양육비 제도 도입을 위한 법·제도적 고찰

Abstract

The purpose of this study can be summarized as follows. First, providing child support guideline suited in Korea’s situation. Second, promoting active use of the guideline by participation of family law professionals in this study. It is obvious that establishment of child support scheme is required to ensure welfare and development of children of divorced families in Korea. The study provides basic principles for adoption of child support scheme, dividing by two sub principles: principles for child support calculation and enforcement system. Above all, (a tentative title) “National survey on child support expenditure” might be enacted. Also, this study offers ‘Estimated Household Income’(both parents’ income plus conversion of property into income) method as a basic model for adoption of child support calculation in Korea. The core issue of child support enforcement is “How each party transfers child support to each other?” This study suggests to adopt “Pre charge-Post providing model”. This is because “Pre providing-Post charge model” might cause excessive national expenditure, a trend of irresponsible parenthood, and moral hazard. Under this model, the study proposes to adopt ‘The courts-agency separation model’ in short-term but also suggests adoption of “agency leading model” in long-term. This is because, immediate adoption of “Agency leading model” might cause excessive human and material resource costs for expansion of the agency.