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Recovery of Child Support and Family Maintenance in Asia-Pacific and World Wide: National and Regional System and the Hague 2007 Convention and Protocol.

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Presentation on theme: "Recovery of Child Support and Family Maintenance in Asia-Pacific and World Wide: National and Regional System and the Hague 2007 Convention and Protocol."— Presentation transcript:

1 Recovery of Child Support and Family Maintenance in Asia-Pacific and World Wide: National and Regional System and the Hague 2007 Convention and Protocol

2 Korea is going through a major transition regarding family issues

3 E CONOMIC D EVELOPMENT T HE 7 TH L ARGEST T RADING C OUNTRY IN THE W ORLD (2015 WTO R EPORT ) I NDUSTRIALIZATION & I NDIVIDUALISM T RADITIONAL F AMILY BASED ON “B LOOD R ELATIONSHIP ” W IDE R ANGE OF S UPPORT FOR F AMILY M EMBERS R ELATIVELY WEAK SOCIAL SAFETY NET  C ONFUSION BETWEEN TRADITIONAL VALUES AND MODERN INDIVIDUALISM  I NCREASED NUMBER OF F AMILY D ISSOLUTION & THE D ANGER OF C ARE V ACUUM

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5 The overall reform of the consensual divorce process

6 D IVORCE P ROCESS IN K OREA J UDICIAL D IVORCE C ONSENSUAL D IVORCE J UDGMENT OF THE F AMILY C OURT Lawsuit against the other spouse An act of unchastity Malicious desert Extreme maltreatment Death or life has been unknown for 3 years Other serious cause for making it difficult to continue the marriage Application by spouses Interview by Family court Judge: Certification of intent to divorce R EPORT THE DIVORCE TO THE MAYOR WITH CERTIFICATE

7 C ONSENSUAL D IVORCE P ROCESS COULD BE CONCLUDED IN A SINGLE DAY  Parents would often decide to end their marriage without giving enough consideration for their children T HE I NTRODUCTION OF THE W AITING P ERIOD A PPLICATION FOR D IVORCE Waiting Period One Month/Three Month Guidance/Consultation I NTERVIEW BY THE F AMILY COURT J UDGE

8 A DDITIONAL A RRANGEMENT NEEDED TO P ROTECT THE I NTEREST OF THE C HILDREN OF D IVORCED P ARENTS A PPLICATION OF D IVORCE W AITING P ERIOD I NTERVIEW BY THE J UDGE Submit Either; agreement concerning the rearing of their children, or the original copy of court decision of the court on the same issue The Agreement must include Decision on the custodian Child support Visitation right and methods thereof

9 The introduction of a special child support enforcement system

10 O RDINARY P ROCESS 1 F ILE A L AWSUIT 2 A T ITLE OF E XECUTION 3 Execution C HILD S UPPORT (2009 L AW ) P ROTOCOL OF THE C HILD S UPPORT A GREEMENT = A T ITLE OF E XECUTION D IRECT P AYMENT O RDER TO THE E MPLOYER G UARANTEE D EPOSIT O RDER L UMP S UM P AYMENT O RDER

11 Establishment of a special agency for supporting the child support creditors

12 T HE S PECIAL A GENCY FOR SUPPORTING THE C HILD S UPPORT C REDITORS U NDER THE U MBRELLA OF THE M INISTRY OF G ENDER E QUALITY & F AMILY P ROVIDES S ERVICES SUCH AS ;  C OUNSELING /C ONCLUSION OF C ONSULTATION  I NVESTIGATION OF CURRENT LOCATION / INCOME / ASSETS OF THE DEBTOR  C REDIT C OLLECTION  M ONITORING THE PAYMENT OF CHILD SUPPORT EXPENSES …

13 Restoring family ties and establish the modern concept of family

14 A DVANCE C HILD S UPPORT P AYMENT  In certain cases, Government should pay in advance to a child support creditor in need  It will be reimbursed by the debtor after the payment C HILD S UPPORT FOR U NWED M OTHERS  Acknowledge the primary obligation of both parents for a child support born out of wedlock  Expect to decrease the country’s high overseas adoption rates

15 R EGULAR C ONTACT BETWEEN THE MINOR C HILDREN AND THEIR NON - CUSTODIAL P ARENT  Contributes to emotional stability of the child  Maintains emotional bond  Enhance the possibility of voluntary payment for child support

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