The Reform of the Consensual Divorce Process and the Child Support Enforcement System in Korea

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Yune, Jinsu

Issue Date
BK 21 law
Journal of Korean Law, Vol.11 No.2, pp. 247-261
Waiting Period for Consensual DivorceAgreement Concerning the Rearing of ChildrenProtocol of the Child Support Agreement as a Title of Executionirect Payment Order System Advance Child Support Payment System
In 2007 and 2009, the National Assembly, the Korean legislature, enacted laws to address some of the problems caused by the high divorce rate. The resulting changes in the divorce process in Korea are twofold: one is the overall reform of the consensual divorce process, and the other is the introduction of a special child support enforcement system. One of the two main features of consensual divorce process reformation is the adoption of the waiting period system. One aim of the waiting system is to protect minor children from their parent hasty divorce. The second feature of the reformation is that spouses who apply for divorce, if they have minor children, should submit to the family court either an agreement concerning the rearing of their children or the original copy of the decision of the court on the same issue as a substitute for an agreement. Also, under the new special child support enforcement system, the protocol of the child support agreement is recognized as a title of execution and the direct payment order system is introduced to secure the child support payment. In addition, during the past 18th

legislative period, several bills were proposed to adopt the advance child support payment system though they failed to pass the National Assembly.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean Law (JKL)Journal of Korean Law Volume 11 Number 1/2 (2011)
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