ENFORCEMENT DECREE OF THE ACT ON ENFORCING AND SUPPORTING CHILD SUPPORT PAYMENT
Presidential Decree No. 0, ,
Presidential Decree No. 26161, Mar. 24, 2015
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29135, Sep. 4, 2018
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29915, Jun. 25, 2019
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 31416, Jan. 26, 2021
Presidential Decree No. 31891, Jul. 13, 2021
Presidential Decree No. 32874, Aug. 16, 2022
Presidential Decree No. 34903, Sep. 20, 2024
Presidential Decree No. 35579, Jun. 2, 2025
Presidential Decree No. 35806, Oct. 1, 2025
Presidential Decree No. 35948, Dec. 30, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated 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 SUPPORT, CHILD SUPPORT AGENCY
| Article 2 (Operation of Deliberative Committee on Payment of Child Support) |
| (1) | The Chairperson (hereinafter referred to as the "Chairperson") of the Deliberative Committee on Payment of Child Support (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 the duties due to any unavoidable reason, the member of the Committee designated by the Chairperson in advance shall act on his or her behalf. |
| (3) | Deleted. <Jan. 26, 2021> |
| (4) | Meetings of the Committee shall be convened by the chairperson where 1/3 of the members of the Committee request a meeting or where the chairperson deems it necessary to convene a meeting. <Amended on Jan. 26, 2021> |
| (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 1 executive 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. <Amended on Oct.1, 2025> |
| Article 3 (Members of Committee) |
| (1) | "Central administrative agencies prescribed by Presidential Decree" in Article 6(3)1 of the Act means 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 Ministry of Planning and Budget, 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 deliberation by the Committee. <Amended on Jul. 26, 2017; Oct. 1, 2025; Dec. 30, 2025> |
| (2) | The terms of office of the members who are commissioned by the Chairperson pursuant to Article 6(3)3 of the Act shall be three years. |
| Article 4 (Composition and operation 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 expert 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 any of the following persons: |
| 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 assistance for payment of child support 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 or her retirement. |
| (5) | Matters necessary for the service, remuneration, etc. of expert members shall be determined by the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| Article 5 (Detailed operational rule of Committee) |
Except as provided in this Decree, matters necessary for the operation, etc. of the Committee shall be determined by the Chairperson via Resolution of the Committee.
| Article 6 Deleted. <Sep. 20, 2024> |
CHAPTER III SUPPORT FOR ENFORCEMENT OF PAYMENT OF CHILD SUPPORT
| Article 7 (Common use of information on address of non-custodial parent or obligor for child support) |
| (1) | If deemed necessary for securing a title of execution for child support, enforcing the payment of child support pursuant to Article 13(1)1 and 2 of the Act, or providing advance payment of child support under Article 21-6 of the Act, the Minister of Gender Equality and Family may jointly use administrative information concerning the non-custodial parent or obligor for child support, including certified copies or extracts of their resident registration cards or computerized data on family relation registration (limited to the information recorded in the family relations certificate, basic certificate, and marriage relation certificate) through administrative data matching under Article 36(1) of the Electronic Government Act. <Amended on Jun. 25, 2019; Jun. 2, 2025; Oct. 1, 2025> |
| (2) | In accordance with Article 13(1)3 of the Act, the Minister of Gender Equality and Family may request and obtain information on the workplace of a non-custodial parent or an obligor for child support either in writing from the head of the National Health Insurance Service under Article 13 of the National Health Insurance Act, or through the information and communications network as defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection. (hereinafter referred to as "information and communications network"). <Amended on Jun. 25, 2019; Jun. 2, 2025; Oct. 1, 2025> |
[Title Amended on Jun. 25, 2019]
| Article 8 Deleted. <Jun. 2, 2025> |
| Article 9 Deleted. <Jun. 2, 2025> |
| Article 9-2 Deleted. <Jun. 2, 2025> |
| Article 10 (Scope of investigation and inquiry of obligors for child support) |
| (1) | The Minister of Gender Equality and Family may conduct investigations and inquiries with respect to the following matters under Article 16(1) of the Act: <Amended on Oct. 1, 2025> |
| 1. | Income and property of an obligor for child support; |
| 2. | Occupation of an obligor for child support; |
| 3. | Willingness to fulfill an obligation for child support; |
| 4. | Other matters prescribed in subparagraphs 1 through 3, which the Minister of Gender Equality and Family deems necessary for confirming the ability of an obligor for child support to pay child support. |
| (2) | The investigation and inquiry under paragraph (1) may be conducted beginning on the day 1 month has passed since the delivery of a written notice under Article 15(1) of the Act (including electronic documents as defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions; hereinafter the same shall apply). <Amended on Sep. 4, 2018; Jun. 2, 2025> |
| (3) | In cases of investigating into an obligor for child support or inquiring of a person concerned pursuant to paragraphs (1) and (2), it shall be required to notify the obligor for child support 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 least seven days before the date of the investigation or inquiry; provided, where it is deemed urgent or where it is deemed that, if an advance notice is given, it is impossible to achieve the aim of investigation or inquiry due to destruction of evidence or otherwise, it shall be permitted to give a verbal notice 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 materials the Minister of Gender Equality and Family may request from the head of a relevant agency pursuant to the main clause of Article 16(2) of the Act shall be as specified in Appendix 1: <Amended on Jun. 2, 2025; Oct. 1, 2025> |
| (5) | 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 relating to 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. <Amended on Jan. 26, 2021; Oct. 1, 2025> |
| (6) | Where the Minister of Gender Equality and Family intends to notify an obligor for child support of the receipt of materials under Article 16(3) of the Act, such notification shall be given in writing. <Added on Sep. 4, 2018; Jan. 26, 2021; Jun. 2, 2025; Oct. 1, 2025> |
[Title Amended on Jun. 2, 2025]
| Article 11 (Scope of financial information of obligor for child support) |
| (1) | "Materials or information prescribed by Presidential Decree" in Article 17(1)1 of the Act means the following materials or information: |
| 1. | Demand deposits such as an ordinary deposit, a saving deposit, a preferential savings deposit, and a foreign currency deposit: |
| 2. | Time and savings deposits, such as time deposits, installment savings deposits, or installment savings: Deposit balance or the total deposit amount; |
| 3. | Stocks, beneficiary certificates, investments, equity interests, or real estate (pension) trust: Final quotations; in such cases, Article 54 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the assessment of the value of unlisted stocks; |
| 4. | Bonds, bills, checks, debt instruments, certificates of preemptive right, or certificates of deposit: Face value amounts; |
| 5. | Annuity savings: Amount paid regularly or the final balance; |
| 6. | Interest, dividends, or discounts derived from financial property falling under any of subparagraphs 1 through 5. |
| (2) | "Materials or information prescribed by Presidential Decree" in Article 17(1)2 of the Act means the following materials or information: |
| 1. | Current state of loans and details of delinquencies; |
| 2. | Outstanding credit card balance. |
| (3) | "Materials or information prescribed by Presidential Decree" in Article 17(1)3 of the Act means the following materials or information: |
| 1. | Insurance policies: Refund amount receivable upon surrender, or insurance proceeds paid within the last 1 year; |
| 2. | Annuity insurance: Refund amount receivable upon surrender, or amount paid regularly. |
[This Article Wholly Amended on Jun. 2, 2025]
| Article 12 (Request for financial information, etc. of obligors for child support) |
| (1) | If the Minister of Gender Equality and Family Affairs, under Article 17(2) of the Act, requests financial, credit, or insurance information (hereinafter referred to as "financial information, etc.") of an obligor for child support from the head of a financial institution, etc. (referring to financial companies, 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 Act on the Use and Protection of Credit Information; hereinafter the same shall apply), he or she shall clearly specify the following matters: <Amended on Jun. 2, 2025; Oct. 1, 2025> |
| 1. | Name and resident registration number of the obligor for child support; |
| 2. | Scope of financial information, etc. requested, the base date for inquiry, and the period of inquiry. |
| (2) | If the Minister of Gender Equality and Family requests the financial information, etc. of an obligor for child support under Article 17(2) of the Act, the Minister shall make such request to the minimum extent necessary to verify the ability of the obligor for child support to pay child support. <Amended on Jun. 2, 2025; Oct. 1, 2025> |
[Title Amended on Jun. 2, 2025]
| Article 13 (Provision of financial information, etc. of obligors for child support) |
| (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 or she shall clearly state the following matters: <Amended on Oct. 1, 2025> |
| 1. | Name and resident registration number of the obligor for child support; |
| 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 financial institutions, etc. to provide financial information, etc. through the information and communications network of an association, federation, or central association to which the financial institutions, etc. belong. <Amended on Oct. 1, 2025> |
[Title Amended on Jun. 2, 2025]
| Article 14 (Application for, and scope of, support for collection of claims for child support) |
| (1) | A person who intends to receive support for collecting claims for child support pursuant to Article 19 of the Act shall apply for support for collection of claims for child support to the head of the Child Support Agency under Article 7(1) of the Act (hereinafter referred to as the "Support Agency"), together with a letter of delegation of authority to collect claims for child support, as prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Jun. 2, 2025; Oct. 1, 2025> |
| (2) | The scope of the affairs conducted by the head of the Support Agency for supporting the collection of claims for child support shall be as follows: |
| 1. | Property investigation and credit investigation of an obligor for child support; |
| 2. | Location of the whereabouts of an obligor for child support; |
| 3. | Urging of an obligor for child support 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 support. |
| (3) | Where an obligee for child support applies for support for the collection of claims for child support pursuant to paragraph (1), he or she shall provide the following information or materials to the head of the Support Agency: |
| 1. | Basis for the occurrence of claims for child support; |
| 2. | Information necessary for supporting the collection of claims for child support such as the amount and period of non-performance of obligations for child support. |
| Article 15 (Transfer of child support) |
| (1) | When receiving any child support, the head of the Support Agency shall deposit such expenses into the account designated by the obligee for child support without delay. |
| (2) | Where an obligee for child support receives child support in the course of a period during which he or she receives support for the collection of claims for child support, he or she shall inform the head of the Support Agency of the fact without delay. |
| Article 16 (Seizure, deduction, and transfer methods, of estimated amount of tax refund) |
| (1) | If the Minister of Gender Equality and Family intends to request the seizure of the estimated amount of national and local tax refund (hereinafter referred to as "estimated amount of tax refund") under Article 20(1) of the Act, he or she shall first provide the Commissioner of the National Tax Service and the head of a local government with materials concerning the following matters in order to confirm whether there is any estimated amount of tax refund to be refunded to the obligor for child support: <Amended on Oct. 1, 2025> |
| 1. | Name and resident registration number of the obligor for child support; |
| 2. | Amount of obligations for child support of the obligor for child support. |
| (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, without delay, identify obligors for child support for whom an estimated amount of tax refund exists and the amount thereof, and provide such information to the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| (3) | The Minister of Gender Equality and Family shall, if provided with information under paragraph (2), request the Commissioner of the National Tax Service or the head of a local government for the seizure and transfer of the estimated amount of tax refund, attaching the following documents or materials: <Amended on Oct. 1, 2025> |
| 1. | Documents (including electronic documents) concerning obligations for child support; |
| 2. | Letter of delegation of authority to collect claims for child support which is presented pursuant to Article 14(1); |
| 3. | Name and resident registration number of the obligor for child support, 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 seizure 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 support (hereinafter referred to "amount of non-performance") under paragraph (3)3 out of the estimated amount of tax refund seized under paragraph (4). In such cases, where there is any amount to be paid in preference from the relevant estimated amount of tax refund under statutes or regulations, 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 falls short of the amount of non-performance, all of the remaining amount shall be transferred. <Amended on Oct. 1, 2025> |
| (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 support. <Amended on Oct. 1, 2025> |
| (7) | Except as provided 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 (Request for and provision of materials concerning defaults in payment, and other related matters) |
| (1) | A person who intends to request (hereafter in this Article referred to "requesting person") materials concerning defaults in payment of child support (hereinafter referred to as "materials concerning defaults in payment") under Article 21(1) of the Act shall submit the documents specifying the following matters to the Minister of Gender Equality and Family: <Amended on Jun. 2, 2025; Oct. 1, 2025> |
| 1. | Name and address of the requesting person; |
| 2. | Content and use purpose of the requested materials. |
| (2) | The Minister of Gender Equality and Family may, when providing materials concerning defaults in payment to the requesting person under paragraph (1), provide them in writing or through the information and communications network. <Amended on Oct. 1, 2025> |
| (3) | Where the Minister of Gender Equality and Family becomes aware of the fact that an obligor for child support has paid obligations for child support, he or she shall notify the requesting person within 15 days after becoming aware of the fact. <Amended on Oct. 1, 2025> |
| (4) | If the Minister of Gender Equality and Family provides materials concerning defaults in payment under Article 21(1) of the Act, he or she shall notify the defaulter in writing of such fact within 30 days from the date of provision under paragraph (2). <Amended on Oct. 1, 2025> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the request for, and provision of, materials concerning defaults in payment and other necessary matters shall be determined by the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| Article 17-2 (Requests for disposition to suspend driver's license) |
| (1) | "Person prescribed by Presidential Decree" in the main clause of Article 21-3(1) of the Act means any of the following persons: <Added on Sep. 20, 2024; Jun. 2, 2025> |
| 1. | A person who has failed to fulfill his or her obligation within 30 days after receiving an order to make a lump-sum payment under Article 63-3(4) of the Family Litigation Act; |
| 2. | A person who has failed to fulfill child support obligations in an amount of at least 30 million won, as required under an order for implementation under Article 64(1)1 of the Family Litigation Act; |
| 3. | A person who has failed to fulfill his or her obligation for at least 3 payment terms after receiving an order for implementation under Article 64(1)1 of the Family Litigation Act (limited to an order for the regular payment of child support; hereafter in Articles 17-3(1)3 and 17-4(1)3 the same shall apply). |
| (2) | If the Minister of Gender Equality and Family intends to request the commissioner of a City/Do police agency to suspend the validity of a driver's license of an obligor for child support (hereafter in this Article referred to as "disposition to suspend a driver's license") pursuant to Article 21-3(1) of the Act, or to withdraw such request under Article 21-3(3) of the Act, the Minister may investigate the materials necessary for making or withdrawing such request. <Added on Jun. 2, 2025; Oct. 1, 2025> |
| (3) | If the Minister of Gender Equality and Family intends to request the commissioner of a City/Do police agency to suspend a driver's license or to withdraw such request under Article 21-3(1) and (3) of the Act, such request shall be made in writing, specifying the personal information of the obligor for child support or through information and communications networks. <Amended on Sep. 20, 2024; Jun. 2, 2025; Oct. 1, 2025> |
| (4) | If the commissioner of the competent City/Do police agency imposes a disposition to suspend a driver's license or withdraws such disposition in response to a request made under paragraph (3), he or she shall notify the Minister of Gender Equality and Family of the outcomes through information and communications networks, etc. <Amended on Sep. 20, 2024; Jun. 2, 2025; Oct. 1, 2025> |
[This Article Added on Jul. 13, 2021]
| Article 17-3 (Request for imposition of departure ban) |
| (1) | "Those prescribed by Presidential Decree" in Article 21-4(1) of the Act means any of the following persons: <Amended Aug. 16, 2022; Sep. 20, 2024; Jun. 2, 2025> |
| 1. | A person who has failed to fulfill his or her obligation within 30 days after receiving an order to make a lump-sum payment under Article 63-3(4) of the Family Litigation Act; |
| 2. | A person who has failed to fulfill child support obligations in an amount of at least 30 million won, as required under an order for implementation under Article 64(1)1 of the Family Litigation Act; |
| 3. | A person who has failed to fulfill his or her obligation for at least 3 payment terms after receiving an order for implementation under Article 64(1)1 of the Family Litigation Act. |
| (2) | If the Minister of Gender Equality and Family requests the Minister of Justice to impose a departure ban on an obligor for child support under Article 21-4(1) of the Act, the Minister shall specify which subparagraph of paragraph (1) the obligor falls under. <Amended on Oct. 1, 2025> |
| (3) | If any of the following grounds arises in respect of a person subject to a departure ban, and it is deemed that the person is unlikely to flee abroad for the purpose of evading child support obligations, the Minister of Gender Equality and Family shall request the Minister of Justice to lift the departure ban: <Amended on Oct. 1, 2025> |
| 1. | Where the person intends to depart from the Republic of Korea with a specific business plan, such as executing an overseas construction contract, opening an export letter of credit, and concluding a joint venture contract with a foreigner; |
| 2. | Where the person intends to depart from the Republic of Korea because his or her lineal ascendant or descendant residing overseas dies; |
| 3. | Where it is deemed necessary to lift the departure ban for any unavoidable cause, such as medical treatment of the person's disease, apart from the grounds specified in subparagraphs 1 and 2. |
| (4) | If the Minister of Gender Equality and Family requests the Minister of Justice to impose or lift a departure ban on an obligor for child support under Article 21-4(1) or (3) of the Act, he or she may investigate materials necessary for making such request or for requesting its withdrawal. <Added on Jun. 2, 2025; Oct. 1, 2025> |
[This Article Added on Jul. 13, 2021]
| Article 17-4 (Disclosure of lists) |
| (1) | "Prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 21-5(1) of the Act means any of the following persons: <Added on Sep. 20, 2024; Jun. 2, 2025> |
| 1. | A person who has failed to fulfill his or her obligation within 30 days after receiving an order to make a lump-sum payment under Article 63-3(4) of the Family Litigation Act; |
| 2. | A person who has failed to fulfill child support obligations in an amount of at least 30 million won, as required under an order for implementation under Article 64(1)1 of the Family Litigation Act; |
| 3. | A person who has failed to fulfill his or her obligation for at least 3 payment terms after receiving an order for implementation under Article 64(1)1 of the Family Litigation Act. |
| (2) | The period of disclosure of the list under Article 21-5(1) of the Act shall be 3 years from the date of disclosure. <Amended on Sep. 20, 2024> |
| (3) | "Where the obligor for child support has died or any other cause prescribed by Presidential Decree exists" in the proviso, with the exception of the subparagraphs, of Article 21-5(1) of the Act means any of the following: <Amended on Sep. 20, 2024> |
| 1. | Where the obligor for child support is dead or judicially declared disappeared pursuant to Article 27 of the Civil Act; |
| 2. | Where the obligor for child support enforces at least half the amount of obligations for child support and submits an action plan for the remaining amount, and thus the Committee deems it necessary to exclude the relevant obligor from the disclosure of the list; |
| 3. | Where the obligor for child support receives a court's decision to commence a rehabilitation procedure or where he or she is declared bankrupt pursuant to the Debtor Rehabilitation and Bankruptcy Act; |
| 4. | Cases equivalent to those specified in subparagraphs 1 through 3, where the Committee deems it ineffective to disclose the obligor's personal information, etc. |
| (4) | If a reason prescribed in any subparagraph of paragraph (3) arises or if an obligor for child support has paid his or her obligation for child support in full after the disclosure of the list under Article 21-5(1) of the Act, the Minister of Gender Equality and Family shall delete such list. <Amended on Sep. 20, 2024; Oct. 1, 2025> |
| (5) | If the Minister of Gender Equality and Family discloses a list under Article 21-5(1) of the Act or deletes a list under paragraph (4) of this Decree, he or she may investigate materials necessary for the disclosure or deletion. <Added on Jun. 2, 2025; Oct. 1, 2025> |
| (6) | If the press intends to request the provision of information under Article 21-5(3) of the Act, it shall submit a written request, specifying the purpose of the request, the scope of use of the information, the timing and method of its provision. <Added on Jun. 2, 2025> |
[This Article Added on Jul. 13, 2021]
CHAPTER III-II ADVANCE PAYMENT OF CHILD SUPPORT
| Article 17-5 (Requirements for application for advance payment of child support) |
| (1) | "Period or the number of times prescribed by Presidential Decree" in Article 21-6(1)1 of the Act means the periods or the number of times classified as follows: |
| 1. | Period: The 3 months immediately preceding the month which includes the date on which the obligee for child support applies to the head of the Support Agency for the advance payment of child support (hereinafter referred to as "advance payment of child support) in whole or in part on behalf of the obligor for child support; |
| 2. | Number of times: Three consecutive failures to pay child support by the obligor until the last day of the month immediately preceding the month which includes the date on which the obligee for child support applies for advance payment of child support. |
| (2) | "Legal enforcement procedures prescribed by Presidential Decree" in Article 21-6(1)3 of the Act means any of the following procedures: |
| 1. | Procedures for an order for direct payment of child support under Article 63-2 of the Family Litigation Act, an order to provide security or make a lump-sum payment under Article 63-3 of that Act, or an order for implementation under Article 64 of that Act; |
| 2. | Procedures for compulsory execution under the Civil Execution Act for collecting claims for child support; |
| 3. | Procedures for the disposition to suspend a driver's license under Article 21-3 of the Act, the imposition of departure ban under Article 21-4 of the Act, or the disclosure of a list under Article 21-5 of the Act. |
[This Article Added on Jun. 2, 2025]
| Article 17-6 (Amount of advance payment of child support) |
| (1) | The amount of advance payment of child support under Article 21-7(1) of the Act shall be determined and publicly notified by the Minister of Gender Equality and Family within the budget, taking into consideration the standard amount of child support, the demand for advance payment, and other relevant factors. <Amended on Oct. 1, 2025> |
| (2) | The period during which advance payment of child support is provided under Article 21-7(1) of the Act shall extend until the minor child reaches the age of majority under Article 4 of the Civil Act (including where the minor is deemed to have attained majority under Article 826-2 of the Civil Act). |
| (3) | The advance payment of child support under Article 21-7(1) of the Act shall be made by deposit into a financial institution account (referring to a deposit account determined by the Minister of Gender Equality and Family, including accounts opened at a postal office under the Postal Savings and Insurance Act, or at a bank under the Banking Act or the Act on Special Cases Concerning the Establishment and Operation of Internet-Only Banks; hereinafter the same shall apply) in the name of the person determined to be eligible for such payment (hereinafter referred to as the "eligible recipient"); provided, where the eligible recipient falls under any of the following subparagraphs, the payment may be deposited into a financial institution account in the name of the child of the eligible recipient: <Amended on Oct. 1, 2025> |
| 1. | Where an adjudication of commencement of adult guardianship, limited guardianship, or specific guardianship has become final and conclusive; |
| 2. | Where the monetary claims of the eligible recipient have been seized due to default; |
| 3. | Other cases where the head of the Support Agency deems it inappropriate to deposit the payment into a financial institution account in the name of the eligible recipient, such as where the recipient has a mental or physical disability. |
[This Article Added on Jun. 2, 2025]
| Article 17-7 (Suspension of advance payment of child support) |
| (1) | The head of the Support Agency may suspend the advance payment of child support under Article 21-8(2)2 of the Act, if the amount of child support obligation fulfilled by the obligor for child support in the relevant month after the date of the decision to provide advance payment under Article 21-7(1) of the Act is equal to or greater than the amount of advance payment under Article 17-6(1). |
| (2) | If there is any change in the amount of child support claims of an eligible recipient under Article 21-8(3) of the Act, the head of the Support Agency may change the amount of advance payment of child support either ex officio or at the request of the eligible recipient, after conducting a confirmation investigation under Article 21-11(2) of the Act. |
[This Article Added on Jun. 2, 2025]
| Article 17-8 (Procedures for refund of advance payment of child support) |
| (1) | If the head of the Support Agency orders a refund of advance payment of child support under Article 21-9(1) or the main clause of Article 21-9(3) of the Act, he or she shall notify the eligible recipient of such order in writing clearly stating the following matters; in such cases, the payment deadline under subparagraph 3 shall be at least 30 days from the date of the written notice of payment: |
| 1. | Reasons for the refund; |
| 2. | Amount to be refunded; |
| 4. | Agency to which the refund shall be paid; |
| 5. | Whether payment by installment is available, and how to apply for installment payment. |
| (2) | If the eligible recipient fails to disburse the refund amount within the payment deadline under paragraph (1)3, the head of the Support Agency shall, without delay, issue a written demand for payment, specifying a grace period of at least 30 days. |
[This Article Added on Jun. 2, 2025]
| Article 17-9 (Procedures for recovery of advance payment of child support) |
| (1) | If the head of the Support Agency intends to recover an advance payment of child support under Article 21-10(1) of the Act, he or she shall notify the obligor for child support of such order in writing clearly stating the following matters; in such cases, the payment deadline under subparagraph 3 shall be at least 30 days from the date of the written notice of payment: |
| 2. | Amount to be recovered; |
| 4. | Agency to which the refund shall be paid; |
| 5. | Whether payment by installment is available, and how to apply for installment payment. |
| (2) | Notice of payment under paragraph (1) shall be given at least once a year after the date of the decision to provide advance payment of child support under Article 21-7(1) of the Act. |
| (3) | If the obligor for child support fails to disburse the amount to be recovered within the payment deadline under paragraph (1)3, the head of the Support Agency shall, without delay, issue a written demand for payment, specifying a grace period of at least 30 days. |
| (4) | If the head of the Support Agency recovers an advance payment of child support from the obligor under Article 21-10 of the Act, he or she shall pay to the National Treasury the sum of the recovered amount and any interest accrued after the recovery in the following fiscal year. |
[This Article Added on Jun. 2, 2025]
| Article 17-10 (Scope of investigation of applicants for advance payment) |
| (1) | If the head of the Support Agency investigates a person who has applied for advance payment of child support under Article 21-11(1) of the Act (hereinafter referred to as the "applicant for advance payment"), the scope of such investigation shall be as follows: |
| 1. | Matters relating to the failure to fulfill a child support obligation under Article 21-6(1)1 of the Act; |
| 2. | Matters relating to the deemed income of the household to which the obligee for child support belongs under Article 21-6(1)2 of the Act; |
| 3. | Whether the applicant has applied for legal aid or support for the collection of child support claims necessary for securing payment, or the status or completion of legal enforcement procedures under Article 21-6(1)3 of the Act; |
| 4. | Other matters equivalent to those prescribed in subparagraphs 1 through 3, which the head of the Support Agency deems necessary to verify the grounds for advance payment of child support for the applicant for child support. |
| (2) | The investigation under paragraph (1) shall be conducted upon receipt of an application for advance payment of child support under Article 21-6(1) of the Act. |
| (3) | The investigation under paragraph (1) shall cover the following: |
| 1. | Matters relating to the child support obligation, such as the identity of the obligor for child support, the amount of the child support obligation, and the duration or frequency of non-fulfillment; |
| 2. | The composition of the household to which the applicant for advance payment belongs; |
| 3. | The income and property of the household to which the applicant for advance payment belongs; |
| 4. | Whether the applicant has applied for legal aid or support for the collection of child support claims necessary for securing payment, or the status of legal enforcement procedures under Article 21-6(1)3 of the Act. |
| (4) | If the head of the Support Agency conducts an investigation of an eligible recipient under Article 21-11(2) of the Act, the timing of such investigation shall be as follows: |
| 1. | When the eligible recipient notifies the Support Agency of any change in matters related to the requirements for advance payment of child support under Article 21-7(4) of the Act; |
| 2. | When the head of the Support Agency is required to verify the appropriateness of the advance payment due to the filing of an objection under Article 21-13 of the Act or a report of fraudulent receipts, etc.; |
| 3. | When the head of the Support Agency needs to determine whether there has been any other change in matters related to the requirements for the advance payment. |
| (5) | If the head of the Support Agency investigates an eligible recipient under Article 21-11(2) of the Act, paragraphs (1) and (3) shall apply mutatis mutandis to the scope and details of such investigation. |
| (6) | "Computer networks or data prescribed by Presidential Decree, including electronic information of resident registration, electronic information of family relation registration, finance, national tax, local tax, land, buildings, health insurance, national pensions, employment insurance, industrial accident compensation insurance, immigration, military service, veterans' benefits, correction, etc.," in Article 21-11(4) of the Act means the computer networks or data specified in Appendix 2. |
[This Article Added on Jun. 2, 2025]
| Article 17-11 (Request for and provision of financial information of applicant for advance payment) |
| (1) | If the head of the Support Agency makes a request for the financial information, etc. of an eligible recipient under Article 21-12(2) of the Act, such request shall be limited to the minimum extent necessary to confirm any modification or termination of eligibility for advance payment of child support. |
| (2) | If the head of the Support Agency requests the financial information, etc. of an applicant for advance payment, his or her family members, or an eligible recipient from the head of a financial institution, etc. under Article 17(3) through (7) of the Act as applied mutatis mutandis under Article 21-12(1),(2), and (3) of the Act, or if the head of the financial institution, etc. provides such financial information, etc. Articles 11,12(1), and 13 shall apply mutatis mutandis to the scope of such financial information and the matters that shall be clarified when requesting or providing such information. In such cases, the "Minister of Gender Equality and Family" shall be construed as the "head of the Support Agency" and the "obligor for child support" shall be construed as the "applicant for advance payment, his or her household members, and the eligible recipient" respectively. <Amended on Oct. 1, 2025> |
[This Article Added on Jun. 2, 2025]
| Article 17-12 (Information collected, retained, and used by computerized management system) |
"Information necessary for the advance payment of child support prescribed by Presidential Decree" in Article 21-15(3)8 of the Act means the following:
| 1. | Financial information, etc. under Article 11; |
| 2. | Materials regarding eligible purchasers under the Act on the Improvement of Urban Areas and Residential Environments; |
| 3. | Materials regarding global income, business income, wage and salary income, or wage and salary income of a daily employed worker under the Income Tax Act; |
| 4. | Materials regarding pre-completion apartment ownership under the Housing Act. |
[This Article Added on Jun. 2, 2025]
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 18 (Entrustment of affairs) |
| (1) | The Minister of Gender Equality and Family shall entrust the Support Agency with the affairs relating to the following matters under Article 24(1) of the Act: <Amended on Jun. 25, 2019; Jun. 2, 2025; Oct. 1, 2025> |
| 1. | Matters relating to the request for materials such as the address, etc. of a non-custodial parent or an obligor for child support under Article 13 of the Act; |
| 2. | Matters relating to investigation into the property, etc. of an obligor for child support under Article 16 of the Act; |
| 3. | Matters relating to obtaining written consent from an obligor for child support and the provision of the obligor's financial information, etc. under Article 17 of the Act; |
| 4. | Matters relating to the destruction of materials regarding the income, property, etc. of an obligor for child support under Article 17-2 of the Act; |
| 5. | Matters relating to the attachment of estimated amount of tax refunds under Article 20 of the Act; |
| 6. | Matters relating to the provision of materials regarding defaults in payment under Article 21 of the Act; |
| 7. | Matters relating to the provision of an opportunity for vindication when disclosing a list under Article 21-5(2) of the Act; |
| 8. | The following matters relating to the computerized management system under Article 21-15 of the Act: |
| a. | Matters relating to the establishment and operation of the computerized management system under Article 21-15(1) of the Act; |
| b. | Matters relating to the request to the heads of relevant central administrative agencies, etc. for the provision of materials and information and for access to relevant computer networks under Article 21-15(2) of the Act; |
| c. | Matters relating to the collection, retention, and use of the information under Article 21-15(3) of the Act; |
| 9. | Matters relating to the investigation of materials for requesting the suspension of a driver's license or withdrawing such request under Article 17-2(2); |
| 10. | Matters relating to the investigation of materials necessary for requesting the imposition or lifting of a departure ban under Article 17-3(4); |
| 11. | Matters relating to the investigation of materials necessary for disclosing or deleting a list under Article 17-4(5). |
| (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 relating to the representation of a litigation for filing a claim for parental recognition of a child and a claim for child support under Article 11(1) of the Act, and legal aid necessary for the enforcement of the payment of child support under paragraph (2) of that Article; |
| 2. | Deleted; <Jul. 13, 2021> |
| 3. | Matters relating to measures for enforcing payment of child support 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 support under Article 19 of the Act to claims collection agencies under subparagraph 10-2 of Article 2 of the Credit Information Use and Protection Act. <Amended on Aug. 4, 2020> |
| (4) | Pursuant to Article 24(2) of the Act, the head of the Support Agency shall entrust the following affairs to the Korea Social Security Information Service under Article 29(1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries: <Amended on Dec. 31, 2021> |
| 1. | Matters relating to the verification of the deemed income of the household to which the obligee for child support belongs under Article 21-6(1)2 of the Act; |
| 2. | Matters relating to requesting the submission of materials under Article 21-11(4) of the Act and receiving the relevant materials in response to such requests; |
| 3. | Matters relating to requesting the provision financial information, etc. under Article 21-12 of the Act and receiving relevant financial information, etc. in response to such requests. |
| (5) | If the head of the Support Agency intends to entrust affairs under each subparagraph of paragraph (2) and paragraph (3), he or she shall obtain prior approval from the Minister of Gender Equality and Family regarding the entrusted institution and the affairs to be entrusted. <Amended on Jun. 2, 2025; Oct. 1, 2025> |
| (6) | If the head of the Support Agency has entrusted affairs under each subparagraph of paragraph (2) and paragraph (3), he or she shall publicly announce the name, address, contact information, and the details of the entrusted affairs of the entrusted institution. <Amended on Jun. 2, 2025> |
| Article 19 (Processing 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 unavoidable for the performance of the following affairs, process 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: <Amended on Jun. 25, 2019; Jul. 13, 2021; Jun. 2, 2025; Oct. 1, 2025>
| 1. | Affairs relating to consultation regarding child support or support for reaching an agreement thereon under Article 10 of the Act; |
| 1-2. | Affairs relating to support for visitation under Article 10-2 of the Act; |
| 2. | Affairs relating to legal aid, etc. for claiming child support and enforcing the payment thereof under Article 11 of the Act; |
| 3. | Affairs relating to a request for materials regarding address, etc. of a non-custodial parent or an obligor for child support under Article 13 of the Act; |
| 4. | Deleted; <Jun. 2, 2025> |
| 5. | Affairs relating to claims for and investigation into payment of child support under Article 15 of the Act; |
| 6. | Affairs relating to investigation into the property, etc. of an obligor for child support under Article 16 of the Act; |
| 7. | Affairs relating to the provision of financial information, etc. of an obligor for child support under Article 17 of the Act; |
| 8. | Affairs relating to measures for enforcing payment of child support under Article 18 of the Act; |
| 9. | Affairs relating to claim collection from the property of an obligor for child support under Article 19 of the Act; |
| 10. | Affairs relating to seizure and deduction of the estimated amount of tax refund under Article 20 of the Act; |
| 11. | Affairs relating to the provision of materials concerning defaults in payment under Article 21 of the Act; |
| 12. | Affairs relating to requests, and withdrawal of the requests, for suspension of a driver's license under Article 21-3 of the Act; |
| 13. | Affairs relating to requests to impose an overseas travel ban and to lift such ban under Article 21-4 of the Act. |
| 14. | Affairs relating to the disclosure of a list and the provision of an opportunity for vindication to those subject to such disclosure under Article 21-5 of the Act; |
| 15. | Affairs relating to applications for advance payment of child support under Article 21-6 of the Act; |
| 16. | Affairs relating to decisions on advance payment of child support under Article 21- 7 of the Act; |
| 17. | Affairs relating to revocation, etc. of decisions on advance payment of child support under Article 21-8 of the Act; |
| 18. | Affairs relating to orders to refund advance payments of child support under Article 21-9 of the Act; |
| 19. | Affairs relating to recovery of advance payments of child support under Article 21-10 of the Act; |
| 20. | Affairs relating to investigations for advance payment of child support under Article 21-11 of the Act; |
| 21. | Affairs relating to the provision of financial information, etc. of an applicant for advance payment, etc. under Article 21-12 of the Act; |
| 22. | Affairs relating to filing of objections to decision, etc. on advance payment of child support under Article 21-13 of the Act; |
| 23. | Affairs relating to the establishment, operation, etc. of a computerized management system under Article 21-15 of the Act. |
| Article 20 Deleted. <Dec. 24, 2018> |
CHAPTER V PENALTY PROVISIONS
| Article 21 (Criteria for imposition of administrative fines) |
The criteria for imposing administrative fines under Article 28 of the Act shall be as specified in Appendix 3. <Amended on Jun. 2, 2025>
ADDENDUM <Presidential Decree No. 26161, Mar. 24, 2015>
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, 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.
ADDENDUM <Presidential Decree No. 29135, Sep. 4, 2018>
This Decree shall enter into force on September 28, 2018.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29915, Jun. 25, 2019>
This Decree shall enter into force on June 25, 2019.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31416, Jan. 26, 2021>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31891, Jul. 13, 2021>
This Decree shall enter into force on July 13, 2021.
ADDENDA <Presidential Decree No. 32874, Aug. 16, 2022>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to persons subject to imposition of departure ban)
The amended provisions of Article 17-3(1)1 and 2 shall begin to apply to obligors for child support who are sentenced to punishment by detention under Article 68(1)1 or 3 of the Family Litigation Act after this Decree enters into force.
ADDENDUM <Presidential Decree No. 34903, Sep. 20, 2024>
This Decree shall enter into force on September 27, 2024.
ADDENDA <Presidential Decree No. 35579, Jun. 2, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2025.
Article 2 (Applicability to methods of requesting information)
The amended provisions of Article 17-4(6) shall begin to apply where the media requests the provision of information referred to in the subparagraphs of Article 21-5(1) of the Act, in accordance with paragraph (3) of that Article after this Decree enters into force.
ADDENDA <Presidential Decree No. 35806, Oct. 1, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees amended under Article 4 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the respective enforcement dates of those Presidential Decrees.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 35948, Dec. 30, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on January 2, 2026; provided, the amendments to the Presidential Decrees amended under Article 4 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 4 Omitted.