Support disciplinary measures

[Guide on Administrative Disciplinary Measures on the Defaulter of Child Support Expenses]

• It refers to the suspension of driver’s license, prohibition of departures, revealing the name and criminal punishment of the debtor who did not pay child support expenses although he/she has received the order of detention as per 「Family Litigation Act」 Article 68 (1) 1 or 3 and the Act on Enforcing And Supporting Child Support Payment」

• Required document and where to submit

  Classification	Suspension on driver’s license	prohibition of departure		Reveal the name	Criminal punishment
  How to apply	[Child Support Agency] Apply for the support of securing the payment of child support expenses			[Ministry of Gender Equality and Family, Division of Family Support] Apply for revealing the name Shortcut	[Investigative agency] Submit a complaint
  Requirement for application	After Jun. 10, 2021	After Jul. 13, 2021	After Aug. 16, 2022	After Jul. 13, 2021
  	Creditor of child support expense who received the order of detention from the court
  Target for disposition	Debtor who did not pay child support expenses ※Exception: If it is recognized that maintaining life will be difficult if the driver’s license is suspended as the license is essential for living	Among the debtors who did not pay the child support expense, the case fits into one of the following ➀ Person whose debt for child support expenses is more than KRW 50 million ➁ a person who left Korea 3 times or more or someone who stayed overseas for more than 6 months in the last 1 year from the date of requesting prohibition of departure, while the debt of child support expense is more than KRW 30 million	Among the debtors who did not pay the child support expense, the case fits into one of the following ➀ A Person whose debt in child support expenses is more than KRW 30 million ➁ A person who did not fulfill the debt of child support expenses for 3 periods or longer.	Debtor who did not pay child support expenses ※Exception: If there is a reason specified by a Presidential decree (refer to [Act on Enforcing and Supporting Child Support Payment] Enforcement Decree’s Article 17-4 (2), such as the death of the debtor	A person who did not pay the child support expenses for a year from the date of receiving the decision of detention without a fair reason
  Disposition	(Local Police Agency) Suspension of driver’s license for 100 days [Road Traffic Act] Article 93 (1) 18 Enforcement Rule Article 91 (1) Attached Form 28	(The Ministry of Justice) Prohibition of departure: less than 6 months [Immigration Control Act] Article 4 (1) 5		(Ministry of Gender Equality and Family) Reveal the name for 3 years Shortcut [Act on Enforcing and Supporting Child Support Payment] Article 17-4 (1) of the Enforcement Decree	(Court) Imprisonment for up to 1 year or a fine of up to KRW 10 million [Act on Enforcing and Supporting Child Support Payment] Article 27 (2) 2
  Lift the order	If the full amount of child support expense is paid	Fit into one of the following ➀ The Entire debt of child support expenses is fulfilled as all child support expenses are paid or compulsory execution on the property of the debtor ➁ It corresponds to Article 17-3 (3) of the Enforcement Decree		It fits into one of the following: ➀ Execute the entire child support expenses. It corresponds to Article 17-4 Paragraph 2 of the Enforcement Decree.	The applicant submits a letter for asking for no punishment (Crime for no punishment if the complaint requests)

• Support content
• With the support of administrative and disciplinary measures (suspension of driver’s licenses, prohibition of departure) on the debtor of child support expenses who does not pay the child support expenses even after hearing of the decision of the court’s order of detention, we are supporting minor children to help them grow in a safe and nurturing environment.
• Application procedures

• Application procedures

  Suspension on driver’s license	prohibition of departure	Reveal the name	Criminal punishment
  ➀ Apply for the support for securing executions	➀ Apply for the support for securing executions	➀ (Ministry of Gender Equality and Family) Apply for revealing the name	➀ Submit the complaint for criminal punishment
  ➁ (Ministry of Gender Equality and Family) Prior notice for the target for the suspension of driver license: Notify the debtor of child support expense and provide chance to express an opinion	➁ Send the list of applicants to the Ministry of Gender Equality and Family	➁(Ministry of Gender Equality and Family) Notify the person for revealing the name: Notify the debtor of child support expense and provide chance to express an opinion	➁ (Police) Investigate complainant, accused
  ➂ Send the list of applicants to the Ministry of Gender Equality and Family	➂ (Ministry of Gender Equality and Family) Check the history of entering and leaving the country (Child Support Agency) Prior notice for requesting prohibition of departure: Notify the debtor of child support expense and provide chance to express an opinion	➂ (Ministry of Gender Equality and Family) review and reveal the name	➂ (Police) End internal investigation or send to the prosecutor's office
  ➃ (Ministry of Gender Equality and Family) Request review and taking action	➃ (Ministry of Gender Equality and Family) Request review and taking action	➂ (Ministry of Gender Equality and Family) Delete the list	➃ (Prosecution) prosecutor's review on whether to file the case
  ➄ (Ministry of Gender Equality and Family) Request clearance	➄ (Ministry of Gender Equality and Family) Request clearance		➄ (Court) Criminal trial and imposing punishment

• ※ Make a final decision on the target of disciplinary measures through review as per 「Act on Enforcing And Supporting Child Support Payment」
• ※ This is a guide about the general procedure for criminal punishment, so it may differ from actual process.
• Required document and where to submit

• Required document and where to submit

  Classification	Suspension of driver’s license, prohibition of departure	Reveal the name	Criminal punishment
  How to apply	Prepare required documents, and submit to Child Support Agency (Registered mail)	Prepare required documents, and submit to Ministry of Gender Equality and Family (Registered mail) ※On-line submission is possible Shortcut	Prepare required documents, and submit to police station (visit, mail)
  Required documents	·Application for securing the payment of child support expenses Download ·Agreement on collecting personal information	·Application for revealing the nameDownload	ComplaintShortcut (Seoul Police Department Website - Police complaint portal - Complaint template - Investigation)
  	· Decision letter of detention (copy is acceptable) · Schuldtitel of child support expenses (Court judgment, adjudication, child support, burden statement, etc./ photocopy is acceptable)		·Decision letter of detention (copies are acceptable) ·Schuldtitel for child support expenses (copy is acceptable) ·Details of executing child support expense
  Where to submit	Namsan Square Building 21st and 24th Floor, 173 Toegye-ro (Chungmuro 3-ga), Jung-gu, Seoul, Republic of Korea (Postal code 04554) (Child Support Agency)	Family Support Division, Ministry of Gender Equality and Family, Central Government Complex, 209, Sejong-daero (Sejong-ro), Jongno-gu, Seoul, Republic of Korea (Postal code 0371)	Public Service Center in nearby police stations
  Note	※Creditor for child support expenses who have been notified using an order of detention through Child Support Agency does not need to apply. ※ Where to inquire: 1644-6621	※ Where to inquire: 02-2100- 6346, 6354	※ There can be a request to attend or submit additional documents when investigating the complaint in the future.

Where to Inquire about the Projects

• Child Support Agency of the Korea Institute for Healthy Family
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  Phone: 1644-6621 (ARS #1 Counseling on child support expenses)Shortcut

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  Child Support Agency Website: www.childsupport.or.kr Shortcut