Driver’s license suspensionDriver’s license suspension as a sanction against child support debtors is applied as a priority to child support debtors who have received decisions on or after June 10, 2021, ordering detention due to failure to perform child support obligations but persist in the failure to perform child support obligations [Act on Enforcing and Supporting Child Support Payment (Act No. 17439 amended on June 9, 2020, enforced on June 10, 2021) Addenda Article 3].
Request for a driver’s license suspension measure- If a child support debtor persists in the failure to comply with child support obligations despite receiving a decision ordering detention under the Family Litigation Act for failure to perform child support obligations, the Minister of Gender Equality and Family may, after the deliberation and resolution of the Deliberative Committee on Payment of Child Support (hereinafter the “Committee”), request the head of the local police agency (including a person who has been delegated authority on driver’s license suspension measures from the head of the local police agency; same hereinafter) suspend the effect of (hereinafter “driver’s license suspension measure”) the child support debtor’s driver’s license (including a driver’s license of any scope that the child support debtor was granted by the head of the local police agency; same hereinafter) (main body of Article 21-3(1) of the Act on Enforcing and Supporting Child Support Payment).
※ However, an exception applies when it is found that the child support debtor would experience livelihood difficulties their driver’s license is suspended because the child support debtor uses the driver’s license directly for livelihood purposes (the proviso of Article 21-3(1) of the Act on Enforcing and Supporting Child Support Payment).
- The Minister of Gender Equality and Family, when seeking to request that the head of the local police agency take a driver’s license suspension measure against a child support debtor, must do so through a document indicating the child support debtor’s personal details or an internet communications network (Article 21-3(1) and (4) of the Act on Enforcing and Supporting Child Support Payment; Article 17-2(1) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment).
- The head of the local police agency, upon receiving the Minister of Gender Equality and Family’s request for a driver’s license suspension measure, shall cooperate in the absence of just cause. If the child support debtor’s license is suspended, the result must be notified to the Minister of Gender Equality and Family through the information communication network, etc. (Article 21-3(2) of the Act on Enforcing and Supporting Child Support Payment; Article 17-2(2) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment).
Withdrawal of the request for a driver’s license suspension- If the child support debtor performs the entirety of their child support obligation after the request to the head of the local police agency for the suspension of the child support debtor’s driver’s license, the Minister of Gender Equality and Family must, without delay, withdraw the request for the driver’s license suspension (Article 21-3(3) of the Act on Enforcing and Supporting Child Support Payment).
- To withdraw a request to the head of the local police agency for a driver’s license suspension against a child support debtor, the Minister of Gender Equality and Family must do so through a document indicating the child support debtor’s personal details or an internet communications network (Article 21-3(3) and (4) of the Act on Enforcing and Supporting Child Support Payment; Article 17-2(1) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment).
- The head of the local police agency who has withdrawn the child support debtor’s driver’s license suspension measure at the Minister of Gender Equality and Family’s request must notify the result to the Minister through the information communication network, etc. (Article 17-2(2) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment).