In divorce proceedings in Korea, matters concerning minors are always given paramount importance, with the fundamental principle being the protection of the best interests of the child (아동의 최선의 이익). One of the essential aspects of this principle is ensuring the visitation rights (면접교섭권) of the non-custodial parent. This right is not only a benefit of the father or mother after divorce but also a fundamental personal right of the child, enabling the child to maintain emotional, educational, and affectionate ties with both parents even after the dissolution of the marriage.

In judicial practice, however, the enforcement of visitation rights still faces numerous obstacles due to the non-cooperation or conflicts between parents, particularly when such rights are misused as a tool of pressure or retaliation after divorce. This article will provide a comprehensive analysis of the legal provisions governing visitation rights to children after divorce in Korea, the manner in which the courts establish and adjust such rights, as well as an in-depth examination of the legal sanctions applicable in cases where the exercise of such rights is unlawfully obstructed.

I. Legal basis for regulating child visitation rights

Korean law does not automatically recognize visitation rights based on individual will; rather, it places such rights within a legal framework regulated and determined by the court in order to serve the best interests of the minor. Specifically:

1. Article 837(2) of the Civil Act (민법 제837조 제2항) provides:

“Upon divorce, the court may determine matters concerning the person who will have direct custody of the child, the obligation of child support, and the right of visitation, if deemed necessary.”

2. Article 837-2 (면접교섭권)

“A parent who does not have direct custody may request the court to permit visitation with the child; if there are justifiable grounds, the court may restrict or revoke such right.”

3. Family Litigation Act (가사소송법) and the Supreme Court guidelines on marital cases involving minor children

The above provisions establish the foundation for visitation rights as a legally binding court decision, and also serve as the legal basis for enforcement through compulsory measures in the event of violation.

II. Content and characteristics of visitation rights

1. Subjects and scope

The right of visitation belongs to the parent who does not have direct custody of the child,but it is also understood as a mutual right shared by both parents and the child. The scope of this right is not limited to direct, in-person meetings, but may also include:

• Regular in-person meetings, during summer vacations, or on weekends;
• Telephone calls, video conversations, letters, and text messages;
• Taking the child out for leisure, accompanying them to school, or providing temporary care during holidays;
• Participation in the child’s significant events (such as birthdays, graduation ceremonies, etc.).

The court has the authority to specifically determine the schedule, frequency, location, and manner of exercising visitation rights, and may even require such visitation to take place at a supervised visitation center (면접교섭지원센터) in cases of high conflict between the parties.

2. Flexibility and adjustment based on circumstances

Visitation rights are not immutable. The law allows either party to request modification, suspension, or termination of such rights in the event of a material change in circumstances, for example:

• Discovery of violent behavior by the visiting parent;
• The child suffers adverse psychological impacts;
• The visiting parent fails to comply with the court’s order.

III. The practical reality of obstruction of visitation rights in judicial practice

Although the law provides a relatively comprehensive mechanism, in practice, cases involving the obstruction of visitation rights have become increasingly common. The typical forms include:

• Failure to bring the child to the designated meeting place according to the agreed schedule;
• Obstructing communication by preventing the child from using the telephone;
• Instigating or exerting psychological influence on the child so as to induce refusal of visitation;
• Changing residence without prior notice, thereby obstructing access;
• Invoking illness or educational commitments as a pretext to delay or deny visitation.

Obstructive conduct is often accompanied by unresolved emotional conflicts arising from the marital breakdown, in which visitation rights are exploited as a tool of control or retaliation against the other parent. Such practices not only infringe upon the rights of the parent but also cause serious harm to the psychological development and emotional stability of the child.

IV. Enforcement mechanisms and sanctions in cases of obstruction of visitation rights

Korean law has established an enforcement system to secure the exercise of visitation rights to safeguard court decisions:

1. Periodic compulsory fines (간접강제)

• Pursuant to Article 26 of the Act on the Execution of Judgments, a party who fails to comply with a court order (e.g., refusing to permit visitation according to the approved schedule) may be subject to an indirect fine.
• The amount of such fine may reach up to KRW 2 million per violation, and may be progressively increased in the event of repeated non-compliance.

2. Modification of child custody

• In cases of serious and systematic obstruction, the court may decide to transfer custody to the parent whose visitation rights have been hindered, if such a measure is deemed to be in the best interests of the child.

3. Intervention by public authorities

• If the custodial parent wilfully refuses to comply, the non-custodial parent may petition the court to appoint a judicial officer, or request assistance from a visitation support center..

4. Civil action for damages

• The aggrieved parent may file a lawsuit seeking compensation for emotional damages arising from the denial of parental rights and the resulting loss of connection with the child.

5. Criminal sanctions in particularly serious cases

• If the obstruction of visitation is accompanied by unlawful detention of the child, threats, or infringement upon personal liberty, such conduct may constitute a criminal offense under Article 276 of the Korean Criminal Act (형법 제276조).

V. Recommendations for iImprovement and conclusion

In order to enhance the effective enforcement of visitation rights in practice, coordinated efforts between legislation, the judiciary, and social policy are required:

• Expanding the nationwide system of supervised visitation centers (면접교섭센터) to provide a neutral environment;;
• Promoting public awareness of children’s rights, and discouraging the use of children as instruments of parental conflict after divorce;
• Increasing the deterrent effect of compulsory sanctions and strictly penalizing repeated intentional obstruction;
• Ensuring that the views of the child are duly considered in visitation determinations, thereby upholding the principle of the best interests of the child.

In conclusion, the right of visitation after divorce constitutes an essential legal right, intrinsically linked to parental rights and the holistic development of the child. Ensuring the enforcement of this right is not merely a matter of personal responsibility but also a legal obligation safeguarded by the judicial system. In the context of increasing post-divorce disputes, strengthening enforcement mechanisms, enhancing social awareness, and improving the legal framework are indispensable conditions for the effective and sustainable protection of children’s rights in Korea.

VI. About NYLA – Korean Legal Office 

■ NYLA – Your Trusted Legal Partner in Korea

At NYLA, we understand that the success of foreign businesses in Korea requires not only a solid business strategy but also reliable legal support. With a team of experienced Korean attorneys and legal professionals, NYLA provides tailored legal services for companies, investors, and individuals operating or planning to establish a presence in Korea.

We support our clients throughout the entire business journey with comprehensive services, including:

• Legal consultation on company establishment, taxation, and immigration;
• Advice on commercial real estate, franchising, and product distribution;
• Support in human resources, marketing, and business strategy.

In addition to legal advisory, NYLA also represents clients in civil litigation cases related to business, labor, marriage, family, and inheritance to ensure their rights and interests are fully protected.

■ Contact NYLA

If you’re a foreign business or individual looking for a reliable legal partner in Korea, NYLA is here to help. We are committed to delivering effective, practical, and personalized legal solutions for every client.

With a proven track record of assisting hundreds of international clients, our team is equipped to help you navigate complex legal challenges—whether it’s commercial disputes, contract issues, or foreign investment guidance.

Don’t let legal matters hold you back. Let NYLA be your trusted guide in the Korean market.

■ Get in touch with NYLA for expert legal support

Website: https://nylakoreanlegal.com/ FB: https://www.facebook.com/nyla.koreanlegal  Tiktok: https://www.tiktok.com/@nylakoreanlegal  Youtube: https://www.youtube.com/@NYLA-xd8qx Email:  info.NYLAkoreanlegal@gmail.com   SĐT: +82 10-3415-7859