家事訴訟上 效率的인 履行確保方案 마련에 관한 硏究

Domestic obligations in Korea, compared to ordinary civil obligations, are thought to have some specific characters. That is mostly because to protect weak ―especially in the field of economy or income― women who are in need of the cost of living or the expense of bringing up children after divorce. Consequently, Korean Code of Domestic Litigation provides several methods to guarantee per-formance of the obligation: one is the preliminary disposition to prevent obliga-tor s malice even before the decision in addition to Arrest or einstweilige Verfügungen and, the other is, after the decision, the order of performance to threaten the unfaithful obligor perform his duty in addition to the forced execution. In case of violation of these order or disposition, he would be sen-tenced to pay a correctional fine or a detention of 30 days. These methods, however, are criticized that they are overlapped each other and not systematic. Not only that, some methods are rarely used. That is why we in-sist to review and reconstruct these methods.