The Korean Constitutional Court finds the non-existance of the legal remedies to enforce child support NOT unconstituitional


Korean Constitutional Court rejected the constitutional complaint case filed by 262 people. The Constitutional Court said, "Article 36 (1) of the Constitution only stipulates the general task of protecting marriages and families,and cannot be said to be given specific and explicit legislative obligations to ensure easy implementation of child support debtors."

The Constitutional Court concluded that it may be desirable for the legistrative bodies to create a system to secure a means of compulsory implementation of child support for divorce spouses, but otherwise, it cannot be immediately considered unconstitutional.


The Constitution added,"As for specific methods and timing of legislation, legislators will decide in consideration of various factors such as priorities with various tasks in the country, overall social security level, single parent family situation, relationship with general bond enforcement method, and national financial conditions."

Kang and others filed a constitutional petition claiming that not enacting effective laws and regulations so that child support can be paid by the state violates the right to survive and property rights. They expected the execution of child support through law enforcement agencies at the time of divorce, but in reality, those who are under the obligation to pay child support are not paying child support, so there is no practical remedy for this.

On the same day, the Criminal Division 1 (Director Yoon Sung-sik) of the Suwon High Court reversed the lower court's acquittal of former Bad Fathers CEO Koo Bon-chang, who was indicted on charges of defamation on the 23rd, and suspended the sentence of 1 million won. It is defamation to disclose the real names of spouses who have not paid child support expenses, and private sanctions are not allowed in Korea. He was acquitted at the public participation trial held in January last year.