Research On South Korea Elderly Welfare Act:the Obligation To Report Abuse Of Older Persons

In recent years,the abuse of the old in China has become more serious,according to a research report,the rate of the abuse of the old could case could reach 6%?13%.Under the similar condition,Korea used to have a very high rate of the abuse of the old,which is different from western countries,children are habitually dependent on their parents even when they reach adulthood,the financial burden of supporting their parents and the property of the elderly become the motive for their child's abuse,coupled with the fact that most abused elderly people neither choose to report cases after being abused,nor want their children to be punished,as the result,the number of cases of elder abuse increases year by year.To address this issue,South Korea has introduced into the Elderly Welfare Act an obligation to report abuse of older persons,making reporting elder abuse mandatory,as for the courts,punishment cannot be exempted from the elder's plea,and the subsequent amendment provides that if the child abuses the elderly,the property given by the parents to the child will be ordered to be returned,thus effectively attacking the abuser's arrogance.Similarly,in many developed countries,such as the United States,a systematic and systematic legal system for the protection of the rights and interests of the elderly has been formed,and the response and resolution of the problem of abuse of the elderly has been clearly defined.However,the current situation of the research on the protection of the rights and interests of the elderly in China is in its infancy,and the construction of laws and regulations for the protection of the rights and interests of the elderly lacks systematic and clear provisions.Although China has enacted and passed the Law on the Protection of the Rights and Interests of the Elderly,in the Law on the Protection of the Rights and Interests of the Elderly,the provisions on the protection of the rights and interests of the elderly,especially the protection of the elderly against abuse,are mostly principled and general legislative principles,failed to form systematic,institutionalized provisions,so it is difficult to use in practice.As we all know,the elderly group,as a vulnerable group in society,is usually in a more disadvantageous position.Therefore,how to draw lessons from the relevant legislation experience outside the country,realize "foreign use ",protect the rights and interests of the elderly,prevent the elderly from being abused,is of great significance to the perfection of the current legislative system in our country.Based on this,this paper mainly adopts literature review method and comparative analysis,the full text is divided into four main chapters.The first chapter is an overview of the Korean Elderly Welfare Act's system of obligation to declare abuse.This paper mainly summarizes the relevant contents of Korea's Law on the Welfare of the Elderly and the system of obligation to declare abuse,making clear the subject of the declaration,the scope of the declaration,the competent authority,the way of declaration,the content of the declaration,etc.The second chapter is about the significance and defects of the obligation system of abuse declaration under the Korean Law on the Welfare of the Elderly.Through the comparative analysis of the significance,uniqueness and defects of the Korean system of abuse declaration obligation.As a country who shares a similar cultural background,the system of abuse declaration obligation in Korea is of great significance to the prevention and treatment of elder abuse in China.On the basis of recognizing the logical core of Korean obligation system of abuse declaration,the defects in the system is also analyzed and stated in this chapter.The third chapter is the current situation and deficiency of the compulsory reporting system of elder abuse in China.Through the analysis of the current situation of the legislation on the compulsory reporting system in China and its shortcomings,which are,the scope of compulsory reporting is not comprehensive,the competent authorities and reporting methods of compulsory reporting are not clear,the safeguard measures for the elderly to be subjected to abuse are not comprehensive,the reward for the reporting subject is lacking,and the protective measures are lacking.The fourth chapter is the enlightenment of abuse declaration system to our country to deal with elder abuse.Based on the above discussion,it can be concluded that the compulsory system of abuse declaration under the Korean Law on the Welfare of the Elderly is of great significance and enlightenment to the perfection of legislation on the prevention and treatment of elder abuse in our country.It is analyzed from four aspects:scientific definition of elder abuse,reconstruction of compulsory reporting system,elimination of institutional barriers to compulsory reporting and improvement of safeguards against elder abuse.This is in the hope of constructing a more sound,feasible and operational system of elder protection and relief measures,and also with a view to providing some shallow advice and reference for the precautions against the phenomenon of elder abuse on the aspect of legislations in our country.