가사소송법상 사후적 이행확보제도로서의 양육비 직접지급명령

• 영문명: The Order for the Payment of Child Support Directly as an Ex Post Securement of Enforcement System in the Family Litigation Act
• 발행기관: 한국민사소송법학회
• 저자명: 김원태(Won-tae Kim)
• 간행물 정보: 『민사소송』제28권 제2호, 301~380쪽, 전체 80쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.06.30

국문 초록

This study aims to compare and examine the current system of the order for the payment of child support directly with foreign laws in countries with similar systems to find implications for the nation and review the legislative bill for the general revision of the Family Litigation Act to find its problems and propose their improvement measures. In South Korea, the law can give this order for the payment of child support directly only when the creditor with an execution title with a claim for the money payable by periodical installment for child support applies after the debtor fails to pay them twice or more without any good causes. There is a need to improve the system to secure child support for a minor child effectively in a way to allow for an order for the payment of child support directly by motion of party or the court's own motion to rule or change the payment of child support. The order for the payment of child support directly is a special execution system that recognizes the same effect as simultaneous seizure and assignment orders for an upcoming claim for child support during the period of implementation. It will be desirable to grant effect to the order for the payment of child support directly for the effective securement of child support for a child over the seizure and provisional seizure by other creditors, request for dividends, taxes and dues, and other execution procedures by a claim. In addition, there should be legislation to give the first priority right to compensation to a claim for child support.

목차

Ⅰ. 머리말

Ⅱ. 양육비 직접지급명령 제도

Ⅲ. 비교법적 고찰

Ⅳ. 문제점과 개선 방안

Ⅴ. 맺는말

키워드

가사소송 사후적 이행확보 양육비 직접지급명령 우선변제권 집행절차 family litigation ex post securement of enforcement order for the payment of child support directly priority right to liquidation execution procedure