Domestic Relations Case Procedure Act

An adjudication case regarding the appointment of a supervisor of a voluntarily appointed guardian for making a for the commencement of voluntary guardianship contract effective (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (111); the same applies in the following paragraph and item (i) of the following Article) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the principal set forth in Article 2, item (ii) of the Voluntary Guardianship Contract Act (hereinafter simply referred to as the "principal" in this Section).

Adjudication cases prescribed in the Voluntary Guardianship Contract Act (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (111) through (121)), except for an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective, are subject to the jurisdiction of the family court that has made a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective (if the court in charge of an appeal has appointed the supervisor of a voluntarily appointed guardianmade a ruling of the commencement of voluntary guardianship, the family court that is the court of first instance); provided, however, that if an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective is pending before a family court, these cases are subject to the jurisdiction of that family court.

The provisions of Article 118 apply mutatis mutandis to the principal in an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective.the following adjudication cases (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (iii) and (v) as cases on the merits):

an adjudication case for the commencement of voluntary guardianship;

an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (112));

an adjudication case for the dismissal of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (116); the same applies in Article 225, paragraph (1));

an adjudication case for the supervision of the affairs of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (119));

an adjudication case for the dismissal of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (120); the same applies in Article 225, paragraph (2)); and

an adjudication case for permission for the cancellation of a voluntary guardianship contract (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (121)).

A family court may not make a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective unless it hears the opinion of a physician or any other appropriate person concerning the mental state of the principal.

When making the rulings set forth in the following items, the family court must hear statements from the persons specified respectively in these items (in items (i) and (iv), excluding the petitioner); provided, however, that this does not apply to the principal if it is impossible to hear the principal's statements due tofor mental or physical disabilityreasons on the part of the principal:

a ruling of the commencement of voluntary guardianship:the principal;

a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective, and a ruling of the appointment of a supervisor of a voluntarily appointed guardian in the event of a vacancy of a supervisor of a voluntarily appointed guardian or the appointment of an additional supervisor of a voluntarily appointed guardian:the principal;

a ruling of the dismissal of a supervisor of a voluntarily appointed guardian:the principal and the supervisor of a voluntarily appointed guardian;

a ruling of the dismissal of a voluntarily appointed guardian:the principal and the voluntarily appointed guardian; and

When making the rulingrulings set forth in item (i) of the preceding paragraph, the family court must hear the opinion of a person who is to be a supervisor of a voluntarily appointed guardian.the following items, the family court must hear the opinions of the persons specified respectively in these items:

a ruling of the commencement of voluntary guardianship:a person entrusted with voluntary guardianship;

a ruling of the appointment of a supervisor of a voluntarily appointed guardian:a person who is to be a supervisor of a voluntarily appointed guardian.

A petition for the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective and for the appointment of a supervisor of a voluntarily appointed guardian in the event of the vacancy of a supervisor of a voluntarily appointed guardianunder the provisions of Article 7, paragraph (2) of the Voluntary Guardianship Contract Act may not be withdrawn without permission from the family court, even before a ruling is made.

a ruling to dismiss a petition offor the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective:the petitioner;

a ruling of the dismissal of a supervisor of a voluntarily appointed guardian (limited to a case where the supervisor has been dismissed on the grounds set forth in Article 876-5, item (i) or (ii) of the Civil Code as applied mutatis mutandis pursuant to Article 10, paragraph (4) of the Voluntary Guardianship Contract Act):the supervisor of a voluntarily appointed guardian;

a ruling to dismiss a petition for the dismissal of a voluntarily appointed guardian:the petitioner, a supervisor of a voluntarily appointed guardian, and the principal and the principal's relative, and an assistant and a supervisor of an assistant;

A family court may have a family court investigating officer examine the affairs of a voluntarily appointed guardian or a supervisor of a voluntarily appointed guardian.

The provisions of Article 127, paragraphs (1) through (4) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (117)) as a case on the merits.

The provisions of Article 127, paragraphs (1) and (2) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (120)) as a case on the merits. In this case, the phrase "suspend the performance of duties by the guardian of the adultassistant or appoint a person acting as the representative thereof" in paragraph (1) of the Article is deemed to be replaced with "suspend the performance of duties by the guardian of the adultassistant", and the phrase "a person acting as a representative appointed underpursuant to the provisions of the paragraph" in paragraph (2) of the Article is deemed to be replaced with "supervisor of a voluntarily appointed guardian".