In a landmark decision on Korean Family Law handed down by the Korean Supreme Court, the Court ruled that a child born out of wedlock with a mother who agreed not to seek child support from the father can still obtain back child support from the biological father for the period when the child was a minor. The Korean Supreme Court reaffirmed the view that parental responsibility is rooted in the parent-child relationship, rather than in marital or legal agreements between the child’s parents. Korean Family Law generally applies to children born in Korea, parents residing in Korea, and children residing in the Republic of Korea.
In September of 2025, the First Family Division of the Supreme Court of Korea affirmed the lower court’s judgment that the back child support amount of 70 million won for the period when the child was a minor is awarded to the child.
For articles on Child Support in Korea, please see: Korean Child Support Basics and Father Jailed for not Paying Child Support in Korea.
FACTS
- The Father and Mother had a Child out of wedlock. The Father was married at the time of the birth of the Child to another woman.
- The Mother and Father entered into an Agreement waiving the Mother’s full right to obtain child support from the Father in exchange for the Father’s agreement not to claim custody of the Child.
- In a subsequent Korean family court case, the Father was found not to owe any child support obligations to the Mother, and the Mother was the sole legal guardian of the Child.
- The Mother raised the Child as a single mother until the Child reached the age of majority.
- When the Child reached the age of majority, the Child sued the Father for back child support.
Korean Supreme Court Holding
The Supreme Court of Korea, confirming the holding of the Korean lower courts, ruled that the Father should pay the back child support to the Child noting that: “Even if there is an agreement to waive future child support claims before a specific claim is confirmed through an agreement between the parties or a family court decision, or even after the claim is confirmed but before the due date has arrived, unless there are other special circumstances, the waiver cannot be deemed to have the effect of affecting the child’s welfare. . . Parents have a joint responsibility to raise their children, and, in principle, they must jointly bear the cost of child support. . . This is an obligation that arises from the nature of the parent-child relationship, regardless of who has custody.”
The Supreme Court of Korea, thus, concluded that “unless there are special circumstances, such as the child receiving sufficient support from only one parent, a child born out of wedlock may claim past child support from the non-custodial parent during the period where the child is a minor.”
This landmark ruling by the Supreme Court of Korea underscores the fundamental principle that a child’s right to financial support from both parents cannot be waived by private agreements between parents (exceptions exist, and it is essential to have an experienced, proactive attorney who understands the nuance and agreements necessary to enter into a settlement agreement concerning child support). The Supreme Court of Korea, in this case, affirmed that a child born out of wedlock in Korea can claim back child support, even when the custodial parent agreed not to seek it. The Court reinforced the idea that parental responsibility is rooted in the parent-child relationship, not in marital or legal agreements between the parents.