Due to the multifaceted nature of securing the implementation of child support, the ripple effect of the system does not stop at limiting the basic rights of the child support debtor. In addition to such recognition, flat unconstitutional examination ...
Due to the multifaceted nature of securing the implementation of child support, the ripple effect of the system does not stop at limiting the basic rights of the child support debtor. In addition to such recognition, flat unconstitutional examination can be prevented only through a detailed review process based on empirical data. If the constitutional perspective on securing the implementation of child support is systematized and the process of accurate understanding of securing the implementation of child support from a constitutional normative perspective is followed, policy alternatives by legislative formation are expected to be prepared based on various constitutional issues inherent in the system.
In the past, the Constitutional Court pointed out the need to revise the anti-seizure clause, and the fundamental purpose of prohibiting the seizure of creditors of the entire right to receive benefits in the Public Officials Pension Act is to ensure the humane livelihood of civil servants and their bereaved families. The debtor's circumstances are very diverse and the living conditions of the creditor may be worse than those of the debtor. If the seizure is uniformly prohibited without considering the conditions between the debtor and the creditor at all, it can worsen the creditor's situation and lead to an overly protective situation. It is difficult to say that the results of this situation conform to the spirit of the Constitution, even if they do not directly violate the Constitution. For this reason, it would be constitutional for legislators to establish an institutional mechanism to reflect the appropriate scope of the seizure ban so that the conflicting interests between creditors and debtors can be reasonably adjusted in a certain part, taking into account comprehensive conditions such as living conditions between creditors and debtors, as in Article 246 (3) of the current Civil Execution Act.
The anti-seizure clause basically has the legislative purpose of guaranteeing the right to live a humane life for beneficiaries of the public employee pension and their families with it, so child support bonds are originally bonds that must be protected by the anti-seizure clause. If a public employee pension holder fails to fulfill his or her child rearing responsibilities and intentionally avoids the burden of child support, the legal interests to be protected by the anti-seizure clause will be violated. In the United States and Germany, legislative measures are taken, such as restricting the seizure of public pensions or salaries, but expanding the scope of seizure if the executive bond is a child support bond.
In Korea's Domestic Litigation Act, the Family Court orders child support debtors to fulfill their child support obligations and imposes fines and may face detention for violating this order, and allows child support debtors to deduct child support from their salaries on a regular basis. The Family Court can order the provision of collateral for child support debtors to pay regularly, and introduced a property specification and property inquiry system for children's child support claims. It is difficult to conclude that child support bonds are sufficiently protected despite foreclosure restrictions under the anti-seizure clause.
It seems to be a task of legislative policy decisions to come up with reasonable measures to alleviate the problems of the seizure prohibition clause. It is necessary to allow the court to adjust the scope of seizure restrictions in consideration of specific circumstances such as the living conditions of creditors and debtors, or to adjust the interests of pensioners and creditors, such as making exceptions to allow some seizure of bonds that require special protection. Legislators should urgently come up with institutional arrangements to supplement the provision of prohibition of seizure.