Disclosure of the list of nonperforming child support debtorsList disclosure as a sanction against child support debtors is applied as a priority to child support debtors who fail to perform their child support obligations despite having received a court decision on or after July 13, 2021, ordering detention for failure to perform child support obligations [Act on Enforcing and Supporting Child Support Payment (Act No. 17897 amended on January 12, 2021, enforced on July 13, 2021) Addenda Article 3].
Persons subject to a disclosure of the list of nonperforming child support debtors- If a child support debtor fails to perform their obligations despite having received a decision ordering detention under the Family Litigation Act due to failure to perform their child support obligations, the Minister of Gender Equality and Family may, at the application of the child support creditor, disclose the following information after a deliberation and resolution by the Deliberative Committee on Payment of Child Support (hereinafter the “Committee”) established in the Ministry of Gender Equality and Family under Article 6 of the Act on Enforcing and Supporting Child Support Payment (the main body of Article 21-5(1) of the Act on Enforcing and Supporting Child Support Payment).
· The child support debtor’s name, age, and occupation
· The child support debtor’s address or place of work (up to the street name under subparagraph 3 of Article 2 of the Road Name Address Act and building number under subparagraph 5 of Article 2 of the same Act)
· The nonperformance period of child support obligations and amount of child support debt
- However, the child support debtor’s information is not disclosed if any of the following applies (the proviso of Article 21-5(1) of the Act on Enforcing and Supporting Child Support Payment; Article 17-4(2) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment):
· The child support debtor dies or is declared missing under Article 27 of the Civil Act
· The child support debtor has paid at least half the amount of the child support debt and has submitted a performance plan for the remaining amount, and the Committee finds it necessary to exclude them from list disclosure
· The child support debtor has received a decision to initiate rehabilitation proceedings or a bankruptcy declaration under the Debtor Rehabilitation and Bankruptcy Act
· The Committee otherwise finds there is nothing to be gained from disclosing personal details, etc.
Application for disclosure in the nonperforming child support debtor list- A person seeking to apply for disclosure in a nonperforming child support debtor list must attach documents on a court decision ordering detention to a List Disclosure Application and submit it to the Minister of Gender Equality and Family (Article 9-5 and Form No. 8 of the Enforcement Rule of the Debtor Rehabilitation and Bankruptcy Act).
※ Fill out the application for disclosure in a list of nonperforming child support debtors
Method and period, etc., of nonperforming child support debtor list disclosure- When making a list disclosure of nonperforming child support debtors, the Minister of Gender Equality and Family must set a period of at least three months to give the child support debtor an opportunity to explain (Article 21-5(2) of the Act on Enforcing and Supporting Child Support Payment).
- The list disclosure of nonperforming child support debtors may be done by posting to the website of the Ministry of Gender Equality and Family or the Child Support Agency or by providing information on the child support debtor if requested by the press under the Act on Press Arbitration and Remedies, Etc. for Damage Caused by Press Reports (regular publications such as broadcasting, newspapers, and magazines, news communications, and online newspapers) (Article 21-5(3) of the Act on Enforcing and Supporting Child Support Payments; subparagraph 1 of Article 2 of the Act on Press Arbitration and Remedies).
- The list of nonperforming child support debtors is disclosed for three years from the date of disclosure (Article 17-4(1) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment).
- The Minister of Gender Equality and Family must delete the list if any one of the following applies after the disclosure of the nonperforming child support debtor list (Article 17-4(2) and (3) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment):
· The child support debtor performs the child support obligation in full
· The child support debtor dies or is declared missing under Article 27 of the Civil Act
· The child support debtor has performed at least half the amount of the child support debt and has submitted a performance plan for the remaining amount, and the Committee finds it necessary to exclude them from list disclosure
· The child support debtor has received a decision to initiate rehabilitation proceedings or a bankruptcy declaration under the Debtor Rehabilitation and Bankruptcy Act
· The Committee otherwise finds there is nothing to be gained from disclosing personal details, etc.
※ Go to the bulletin board disclosing the list of nonperforming child support debtors
☞ Minister of Gender Equality and Family (http://www.mogef.go.kr), < Information disclosure – Disclosure of the list of nonperforming child support debtors >