Implementation order
What is an implementation order?- An implementation order refers to a family court’s order to an obligor at the request of a party to perform, within a set period, financial obligations such as the payment of money, giving over a child, or permitting visitation according to a judgment, adjudication, conciliation protocol, decision instead of conciliation, or child support order where the performance of such obligation is not being performed without just cause (Article 64(1) of the Family Litigation Act).
Application for an implementation order in response to a failure to perform an obligation to pay consolation money- Where the other party has failed to pay consolation money, you can apply for an implementation order at the family court that issued the judgment, adjudication, or conciliation ordering the payment to have the court order the other party’s performance of the consolation money payment obligation.
Sanctions for the failure to comply with an implementation order- If an obligor who must pay consolation money fails to do so after an implementation order, the family court may compel performance by the following means:
- Imposition of administrative fines
· If the obligor fails to pay consolation money without just cause despite being issued an implementation order to do so, the family court, conciliation council, or judge in charge of conciliation may, by ruling impose an administrative fine not exceeding KRW 10 million, either ex officio or at the request of the claimant (Article 67(1) of the Family Litigation Act).
- Detention
· Furthermore, when an obligor fails without just cause to pay consolation money for 3 or more terms after an implementation order to pay, the family court may, by ruling, detain the obligor for a period not exceeding 30 days until the consolation money is paid either ex officio or at the request of the claimant (Article 68(1)1 of the Family Litigation Act).
※ What is detention?
· Detention refers to holding an obligor who has violated a court order, etc. in a detention facility such as a police holding cell, penitentiary, detention center, etc. by a court ruling at the request of a claimant for a detention trial (Article 70 of the Family Litigation Act; Articles 130 and 132 of the Family Litigation Rule; Article 23(1) of the Trial Rule for the Maintenance of Order in Court, Etc.). The detention is concluded and the obligor is released if the obligor performs the obligation during detention (Article 137(2) of the Family Litigation Rule).