Korean Guardianship by Agreement of the Ward and Guardia

Korean Voluntary Guardianship (임의후견, im-ui hygyeon) or Korean Guardianship by Agreement is a legal arrangement, in Korea, under which an individual (the “Ward”), in anticipation of potential mental or physical incapacity due to illness, disability, or aging, delegates all or part of the authority to manage their personal affairs and assets to another person (the “Guardian”).  

Korean Guardianship by Agreement of Ward and Guardian

This delegation is made through a formal written contract that grants representative authority over specified matters and comes into effect when the Family Court of Korea appoints a supervisor of the voluntary guardian. (Korean Civil Act, Article 959-14).

Among the various forms of adult guardianship in Korea, the voluntary guardianship system is considered the most faithful realization of the principles of private autonomy and respect for self-determination.

For an article on the basics of Korean Guardianship Law please see: Korean Adult Guardianship Law. For additional information on Korean Family Law, please see IPG Legal’s Family Law Archive and IPG Legal’s Estate Law Archive.

Korean Voluntary Guardianship

A voluntary guardianship agreement is a type of mandate contract concluded between the ward and the intended guardian. Under this agreement, the guardian is subject to the “duty of care” of a good manager. Also, the guardian must respect the principal’s wishes to the greatest extent possible. (Korean Civil Act Article 959-14(4))

Trust is at the heart of any voluntary guardianship agreement. Careful selection and clear delegation of duties are essential to prevent future conflicts or misuse of authority. To prevent abuse of authority by the voluntary guardian, the system includes the appointment of a supervisory guardian. The supervisory guardian oversees the duties performed by the voluntary guardian and must report regularly to the Korean Family Court. (Korean Civil Act Article 959-16(1)).

Need Help? IPG Legal Can Assist

The process of applying for guardianship in Korea involves court petitions, medical evaluations, and legal scrutiny. Whether you’re preparing a voluntary guardianship agreement or seeking urgent full guardianship, expert guidance is crucial.

IPG Legal, an international law firm based in Korea, has extensive experience in guardianship and mental health-related legal matters.  If you need assistance navigating the process or want to protect a vulnerable loved one, reach out to IPG Legal for professional support.

by So Young YOON (Korean Attorney-at-Law)
Attorney Yoon was educated in Singapore, China, and Korea.

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