Amendments to the Civil Act

The Civil Act or Civil Code (민법/民法) cannot be revised frequently compared to other acts in the private sector. However, the quickly changing socio-economic environment of the Korean society demands occasionally the revision of the Civil Act. Apart from the history, the most typical one is the amendment of the family relationship based upon the traditional patriarchal system.

The recent amendment of the Act was promulgated on March 17, 2011, and will come into force two years later on July 1, 2013. A part of the Civil Act has been amended to set the age of majority, when a person is regarded as adult, at 19 and adopt a new adult guardian system.

Key words
age of majority, juristic person, incompetent person, quasi-incompetent person, adult guardianship

Why was the Civil Act amended?
It's because the current age of majority is too high in view of the physical and mental state of youngsters. The Public Office Election Act and other acts and regulations have treated a 19-year old person as an adult.

Also the previous treatment of an incompetent or quasi-incompetent person (금치산자/禁治産者, (中)無民事行為能力人ㆍ한정치산자/限定治産者, (中)限制民事行為能力人) shall be enhanced to an adult guardianship (성년후견제/成年後見制, (中)成年監護制) which deals with medical treatment and welfare as well as management of properties, thereby reinforcing the protection of the old and disabled. For the purpose of transactional safety, such adult guardianship is required to make public (공시/公示) by filing with the public registry.

Main points of the Amendment
The gist of the recent amendment to the Civil Act, which came into force on July 1, 2013, is as follows:
 * The age of majority is lowered from 20 years to 19 years in view of other acts like the Public Office Election Act and the current social environment (Article 4).
 * The previous incompetent or quasi-incompetent person regulated in uniformity shall be treated in the context of active social welfare as a person subject to the adult guardianship, limited guardianship and specific guardianship, respectively (Articles 9, 12, 14-2). Claimants of such guardianship shall include the guardian supervisor and the head of municipality, thereby enhancing the protection of the old and disabled.
 * The capacity of the person with restricted competence shall be enlarged to an appropriate scope (Articles 10 and 13)
 * The person under the guardianship shall be allowed to decide his/her own welfare, medical treatment, freedom of residence, etc.(Article 947, 947-2)
 * Plural guardians or juristic person guardian shall be introduced. And the scope of consent or power of attorney shall be determined case by case (Articles 930, 938, 959-4, 959-11).
 * The guardian supervisor shall be designated by the family court in place of the meeting of relatives (Articles 940-2 through 940-7, 959-5 and 959-10)
 * Contractual guardianship for the management of the whole or part of properties and personal welfare may be establishment. Its contract shall be executed by a notarial deed (Articles 959-14 through 959-20).
 * The adult guardianship shall be registered officially for public notice to protect the transactional safety (Articles 959-15, 959-19, 959-20)