학술논문
양육비 확보에 관한 법안 검토
이용수 105
- 영문명
- A review of bill for enforcing child support
- 발행기관
- 한국가족법학회
- 저자명
- 박복순(Park Bok Soon)
- 간행물 정보
- 『가족법연구』家族法硏究 第20卷 3號, 73~102쪽, 전체 30쪽
- 주제분류
- 법학 > 법학
- 파일형태
- 발행일자
- 2006.11.01
6,400원
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국문 초록
영문 초록
We have divided a number of bills for child support enforcement into three parts: improvement of consultation divorce, reinforcing existing law for child support enforcement and child support enforcement by prepayment of child support.
In consultation divorce procedure, which takes up 80% of total divorce in Korea, if the obligation to submit written agreement about child support given as executive power is introduced, all problems related to child support which are occurring now would be reduced to a great extent.
However, it doesn’t mean that all the problems are solved when such decision about child support is settled. Consequently, there still is a necessity to reinforce the present bill about child support enforcement, and child support payment order, provision of security, and increasement of negligence fine might be the efficient measures. Also, a systematic device should be accomplished which could estimate the asset of child support obligor.
Even if the child support enforcement is contrived through improving consultation divorce or reinforcing current law punishment, there might be a limitation still remained for an access at the personal level. Minors have the right to be fostered and to grow up under the best protection of the parents and the nation until they can take a social role as an individual.
There are many households where the children are suffering due to the parents who evade their responsibilities of paying child support, not undertaking their basic obligations as parents.
It is the time for the nation to interfere actively at the legislation and policy level with those suffering families.
The child problem in the divorced family is not only a problem of individual but it is first task that the nation needs to prepare legal or systematic protection device in the aspect of family welfare. As a result, it is necessary to apply advance payment of child support.
Yet, for the matters to be attended when paying in advance, a system should be devised so that there is no gap in supply only when it is conditioned that the advance payment is for the right of the children, not the parents.
Consequently, not only child support aid to divorced families but also in cases the parents are living separately, the children are the head of families, and the children’s parents are dead, the advanced payment should be carried out.
Furthermore, for a more precise and efficient law, there should be standard of child support spent for each age groups and when the child support in accordance with the standard is not sufficiently procured, then there should be a payment supply from the nation for child support.
Aid to child support is a system that needs to be improved since it is related to the children’s right to live and it should never be delayed further.
In consultation divorce procedure, which takes up 80% of total divorce in Korea, if the obligation to submit written agreement about child support given as executive power is introduced, all problems related to child support which are occurring now would be reduced to a great extent.
However, it doesn’t mean that all the problems are solved when such decision about child support is settled. Consequently, there still is a necessity to reinforce the present bill about child support enforcement, and child support payment order, provision of security, and increasement of negligence fine might be the efficient measures. Also, a systematic device should be accomplished which could estimate the asset of child support obligor.
Even if the child support enforcement is contrived through improving consultation divorce or reinforcing current law punishment, there might be a limitation still remained for an access at the personal level. Minors have the right to be fostered and to grow up under the best protection of the parents and the nation until they can take a social role as an individual.
There are many households where the children are suffering due to the parents who evade their responsibilities of paying child support, not undertaking their basic obligations as parents.
It is the time for the nation to interfere actively at the legislation and policy level with those suffering families.
The child problem in the divorced family is not only a problem of individual but it is first task that the nation needs to prepare legal or systematic protection device in the aspect of family welfare. As a result, it is necessary to apply advance payment of child support.
Yet, for the matters to be attended when paying in advance, a system should be devised so that there is no gap in supply only when it is conditioned that the advance payment is for the right of the children, not the parents.
Consequently, not only child support aid to divorced families but also in cases the parents are living separately, the children are the head of families, and the children’s parents are dead, the advanced payment should be carried out.
Furthermore, for a more precise and efficient law, there should be standard of child support spent for each age groups and when the child support in accordance with the standard is not sufficiently procured, then there should be a payment supply from the nation for child support.
Aid to child support is a system that needs to be improved since it is related to the children’s right to live and it should never be delayed further.
목차
Ⅰ. 들어가며
Ⅱ. 협의이혼절차의 개선을 통한 양육비의 확보
Ⅲ. 양육비 확보를 위한 현행법의 강화
Ⅳ. 양육비 대지급(양육비 선급)
Ⅴ. 마치며
《참고문헌》
Ⅱ. 협의이혼절차의 개선을 통한 양육비의 확보
Ⅲ. 양육비 확보를 위한 현행법의 강화
Ⅳ. 양육비 대지급(양육비 선급)
Ⅴ. 마치며
《참고문헌》
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