양육비 지급의무의 이행에 관한 소송법적 연구

• 발행기관: 한국민사소송법학회
• 저자명: 김연
• 간행물 정보: 『민사소송』제15권 제1호, 82~124쪽, 전체 43쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.05.30

영문 초록

In the year of 2009, Korea has several amendments on performance of fostering expenses as follows:First of the changes is that a judge of the Family Court should draw up a Protocol about burden of fostering expenses when a husband and his wife who have a minor child/children want confirm of the intention of divorce by mutual agreement. As the protocol has executory power, the obligee can execute the property of obligor if the fostering expenses are not payed in time. Second change is that a judge can order the obligor s employer to pay directly the fostering expenses to obligee of the expenses if the obligor did not perform more than two times the burden of periodical payments. In case the obligor s employer did not pay the fostering expenses by the order, the judge can impose a fine on him. Third change is that a judge can order the obligor to hand out a list of all his property and can inquire the governmental organization or financial companies about obligor s properties. The judge can use these materials for the decision about fostering expenses. The last change is that a judge can order the obligor to offer a proper amount of security for payment of the fostering expenses and can order him the lump sum of the expenses if he did not offer the security. Of course, the purpose of the amendments is to prevent non-performance of burden of fostering expenses for the minors. But in spite of rightness of the purpose, there are, I think, several problems from the procedural point of view: i.e., there are already to many means to force the obligor to perform the fostering expenses; there are unusual means from the point of procedural view; and, there are several provisions about sanctions which is not proper in the procedure of Family Court.

목차

Ⅰ. 서 설

Ⅱ. 양육비 지급의무의 이행

Ⅲ. 개정법에 의한 양육비 이행 절차

Ⅳ. 소송법적 시각에서 본 신법상의 양육비 지급의무 이행제도

Ⅴ. 결 론

참고문헌

키워드

양육비 이혼 후 자의 양육 양육비 지급 의무의 지체 강제집행 양육비 부담 조서 재산명시명령 재산조회 양육비 직접 지급명령 담보제공 및 일시금 지급명령 fostering expenses fostering a child/children after divorce non-performance of burden of fostering expenses forced execution a protocol about burden of fostering expenses an order of presentation of the list of property inquiry of debtor s properties an order of direct payment of fostering expenses an order of provision of a security and payment of the lump sum expenses