ACT ON ENFORCING AND SUPPORTING CHILD SUPPORT PAYMENT
Act No. 12532, Mar. 24, 2014
Amended by Act No. 13216, Mar. 11, 2015
Act No. 15546, Mar. 27, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this act is to create a safe environment for rearing a minor by supporting the enforcement, etc. of the payment of child support so that the father or mother who directly raises a minor may smoothly receive child support from the father or mother who does not rear the minor.
The definitions of terms used in this Act shall be as follows:
| 1. | The term “child support” means expenses necessary for protecting and rearing a child who is not an adult under Article 4 of the Civil Act (hereinafter referred to as “minor”); |
| 3. | The term “custodial parent” means the father or mother who directly rears a minor; |
| 4. | The term “non-custodial parent” means the father or mother who does not directly rear a minor; |
| 5. | The term “obligee for child support” means a person entitled to claim the payment of child support, who virtually rears a minor, such as the father or mother designated as the rearer of that child, and the legal representative of that child; |
| 6. | The term “obligor for child support” means a person obliged to perform the obligation for chid-rearing expenses (including the parents of a non-custodial parent where they shall pay child support fees), as the father or mother who does not directly rear a minor. |
| Article 3 (Responsibility for Rearing Minors) |
| (1) | Regardless of marriage status, or being charged or not charged with the care of a child, a father or mother shall create the optimum circumstances for growth of a minor in all fields of life, such as food, clothing, and shelter, education and health care, so as to have the minor grow up healthily. <Amended by Act No. 15546, Mar. 27, 2018> |
| (2) | The non-custodial parent shall faithfully pay an obligee for child support the child support determined on the basis of an agreement with the custodial parent, a court judgment, etc.: Provided, That where the non-custodial parent is a minor incapable of providing support, the parents of that non-custodial parent shall pay child support. |
| Article 4 (Responsibilities and Obligations of State, etc.) |
| (1) | The State shall provide such support to enable parents to raise their minor in the optimum circumstances. |
| (2) | The State or local governments shall establish and operate an organization exclusively for supporting the enforcement of payment of child support to the custodial parents and establishing policies for administrative and financial support necessary therefor. |
| (3) | The State or local governments shall give education and publicity concerning the payment of child support to custodial parents, non-custodial parents, etc. so as to create circumstances for rearing a minor. |
| (4) | The relevant corporations, agencies and organizations, including public institutions, shall give active cooperation to the affairs conducted by the State or local governments for enforcing the payment of child support. |
| Article 5 (Preparation of Guidelines on Child Support) |
The Minister of Gender Equality and Family shall prepare such guidelines on child support which are intended for calculation and shall endeavor to have them actively utilized for judgements, adjudications, etc. by courts.
CHAPTER II ESTABLISHMENT OF CHILD SUPPORT AGENCY AND OTHER RELATED MATTERS
| Article 6 (Deliberative Committee on Payment of Child Support) |
| (1) | There shall be established the Committee for Deliberation on Payment of Child Support (hereinafter referred to as the “Committee”) prescribed by the Minister of Gender Equality and Family to deliberate on and determine the matters falling under any of the following subparagraphs: |
| 1. | Matters concerning the establishment and improvement of systems for payment of child support; |
| 2. | Matters concerning sanctions against defaulters of the payment of child support; |
| 3. | Matters concerning cooperation with the relevant administrative agencies and public institutions; |
| 4. | Matters concerning the preparation of guidelines on child support; |
| 5. | Matters which are recognized by the Minister of Gender Equality and Family or the chairperson of the Committee as necessary for the deliberation of the Committee on enforcement of the payment of child support. |
| (2) | The Committee shall consist of not exceeding 14 non-standing members, including one Chairperson, and the office of the Chairperson shall be assumed by the Minister of Gender Equality and Family. |
| (3) | The members of the Committee shall be those persons falling under any of the following subparagraphs, and in case of members under subparagraph 3, the members of any particular gender shall not exceed 60/100 of the number of the whole members thereunder: |
| 1. | Those persons designated by the heads of the central administrative agencies to which they belong respectively, from among public officials in general service belonging to the Senior Civil Service Corp or public officials of Glades I through III not belonging thereto of the central administrative agencies prescribed by Presidential Decree; |
| 2. | Judges designated by the Minister of the National Court Administration; |
| 3. | Those persons designated by the Chairperson of the Committee from among persons with abundant knowledge and experience related to either policies for single-parent families or support for the enforcement of payment of child support. |
| (4) | Expert members shall be assigned to the Committee to examine in advance matters subject to deliberation and decision and present expert opinions thereon. |
| (5) | Other necessary matters concerning the composition and operation of the Committee and expert members shall be prescribed by Presidential Decree. |
| Article 7 (Child Support Agency) |
| (1) | In order to perform affairs concerning claims for expenses for rearing a minor and support for enforcing the payment thereof, there shall be established the Child Support Agency (hereinafter referred to as the "Support Agency”) under the Korean Institute for Healthy Family incorporated in accordance with the Framework Act on Healthy Families (hereinafter referred to as the “Korean Institute for Healthy Family”). |
| (2) | The Support Agency shall perform those affairs falling under any of the following subparagraphs: |
| 1. | Consultation regarding child support of non-custodial parents and custodial parents; |
| 2. | Legal support for claims for child support and enforcing the payment of child support; |
| 3. | Emergency assistance for temporary child support; |
| 4. | Support for the collection of claims for child support finally determined by agreement or court judgement, and transfer of child support to custodial parents; |
| 5. | Sanctions against defaulters of the payment of child support; |
| 6. | Research on systems for enforcing the effectiveness of the payment of child support and other related matters; |
| 7. | Education and publicity regarding the payments of child support; |
| 8. | Other affairs necessary for enforcing obligations for the payment of child support. |
| (3) | The organizations and operations of the Support Agency shall be prescribed by Presidential Decree. |
| Article 8 (Request for Dispatch of Employees, etc.) |
| (1) | Where deemed necessary to ensure the effectiveness of affairs related to the payment of child support, the head of the Korea Institute for Healthy Family may, through the Minister of Gender Equality and Family, request the relevant agency to dispatch public officials or employees belonging thereto: Provided, That where requesting the dispatch of public officials, the head of the Korea Institute for Healthy Family shall consult with the competent Minister. |
| (2) | The head of the agency requested to dispatch public officials or employees under paragraph (1) shall comply with such request, unless there exists any special compelling reason not to do so. |
| (3) | Necessary matters concerning business scope of dispatched employees under paragraph (1), employees subject to dispatch, requirements for dispatched employees and other related matters shall be determined by the head of the Support Agency. |
| Article 9 (Request for Dispatch of Public-Service Advocate) |
| (1) | The head of the Korea Institute for Healthy Family may request the Minister of Justice to dispatch a public-service advocate through the Minister of Gender Equality and Family. |
| (2) | The public-service advocate under paragraph (1) may conduct legal aid activities as an attorney-at-law, without registering his/her qualification for attorney-at-law under the Attorney-at-Law Act. |
CHAPTER III SUPPORT FOR ENFORCEMENT OF PAYMENT OF CHILD SUPPORT
| Article 10 (Consultation Regarding Child Support and Support for Reaching Agreement) |
| (1) | Where failing to reach agreement on the burden of child support and other related matters, a custodial parent or a non-custodial parent may apply for consultation regarding child support or support for reaching an agreement thereon with the head of the Support Agency. |
| (2) | Where an agreement is reached between a custodial parent and a non custodial parent as a result of consultation under paragraph (1), the head of the Support Agency may provide support for having the agreed matters fulfilled. |
| (3) | Necessary matters such as consultations, and methods and procedures for supporting the reaching of an agreement under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 11 (Application for Legal Aid, etc. for Claiming Child Support and Enforcing Payment thereof) |
| (1) | A custodial parent may apply with the head of the Support Agency to grant legal aid for enforcing a title of execution for child support, such as representation of a litigation for filing a claim for parental recognition of a child or a claim for child support. |
| (2) | Where not paid the child support finally determined by agreement or court judgement, an obligee for child support may apply with the head of the Support Agency for granting legal aid necessary for the enforcement of the payment of child support, such as an order for direct payment of child support and the representation of application for an order for the payment of child support, or for providing such support for the collection of a claim for child support. |
| (3) | The State may subsidize the whole or any part of expenses incurred for legal aid, etc. under paragraphs (1) and (2), within budgetary limits. |
| (4) | Necessary matters concerning persons eligible for application for legal aid and methods and procedures therefor, etc. under paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 12 (Granting of Opportunity for Presenting Opinion to Obligor for Child Support) |
Where providing support for the payment of child support at the request of a custodial parent or an obligee for child support, the head of the Support Agency shall provide him/her an opportunity to present his/her opinion upon request of an obligor for child support.
| Article 13 (Request for Materials Regarding Address, etc. of Obligor for Child Support) |
| (1) | If deemed necessary for enforcing the payment of child support, the Minister of Gender Equality and Family may request the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) for the inspection of the resident registration card of an obligor for child support or the delivery of a certified copy or extract thereof, or request the National Health Insurance Corporation for information regarding the working place of an obligor for child support as prescribed by Presidential Decree. |
| (2) | The head of the relevant agency who receives any request under paragraph (1) shall comply with it, unless there exists any special compelling reasons not to do so. |
| Article 14 (Emergency Assistance for Temporary Child Support) |
| (1) | An obligee for child support who has applied for legal aid, etc. for claiming child support and enforcing the payment thereof in accordance with Article 11 may apply for emergency assistance for temporary child support (hereinafter referred to as “emergency assistance”) to the head of the Support Agency, where the welfare of the child is endangered or likely to be endangered because the obligor for child support fails to pay child support. |
| (2) | The head who receives an application for the emergency assistance in accordance with paragraph (1) may grant the emergency assistance where the standards prescribed by Presidential Decree are satisfied: Provided, That where a person eligible for support under this Act receives the same protection as the above-mentioned protection in accordance with the National Basic Living Security Act and the Emergency Aid and Support Act, the emergency assistance under this Act shall be granted except to the extent that the person has received such protection. |
| (3) | The emergency assistance period determined under paragraph (2) shall be up to nine months, and may be extended up to three months where any additional assistance is necessary for the welfare of a child. <Amended by Act No. 15546, Mar. 27, 2018> |
| (4) | Assistance standards, such as the eligibility requirements, amount, timing for payment, etc., shall be prescribed by Presidential Decree. In such cases, the amount of the emergency assistance shall be determined in consideration of the guidelines on child support prescribed in Article 5. <Amended by Act No. 15546, Mar. 27, 2018> |
| (5) | Where granting the emergency assistance, the head of the Support Agency may exercise the right to demand reimbursement of the amount of emergency assistance from the obligor for the child support. The methods and procedures for exercising the right to demand reimbursement and other necessary matters shall be prescribed by Presidential Decree. |
| Article 14-2 (Termination, etc. of Emergency Assistance) |
| (1) | When an obligor for child support pays child support, the head of the Support Agency shall terminate the emergency assistance immediately. |
| (2) | Where the obligee for child support comes to know that the obligor for child support has paid child support or there is any change in matters concerning the eligibility requirements for emergency assistance, the obligee for child support shall inform the head of the Support Agency thereof without delay. |
| (3) | Details, methods, etc. of giving information pursuant to paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 15546, Mar. 27, 2018]
| Article 14-3 (Objections to Determination of Emergency Assistance) |
| (1) | Any obligee for child support who has an objection to the determination of the head of the Support Agency regarding emergency assistance prescribed in Article 14 may raise an objection in writing to the head of the Support Agency within 30 days from the date on which he/she is notified of such determination, as prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | The head of the Support Agency shall make decisions on objections prescribed in paragraph (1) within 30 days: Provided, That where he/she is unable to make decisions within the period due to any unavoidable reason, the period may be extended up to 30 days. |
| (3) | Any obligee for child support who has raised an objection pursuant to paragraph (1) may, regardless of the objection raised, file an administrative appeal prescribed by the Administrative Appeals Act. |
[This Article Newly Inserted by Act No. 15546, Mar. 27, 2018]
| Article 14-4 (Recovery of Expenses) |
| (1) | Where an obligee for child support is found to have been provided with emergency assistance by false or other improper means, the head of the Support Agency shall recover all or some of the expenses provided from the obligee for child support: Provided, That the amount to be recovered may be reduced or exempted if it is likely to put the welfare of minors in critical conditions. |
| (2) | The period and procedures for recovering child support provided as emergency assistance prescribed in paragraph (1) and other matters necessary therefor shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15546, Mar. 27, 2018]
| Article 15 (Claims for and Investigation into Payment of Child Support) |
| 1. | The fact that the obligee for child support has delegated the collection of claims to the head of the Support Agency; |
| 2. | A peremptory notice of performance of obligation for child support; |
| 3. | Matters concerning the obligation, such as the obligee for child support and the amount claimed; |
| 4. | Methods of discharging the obligation; |
| 5. | Measures to be taken at the time of failing to perform the obligation; |
| 6. | Matters concerning the opportunities to state opinions of the obligor for child support. |
| (2) | Where child support is not yet paid within one month from the time when the notice prescribed in paragraph (1) is given, the head of the Support Agency shall conduct an investigation to verify the payment ability of the obligor for child support, such as his/her income and property, and may, if necessary therefor, clarify the interests in accordance with the Family Litigation Act and then make an application for the inspection of records of the relevant litigation case with the permission of the presiding judge of that case. <Amended by Act No. 15546, Mar. 27, 2018> |
| (3) | The head of the Support Agency shall interrupt the investigation under paragraph (2) where the obligor for child support has paid child support. |
| (4) | Matters necessary for the methods, procedures, etc. of giving notice prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15546, Mar. 27, 2018> |
| Article 16 (Investigation into Property, etc. of Obligor for Child Support) |
| (1) | The Minister of Gender Equality and Family may require an obligor for child support to submit necessary documents or other materials concerning his/her income, property, etc. in order to investigate and verify his/her ability to pay child support, and may also direct a staff member under the Minister’s jurisdiction to investigate materials concerning the income, property, etc. of the obligor for child support or to inquire of relevant persons. |
| (2) | The Minister of Gender Equality and Family may, with the consent of the person in question, request the head of the relevant agency to provide the relevant materials concerning national taxes, local taxes, land, buildings, health insurance, national insurance, departures from and entries into the Republic of Korea, which are necessary for the investigation under paragraph (1), and in such cases, the head of the relevant agency receiving such request shall comply therewith unless he/she has any justifiable ground contrary thereto: Provided, That the Minister may make such request without the consent of the person in question if temporary child support is paid pursuant to Article 14. <Amended by Act No. 15546, Mar. 27, 2018> |
| (3) | Where the Minister of Gender Equality and Family receives materials pursuant to the proviso to paragraph (2), he/she shall notify the obligor for child support of the fact of receiving such materials. <Newly Inserted by Act No. 15546, Mar. 27, 2018> |
| (4) | A staff member who conducts an investigation in accordance with paragraph (1) shall carry a certificate verifying his/her authority and present it to the persons concerned. |
| (5) | Necessary matters concerning the scope, timing, and contents of the investigation and inquiries under paragraph (1), notification under paragraph (3), etc. shall be prescribed by Presidential Decree. <Amended by Act No. 15546, Mar. 27, 2018> |
| Article 17 (Provision of Financial Information, etc.) |
| (1) | Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Use and Protection of Credit Information Act, the Minister of Gender Equality and Family may, in order to investigate the properties of an obligor for child support, request the heads of financial institutions, etc. (referring to a financial company, etc. under the subparagraph 1 of Act 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies under the subparagraph 6 of Article 2 of the Use and Protection of Credit Information Act; hereinafter the same shall apply) to provide financial information, credit information or insurance information (hereinafter referred to as “financial information, etc.”) in an electronic form to which a written consent submitted by the obligor is transformed, through those documents which specify the personnel information on the obligor in accordance with the standards prescribed by Presidential Decree, or through an information and communications network. |
| (3) | The heads of financial institutions, etc. who provide financial information in accordance with paragraph (2) shall notify the person under whose name such information is stored of the fact of provision of financial information, etc.: Provided, That where the person under whose name such information is stored gives consent, they may not make notification, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Use and Protection of Credit Information Act. <Amended by Act No. 13216, Mar. 11, 2015> |
| (5) | A person who engages or engaged any business affair under paragraphs (1) and (2) shall neither use the financial information, etc. which has come to his/her knowledge in the course of performing such business affairs for any purpose other than purposes provided in this Act, nor disclose or provide such financial information to other persons or institutions. |
| (6) | Necessary matters concerning request for the provision of financial information, etc., the consequential provision thereof, etc. under paragraphs (1), (2) and (4) shall be prescribed by Presidential Decree. |
| Article 17-2 (Destruction of Materials on Income, Property, etc. of Obligor for Child Support) |
Pursuant to Article 21 of the Personal Information Protection Act, the Minister of Gender Equality and Family shall destruct the materials on the income, property, etc. provided by relevant agencies pursuant to Article 16 as well as the financial information, etc. provided by the heads of financial institutions, etc. pursuant to Article 17, after achieving the objective of performance of obligation to pay child support, such as the completion of collection of claims for child support, or suspension of investigation prescribed in Article 15 (3). [This Article Newly Inserted by Act No. 15546, Mar. 27, 2018]
| Article 18 (Measure for Enforcing Payment of Child Support) |
| (1) | If necessary for providing support for the payment of child support, the head of the Support Agency shall grant necessary legal aid when an obligee for child support makes any application falling under any of the following subparagraphs in accordance with the Family Litigation Act and the Civil Execution Act: |
| 1. | Application for property specification or property inquiry; |
| 2. | Application for an order for direct payment of child support; |
| 3. | Application for an oder for furnishing security for child rearing expense; |
| 4. | Application for an oder for performing the payment of child rearing expense; |
| 5. | Application for an oder for attachment; |
| 6. | Application for an oder for recovery or assignment; |
| 7. | Application for an oder for detention in custody, and so forth. |
| (2) | Where providing support under paragraph (1), the head of the Support Agency may submit the related materials or opinions to the court concerned via an obligee for child support or a representative thereof. |
| Article 19 (Collection Properties of Obligor for Child Support) |
| (1) | The head of the Support Agency may provide a custodial parent with support for collecting any money to be paid or any property to be collected, in the course of any measure under Article 18. |
| (2) | The head of the Support Agency shall transfer the money or other properties collected in accordance with paragraph (1), if any, to an obligee for child support within seven days from the time of collection thereof. |
| (3) | Necessary matters for supporting the collection and the transfer under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 20 (Attachment and Deduction of Estimated Amount of Tax Refund) |
| (1) | Where it is impossible to fully pay child support despite any measure under Article 18 and Article 19, the Minister of Gender Equality and Family may request the Commissioner of the National Tax Service and the head of a local government to garnish the estimated amounts of national tax and local tax refund (hereinafter referred to as “estimated tax refund”). |
| (2) | The Minister of Gender Equality and Family shall pay the amount calculated by deducting the unpaid portion of child support from the estimated amount of tax refund held under attachment in a manner of transferring it into the account of an obligee for child support. |
| (3) | Necessary matters concerning the attachment, deduction, transfer methods, etc. of the estimated amount of tax refund under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 21 (Provision of Materials concerning Defaults in Payment) |
| (1) | The Minister of Gender Equality and Family may provide materials concerning defaults in payment, where necessary for enforcing the payment of child support, and a credit information company under the subparagraph 5 of Article 3 of the Use and Protection of Credit Information Act, a credit information collection agency under the subparagraph 6 of the same Article, or other persons prescribed by Presidential Decree (hereinafter referred to as “credit information company, etc.”) makes a request for such materials. |
| (2) | The Minister of Gender Equality and Family shall, in advance, notify an obligor for child support that the Minister may provide a credit information company, etc. with materials concerning his/her defaults in payment of that obligor, if he/she fails to pay child support. |
| (3) | Where providing materials concerning defaults in payment in accordance with paragraph (1), the Minister of Gender Equality and Family shall notify the defaulter concerned of the fact of such provision, as prescribed by Presidential Decree. |
| (4) | Necessary matters concerning procedures, etc. for providing materials concerning defaults in payment under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 22 (Preferential Provision of Support for Enforcement of Payment of Child Support) |
The head of the Support Agency shall provide preferential support for the enforcement of payment of child support to persons falling under any of the following subparagraphs: Provided, That this shall not apply where there exists any reason not to provide the support, such as an excessive number of applicants and the delay of procedures for supporting the enforcement of payment:
| 4. | Other persons who are prescribed by Ordinance of the Ministry of Gender Equality and Family in consideration of their income level. |
| (1) | Where providing support for the enforcement of payment of child support, the head of the Support Agency may have an obligor pay the fees incurred in recovering and transferring rearing expenses. |
| (2) | Necessary matters concerning persons subject to fees, methods for paying fees, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 24 (Entrustment of Business Affairs) |
| (1) | The Minister of Gender Equality and Family may entrust the Support Agency with any business affair falling under any of the following subparagraphs, as prescribed by Presidential Decree: |
| 1. | Matters regarding material request for address. etc. of obligors for child support under Article 13; |
| 2. | Matters regarding investigation into the properties, etc., of obligors for child support under Article 16; |
| 3. | Matters regarding provision of financial information, etc. under Article 17; |
| 4. | Matters regarding attachment of the estimated tax refund under Article 20; |
| 5. | Matters regarding provision of materials concerning defaults in payment under Article 21. |
| (2) | The head of the Support Agency may entrust any relevant institutions, corporations or organizations with any part of his/her business affairs under this Act, as prescribed by Presidential Decree. |
| Article 25 (Duty of Confidentiality) |
A person who is or was the head or employee of the Support Agency and a person who conducts or conducted any business affair entrusted in accordance with Article 24 shall not disclose any secret which has come to his/her knowledge of them in the course of performing such business affairs.
| Article 26 (Prohibition of Use of Similar Name) |
No person other than the Child Support Agency shall use the name of the Child Support Agency or any other name similar thereto.
CHAPTER V PENALTY PROVISIONS
| Article 27 (Penalty Provisions) |
| (1) | A person who uses, provides or discloses any financial information, etc. in violation of Article 17 (5) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | A person who discloses any secret which has come to his/her knowledge in the course of performing his/her business affairs, in violation of Article 17 (5), shall be punished by imprisonment with labor for not more than one year or a fine not exceeding 10 million won. |
| Article 28 (Administrative Fines) |
| (1) | A person who violates the prohibition of use of a similar name under Article 26 shall be subject to an administrative fine not exceeding 3 million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Gender Equality and Family, or the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 15546, Mar. 27, 2018>
This Act shall enter into force six months after the date of its promulgation.