12 - A New Perspective on Adult Guardianship and Trusts in Korea

Summary

Owing to the dramatic change in Korea’s family structure, the traditional patriarchal family system was legally abolished. A new legal framework is therefore necessary to ensure the traditional care function of the extended family is adequately replaced. This chapter focuses on the reform of Korea’s adult guardianship system and trust system. It first analyses the background of the Trust Law in Korea, which leads to the rare use of non-commercial trusts traditionally. It then discusses the relationship between guardianship and trusts as new legal frameworks, and introduces a new perspective on special needs trust to enhance protection of individuals with cognitive impairment. This chapter also reviews the pilot project for developmental disability trusts run by the Autism Society of Korea. It shows that while the project has attracted significant attention from disabled persons and their family members, there are still several major issues to be addressed for the future development of special needs trust in Korea.