행정의 실효성 확보를 위한 운전면허정지, 출국금지, 국가 대지급제도

Since 2020, the Act on the Enforcement and Support of Child Support Payments has introduced new measures, such as driver's license suspension, travel bans, and the national advance payment system, to ensure the effectiveness of administrative measures. In other words, these measures are being used to enforce child support payments. While these measures have their own distinct administrative purposes, they are being used to promote the constitutional value of "the welfare of children" and the administrative objectives aimed at realizing this value. The suspension of driver's licenses was originally introduced in the United States as a means of enforcing child support payments and was included in the Child Support Enforcement Act for that same purpose. Travel restrictions were also introduced for this purpose. The Child Support Enforcement Act expanded the national advance payment system to include future periodic claims, establishing it as a policy tool to enforce child support payments. Previously, the advance payment system was limited to completed claims with due dates under laws such as the Emergency Medical Care Act and the Wage Claim Protection Act. Since the advance payment system allocates state funds first and seeks reimbursement from the debtor afterward, a solid legal and institutional foundation must be established in advance. This paper proposes establishing and operating a Child Support Advance Payment Management Fund to ensure the stable operation of the child support advance payment system. It also proposes revising the Child Support Enforcement Act to facilitate this.