미국의 고령자 대상 경제적 착취 범죄 처벌에 관한 법제도 연구

초록

This article discussed possible legal improvement on the criminal liability of elder financial exploitation. The currently ongoing hotly debated legal issues on punishing those people who take elder’s financial assets through undue influence need comparative legal study on the legal system in the U. S. where the proper legal system has already been established. This paper reviewed the current legal issues regarding financial exploitation against elderly expecially focusing on the types and auctus reus of the crime. The American legal system has paid much attention on debilitation of elder’s financial capacity and has established a legal standard to protect elderly from financial abuse. First, crime such as fraud or embezzlement against elderly has been incorporated into financial exploitation crime enhancing crime penalty. Second, undue influence has been a general actus reus in majority states to punish those people who are in a close relationship with elderly such as family members, friends, caretakers, and fiduciaries. Based on the comparative legal study, this article discussed on the needs and possibility of adopting the American legal system into Korean legal settings. First, financial crimes against elderly such as fraud, embezzlement do not need to be incorporated into financial exploitation because the penalty of these crime can be adjusted in a sentencing phase. Second, undue influence needs to be included in financial exploitation when the some prerequisite are met. There must be empirical study on the elder’s financial capacity and comprehensive legal plan such as legal and financial aid to legal authority.

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