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KMID : 1124020210370010093
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Korean Social Security Studies
2021 Volume.37 No. 1 p.93 ~ p.118
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Study on Analyzing Judicial Precedents for Protection of Rights for the Demented Elderly on Abuse caused by Family: Focusing on the Proof of Crime, Judgment of Insanity, Application of Laws
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Jeon Hyeong-Won
Park Kyung-Il
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Abstract
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The purpose of this study is to deficiencies in current legislation through analyzing judicial precedents for the demented elderly on abuse caused by family, for this identify legal and policy rights protection measures. To this end, the research focusing on 8 judicial precedents for courts which happened to January 2004 to December 2020. Focusing on the proof of crime, judgment of insanity, application of laws that were issues in the judicial precedents. As a result of the study, First, the demented elderly difficult to recognize and report on abuse, so difficult to the proof of crime. Second, accused tried to misuse the commutation to judgment of insanity caused by drinking. Third, Elderly Welfare Act to punishment regulations for murder by abuse was insufficient. Based on these results, measures to protect the legal and policy rights for the demented elderly as follows. First, the proposed enactment for regulation to assist experts on the demented elderly unable to make statements, at Elderly Welfare Act. Second, it should be enactment that the accused of abuse should not be commuted by drinking. Third, the suggested enactment for punishment of regulation the defendant of abuse murder and necessity Special Act on concerning punishment of elderly abuse.
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KEYWORD
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abuse caused by family, rights for demented elderly, analysis judicial Precedent, elderly welfare act
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