Sharp Increase in Child Support Non-Compliance Sanctions Applications... The Hidden Challenge is the 'Gamchi Order'

Significant Increase in License Suspension and Departure Ban Requests
Detention Order Required Before Sanctions
Sanctions Evaded Through Falsified Residency, Undermining Measures
Need for System Improvement Including Removal of Detention Order Procedure

Since the enforcement of stricter sanctions for non-payment of child support, the number of sanction requests has significantly increased. The problem is that the effectiveness of these sanctions is diminishing as more debtors evade detention orders.

According to the Child Support Enforcement Agency on the 13th, since the suspension of driver's licenses was implemented in June last year, the number of cases received was 32 last year and 116 up to June this year. Among these, the rate of actual sanctions was 54.1%. Requests related to travel bans, implemented in July last year, increased from 38 cases to 62 cases by June this year, but the actual sanction rate was 49.0%. The number of requests for public disclosure sanctions, also implemented in the same month, rose from 11 to 18 cases, but the rate of disclosure decisions was about 44.8%.

The prerequisite for punishing those who do not pay child support is a detention order. According to the Family Litigation Act, if a debtor fails to pay child support without justifiable reasons despite a child support enforcement order, the creditor can apply for a detention order against the debtor. After a detention order is issued, sanctions can be applied, but the problem is that the execution rate of detention is excessively low, and if the detention order is evaded, the sanctions for non-payment of child support are also rendered ineffective.

According to data submitted by the National Police Agency to Kim Hoe-jae, a member of the Democratic Party of Korea, from 2019 to 2021, the police received 655 detention orders from the courts, but only 72 (10.9%) were actually executed. The non-execution rate increased from 89.6% in 2019 to 91.5% in 2021. Reasons for non-execution include absence and expiration of the execution period. Cases of refusing mail delivery through false address registration are also frequent. Management to ensure proper execution of detention orders is insufficient. If the court fails to detain within six months after issuing the detention order, the order loses its effect.

The Child Support Resolution Coalition pointed out, "To punish non-payers of child support, a detention judgment must be obtained against them, but if they have registered false addresses, the lawsuit cannot proceed, making it difficult to obtain a detention judgment."

To prevent the detention judgment, the final step in child support enforcement, from becoming an obstacle, the introduction of special public notice delivery laws is being proposed as an alternative. Furthermore, there are calls to improve the system by removing the detention order procedure as a requirement for sanctioning non-payers and allowing administrative and judicial actions based solely on non-payment.

The Legislative Research Office explained, "Debtors who fail to comply with child support enforcement orders for more than three months must obtain a court detention order to be sanctioned, but if they do not receive mail, most detention order lawsuits are dismissed," adding, "We can consider removing the detention order decision as a requirement for sanctioning child support debtors. Removing the detention requirement is the most efficient way to enhance the effectiveness of sanctions against non-payers."

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