Incheon District Court Sentences Four Months in Prison
Nonpayment Despite Compliance and Detention Orders
A man in his 50s who failed to pay over 100 million won in child support for more than 13 years after divorce was sentenced to prison.
According to Yonhap News on the 8th, the Incheon District Court Criminal Division 16 (Judge Park Jong-ung) sentenced Mr. A (52), who was indicted for violating the Act on the Guarantee and Support of Child Support Payment, to four months in prison.
Mr. A was brought to trial on charges of not paying over 100 million won in child support for two children to his ex-wife, Ms. B, from January 2012 until recently. Despite a court order to comply issued in 2016, he continued to withhold child support payments to Ms. B and was subjected to a detention order the following year. However, Mr. A still failed to properly pay child support and violated a court order for lump-sum payment, resulting in another detention order in 2022. The total amount of unpaid child support for 158 months reached 158 million won.
The court stated, "The defendant’s child support debt is essential for a safe upbringing environment for minor children, and the nature of the crime is serious," and pointed out, "The defendant is currently making no significant effort to pay child support." Regarding the sentencing, the court explained, "However, considering that the defendant was diagnosed with cerebral infarction and underwent long-term hospitalization, his health condition appears poor, and he seems to be financially strained."
Meanwhile, on the 21st of last month, the Ministry of Gender Equality and Family held the 40th Child Support Enforcement Deliberation Committee at the Government Seoul Office to review and approve the list of child support debt defaulters subject to sanctions and discuss the operation plan for the child support advance payment system to be introduced in July this year. The committee decided on a total of 195 sanctions against 157 child support debt defaulters. The types of sanctions were ▲132 cases of travel bans ▲59 cases of driver's license suspension ▲4 cases of public disclosure of names. The average child support debt of these individuals was about 58 million won, with the highest debt amounting to 319.7 million won.
This time, the list of sanctioned individuals included, for the first time, debtors who were penalized only with enforcement orders without detention orders. This became possible following the enforcement of the amended Child Support Enforcement Act in September last year, which allows sanctions against child support debt defaulters based solely on enforcement orders without detention orders.
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