 보수의 청구································································· 72
  • Ⅶ. 후견사무보고서·····················································································75
  • Ⅷ. 성년후견의 종료··················································································· 75
  • Ⅸ. 성년후견사무의 종료와 계산···································································78
  • 대한 허가 청구································································· 106
  • 권한의 범위 변경 청구·······················································110
  • 한정.특정 후견 개시심판청구서 등 20여종) 관련 양식은 대한민국 법원 전자민원센터(https://help. scourt..go.kr)
  • 또는 서울가정법원 홈페이지(https://slfamily. scourt. go.kr)에서 내려 받을 수 있음.]
  • 제3장 한정후견
  • Ⅰ. 한정후견의 개시··················································································135
  • Ⅱ. 한정후견개시의 심판청구 및 효과························································· 137
  • Ⅲ. 한정후견인의 선임 및 사무···································································140
  • Ⅳ. 한정후견감독인의 선임 및 사무···························································· 145
  • Ⅴ. 한정후견의 종료··················································································146
  • 권한의 범위 변경 청구·······················································165
  • 허가 청구·········································································169
  • 제4장 특정후견
  • Ⅰ. 특정후견의 개시··················································································171
  • Ⅱ. 특정후견 개시 심판청구 및 효과···························································172
  • Ⅲ. 특정후견인의 선임 및 사무···································································174
  • Ⅳ. 특정후견인의 사임 및 변경···································································177
  • Ⅴ. 특정후견감독인의 선임 및 사무···························································· 178
  • Ⅵ. 특정후견의 종료··················································································179
  • Ⅶ. 특정후견과 공공후견지원사업······························································· 181
  • 제5장 임의후견
  • Ⅰ. 개 요······························································································· 209
  • Ⅱ. 후견계약의 성립 및 내용······································································210
  • Ⅲ. 후견계약의 효력발생············································································213
  • Ⅳ. 임의후견감독인··················································································· 217
  • Ⅴ. 임의후견인························································································· 220
  • Ⅵ. 임의후견의 종료··················································································221
  • Ⅶ. 법정후견의 보충성···············································································222
  • 제6장 성년후견제도의 실무운영 면에서의 역할
  • Ⅰ. 법정후견제도······················································································ 249
  • Ⅱ. 임의(계약)후견제도···············································································257
  • Ⅲ. 후견감독인························································································· 260
  • Ⅳ. 가정법원의 기타 후견감독사건······························································269
  • 제7장 후견인으로서 법인의 역할
  • Ⅰ. 개 요······························································································· 273
  • Ⅱ. 도입 경위···························································································273
  • Ⅲ. 성년후견제도······················································································ 274
  • Ⅳ. 일본의 경우························································································277
  • Ⅴ. 독일의 경우························································································279
  • Ⅵ. 결 론······························································································· 281
  • 제8장 공공후견
  • Ⅰ. 공공후견지원사업의 의의 및 개요························································· 283
  • Ⅱ. 지원대상···························································································· 283
  • Ⅲ. 지원내용···························································································· 285
  • Ⅳ. 공공후견에서의 후견유형 활용······························································285
  • Ⅴ. 공공후견지원사업의 수행기관······························································· 286
  • 제9장 성년후견인의 책임문제(제3자와 관련하여)
  • Ⅰ. 성년후견인 등의 책임·········································································· 287
  • 법률(정신건강 복지법)ʼ과의 관계························································· 288
  • Ⅱ. 한정후견인・특정후견인의 책임······························································292
  • Ⅲ. 전문직후견인의 배상책임보험 문제························································292
  • 제10장 사전처분
  • Ⅰ. 개 요······························································································· 295
  • Ⅱ. 임시후견인 선임 사전처분····································································296
  • Ⅲ. 직무집행 정지 및 직무대행자 선임 사전처분·········································· 297
  • Ⅳ. 고지와 통지························································································298
  • Ⅴ. 후견등기부기록의 촉탁·········································································298
  • Ⅵ. 임시후견인, 직무대행자 등의 보수 지급·················································299
  • Ⅶ. 불 복······························································································· 300
  • 제11장 성년후견의 공시
  • Ⅰ. 관 할······························································································· 307
  • Ⅱ. 후견등기부편성··················································································· 308
  • Ⅲ. 성년후견 등기사항···············································································308
  • Ⅳ. 등기사항증명서의 교부 등(법 제15조 내지 제17조)···································· 309
  • Ⅴ. 변경등기의 신청··················································································309
  • Ⅵ. 종료등기의 신청··················································································310
  • 제12장 성년후견인과 사후사무
  • Ⅰ. 개 요······························································································· 311
  • Ⅱ. 성년후견인의 사후사무·········································································312
  • Ⅲ. 성년후견인의 사후사무와 관련문제························································313
  • Ⅳ. 결 론······························································································· 319
  • 제13장 국제사법과 성년후견
  • Ⅰ. 개 요······························································································· 321
  • Ⅱ. 국제재판관할······················································································ 321
  • 제14장 후견인의 윤리적 사명
  • Ⅰ. 개 요······························································································· 323
  • Ⅱ. 성년후견제도의 기본원칙······································································324
  • Ⅲ. 성년후견인의 행동규범(강령)································································· 326
  • 참 고 문 헌························································································· 328
  • ◈ 부 록 Ⅰ_
  • ◈ 부 록 Ⅱ_
  • ◆ 사항색인······················································································· 475




교환 및 반품안내

※ 분철 및 제본상품은 교환 및 환불이 불가능 합니다.   

- 도서 상품의 특성상 밑줄, 필기등의 사용흔적이 있는경우 교환 및 환불이 불가능합니다.   

- 밀봉 도서 또는 상품의 경우 밀봉을 훼손하였을 경우에는 교환 및 환불이 불가능 합니다.  

 

환불안내

- 상품 청약철회 가능기간은 상품 수령일로 부터 7일 이내 입니다. (반품배송비 구매자 부담)

- 무료배송상품을 환불요청하는 경우 최초배송에 소요된 배송비를 제외하고 환불해드립니다. 

AS안내

- 소비자분쟁해결 기준(공정거래위원회 고시)에 따라 피해를 보상받을 수 있습니다.

 

- 도서 상품의 일부 페이지가 누락된 경우 1~10페이지 내외의 누락은 해당페이지의 PDF본을 보내드립니다.

  

- 파본의 경우 수령일로부터 7일 이내에 교환신청시 교환해드립니다. 

  교환신청은 마이페이지상의 주문내역에서 교환 신청을 하시면 됩니다. 

평가

0
  • 리뷰등록 0 건
  • 포토리뷰 0 건

세부평가

  • 5 0
  • 4 0
  • 3 0
  • 2 0
  • 1 0

포토리뷰 모아보기

포토 리뷰를 작성해주세요.
포토 리뷰 작성시 추가로 100마일리지를 적립해드립니다.
혜택안내

0/10

이미지 확대보기성년후견제도의 이론과 실무

성년후견제도의 이론과 실무
  • 성년후견제도의 이론과 실무
닫기

비밀번호 인증

글 작성시 설정한 비밀번호를 입력해 주세요.

닫기

장바구니 담기

상품이 장바구니에 담겼습니다.
바로 확인하시겠습니까?

찜 리스트 담기

상품이 찜 리스트에 담겼습니다.
바로 확인하시겠습니까?

스크롤 좌측 배너
  • 모든브랜드
  • 관심상품
  • 장바구니
  • 상단으로 이동
  • 하단으로 이동