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KMID : 1001320170440030247
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Social Welfare Policy
2017 Volume.44 No. 3 p.247 ~ p.281
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Analysis of Precedents Related to Elderly Abuse in Elderly Care Facilities in South Korea : Focused on precedents after enforcement of the Act on Long-Term Care Insurance for the Aged
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Youn Ki-Hyok
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Abstract
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This study analyzed precedents related to elderly abuse in elderly care facilities in South Korea by type of abuse and issue, and proposed the relevant implications, in order to help establish measures for prevention of elderly abuse in elderly care facilities. For the research, six lower-court verdicts related to elderly abuse made between July 2008 when the Act on Long-Term Care Insurance for the Aged was enforced, and the end of April 2017 were analyzed. According to the result of this study, first, the types of elderly abuse that were litigated were: physical abuse, neglect, and multi-type maltreatment. Second, the verdicts of court against elderly abuser ranged from fine to imprisonment, prison servitude, and probation. Third, main issues related to verdicts on elderly abuse cases included: applicability of justifiable act as circumstances precluding wrongfulness when injury was inflicted during providence of care service; applicability of unintentional negligence (including injury and violence) as elderly abuse; and decision of sentence for the act of crime. Findings of this study suggest, in order to prevent elderly abuse in elderly care centers, first, a system for elderly abuse prevention and measures must be established based on education that can raise awareness of the gravity of elderly abuse and relevant punishment, and measures must be taken to protect elderly with dementia as they are the primary victims of elderly abuse.
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KEYWORD
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Elderly Care Facility, Elderly Abuse Precedent, Justifiable Act, Elderly Welfare Act, Criminal Law
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