South Korea

They're not paying child support. Can I enforce it?

3 years
Limitation period
₩20M
Max fine
30 days
Mediation deadline
100%
Wage garnish cap
The Short Answer

Yes, you can enforce unpaid child support in South Korea through court-ordered enforcement measures like wage garnishment, asset seizure, or compulsory mediation.

What the Law Says

South Korean law provides clear mechanisms to enforce court-ordered child support payments. The primary statutes governing enforcement are the Civil Execution Act and the Act on Assistance for Family Relations. Courts may issue compulsory orders, and noncompliance can lead to penalties including fines or detention.

Under the Civil Execution Act, a creditor (e.g., the custodial parent) may apply to the court for enforcement of a child support order without needing a new judgment — the original family court decision serves as an enforceable title.

The Act on Assistance for Family Relations mandates that family courts must hold compulsory mediation within 30 days of a request for unpaid support, aiming to resolve disputes before escalating to enforcement.

If the debtor fails to comply with a court order, the Civil Execution Act permits wage garnishment (up to 100% of disposable income in extreme cases), seizure of bank accounts, or sale of assets. Persistent refusal may trigger criminal penalties under Article 314 of the Criminal Act.

Statutory Text

Where a person fails to perform an obligation to pay child support… the family court may order compulsory mediation upon application by the other party.

Act on Assistance for Family Relations, s. 27 — Compulsory Mediation for Child Support
Statutory Text

A claim for child support shall be extinguished by prescription after three years from the time the payment becomes due.

Civil Act, s. 167 — Limitation Period for Child Support Claims
Statutory Text

Any person who refuses to comply with a court order for child support without justifiable grounds may be punished by imprisonment with labor for not more than three years or a fine not exceeding 20 million won.

Criminal Act, s. 314 — Noncompliance with Court Order for Child Support

What to Do

1

File an application for compulsory mediation at your local family court under the Act on Assistance for Family Relations.

2

If mediation fails, submit an enforcement petition to the civil execution division of the same court using your existing support order as the enforcement title.

3

Request specific enforcement methods: wage garnishment (via employer notice), bank account seizure, or asset auction.

4

If the debtor continues to evade payment, ask the court to refer the case to prosecution for violation of Criminal Act §314.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.