양육비 이행강화를 위한 제도적 지원 - 한국과 독일법의 비교를 중심으로 -

Abstract

Child support is the essential part for realizing minor’s necessities of life, nurture and education etc. For this reason, countries in the world give effort to strengthen implementation of child support. Ultimately, the effort aims at minimizing its vacuum. For instance, German government pays child support until 18 year’s old, if its debtor only has enough income to make a living or its creditor does not know his address and income. Furthermore, minors can claim support expenses by the simplified proceedings without law suit, if despite of their requestion of notice about debitor`s income and property it is not performed. Lastly, criminal sanctions could be applied, if child support is not paid in spite of carrying out the simplified proceedings and consequently minors’s physical or mental development is endangered. In this way Germany utilizes three different legal systems like civil procedure, social security, and criminal sanction in order to minimize the gap of child’s sustention. Compared with Germany, child maintenance by the social security system in Korea is paid only within the restricted amount and duration. Therefore, the importance of legalization and institutionalization by private support system to secure child maintenance should be much more stressed. To realize it, firstly a scope of requested person who is asked to pay child support should be extended. Concretely it has to be clarified that minors can also claim support from their grand parents, if their parents do not have sufficient income and property. Secondly, civil procedure to sue for child support should be revised to guarantee easiness and rapidity. Above all, obligator`s address ought to be easily accessed for rapid progression of litigation. In addition, parties’ agreement paying educational expense after reaching majority should be included as a part of the protocol about covering child support and executive power is granted to it. And order to specify property should be granted at the same time with beginning of procedure for requesting child support. Lastly, strong sanctions forcing the obligator of child support should be introduced. For the sake of it, executive power has to be afforded to advance decision. Child maintenance has to be dealt as an exception of minimum amount prohibiting seizure and it should be able to be executed, when parties agree to pay child support with minimum amount prohibiting seizure. Furthermore, by revising the provision of Child Welfare Act and Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes non-custodial parents who do not pay child support have to be able to be punished because of neglect.