양육비부담조서에 관한 절차법적 검토

If there are minor children to the couple to divorce, details about custody and fostering of the children must be decided before their divorce. The details must include who will bear the cost of fostering and how much to pay. However, in case of divorce by agreement by previous provision of Korea, not by the judicial process, the parent to foster a child/children after divorce usually experiences economic difficulties because these details used be indefinite or the legal effect was not sufficient. For that reason Civil Code Article 836-2 para. (5) provides that, the parties to divorce should submit the details of child support agreed between parties when applying for the confirmation of intention to divorce with the Family Court and, the Family Court to establish a Support Order after confirming their will. By this provision, the child support obligee of the Order, as a holder of the title of execution, was supposed to be able to make the compulsory execution to the obligor in the worst case. These legal systems are expected to bring the results to facilitate the implementation of child support. In the actual procedural aspects, to review the true significance of the system is the purpose of this paper. In other words, with respect to the child support, the Order for Implementation and, the Order for Direct Payment, the order to provide a considerable security, the order to pay the child support in whole and many methods have provided already in Korea. It is true that the Support Order could guarantee more reliably the effect of these orders, but it does not mean 100 per cent of success. Especially from the point of procedural law, I think, some more consideration for more efficient enforcement is needed.