양육비이행관리원 체계의 문제점과 개선방안

Abstract

Discussions on strengthening the performance of child support began in 2004. This is because the number of single parents who raised minors increased according to the rapid increase of divorce rate at that time. Initially, the Civil Act was amended to make an agreement on child support expenses as an essential procedure in a divorce by agreement, so that an agreement on the burden of child support was reached between divorced couples. However, given that it was not enough to prepare for compulsion of performance, the court can draw up a report on the burden of child support so that it could be enforced immediately. However, considering that it is difficult for single parents to carry out compulsory execution proceedings on their own, an institution was established that could force the implementation of child support. This is a legislative result about the institution of child support performance that was finally made after a decade of discussion in the Ministry of Gender Equality and Family since 2005. However, by placing the Child Support Agency under the Korean Institute for Healthy Family, it has not been able to secure its status as an independent institution. Therefore, as it became difficult for the Child Support Agency to conduct its own duties and proceed with the lawsuit, it caused a problem of delaying the compulsory performance of chil support. In foreign countries, all child support performance institutions are state agencies or administrative agencies, independent institutions, and have the authority to identify the address or property of the child support debtor. However, our Child Support Agency only secures its status as a public institution. In addition, since the work of the Korean Institute for Healthy Family and Child Support Agency are different, it is difficult to organically combine them to perform the work of compulsory child support. Furthermore, in order to accomplish a result regarding instead payment of child support, which is under discussion recently, the Child Support Agency must have appropriate authority to handle the work. The independence and authority of the Child Support Agency should be strengthened as soon as possible.