이혼시 자녀양육비 확보방안에 관한 연구

Abstract

Divorce nullifies all relations resulting from marriage, and with divorce it seems that all problems between the divorced man and woman are resolved. However, divorce means the rise of new problems. They include alimony for the spouse who does not have abilities to support himself/herself and child support. In particular, ensuring maintenance from the parent who does not rear the children after divorce is an important matter related to the best welfare of the children in every country. Until now the protection of minor children on the separation of their parents has been emerging as a serious problem in Korea with the increase of the rate of divorce. Although child support at broken families is rising as a social problem, there have been few related surveys or discussions on the improvement of the problem. Child support after divorce has been left as a personal matter and the government has not been much interested in making policies in response to the problem. Thus the present study examined the methods of ensuring child support on the separation of the parents. First, chapter II investigated the current state of child support resulting from divorce. Chapter III briefly reviewed foreign divorce systems and child support ensuring systems. Such a comparative study is expected to give a lot of implications for improving relevant systems in Korea. Chapter IV examined problems in current laws related to the ensuring of child support in Korea and solutions for the problems. Lastly, Chapter V summarized previous researches and emphasized that the separation of a couple must not infringe their children's right to be supported. The child support ensuring system must be settled as a security system for children's rights based on the basic principle of children's maximum welfare.