양육비 이행확보를 위한 가사소송법의 제도

• 영문명: Ensuring of Child Support Performance in Family Litigation Act
• 발행기관: 한국민사소송법학회
• 저자명: 오진숙(Jin Sook Oh)
• 간행물 정보: 『민사소송』제28권 제2호, 263~300쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.06.30

국문 초록

In order to ensuring of child support performance, it is necessary to amend the Civil Execution Act. This is because the child support claim is a claim that has the public interest value of the child's right to live, but it is basically a civil claim. The legal procedure for ensuring of child support performance in the Family Court should be one-stop along with the hearing procedure using prior disposition. In order to secure the effectiveness of the ensuring of child support performance and the order for direct payment of child support in the Family Litigation, it is necessary to ensure that the child support is implemented during the trial by prior disposition. To ensure of child support performance for non-custodial parents who are capable of paying child support, civil execution procedures and family court enforcement procedures should be used. In addition, the legal aid should be supplemented so that these legal procedures can be used. The role of the Child Support Agency through the Act On Enforcing And Supporting Child Support Payment should focus on securing child support for vulnerable groups such as non-custodial parents who are not capable of paying child support, low-income child support creditors, and migrant single-parent families. Since the child support performance system has aspects of the civil debt of the child support debtor and the public assistance system to protect children, the Child Support Agency should aim to improve the welfare of children.

목차

Ⅰ. 머리말

Ⅱ. 가사소송법의 양육비 이행확보제도 현황

Ⅲ. 일본의 양육비 이행확보 제도

Ⅳ. 개선방안

Ⅴ. 맺는말

키워드

양육비 가사절차 절차 보장 가사소송법 민사집행법 법률구조 절차적 정의 양육비이행관리원 Child Support Domestic Relations Procedure due process Family Litigation Act Civil Execution Act Legal Aid Procedural Justice Child Support Agency