Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ACT ON ENFORCING AND SUPPORTING CHILD SUPPORT PAYMENT

Presidential Decree No. 26161, Mar. 24, 2015

Amended by Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Enforcing and Supporting Child Support Payment and those necessary for the enforcement thereof.
CHAPTER II DELIBERATIVE COMMITTEE ON PAYMENT OF CHILD REARING EXPENSES, CHILD SUPPORT AGENCY, ETC.
 Article 2 (Operation of Deliberative Committee on Payment of Child Rearing Expenses)
(1) The Chairperson (hereinafter referred to as the "Chairperson") of the Deliberative Committee on Payment of Child Rearing Expenses (hereinafter referred to as the "Committee") under Article 6 (1) of the Act on Enforcing and Supporting Child Support Payment (hereinafter referred to as "the Act") shall represent the Committee and have general supervision and control of its affairs.
(2) Where the Chairperson is unable to perform his/her duties due to any unavoidable reason, the member of the Committee designated by the Chairperson in advance shall act on his/her behalf.
(3) Meetings of the Committee shall be classified into regular meetings and extraordinary meetings.
(4) A regular meeting shall be held every quarter and an extraordinary meeting shall be convened where one-third of the members of the Committee request a meeting or where the Chairperson deems it necessary to convene a meeting.
(5) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(6) If deemed necessary for performing affairs, the Committee may request any relevant agency, etc. for necessary materials or hear the opinions of the employees of any relevant agency, etc. or experts.
(7) The Committee shall have one secretary to deal with its affairs, who shall be appointed by the Minister of Gender Equality and Family from among public officials of Grade III or IV of the Ministry of Gender Equality and Family.
 Article 3 (Members, etc. of Committee)
(1) “Central administrative agencies determined by Presidential Decree" in Article 6 (3) 1 of the Act means the Ministry of Strategy and Finance, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family, the Financial Services Commission, the National Tax Service, and other central administrative agencies designated by the Chairperson, which are related to the affairs subject to the deliberation at the Committee. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) The terms of office of the members who are commissioned by the Chairperson pursuant to Article 6 (3) 1 of the Act shall be there years.
 Article 4 (Composition, Operation, etc. of Expert Members)
(1) The number of the expert members assigned to the Committee (hereinafter referred to as "expert member") pursuant to Article 6 (4) of the Act shall not exceed seven persons.
(2) Expert members shall perform the following affairs:
1. Pre-examination of affairs subject to deliberation and resolution at the Committee, and the presentation of opinions on such affairs;
2. Collection and research of the materials related to the affairs referred to in subparagraph 1;
3. Other affairs the examination of which is required by the Committee in relation to the deliberation of the Committee.
(3) If deemed necessary, the Committee may have expert members attend a meeting to make a report on the affairs referred to in each subparagraph of paragraph (2).
(4) A person eligible to be an expert member shall be a person falling under any of the following subparagraphs:
1. An attorney-at-law or a certified judicial scrivener;
2. A person who obtained a degree equal to or higher than a master’s degree in jurisprudence, public administration, sociology or other similar field at a school under the Higher Education Act or at a foreign school equivalent to or higher than such school;
3. A person whose total term of service as a public official related to either one parent family-related policy or support for payment of child rearing expenses at an agency of the State or a local government is not less than 10 years and who held a post of Grade VI (including a post equivalent to Grade VI) or higher at the time of his/her retirement.
(5) Necessary matters concerning the service, remuneration, etc. of expert members shall be determined by the Minister of Gender Equality and Family.
 Article 5 (Detailed Operational Rule of Committee)
Except as provided for in this Decree, necessary matters concerning the operation, etc. of the Committee shall be determined by the Chairperson via Resolution of the Committee.
 Article 6 (Organization and Operation of Child Support Agency)
(1) The head of the Child Support Agency under Article 7 (1) of the Act (hereinafter referred to as “Support Agency”) shall be appointed by the Minister of Gender Equality and Family.
(2) The term of office of the head of the Support Agency shall be three years and may be consecutively appointed by the year.
(3) Except as provided for in any other Act or subordinate statutes, the head of the Support Agency shall represent the Support Agency, and shall have the general supervision and control of affairs regarding the enforcement and support of payment of child rearing expenses.
(4) To support consultation regarding child rearing expenses under Article 10 (1) of the Act, the head of the Child Support Agency shall establish an organization in charge of consultation and deploy expert consultants necessary for consultation.
(5) Except as provided for in paragraphs (1) through (4), necessary matters concerning the organization and operation of the Support Agency shall be prescribed by articles of association of the Korean Institute for Healthy Family under Article 34-2 (1) of the Framework Act on Healthy Families.
CHAPTER III SUPPORT FOR ENFORCEMENT OF PAYMENT OF CHILD REARING EXPENSES, ETC.
 Article 7 (Common Use, etc. of Information on Address, etc. of Obligor for Child Rearing Expenses)
(1) If deemed necessary for enforcing the payment of child rearing expenses pursuant to Article 13 (1) of the Act, the Minister of Gender Equality and Family may make a common use of the information on a certified copy or extract of the resident registration card of an obligor of child rearing expenses through the common use of administrative information under Article 36 (1) of the Electronic Government Act.
(2) The Minister of Gender Equality and Family either may make a written request for information on the working place of an obligor of child rearing expenses to the head of the National Health Insurance Service under Article 13 of the National Health Insurance Act pursuant to Article 13 (1) of the Act, or may make a request for such information and be provided with it through the information and communications under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as “information and communications network”).
 Article 8 (Standards for Emergency Support for Temporary Child Rearing Expenses, Persons Eligible therefor, and Other Related Matters)
(1) Cases of meeting standards for emergency support for temporary child rearing expenses (hereinafter referred to as “emergency support”) under the main sentence of Article 14 (2) of the Act shall refer to those falling under any of the following subparagraphs. <Amended by Presidential Decree No. 26683, Nov. 30, 2015>
1. Where the income of the household to which an obligee for child rearing expenses belongs is not higher than 50/100 of the standard median income under subparagraph 11 of Article 2 of the National Basic Living Security Act;
2. Where an obligee for child rearing expenses is a person eligible for support under Article 5 of the Single-Parent Family Support Act and meets the standards determined and publicly announced by the Minister of Gender Equality and Family.
(2) The head of the Support Agency shall decide on persons eligible for emergency support from among obligees for child rearing expenses who meet the standards referred to in paragraph (1), taking into comprehensive consideration whether or not such obligees for child rearing expenses or any of their family members has any disability or not, whether or not such obligees or any of their family members has any disease, how high the living standard of the obligees and their family members is, and whether or not there is a need to give emergency support to such obligees and their family members.
(3) The amount of emergency support shall be determined and publicly announced by the Minister of Gender Equality and Family within budgetary limits every year, taking into consideration ordinary child rearing expenses, demand on emergency support, and other related matters.
(4) Where an obligee for child rearing expenses intends to apply for emergency support pursuant to Article 14 (1) of the Act, he/she shall submit an application to the head of the Support Agency, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(5) Where an obligee for child rearing expenses applies for emergency support pursuant to Article 14 (1) of the Act, the head of the Support Agency shall, unless there exists any special ground, decide on whether or not to give emergency support and pay the amount of emergency support accordingly, within 10 days from the date on which the obligee applies for emergency support.
 Article 9 (Exercise of Right to Demand Reimbursement)
(1) Where the head of the Support Agency intends to exercise a right to demand a reimbursement pursuant to Article 14 (5) of the Act, he/she shall definitely clarify the calculation basis, etc. of the reimbursement amount and notify the obligor for child rearing expenses in writing that he/she should pay that amount.
(2) The obligor for child rearing expenses who receives a notification on payment of the reimbursement amount pursuant to paragraph (1) shall pay the reimbursement amount within 30 days from the date of receipt of the notification.
 Article 10 (Scope, etc. of Investigation and Inquiry)
(1) The Minister of Gender Equality and Family may make an investigation and inquiry to the extent of the followings pursuant to Article 16 (1) of the Act:
1. Income and property of an obligor for child rearing expenses;
2. Occupation of an obligor for child rearing expenses;
3. Willingness to pay an obligation for child rearing expenses;
4. Other matters prescribed in subparagraphs 1 through 3, which the Minister of Gender Equality and Family deems are necessary for confirming the ability of an obligor for child rearing expenses to pay child rearing expenses.
(2) The investigation and inquiry under paragraph (1) may be proceeded with from the date when one month has passed after delivery of a written request for payment of child rearing expenses under Article 15 (2) of the Act.
(3) In case of investigating into an obligor for child rearing expenses or inquiring of a person concerned pursuant to paragraphs (1) and (2), it shall be required to notify the obligor for child rearing expenses or the person concerned of a plan for investigation or inquiry which contains the date of investigation or inquiry, the reason of investigation or inquiry, and the content of investigation or inquiry, at lease before seven days from the date of the investigation or inquiry: Provided. That where it is deemed urgent or where it is deemed that, if an advance notification is made, it is impossible to achieve the aim of investigation or inquiry due to destruction of evidence or otherwise, it shall be permitted to make a verval notification of the purpose, etc. of investigation or inquiry at the same time with the beginning of the investigation or inquiry without making an advance notification of a plan for investigation or inquiry.
(4) The Minister of Gender Equality and Family may request the head of a relevant agency to provide, in writing or through the information and communications network, materials concerning national taxes, local taxes, parcels of land, buildings, health insurance, national pension, entry into and departure from the country, and so forth under Article 16 (2) of the Act.
 Article 11 (Scope of Financial Information, etc.)
The scope of the financial information, credit information and insurance information (hereinafter referred to as "financial information, etc.") on an obligor for child rearing expenses, which the Minister of Gender Equality and Family may request the heads of financial institutions in accordance with Article 17 (1) (referring to financial institutions, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies under subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide shall be as follows:
1. Financial information:
(a) Demand deposits such as an ordinary deposit, a saving deposit, a preferential savings deposit, and a foreign currency deposit: Average balance within the last three months;
(b) Savings deposits, such as time deposits, periodical installment savings, and periodical savings: Balance of deposit or total amount of deposit;
(c) Stocks, beneficiary certificates, money invested, investment shares, or real estate (annuity) trusts: The latest market value. In this regard, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the evaluation of the value of unlisted stocks;
(d) Bonds, promissory notes, checks, debt certificates, certificates of preemptive right to new stocks or transferable deposit certificates: Face value;
(e) Annuity savings: Amount paid periodically or the final balance;
(f) Interest and dividend or discount amount incurred from financial property falling under any of items (a) through (e);
2. Credit information:
(a) Status of loans and details of payment in arrears;
(b) Unsettled amount of credit cards;
3. Insurance information:
(a) Insurance policies: Amount to be refunded if an insurance contract is cancelled, or insurance money paid within the latest one year;
(b) Annuity insurances: Amount to be refunded if an insurance contract is cancelled, or amount of money paid periodically.
 Article 12 (Request for Financial Information, etc.)
(1) Where the Minister of Gender Equality and Family requests the head of a financial institution for the financial information, etc. of an obligor for child rearing expenses pursuant to Article 17 (1) of the Act, he/she shall clearly specify the following matters:
1. Name and resident registration number of the obligor for child rearing expenses;
2. Scope of financial information, etc. requested, the base date for inquiry, and the period of inquiry.
(2) Where the Minister of Gender Equality and Family requests the financial information, etc. of an obligor for child rearing expenses pursuant to Article 17 (1) of the Act, he/she shall make a request to the minimum extent necessary to confirm the ability of the obligor for child rearing expenses to pay child rearing expenses.
 Article 13 (Provision, etc. of Financial Information, etc.)
(1) Where the head of a financial institution, etc. who receives a request for the provision of financial information under Article 12 provides any relevant financial information, etc. to the Minister of Gender Equality and Family, he/she shall clearly specify the following matters:
1. Name and resident registration number of the obligor for child rearing expenses;
2. Name of the financial institution, etc. that provides financial information, etc.;
3. Name and account number of the financial product to be provided as financial information;
4. Details of financial information, etc.
(2) The Minister of Gender Equality and Family may request the head of a financial institution, etc. to provide financial information, etc. through the information and communications network of an association, federation, or central association that the financial institution, etc. joins.
 Article 14 (Application for, and Scope of, Support for Collection of Claims for Child Rearing Expenses)
(1) A person who intends to receive support for collecting claims for child rearing expenses pursuant to Article 19 of the Act shall apply for support for collection of claims for child rearing expenses to the head of the Support Agency, together with a letter of delegation of authority to collect claims for child rearing expenses, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(2) The scope of the affairs conducted by the head of the Support Agency for supporting the collection of claims for child rearing expenses shall be as follows:
1. Property investigation and credit investigation of an obligor for child rearing expenses;
2. Location of the whereabouts of an obligor for child rearing expenses;
3. Urging of an obligor for child rearing expenses to pay such expenses by means of phone call, mail, email, or visit or otherwise;
4. Receipt, etc. of payment money from an obligor for child rearing expenses.
(3) Where an obligee for child rearing expenses applies for support for the collection of claims for child rearing expenses pursuant to paragraph (1), he/she shall provide the following information or materials to the head of the Support Agency:
1. Basis for the occurrence of claims for child rearing expenses;
2. Information necessary for supporting the collection of claims for child rearing expenses such as the amount and period of non-performance of obligations for child rearing expenses.
 Article 15 (Transfer, etc. of Child Rearing Expenses)
(1) When receiving any child rearing expenses, the head of the Support Agency shall deposit such expenses into the account designated by the obligee for child rearing expenses without delay.
(2) Where an obligee for child rearing expenses receives child rearing expenses in the course of a period during which he/she receives support for the collection of claims for child rearing expenses, he/she shall inform the head of the Support Agency of the fact.
 Article 16 (Garnishment, Deduction and Transfer Methods, etc. of Estimated Amount of Tax Refund)
(1) Where the Minster of Gender Equality and Family intends to request the garnishment of the estimated amount national tax and local tax refund (hereinafter referred to as the "estimated amount of tax refund") repaid to an obligor for child rearing expenses pursuant to Article 20 (1) of the Act, he/she shall provide materials concerning the following matters to the Commissioner of the National Tax Service and the head of a local government so as to, first of all, confirm whether there is any estimated amount of nation tax and local tax refund to be repaid to the obligor for child rearing expenses:
1. Name and resident registration number of the obligor for child rearing expenses;
2. Amount of obligations for child rearing expenses of the obligor for child rearing expenses.
(2) The Commissioner of the National Tax Service and the head of a local government who are provided with the materials referred to in each subparagraph of paragraph (1) shall grasp materials concerning the obligor for child rearing expenses to whom there is any estimated amount of tax refund to be repaid, and provide such materials to the Minister of Gender Equality and Family.
(3) The Minister of Gender Equality and Family shall, if provided with materials under paragraph (2), request the Commissioner of the National Tax Service or the head of a local government for the garnishment and transfer of the estimated amount of tax refund, attaching the following documents or materials:
1. Documents (including electronic documents) concerning obligations for child rearing expenses;
2. Letter of delegation of authority to collect claims for child bearing expenses which is presented pursuant to Article 14 (1);
3. Name and resident registration number of the obligor for child rearing expenses, and the amount of non-performance of obligations.
(4) The Commissioner of the National Tax Service or the head of a local government who receives a request for the garnishment and transfer under paragraph (3) shall collect the estimated amount of tax refund.
(5) The Commissioner of the National Tax Service or the head of a local government shall transfer to the Minister of Gender Equality and Family the amount equivalent to the amount of non-performance of obligations for child rearing expenses (hereinafter referred to "amount of non-performance") under paragraph (3) 3 out of the estimated amount of tax refund garnished pursuant to paragraph (4). In such cases, where there is any amount to be paid in preference from the relevant estimated amount of tax refund, the amount of non-performance shall be transferred from the amount remaining after deducting the amount to be paid in preference, but if the amount remaining after deduction fall short of the amount of non-performance, all of the remaining amount shall be transferred.
(6) The Minister of Gender Equality and Family shall, without delay, transfer the amount transferred pursuant to paragraph (5) to the account designated by the obligee for child rearing expenses.
(7) Except as provided for in paragraphs (1) through (6), procedures for collecting the estimated amount of tax refund shall be proceeded with in the same manner as delinquent national taxes are collected.
(8) The documents or materials referred to in paragraphs (1) through (3) shall be provided in a written format or through the information and communications network.
 Article 17 (Demand for and Provision of Materials concerning Defaults in Payment, and Other Related Matters)
(1) A person who intends to demand (hereinafter referred to "demander" in this Article) materials concerning defaults in payment of child rearing expenses (hereinafter referred to as "materials concerning defaults") pursuant to Article 21 (1) of the Act shall submit the documents (including electronic documents) specifying the following matters to the Minister of Gender Equality and Family:
1. Name and address of the demander;
2. Content and use purpose of the demanded materials.
(2) The Minister of Gender Equality and Family may, when providing materials concerning defaults to the demander by a demand under paragraph (1), provide them in a written format or through the information and communications network.
(3) Where the Minister of Gender Equality and Family becomes aware of the fact that an obligor for child rearing expenses has paid obligations for child rearing expenses, he/she shall notify the demander within 15 days after becoming aware of the fact.
(4) The Minister of Gender Equality and Family shall, in case of providing materials concerning defaults pursuant to Article 21 (1) of the Act, notify the defaulter in a written document of the fact within 30 days from the date of provision pursuant to paragraph (2).
(5) Except as provided for in paragraphs (1) through (4), necessary matters concerning the demand for, and provision of, materials concerning defaults shall be determined by the Minister of Gender Equality and Family.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 18 (Entrustment of Affairs)
(1) The Minister of Gender Equality and Family shall entrust affairs concerning the following matters to the head of the Supporting Agency:
1. Matters concerning request for materials regarding address, etc. of an obligor for child rearing expenses under Article 13 of the Act;
2. Matters concerning investigation into properties, etc. of an obligor for child rearing expenses under Article 16 of the Act;
3. Matters concerning provision of financial information, etc. under Article 17 of the Act;
4. Matters concerning the garnishment of the estimated amount of tax refund under Article 20 of the Act;
5. Matters concerning the provision of materials concerning defaults under Article 21 of the Act.
(2) The head of the Support Agency may, pursuant to Article 24 (2) of the Act, entrust affairs concerning the following matters to either the corporation registered pursuant to Article 3 of the Legal Aid Act or the Korea Legal Aid Corporation under Article 8 of that Act:
1. Matters concerning the representation of a litigation for filing a claim for parental recognition of a child and a claim for child rearing expenses under Article 11 (1) of the Act, and legal aid necessary for the enforcement of the payment of child rearing expenses under paragraph (2) of that Article;
2. Matters concerning the exercise of a right to demand a reimbursement under Article 14 (5) of the Act;
3. Matters concerning measure for enforcing payment of child rearing expenses under Article 18 of the Act.
(3) The head of the Support Agency may, pursuant to Article 24 (2) of the Act, entrust affairs concerning claim collection from the property of an obligor for child rearing expenses under Article 19 to the credit information companies performing business of collecting claims under Article 4 (1) 3 of the Credit Information Use and Protection Act from among credit information companies under subparagraph 5 of Article 2 of that Act.
(4) Where the head of the Support Agency intends to entrust affairs under each subparagraph of paragraph (2), and paragraph (3), the head of the Support Agency shall obtain advance permission for the entrusted institution and entrusted affairs from the Minister of Gender Equality and Family.
(5) Where the head of the Support Agency entrusts affairs under each subparagraph of paragraph (2), and paragraph (3), the head of the Support Agency shall publicly announce the name, address, contact point and entrusted affairs of the entrusted institution.
 Article 19 (Management of Personally Identifiable Information)
The Minister of Gender Equality and Family and the head of the Support Agency (including the persons entrusted with the relevant affairs, where such affairs are entrusted pursuant to Article 18) may, if inevitable for the performance of the following affairs, manage any data containing resident registration numbers, passport numbers or alien registration numbers under subparagraph 1, 2 or 4 of Article 19 of the Personal Information Protection Act:
1. Affairs concerning consultation regarding child rearing expenses or support for reaching an agreement thereon under Article 10 of the Act;
2. Affairs concerning legal aid, etc. for claiming child rearing expenses and enforcing the payment thereof under Article 11 of the Act;
3. Affairs concerning a request for materials regarding address, etc. of an obligor for child rearing expenses under Article 13 of the Act;
4. Affairs concerning emergency support under Article 14 of the Act;
5. Affairs concerning claims for and investigation into payment of child rearing expenses under Article 15 of the Act;
6. Affairs concerning investigation into the property, etc. of an obligor for child rearing expenses under Article 16 of the Act;
7. Affairs concerning the provision of financial information, etc. under Article 17 of the Act;
8. Affairs concerning measures for enforcing payment of child rearing expenses under Article 18 of the Act;
9. Affairs concerning claim collection from the property of an obligor for child rearing expenses under Article 19 of the Act;
10. Affairs concerning collecting and deducting the estimated amount of tax refund under Article 20 of the Act;
11. Affairs concerning the provision of materials concerning defaults under Article 21 of the Act.
 Article 20 (Re-Examination of Regulation)
The Minister of Gender Equality and Family shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every 3rd year) and shall take measures, such as making improvements:
1. Matters concerning collectment, etc. of the estimated amount of tax refund under Article 16: March 25, 2015;
2. Matters concerning standards for imposition of administrative fines under Article 21 and the attached Table: March 25, 2015.
CHAPTER V PENALTY PROVISIONS
 Article 21 (Imposition standards for Administrative Fines)
The imposition standards for administrative fines under Article 28 of the Act shall be as specified at attached Table.
ADDENDUM
This Decree shall enter into force on March 25, 2015.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not arrived, shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
Articles 2 through 8 Omitted.