Father Sentenced to Prison in First Trial for Failing to Pay 100 Million Won in Child Support...Prosecutors Appeal, Saying "3 Months Is Too Light"

"Sentences Heavier Than 3 Months Imprisonment Should Be Imposed"

A man in his 40s who failed to pay about 100 million won in child support for two children over 10 years was sentenced to prison, but the prosecution appealed.

On the 2nd, the Incheon District Prosecutors' Office announced that it recently filed an appeal against the first trial verdict sentencing Mr. A (44) to three months in prison for violating the Act on the Guarantee and Support of Child Support Enforcement. The prosecution had previously requested a 10-month prison sentence for Mr. A at the sentencing hearing held on the 11th of last month. The prosecution emphasized, "Mr. A only paid 5 million won to his ex-wife after being prosecuted for non-payment of child support, but did not pay any other child support," and added, "A heavier sentence than three months in prison should be imposed."

The prosecution explained, "Mr. A had a job and a steady income, so he had the ability to pay the overdue child support," and "According to tax records and credit information, he had no other debts but still did not pay the overdue child support." In November last year, the Supreme Prosecutors' Office established a policy to generally refer suspects who fail to pay child support to formal trials and to consider the amount of unpaid child support when deciding on dispositions. Additionally, the prosecution treats cases where the suspect deliberately does not pay child support despite having sufficient assets or hides assets as malicious crimes and considers aggravating factors in sentencing.

Earlier, Judge Sung In-hye of the Incheon District Court Criminal Division 8 sentenced Mr. A to three months in prison and detained him in court on the 27th of last month. This is the first case of a prison sentence being handed down since the related law criminalizing non-payment of child support was amended and enforced in 2021. Mr. A was indicted without detention on charges of failing to pay 96 million won in child support for two children to his ex-wife Ms. B (44) from April 2014 to recently. Despite a court detention order in 2022, Mr. A hardly paid any child support. Ms. B, who did not receive child support from her ex-husband, raised her two sons alone for 10 years while running a street food stall or working in a factory. It is known that Mr. A claimed he was financially struggling due to poor health, including undergoing heart surgery.

In July 2021, the Ministry of Gender Equality and Family began publicly disclosing six personal details of child support defaulters?excluding their photos?including name, date of birth, occupation, and workplace, following the enforcement of the revised Enforcement Decree of the Act on the Guarantee and Support of Child Support Enforcement. If a person does not comply with a child support payment order, they may face travel bans, driver's license suspensions, or detention orders. If a person ordered to pay child support regularly fails to pay three or more times, or if a person ordered to pay a lump sum fails to pay within 30 days, the family court may issue a detention order. If a person continues to fail to pay child support without justifiable reason within one year after receiving such an order, they may face imprisonment of up to one year or a fine of up to 10 million won.