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A study on the effectiveness of criminal punishment for non-payment of child support viewed as a type of child abuse

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(3), pp.427-447
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 5, 2024
  • Accepted : August 24, 2024
  • Published : August 31, 2024

Kim Tae Eun 1

1남부대학교

Accredited

ABSTRACT

If paying child support is the main form of child support that a non-custodian can provide, then the non-custodian's failure to pay child support is a violation of the duty to support the minor child. Failure to pay child support is a ‘clear crime of child abuse.’ The specific content that caregivers ask for child support is not only asking for money, but also asking for both caregivers to be aware of the fact that they are responsible for raising the child. Since non-payment of child support is fundamentally different from other civil debts, a situation that threatens the child's welfare and right to survive should not arise. Therefore, in order for the original value of child support to be realized, appropriate measures to implement child support, that is, strong sanctions and legal policies, including criminal sanctions, are essential. The rate of minor children living in a state where their right to survive is threatened and welfare stability is not guaranteed is not decreasing due to failure to pay essential child support in the process of raising minor children after marriage and divorce due to parental problems. The time has come when we can no longer put it off. I hope that we will be able to live in a society that actually alleviates the suffering of the people through future improvements in laws and policies, and I believe that academia should also contribute with more active discussions and research.

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.