Administrative fines and detention
The imposition of administrative fines- If any of the following applies to a party or related person, the family court that issued the order may ex officio or by right holder petition impose an administrative fine of no more than KRW 10 million (Article 67(1) of the Family Litigation Act).
· The income tax withholding collection agent fails without just cause to comply with an order for the direct payment of child support (Article 63-2(1) of the Family Litigation Act)
√ An “income tax withholding collection agent” refers to a person who owes the child support debtor an obligation to regularly pay wages (see Article 63-2(1) of the Family Litigation Act).
·A child support debtor fails without just cause to comply with an order to provide collateral for child support (Article 63-3(1) and (2) of the Family Litigation Act)
· A child support debtor fails without just cause to comply with an order to perform child support payment obligation (Article 64 of the Family Litigation Act)
Detention order, etc.1. If a person who received an order to perform child support payment obligation through a regular payment of cash fails without just cause to perform such obligation for at least three periods, the family court may, by the petition of the child support creditor, order the obligor to be detained for up to 30 days until they perform the obligation (Articles 64(1) and 68(1)1 of the Family Litigation Act).
2. If a person who received an order to pay child support in a lump sum fails without just cause to perform the obligation within 30 days, the family court may, by decision on a petition from the child support creditor, order the debtor to be detained for no more than 30 days until the obligation is performed (Articles 63-3(4) and 68(1)3 of the Family Litigation Act).
√ “Detention” refers to the court’s custody of an obligor who has failed to comply with the court’s order, etc., based on the court’s decision on the petition of the right holder for a detention trial, detaining the obligor at a detention facility, such as a police detention cell, prison, detention center, etc. (Article 70 of the Family Litigation Act; Articles 130 and 132 of the Family Litigation Rules; Article 23(1) of the Trial Rules for the Order of Courtrooms, Etc.)
√ If a person who was subjected to a trial ordering detention performs the obligation while the detention is being enforced, the enforcement of the detention is terminated and the person, released (Article 68(1) of the Family Litigation Act; Article 137(2) of the Family Litigation Rules).
※ A person who, despite having received a detention order under 1. or 2. above, fails without just cause to perform the child support obligation within one year of receiving the detention order decision is punished by imprisonment of no more than one year or a penalty of no more than KRW 10 million (the main text of Article 27(2)2 of the Act on Enforcing and Supporting Child Support Payment).