How to be a Legal Guardian of an Adult in Korea? Korean Guardianship Law Explained by IPG Legal

As Korea’s population ages, Korean guardianship law has become increasingly important, especially for families dealing with family members with dementia and other physical and cognitive impairments. Adult Guardianship in Korea, in short, is designed to protect vulnerable adults from harm and ensure their basic needs are met, while protecting assets from the less-than-scrupulous. Korean courts, in most cases, try to provide the least restrictive form of support and protection; thus, the guardian’s powers are typically tailored to the ward’s particular needs. 

Korean Adult Guardianship Law

Foreigners with elderly Korean spouses, children with disabilities, or aging parents living in Korea may need to act quickly to secure legal authority over healthcare or finances. Without formal guardianship, even close family members may be barred from making critical decisions. Also, if you are a foreign resident who becomes incapacitated without legal preparation, it may be difficult for anyone to step in on your behalf without a lengthy court process.

For additional information on Korean Family Law, please see IPG Legal’s Family Law Archive and IPG Legal’s Estate Law Archive.

What is the Guardianship System in Korea?

Guardianship refers to a legal arrangement where a designated person is appointed to act in the best interest of an individual (the “ward”) who lacks the capacity to manage their personal or financial matters. In Korea, the Civil Act of Korea divides guardianship into two major categories: minor guardianship (for children) and adult guardianship (for incapacitated adults).

Korean Adult Guardianship

The following are the four adult guardianship types in Korea.

1. Korean Full Guardianship (성년후견, seongnyeon hugyeon): This type is the most encompassing type of adult guardianship in Korea and is intended for wards who continuously and indefinitely lack the capacity to manage any and all of the major personal affairs of life. Thus, the Korean Family Court appoints a guardian to make all legal, financial, and personal decisions for the ward.
2. Korean Limited Guardianship (한정후견, hanjeong hugyeon): Limited Guardianship in Korea is intended for wards who can not perform all the functions necessary for life, but who retain partial capacity to manage affairs. In this case, the Korean Family Court appoints a guardian for a limited scope of activities based on the specific needs of the ward.
3. Korean Specified Guardianship (특정후견, teukjeong hugyeon): Specified Guardianship is typically temporary or for a specific matter. Specified Guardanship, in most cases, is for a limited function such as signing a contract or managing the sales of a property.
4. Korean Voluntary Guardianship (임의후견, im-ui hugyeon): Voluntary Guardianship, as the name suggests, is for individuals with full capacity to pre-arrange a guardianship agreement with a guardian. Voluntary Guardianship becomes legally effective only when the Family Court of Korea appoints a supervisor for the guardian.

Key Principles of Korea’s Guardianship System

The Korean guardianship regime is built on the following three legal principles:

1. Principle of Necessity (필요성의 원리): Guardianship is permitted only to the extent necessary to protect the individual.
2. Principle of Subsidiarity (보충성의 원리): The state or a third party may intervene only when the individual is unable to resolve the matter on their own, thereby upholding the right to self-determination.
3. Principle of Universilization (보편화의 원리): Rather than isolating or excluding individuals with mental disabilities from society, efforts should be made to improve the social environment so that they can live harmoniously alongside other members of the community.

Common Scenarios That May Require a Guardianship

• An Elderly Parent with Alzheimer’s or dementia who is no longer capable of handling finances and personal affairs.
• An Adult Child or Spouse with developmental disabilities, mental illness, or other conditions that impair their decision-making abilities.
• An Adult deemed incompetent by a court due to mental or physical conditions that require a guardian to manage their affairs

Families often struggle to ensure that the assets accumulated over a lifetime are managed in the best interest of those affected. Through guardianship, family members can be legally empowered to manage the personal and financial affairs of the person in need, under the supervision of the Korean Family Court. This not only ensures appropriate care and asset protection, but also helps prevent conflicts and confusion among family members.

Need Help? IPG Legal Can Assist

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

IPG Legal, an international law firm based in Korea, has extensive experience in guardianship, Korean family law, Korean estate law, and mental health-related legal matters.  

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

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