Full Revision of Parental Laws Proposed... Direct Termination of Parental Rights for Minor Children Requested

Ministry of Justice Announces Legislative Notice for Complete Revision of Family Litigation Act
Significant Strengthening of Litigation Capacity for Minor Children
Easing of 'Detention Order' Application Criteria for Nonpayment of Child Support

On the morning of the 3rd, Lee Sang-gap, Director of the Legal Affairs Office at the Ministry of Justice, is giving a briefing related to the legislative notice of the complete revision bill of the Family Litigation Act at the Seoul High Prosecutors' Office in Seocho-gu, Seoul.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The litigation capacity of minors will be expanded to allow minor children to directly file a petition for loss of parental rights against parents who abuse their parental authority. Previously, a 'detention' order could be requested only when child support was unpaid for three periods (usually three months) or more; going forward, such an order can be requested if the obligation is not fulfilled within 30 days.

On the 3rd, the Ministry of Justice announced a full revision of the Family Litigation Act, centered on these changes, and opened it for legislative notice.

The Ministry of Justice explained the background of the legal amendment, stating, "As social awareness has expanded regarding the need to more robustly protect the rights and welfare of minor children, there is an increasing necessity to strengthen the rights and procedures for minors in family litigation processes."

Additionally, the Ministry noted, "The current Family Litigation Act, enacted and implemented in 1991, has been in effect for over 30 years, and some provisions have become unsuitable or inconvenient given today's family culture and social realities, necessitating revision."

Accordingly, the Ministry of Justice, in continuous consultation with the Court Administration Office, prepared this comprehensive amendment bill to the Family Litigation Act.

The Ministry explained, "The amendment primarily shifts the child-rearing litigation procedures from a 'parent-centered' design to a more 'child-centered' approach. It establishes procedural rights for minor children in family litigation and strengthens means to ensure the fulfillment of child support obligations, enabling minor children to receive adequate protection."

Expansion of Minor Children’s Litigation Capacity... Introduction of Procedural Assistant System

The amendment first significantly strengthens the procedural rights of minor children in family litigation.

Article 28 (Litigation Capacity) is newly established, stipulating in paragraph 1 that "a person with decision-making capacity may perform litigation acts in family relationship family litigation cases," allowing minor children to directly engage in litigation acts.

Therefore, whereas previously minor children had to appoint a special representative to file a petition for loss of parental rights against their parents, going forward, if parents abuse their parental authority and harm the welfare of the child, the minor child can directly petition the court for loss of parental rights.

In practice, relatives close to abusive parents were often inappropriate as special representatives, and other relatives were reluctant to serve, causing difficulties.

The amendment also revises the law, which currently limits the hearing of minor children’s statements to those aged 13 or older, to require family courts to mandatorily listen to the statements of minor children regardless of age when deciding on parental authority or custody.

Furthermore, to prevent infringement of children’s rights during trials, a procedural assistant system for minor children is introduced. Procedural assistants are generally lawyers, but considering the minor’s age and psychological state, experts in psychology, education, counseling, child studies, medicine, or similar fields may be appointed as procedural assistants when necessary.

Relaxation of 'Detention Order' Application Criteria for Nonpayment of Child Support from '3 Periods' to '30 Days'

Secondly, the amendment strengthens measures to ensure the fulfillment of child support obligations for minor children.

Current Article 68 (Sanctions for Nonperformance of Special Obligations) paragraph 1 subparagraph 1 of the Family Litigation Act states that "if a person ordered to make regular monetary payments fails to fulfill the obligation for three periods or more without justifiable reason," the family court may, upon the rights holder’s application, order detention of the obligor for up to 30 days until the obligation is fulfilled.

For example, if child support is to be paid regularly rather than as a lump sum, only after failing to pay for three periods can a detention order of up to 30 days be requested from the family court.

However, the amendment allows the court to apply for a detention order if the person ordered to pay child support fails to fulfill the obligation within 30 days without justifiable reason.

The amendment also adds enforcement power to the family court’s provisional disposition (such as ordering payment of child support during litigation) under Article 140 paragraph 5, enabling more effective securing of child support.

Provision for Transfer of Related Civil Cases to Family Court

Finally, the amendment allows civil lawsuits related to family litigation to be handled together in family courts and simplifies the classification system of family litigation, thereby organizing the system and procedures of family litigation.

Specifically, Article 6 (Transfer of Related Civil Cases, etc.) is newly established to allow, when there is a risk of contradictory or conflicting judgments or a need for simultaneous resolution, related civil cases such as claims for statutory reserved portions, property division claims, or cases involving the termination of nominal trusts on property subject to inheritance division, which are pending in district courts at first instance, to be transferred in whole or in part to the family court handling the related family litigation case, either ex officio or upon party application.

The Ministry of Justice stated, "Once the amendment is implemented, the voices of minor children will be more actively reflected in family litigation procedures, and the rights of minor children in our society will be more robustly protected, helping them grow up physically and mentally safer and healthier."

The Ministry added, "We will collect diverse public opinions during the legislative notice period to finalize the amendment and will actively work to ensure the bill passes through the National Assembly."

This content was produced with the assistance of AI translation services.