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Frequently Asked Questions

We have gathered 291 questions people actually ask about police questioning, suspended indictment, settlements, divorce by agreement, child support, individual rehabilitation and school violence measures. Open a question to see the answer and the statute it rests on, or search for a word.

291 questions

Criminal

QWhat is a sex offense record check, and who asks for it?
A

It is the document used under the system that lets the head of an institution related to children and youth check the sex offense record of a person seeking employment there. The head of the institution may request the check with the applicant's consent, or have the applicant obtain the reply directly and submit it (Act on the Protection of Children and Youth against Sex Offenses, Article 56(5)). Places such as private academies and daycare centers require it as a hiring document.

QIf I only paid a fine, will it show up on a criminal record check? Do I have a criminal record?
A

Yes, it stays. A fine is a sentence imposed by a court, so it goes into the criminal record data (sentences of a fine or heavier) and counts as a criminal record under the law (Act on the Lapse of Criminal Sentences, Article 2, Subparagraphs 5 and 7). However, once the sentence lapses two years after it has been fully executed, it no longer appears on the report you request for yourself (the same Act, Article 7; Enforcement Decree, Article 7-2).

QIs a fine record completely erased after two years?
A

No. What the law orders to be deleted or destroyed on lapse is the register and card of convicted persons. No provision deletes the criminal record data itself (Act on the Lapse of Criminal Sentences, Article 8). What changes on lapse is the scope of reports. The record is left out of reports requested by the person and reports for overseas entry or residence, but checks for investigation or trial cover all of the data (Enforcement Decree, Articles 7 and 7-2).

QCan my company look up my criminal record whenever it wants?
A

No. Criminal record checks and reports are allowed only in cases set by law, such as investigation and trial, a request by the person, or checking grounds for disqualification from public office. Obtaining the record for any other purpose is prohibited and punishable (Act on the Lapse of Criminal Sentences, Article 6(1) and (3), Article 10). Check whether the job you are applying for has a disqualification clause or record check rule under a separate law.

QWhat are the DUI penalties by blood alcohol concentration?
A

For a first offense: 0.03% to under 0.08% carries up to 1 year in prison or a fine of up to KRW 5 million; 0.08% to under 0.2% carries 1 to 2 years in prison or a fine of KRW 5 million to KRW 10 million; 0.2% or higher carries 2 to 5 years in prison or a fine of KRW 10 million to KRW 20 million (Road Traffic Act, Article 148-2(3)). The actual sentence is set within this range based on sentencing factors such as whether there was an accident, prior record, and remorse.

QIs the statutory penalty heavier for a second or third DUI?
A

Yes. A separate range applies to a repeat offense within 10 years. If you drive drunk again within 10 years from the date a sentence of a fine or heavier for a prior DUI became final (including a person whose sentence has lapsed), 0.2% or higher carries 2 to 6 years in prison or a fine of KRW 10 million to KRW 30 million, and 0.03% to under 0.2% carries 1 to 5 years in prison or a fine of KRW 5 million to KRW 20 million (Road Traffic Act, Article 148-2(1)). The provision does not separate second and third offenses; the number of offenses is considered in sentencing.

QWhat is the penalty for refusing a breathalyzer test?
A

Refusal is punished separately. For a first offense it is 1 to 5 years in prison or a fine of KRW 5 million to KRW 20 million (Road Traffic Act, Article 148-2(2)), and for a repeat offense within 10 years it is 1 to 6 years in prison or a fine of KRW 5 million to KRW 30 million (the same Article, paragraph 1). If you caused a traffic accident, refusing the test also takes you out of the special exemption under the Act on Special Cases concerning the Settlement of Traffic Accidents.

QWhat happens to my driver's license after a DUI conviction?
A

Criminal punishment and license action proceed separately. If your license is revoked for two or more violations, you cannot obtain a license for 2 years from the date of revocation (Road Traffic Act, Article 82(2), Subparagraph 6), and a person whose license is revoked for another violation within 5 years may drive only with a conditional license that requires an ignition interlock device (Article 80-2(1)). A suspended indictment does not automatically lift the license action.

QSomeone called saying they are from the prosecution or police. How do I check if it is real?
A

Hang up first, then call the agency's official main number yourself to confirm. Guidance from the Financial Services Commission and the Financial Supervisory Service states that investigative agencies do not keep you on the line by saying an investigation is under way, nor do they ask you to check into a motel or install an app. As of October 2, 2026, the Prosecutors' Office became the Public Prosecution Office. Its main number is 1301 (no area code), and the police number is 112.

QDo real police also contact people by a 010 mobile number or text message to summon them?
A

They can. A summons is in principle sent as a written notice of summons, but when unavoidable it may be made by phone or text message (Investigation Rules, Article 19(3)). So look at what is being asked rather than how you were contacted. If they ask for a money transfer, app installation, or financial information, suspect impersonation. To confirm, call the main number of that police station directly, not the number that contacted you.

QIs a suspended indictment a punishment? Does it leave a criminal record?
A

It is neither a punishment nor a criminal record. A suspended indictment is a prosecutor's non-indictment decision not to send the case to trial, even though the charge is found, after considering various circumstances. No fine or prison term is imposed (Public Prosecution Office Case Affairs Rules, Article 115; Criminal Procedure Act, Article 247). It does stay in investigation record data, which is deleted 5 or 10 years after the decision depending on the statutory penalty (3 years if the person was a juvenile at the time) (Act on the Lapse of Criminal Sentences, Article 8-2).

QDoes a suspended indictment affect appointment as a public official or military officer?
A

Military officers are expressly covered. The Enforcement Decree requires suspended indictment data to be reported for checks on appointment of military academy cadets, officers, non-commissioned officers, military civilian employees and others (Enforcement Decree of the Act on the Lapse of Criminal Sentences, Article 7(2), Subparagraph 2). For general public official appointments, the data is limited to what is needed to check grounds for disqualification, so you should also look at the disqualification clauses for the position you are applying for.

QThe offender received a suspended indictment. Can the victim challenge it?
A

Yes. A complainant may file an appeal within 30 days of receiving notice of the non-indictment decision (Public Prosecution Office Act, Article 57(1)), and after the appeal may apply to the High Court for a ruling to institute prosecution (Criminal Procedure Act, Article 260). On request, you can receive a written explanation of the reasons for the decision within 7 days (the same Act, Article 259), so the first step is to get those reasons.

QIf I settle a traffic accident involving one of the 12 serious negligence items, can I still be criminally punished?
A

A settlement alone does not block prosecution. The Act on Special Cases concerning the Settlement of Traffic Accidents in principle bars prosecution against the victim's wishes for accidents causing injury, but makes exceptions for 12 items such as running a signal, crossing the center line, and speeding more than 20 km/h over the limit, as well as hit-and-run and refusing a breathalyzer test (Article 3(2), proviso). In those cases, settlement with the victim is considered as a mitigating factor in sentencing.

QIf I have comprehensive auto insurance, am I free from criminal punishment?
A

Accidents involving the 12 serious negligence items are an exception. The special rule barring prosecution when insurance is in place (Act on Special Cases concerning the Settlement of Traffic Accidents, Article 4(1)) has a proviso, so it does not apply to accidents involving the 12 serious negligence items, serious injury to the victim, insurer exemption, and similar cases. The statutory penalty is up to 5 years of imprisonment without labor or a fine of up to KRW 20 million (the same Act, Article 3(1)).

QCan I bring a lawyer to police questioning?
A

Yes. If the suspect or family requests it, the judicial police officer must allow defense counsel to take part in the questioning unless there is a justifiable reason not to (Criminal Procedure Act, Article 243-2(1)). Counsel may state opinions after the questioning and may object to improper questioning methods even during the questioning (the same Article, paragraph 3). Before questioning, you are also informed of your right to remain silent and your right to the assistance of counsel (Article 244-3).

QWill remaining silent during police questioning count against me?
A

The law says it may not be held against you. Before questioning, the judicial police officer must inform you that you may decline to answer all questions or any individual question, that you will suffer no disadvantage for doing so, and that statements made after waiving this right can be used as evidence of guilt in court (Criminal Procedure Act, Article 244-3(1)). Which questions to answer is a decision to make after looking at the issues in the case.

QIf the interrogation record says something different from what I said, can I correct it?
A

Yes. The suspect interrogation record must be shown or read to the suspect, and if you request additions, deletions or changes to parts written differently from your statement, those must be added to the record (Criminal Procedure Act, Article 244(2)). You are asked to sign when you have no objection or comment (the same Article, paragraph 3), so read it all the way through before signing.

QExactly how old is a "juvenile under the age of criminal responsibility"?
A

At least 10 and under 14 years old at the time of the act (Juvenile Act, Article 4(1), Subparagraph 2). Criminal Act, Article 9 provides that acts of a person under 14 are not punished, so the case is heard as a juvenile protection case in the juvenile division instead of through criminal punishment. Age is counted in full years under Civil Act, Article 158, not by school grade, and a person 14 or older can also face a criminal trial.

QCan I postpone my police appearance date?
A

You can negotiate it. The judicial police officer must consult the suspect on the date, time and place of appearance, and must also consult defense counsel if there is one (Investigation Rules, Article 19(2)). If the suspect requests a postponement, the date is to be adjusted unless there are special circumstances (the same Article, paragraph 1, Subparagraph 3). However, repeatedly failing to appear without a justifiable reason can become grounds for an arrest warrant (Criminal Procedure Act, Article 200-2).

QCan a juvenile under the age of criminal responsibility be sent to a juvenile reformatory?
A

Yes. Dispositions No. 8 (up to 1 month), No. 9 (short term) and No. 10 (long term) under Juvenile Act, Article 32(1) are commitments to a juvenile reformatory, and the only age limit is 12 or older for No. 10. Which disposition is imposed is decided by the juvenile division judge after investigation and a hearing.

QIf the offender is under the age of criminal responsibility, can the victim do nothing?
A

There are things you can do. Protection case hearings are closed, but the victim may apply to state an opinion (Juvenile Act, Article 25-2), and the judge may recommend reconciliation such as compensation for the harm (Article 25-3). Monetary compensation is a civil matter, and if the minor lacks capacity to be held liable, the person with a duty of supervision may be liable for damages (Civil Act, Articles 753 and 755).

QCan stating true facts still be defamation?
A

Yes. Criminal Act, Article 307(1) punishes damaging a person's reputation by publicly alleging facts, even true ones (up to 2 years of imprisonment with or without labor, or a fine of up to KRW 5 million), and paragraph 2 of the same Article sets a heavier penalty for false facts. The exception from punishment is when the facts are true and solely in the public interest (Article 310).

QCan it be defamation if I told only one person?
A

It can. "Publicly" means in a state where an unspecified or large number of people could learn of it, and the Supreme Court recognizes publicity even when the statement was made to a few people if it was likely to spread (2020Do5813, en banc). The Court also said that statements to a specific few can be a strong factor against publicity, so the relationship with the listener and the circumstances must be examined.

QWhat is the difference between embezzlement and breach of trust, and what are the penalties?
A

Embezzlement is taking or refusing to return another person's property that you are keeping. Breach of trust is when a person handling another's affairs violates their duty, gains a benefit, and causes loss to that person. Both carry up to 5 years in prison or a fine of up to KRW 15 million (Criminal Act, Article 355), and if committed in an occupational capacity, up to 10 years in prison or a fine of up to KRW 30 million (Article 356).

QWhere do I submit a petition for leniency or a letter of apology?
A

Submit it to wherever the case is now. During investigation, give it to the investigator in charge or the prosecutor's office. After indictment, write the case number on it and file it with the court division in charge. The court considers the offender's circumstances, the motive and result of the crime, and conduct after the crime when sentencing (Criminal Act, Article 51), so specific content matters more than length. In a case where you dispute the charge, a letter of apology can be read as an admission, so be careful.

QI used sexual insults in an online game. Is that insult or obscene communication?
A

They are two crimes with different elements. Insult is publicly insulting a person (Criminal Act, Article 311). Obscene acts using communication media is sending words or writing that cause sexual shame to another person through communication media, for the purpose of arousing or satisfying sexual desire (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 13). In two game cases decided on the same day, the Supreme Court reached different conclusions depending on the content and circumstances of the expressions (2022Do10688, 2023Do7199).

QI was notified that my case was referred to the prosecution. Does that mean I am guilty?
A

No. Referral means the police found there was a criminal suspicion and sent the case and records to the prosecutor (Criminal Procedure Act, Article 245-5(1), Subparagraph 1). The prosecutor decides again whether to indict, and guilt is decided at trial. Referral does not mean detention either.

QIf I insulted someone in a one-on-one private message, is it not insult?
A

For insult, publicity is the issue. Insult requires that it be done publicly, so a one-on-one conversation raises a dispute over publicity. Obscene acts using communication media, on the other hand, only require that the message reach the other person, so one-on-one messages are covered (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 13).

QWhat is the deadline to file a criminal complaint for insult?
A

Within 6 months from the day you learned who the offender is. Insult is an offense prosecuted only upon complaint (Criminal Act, Article 312(1)), and for such offenses no complaint may be filed after that period (Criminal Procedure Act, Article 230(1)). If there was an unavoidable reason preventing a complaint, the period runs from the day that reason ended.

QWhen is a suspended sentence given, and what happens when the period ends?
A

When imposing imprisonment with or without labor of 3 years or less, or a fine of KRW 5 million or less, the court may suspend execution for a period of 1 to 5 years (Criminal Act, Article 62(1)). If the period passes without the suspension lapsing or being revoked, the sentence loses its effect (Article 65). However, a suspended sentence cannot be given for a crime committed before 3 years have passed since finishing a sentence of imprisonment or heavier that became final (Article 62(1), proviso).

QWhat happens if I commit another crime during the suspended sentence period?
A

If a prison sentence of imprisonment or heavier becomes final for an intentional crime committed during the suspension period, the suspended sentence loses its effect (Criminal Act, Article 63). The suspended sentence then becomes subject to execution. Also, if you seriously violate the conditions of probation, community service or a lecture order, the suspended sentence can be revoked (Article 64(2)).

QI sent money to a voice phishing scam. What should I do first?
A

First, report the fraud and request a payment suspension by calling 112, the Financial Supervisory Service at 1332, or the call center of the financial institution you sent the money from. According to Financial Supervisory Service guidance, you should then delete any malicious apps, register as a person whose personal information has been exposed, and check for mobile phones opened in your name. For money sent to a bank account, the victim can apply to the financial institution for damage relief (Telecommunications Financial Fraud Refund Act, Article 3(1)).

QWhat happens if I scratch a parked car and leave without leaving my contact details?
A

It is punishable. A driver who causes an accident must stop immediately and give the victim personal details such as name and phone number (Road Traffic Act, Article 54(1)). If only a parked or stopped car was damaged and you fail to do this, the penalty is a fine of up to KRW 200,000, short-term detention, or a petty fine (Article 156, Subparagraph 10). Leaving without taking action after an accident that injured a person falls under much heavier provisions.

QWhat conduct is punished as stalking?
A

A stalking act is causing anxiety or fear by, against the other person's will and without a justifiable reason, approaching or following them, waiting near their home or workplace, or sending calls or messages. Doing this continuously or repeatedly is a stalking crime (Stalking Punishment Act, Article 2). The statutory penalty is up to 3 years in prison or a fine of up to KRW 30 million, and up to 5 years in prison or a fine of up to KRW 50 million if a weapon is carried (Article 18).

QIf my case is disposed of by a request for a summary order, is the fine final?
A

No. It means the prosecutor asked the court for a summary order. After the court issues a summary order, it has the same effect as a final judgment only if no request for formal trial is filed within 7 days from the day you were notified (Criminal Procedure Act, Articles 453 and 457).

QWhen does the 7 day period to request a formal trial against a summary order start?
A

It starts from the day you were served the court's summary order. The provision sets 7 days from the day of notification of the summary order, and notification is made by service of the written decision (Criminal Procedure Act, Articles 452 and 453). The date of the prosecutor's decision to request a summary order is not the starting point. The request is filed in writing with the court that issued the summary order.

QIf I request a formal trial, can the fine go up?
A

The sentence cannot change to a heavier type. In a case where the defendant requested the trial, the court cannot impose a heavier type of sentence than the summary order (for example, a prison term instead of a fine) (Criminal Procedure Act, Article 457-2(1)). However, the same Article, paragraph 2 requires the court to state its sentencing reasons when it imposes a heavier sentence within the same fine type, so the amount can still change.

QWhat is the statutory penalty for fraud?
A

Obtaining property or a financial benefit by deceiving a person carries up to 20 years in prison or a fine of up to KRW 50 million (Criminal Act, Article 347(1)). This upper limit was raised by a December 2025 amendment. Since a crime is punished under the law in force at the time of the act (Criminal Act, Article 1(1)), the provision in force at that time applies to acts before the amendment. The actual sentence depends on sentencing factors such as the amount of loss, recovery of the loss, and prior record.

QWhat is the difference between an offense not punishable against the victim's wishes and an offense prosecuted only upon complaint?
A

An offense prosecuted only upon complaint cannot be prosecuted without a criminal complaint. An offense not punishable against the victim's wishes can be prosecuted without a complaint, but cannot be prosecuted if the victim does not want punishment. Insult is prosecuted only upon complaint (Criminal Act, Article 312(1)), while assault, intimidation and defamation are not punishable against the victim's wishes. In either case, withdrawing the complaint or stating that you do not want punishment is possible until the first instance judgment is pronounced (Criminal Procedure Act, Article 232).

QWhat is the penalty for driving without a license?
A

Driving a motor vehicle without a license, or while the license is suspended, carries up to 1 year in prison or a fine of up to KRW 3 million (Road Traffic Act, Article 152, Subparagraph 1, Article 43). If you injure a person while driving without a license, the special exemption under the Act on Special Cases concerning the Settlement of Traffic Accidents does not apply either (Article 3(2), proviso, Subparagraph 7).

QIf I settle with the victim of stalking, will I avoid punishment?
A

No. There used to be a provision barring prosecution when the victim did not want punishment (Stalking Punishment Act, Article 18(3)), but it was deleted on July 11, 2023. So now proceedings can continue even with a settlement or a statement that the victim does not want punishment, and the settlement is a circumstance considered in the disposition and sentencing.

QHow long is the statute of limitations for prosecution?
A

It depends on the statutory penalty. It is 10 years for crimes with a maximum of 10 years or more of imprisonment with or without labor, 7 years for a maximum under 10 years, and 5 years for crimes with a maximum under 5 years of imprisonment with or without labor or a fine (Criminal Procedure Act, Article 249(1)). So first check the charge in your case and the upper limit of its statutory penalty.

QWhere and how do I file a criminal complaint?
A

File it with the police in writing or orally. A complaint is made to a judicial police officer in writing or orally, and if made orally, the police prepare the document (Criminal Procedure Act, Article 237). An August 2026 amendment settled the judicial police officer as the place where complaints are received. What matters more than the name of the charge is organizing the facts (when, who, and what was done) and the evidence.

QHow is hit-and-run punished if I just leave after a traffic accident?
A

If you injure a person and flee without giving aid or taking other required action, Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes applies: injury carries a prison term of at least 1 year or a fine of KRW 5 million to KRW 30 million, and death carries life imprisonment or at least 5 years in prison. Even if no one was injured, failing to take action after an accident carries up to 5 years in prison or a fine of up to KRW 15 million (Road Traffic Act, Article 148). The actual sentence depends on sentencing factors such as the extent of harm and recovery.

QIf I go in for police questioning, will I be detained that same day?
A

Appearing for questioning is not detention in itself. Detention requires a warrant issued by a judge, and the judge looks at whether you have no fixed residence, or whether there is a risk of destroying evidence or fleeing (Criminal Procedure Act, Articles 201 and 70). When a warrant is requested, the judge questions the suspect directly, and if there is no defense counsel, the court appoints one on its own authority (Article 201-2).

QWhen and where do I submit a statement that the victim does not want punishment?
A

Submit it to the investigative agency or the court before the first instance judgment is pronounced. The wish not to have the offender punished may be expressed until the first instance judgment is pronounced (Criminal Procedure Act, Article 232(3)), and the Supreme Court considers it to be expressed to the investigative agency or court (2017Do8989). If the case is with the police, the investigator in charge receives it; after indictment, the court division in charge receives it.

QIf I just give the other side a signed settlement agreement, does that count as not wanting punishment?
A

That alone may not be enough. In Supreme Court decision 2017Do8989, the lower court did not find that merely signing a settlement agreement expressed to the investigative agency or court a wish not to punish, and the Supreme Court sent the case back for further review of whether the victim had authorized its submission. You need to confirm who actually submitted it and where.

QIf I change my mind after submitting a statement that I do not want punishment, can I file a complaint again?
A

No. A person who has withdrawn a complaint or withdrawn the wish for punishment cannot file a complaint again (Criminal Procedure Act, Article 232(2) and (3)). If you are the victim, set the order first, for example submitting the statement only after confirming the settlement money has been paid.

QWhat happens if I cannot pay a fine?
A

You may be confined in a workhouse. A fine must be paid within 30 days from the date the judgment becomes final. If not paid, you are confined in a workhouse for a period of 1 day to 3 years, which is set in the judgment (Criminal Act, Articles 69 and 70). Before that, check with the prosecutor in charge of execution whether you can apply for installment payment, deferred payment, or community service.

QWhen is a court-appointed defense counsel assigned?
A

The court appoints one on its own authority in cases such as when the defendant is detained, a minor, 70 or older, suspected of mental disability, or indicted for a crime carrying a minimum of 3 years in prison (Criminal Procedure Act, Article 33(1)). If the defendant cannot hire counsel due to poverty or similar reasons, the defendant may request appointment (the same Article, paragraph 2). The defendant does not choose the court-appointed counsel; the court appoints them.

QCan I pay a fine in installments or replace it with community service?
A

Yes, such systems exist. Installment and deferred payment of fines are set by Ministry of Justice ordinance (Criminal Procedure Act, Article 477(6)), and a person who has not paid a fine within the amount range set by Presidential Decree may apply for community service to the prosecutor of the district public prosecution office with jurisdiction over their residence within 30 days from the date of the prosecutor's payment order (Act on Special Cases concerning the Execution of Community Service for Fine Defaulters, Article 4(1)). The court decides whether to permit it based on economic ability and other factors (Article 6).

QCan entering a store or office be criminal trespass?
A

It can. Criminal Act, Article 319(1) covers not only dwellings but also buildings under someone's management and rooms they occupy (up to 3 years in prison or a fine of up to KRW 5 million). However, there is a Supreme Court en banc decision (2017Do18272) holding that it is not committed when a person enters a restaurant open to the public in the ordinary way with the owner's consent.

QIs it punishable if I do not leave when told to leave?
A

Yes. Criminal Act, Article 319(2) punishes a person who does not comply with a demand to leave with the same penalty as trespass. Even if you had permission to enter, the period after the demand to leave is assessed separately. The starting point is recording when and how you were told to leave.

QIs it intimidation to say I will file a criminal complaint?
A

Those words alone do not immediately constitute intimidation. The Supreme Court holds that announcing harm as an exercise of rights is not intimidation if it is within what is socially acceptable, but that it is intimidation if it is only outwardly an exercise of rights and in substance an abuse of rights (2007Do606, en banc; 2022Do9187). Whether there was a basis for the complaint, whether a demand for money was attached, and the wording and frequency are examined.

QIs simply gambling punishable?
A

Yes. Gambling carries a fine of up to KRW 10 million, with an exception for mere temporary amusement (Criminal Act, Article 246(1)). Habitual gambling carries up to 3 years in prison or a fine of up to KRW 20 million, and opening a gambling place for profit carries up to 5 years in prison or a fine of up to KRW 30 million (Article 246(2), Article 247). Whether it was temporary amusement is judged by looking at the amount, place, relationship among participants and similar factors together.

QWhat is the statutory penalty for theft?
A

Stealing another person's property carries up to 6 years in prison or a fine of up to KRW 10 million (Criminal Act, Article 329). Theft is not an offense barred by the victim's wishes, so proceedings can continue even after settling with the victim, and settlement and recovery of loss are considered in the disposition and sentencing. Sentencing looks at the motive, means and result of the crime, and conduct after the crime (Article 51).

QIf I settle an assault case, will I avoid punishment?
A

For simple assault, yes. Assault under Criminal Act, Article 260 cannot be prosecuted if the victim states that they do not want punishment (the same Article, paragraph 3). The statutory penalty is up to 2 years in prison, a fine of up to KRW 5 million, short-term detention, or a petty fine. This provision does not apply to special assault with a dangerous object (Article 261) or to injury.

QHow does suspended sentencing differ from a suspended sentence?
A

Suspended sentencing postpones the pronouncement of the sentence itself. When imposing imprisonment with or without labor of 1 year or less, suspension of qualifications, or a fine, the court may suspend sentencing if there is clear remorse, except for a person with a prior sentence of suspension of qualifications or heavier (Criminal Act, Article 59(1)). After 2 years from the suspended sentencing, the case is deemed dismissed (Article 60).

QIs it punishable not to return an item found on the street or money sent to me by mistake?
A

It can be. Keeping lost property or property that has left another's possession is embezzlement of lost property, punishable by up to 1 year in prison, a fine of up to KRW 3 million, or a petty fine (Criminal Act, Article 360(1)). This crime also does not end with a settlement, so returning the item or settling is considered in the disposition and sentencing.

QWhat are provisional measures against stalking, and how long do they last?
A

They are measures the court orders against the stalker by decision: a written warning, a ban on approaching within 100 meters of the victim or the victim's home, a ban on contact by phone or message, attachment of an electronic location tracking device, and confinement in a police jail or detention center (Stalking Punishment Act, Article 9(1)). Approach bans and electronic devices may not exceed 3 months, and confinement may not exceed 1 month. Approach bans and similar measures may be extended twice, by 3 months each time (the same Article, paragraph 7).

QDoes a juvenile protection disposition leave a criminal record?
A

It is different from a criminal punishment record. Juvenile Act, Article 32(6) states that a protection disposition for a juvenile has no effect on the juvenile's future status, and a criminal record under the law is based on sentences of a fine or heavier and similar (Act on the Lapse of Criminal Sentences, Article 2). However, how investigation stage data is kept differs by type of disposition.

QWhat is the difference between assault and injury?
A

The dividing line is whether the body was injured. Assault carries up to 2 years in prison, a fine of up to KRW 5 million, short-term detention, or a petty fine. Injury carries up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million (Criminal Act, Articles 260 and 257). If an assault causes a wound, it is assault causing injury and is treated like injury (Article 262). Injury is not an offense barred by the victim's wishes, so proceedings can continue even after a settlement.

QIf I handed cash directly to a voice phishing scammer, is there no way to get it back?
A

The route is different, but it is not closed. The current Telecommunications Financial Fraud Refund Act includes making a person withdraw cash and hand it over in telecommunications financial fraud (Article 2, Subparagraph 2(d)), and in that case allows investigative agencies to ask financial institutions to suspend payment (Article 3(2)). When you report, state exactly how the money was delivered. Whether it is actually recovered depends on the money left in the account.

QWhat are the statutory penalties for using cannabis or drugs?
A

The provision differs by type of drug. Using or possessing cannabis carries up to 5 years in prison or a fine of up to KRW 50 million (Narcotics Control Act, Article 61(1)), and using or possessing certain psychotropic substances carries up to 10 years in prison or a fine of up to KRW 100 million (Article 60(1), Subparagraph 2). Which provision applies depends on the drug's classification, and the actual sentence looks at sentencing factors such as the number of times used and prior record.

QHow long is the statute of limitations for fraud?
A

10 years. The statute of limitations is set by the statutory penalty, and it is 10 years for crimes with a maximum of 10 years or more in prison (Criminal Procedure Act, Article 249(1), Subparagraph 3). The maximum statutory penalty for fraud is 20 years in prison, so it falls in this category (Criminal Act, Article 347). The period runs from when the criminal act ended (Article 252(1)), so the starting point must be checked case by case.

QIf I cannot settle because I do not know the victim's contact details, can I make a deposit?
A

Yes. If the defendant cannot learn the victim's personal details, the defendant can make a criminal deposit at the deposit office in the location of the court where the case is pending, and the deposit form identifies the victim by the case number or another designation instead of the victim's name (Deposit Act, Article 5-2). A deposit is not the same as a settlement with the victim; it is a circumstance weighed in sentencing as a measure of how far the harm has been made good.

QIs saying "Pay me or I will file a complaint" extortion?
A

It can be. Announcing harm to obtain property or a financial benefit raises the issue of extortion (Criminal Act, Article 350, up to 10 years in prison or a fine of up to KRW 20 million). The Supreme Court holds that even a means of realizing a legitimate right counts as starting to commit extortion if the means and methods go beyond what is socially acceptable (2013Do6809).

QI filed a complaint, but the police decided not to refer the case. What is the deadline to object?
A

Within 3 months from the day you received the notice. The complainant or others file the objection with the head of that police agency, and if there is a justifiable reason, the head of that agency may extend the period by up to 6 months from the date the records were sent (Criminal Procedure Act, Article 245-7(1) and (3)). When an objection is filed, the police must refer the case to the prosecutor without delay (the same Article, paragraph 4). The 3 month deadline was introduced by an August 2026 amendment.

QCan a minor file a criminal complaint alone without a parent's consent?
A

Yes. A crime victim may file a complaint (Criminal Procedure Act, Article 223), and the Supreme Court has held that capacity to file a complaint only requires de facto mental capacity, so a minor without legal capacity under the Civil Act can file one if they have that capacity (2011Do4451). Parents can also file a complaint separately as legal representatives (Article 225(1)).

QIf a minor files a complaint, will the parents be contacted?
A

In principle, yes. Article 13 of the Police Criminal Investigation Rules requires that if the person to be notified is a minor, the legal representative or similar and the minor are notified of the investigation's progress. There are exceptions, such as when the offender is the guardian, or when the victim of a sex crime may suffer secondary harm or the investigation may be hindered by the notice, so check with the investigator in charge.

QCan I file a complaint for obscene messages I received as a minor after I become an adult?
A

The possibility remains. If it is a sex crime against a child or youth, such as obscene communication aimed at a minor, the statute of limitations runs from the day the victim reaches adulthood (Act on the Protection of Children and Youth against Sex Offenses, Article 20(1)). Insult, by contrast, cannot be the subject of a complaint once 6 months have passed from the day you learned who the offender is (Criminal Procedure Act, Article 230(1)). Preserve the evidence before the records disappear.

QIs fraud between family members or relatives not punished?
A

It can be punished, but only on complaint. Criminal Act, Article 328(1), as amended on December 31, 2025, provides that when a relative of the victim commits a property crime, prosecution requires a complaint, and this applies to fraud as well (Article 354). This special rule does not apply to accomplices who are not relatives (Article 328(3)).

QDoes a fraud case end if the complaint is withdrawn?
A

No. Fraud (Criminal Act, Article 347) has no provision on the victim's wishes, so withdrawing the complaint does not remove the requirements for prosecution, and a settlement is a circumstance considered in the disposition and sentencing. However, fraud committed by a relative of the victim is an offense that can be prosecuted only on complaint (Criminal Act, Article 354, Article 328(1)).

QWhat is the deadline to appeal a first instance judgment?
A

Within 7 days from the date the judgment is pronounced (Criminal Procedure Act, Article 358, Article 343(2)). The notice of appeal must be filed in writing within that period; once it passes, the judgment becomes final. In a case appealed only by the defendant, the court cannot impose a heavier sentence than the lower court (Article 368).

QWhen is false accusation committed?
A

It is committed when a person reports false facts to an investigative agency or similar body for the purpose of having another person receive criminal or disciplinary punishment, and carries up to 10 years in prison or a fine of up to KRW 15 million (Criminal Act, Article 156). The complainant does not commit false accusation merely because the other person received a no-charge decision; whether the report was false and what the purpose was are examined. If the person confesses or surrenders before the trial or disciplinary decision becomes final, the sentence is reduced or waived (Articles 157 and 153).

QHow is damaging someone else's property punished?
A

Destruction of property carries up to 3 years in prison or a fine of up to KRW 7 million (Criminal Act, Article 366). It covers not only objects but also damaging or hiding documents or electronic records so as to impair their usefulness. This crime also does not end with a settlement, so paying for repairs and settling are circumstances considered in the disposition and sentencing.

QDoes a teenager who is the subject of a complaint always go to the juvenile division?
A

No. For those at least 14 and under 19, both a juvenile protection case and a criminal trial are possible. If the prosecutor finds grounds for a protective disposition, the case is sent to the juvenile division (Juvenile Act, Article 49(1)), and if the juvenile division finds that criminal punishment of imprisonment or heavier is needed, it sends the case to the prosecutor of the district public prosecution office (Article 7(1)).

QIf a teenager is questioned by the police, will the parents be contacted?
A

In principle, yes. Police Investigation Rules, Article 89(2) require that when a juvenile is summoned or questioned, the guardian or a person acting in place of the guardian be contacted without delay. The exception is when contacting them is found inappropriate for the juvenile's welfare.

QI was hit first and fought back. Is that mutual assault?
A

If the counterattack is not recognized as self-defense, both sides can be charged. Self-defense is recognized when the act was to defend oneself or another against present unlawful harm and there was reasonable cause (Criminal Act, Article 21(1)). If the defense exceeded the proper degree, the sentence may be reduced or waived (the same Article, paragraph 2). Whether it was a blocking act must be shown by video or statements, so secure the evidence first.

QCan a victim of a sex crime hire a lawyer? Is a state-appointed one available?
A

Yes. Victims of sexual crimes and their legal representatives may hire an attorney, who can take part in questioning, state opinions, and attend trial hearings (Act on Special Cases concerning the Punishment of Sexual Crimes, Article 27(1) to (3)). If there is no attorney, the prosecutor may appoint a state-appointed attorney, and must do so for victims under 19 (the same Article, paragraph 6).

QWhich law punishes defamation in online comments or posts?
A

If posted on an information and communications network for the purpose of disparaging someone, Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection applies. For true facts, it is up to 3 years in prison or a fine of up to KRW 30 million; for false facts, up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 70 million. If the victim states they do not want punishment, prosecution cannot proceed (the same Article, paragraph 3).

QI only lent out my bankbook or debit card. Can I be punished?
A

You can. Lending access media such as a bankbook or card in exchange for receiving or being promised something in return, or lending or handing them over knowing they will be used for a crime, is prohibited, and a violation carries up to 5 years in prison or a fine of up to KRW 30 million (Electronic Financial Transactions Act, Article 6(3), Article 49(4)). If the account was used for voice phishing, what you knew when you handed it over becomes the issue for whether you are an accomplice to fraud.

QCan a victim receive compensation through the criminal trial itself?
A

You can apply for a compensation order. When the court pronounces a guilty verdict for crimes such as injury, theft, fraud or extortion, embezzlement or breach of trust, and property damage, it may order compensation for direct material loss, medical costs and consolation money on the victim's application (Act on Special Cases concerning Expedition of Legal Proceedings, Article 25(1)). Apply to the court in question until closing arguments end at the first or second instance, with no stamp fee (Article 26(1)). No compensation order is made if the amount of loss is not determined (Article 25(3)).

QI thought it was a high-paying part-time job and passed on money I received. Am I involved in voice phishing?
A

It does not end with the fact that you did not know. The issue is what you knew or could have known at the time. A person who commits telecommunications financial fraud is punished by a prison term of at least 1 year or a fine of 3 to 5 times the criminal proceeds (Telecommunications Financial Fraud Refund Act, Article 15-2), and a person who helped another commit a crime is punished as an accessory with a lighter sentence than the principal (Criminal Act, Article 32). Do not delete the instructions you received or your chat records. Keep them.

Divorce

QHow does divorce by agreement work?
A

There are four steps: application, deliberation period, confirmation hearing, and divorce report. The spouses file an application for confirmation of intent to divorce together with the family court that has jurisdiction over their place of family registration or address and receive guidance. After the deliberation period, they appear together again at the confirmation hearing and receive the judge's confirmation (Rules on the Registration, etc. of Family Relationships, Articles 73 and 74). The divorce takes effect only when it is reported to the city, town or township office within 3 months from the date the certified copy of the confirmation is received (Act on the Registration, etc. of Family Relationships, Article 75).

QWhat documents do I need for a divorce by agreement?
A

The basics are the application for confirmation of intent to divorce and each spouse's family relations certificate and marriage relations certificate. If there is a minor child (including a child in utero), you submit one original and two copies of the agreement on child rearing and designation of the person with parental authority. If you cannot agree, you submit the family court's adjudication and a certificate of finality (Rules on the Registration, etc. of Family Relationships, Article 73). When you apply to the court for your place of residence, you also submit a resident registration certificate.

QCan I go to court alone for a divorce by agreement?
A

Both spouses must attend the application and the confirmation hearing. The couple appears together to file the application and receive guidance, and after the deliberation period both appear again at the confirmation hearing to make their statements (Rules on the Registration, etc. of Family Relationships, Articles 73(1) and 74(1)). If one spouse lives overseas as a Korean national or is in prison, the other may apply alone, and the final divorce report may be filed by one spouse alone at the city, town or township office (the same Rules, Articles 73(2) and 79).

QHow long is the deliberation period for a divorce by agreement?
A

3 months if there is a child to be raised, 1 month if there is not. Confirmation of intent to divorce can be given at the confirmation hearing only after this period has passed from the day you received divorce guidance (Civil Act, Article 836-2(2)).

QCan the divorce deliberation period be shortened or waived?
A

Yes, if there are urgent circumstances. When divorce is urgently needed, for example where violence is expected to cause one spouse unbearable suffering, the family court may shorten or waive the deliberation period (Civil Act, Article 836-2(3)). The court decides based on the circumstances, so it is wise to submit materials showing them.

QWhat happens if my spouse does not appear at the confirmation hearing?
A

If a party fails to appear twice, the application is deemed withdrawn. The same applies where a party received notice and still did not appear twice, or did not receive divorce guidance within 3 months from the day after the application (Rules on the Registration, etc. of Family Relationships, Article 77(2) and (3)). After that, you apply again for a divorce by agreement or consider a judicial divorce.

QWhat if the court confirmed our divorce but we never filed the divorce report?
A

The divorce does not take effect. A divorce by agreement becomes effective only when reported (Civil Act, Article 836(1)), and the family court's confirmation loses effect 3 months after the day the certified copy of the confirmation was received (Act on the Registration, etc. of Family Relationships, Article 75(3)). Either spouse may file the report alone at the city, town or township office.

QCan I sue my spouse's affair partner for consolation money without getting divorced?
A

Yes. The Supreme Court holds that a third party who commits adultery with one spouse and thereby infringes the couple's shared married life commits, in principle, a tort (Supreme Court Decision 2011Meu2997, en banc). However, the unfaithful spouse and the affair partner are jointly and severally liable (2013Meu2441), so a payment by one affects the other. It is wise to decide after also considering your relationship with your spouse.

QI was served with a complaint in a lawsuit against an affair partner. What should I do first?
A

Check the date of service and file an answer within 30 days. A defendant who disputes the claim must file an answer within 30 days of receiving a copy of the complaint (Civil Procedure Act, Article 256(1)). If no answer is filed, the court may treat the facts stated as the cause of the claim as admitted and give judgment without hearing (Article 257(1)). If an answer disputing the claim is filed before judgment is pronounced, judgment without hearing will not be given (proviso to the same paragraph).

QDo I have to pay consolation money even though I did not know the person was married?
A

Not knowing is the central issue for disputing liability. Tort liability requires an unlawful act committed intentionally or negligently (Civil Act, Article 750), so the question is whether you knew, or could have known, that the other person was married. How you first met, conversations in which the person said they were single, and when you learned of the marriage and what you did afterward all serve as evidence.

QWhat is the deadline for suing an affair partner?
A

You must file within 3 years from the day you learned of the damage and the wrongdoer, and within 10 years from the day of the adultery (Civil Act, Article 766). The 2 years from the date of divorce is the period for a claim for division of property (Civil Act, Article 839-2(3)) and is different from the deadline for this lawsuit. The starting point depends on when you learned what.

QAfter more than 10 years of marriage, is property always split 50/50?
A

No. There is no provision that sets the ratio by length of marriage. The family court decides the amount and method of division by considering the amount of property built through both parties' cooperation and other circumstances (Civil Act, Article 839-2(2)), and the Supreme Court also considers all circumstances, including each party's contribution to building the property (97Meu1486). Length of marriage is one of those circumstances.

QCan a full-time homemaker receive a division of property?
A

Yes. The Supreme Court holds that if a spouse contributed to maintaining or increasing the other spouse's property, for example by sharing housework, that property is subject to division (93Seu6). What evidence of contribution you need depends on the shape of the marriage.

QDoes a spouse who had an affair still get a division of property?
A

Yes, they can claim it. The Supreme Court holds that even the spouse responsible for the breakdown of the marriage may claim division of property built through cooperation (93Seu6). Responsibility for the affair is disputed separately through a claim for consolation money, not through division of property.

QIs property owned before marriage or received from parents subject to division?
A

In principle it is excluded, but there are exceptions. Property owned before marriage and property acquired in one's own name during marriage is separate property (Civil Act, Article 830(1)), but the Supreme Court holds that it may be subject to division if the other spouse cooperated in maintaining or increasing it (97Meu1486). Evidence showing the flow of funds, that is how the property was maintained and grew, is important.

QDo my spouse's debts have to be shared in a division of property?
A

Debts incurred in building joint property are included in the settlement. The Supreme Court holds that debts arising from building joint property are subject to division (97Meu1486), and that the burden can be allocated even when debts exceed assets (2010Meu4071). Which debts relate to married life must be examined case by case.

QWe did not divide property in our divorce by agreement. Can I claim it now?
A

Yes, within 2 years from the date of divorce. The right to claim division of property expires 2 years after the date of divorce (Civil Act, Article 839-2(3)). The government's Easy-to-Find Practical Law service explains that for a divorce by agreement the "date of divorce" is the date the divorce was reported, so count from that date.

QWhat if my spouse hides or sells off property?
A

There are court procedures to find property and reverse transfers. If needed, the family court can order a property disclosure, requiring a list of assets, and a property inquiry, searching property held in a party's name (Family Litigation Act, Articles 48-2 and 48-3). A transfer made with knowledge that it would harm the right to claim division of property can be revoked and restored to its original state (Civil Act, Article 839-3).

QCan I receive part of my former spouse's National Pension after divorce?
A

If you meet the requirements, you receive a divided pension. If the actual marriage lasted 5 years or more, you are divorced, your former spouse is entitled to an old-age pension, and you have reached age 60, you receive an equal share of the pension amount attributable to the marriage period (National Pension Act, Article 64). You must claim within 5 years from when all requirements are met, and if a different ratio was set in the division of property, that ratio applies (the same Act, Article 64-2).

QCan I file for divorce if my spouse refuses to divorce?
A

Yes, you can seek a judicial divorce, but there must be a ground for divorce under Civil Act, Article 840. There are six: adultery, malicious desertion, extremely unjust treatment by the spouse or the spouse's lineal ascendants, extremely unjust treatment of your lineal ascendants by the spouse, the spouse's whereabouts unknown for 3 years or more, and any other serious reason making it difficult to continue the marriage. If you both agree, a divorce by agreement is available without any ground (Civil Act, Article 834).

QIs incompatibility alone a ground for divorce?
A

Incompatibility is not listed in the statute. If the other spouse objects and the case goes to trial, the question is whether it falls under Civil Act, Article 840(6), "any other serious reason making it difficult to continue the marriage." The Supreme Court has said it looks at whether the marriage has broken down beyond repair, considering the length of the marriage, children, who is at fault and other circumstances (Supreme Court Decision 2021Meu15480). Results differ from case to case.

QWhich family court should I file a divorce lawsuit in?
A

The family court set by law based on the spouses' addresses. If both live within the same family court's jurisdiction, that court; if one still lives within the jurisdiction of the place where they last lived together, that court; otherwise, the family court for the defendant's address (Family Litigation Act, Article 22). This is exclusive jurisdiction, so the parties cannot change it by agreement.

QDoes a divorce lawsuit have to go through mediation first?
A

Yes, you must first apply for mediation. A judicial divorce is a Category Na family litigation case that requires prior mediation, and if you file a lawsuit without mediation, the court refers the case to mediation (Family Litigation Act, Article 50). A mediated settlement has the same effect as a judicial compromise (the same Act, Article 59(2)). Exceptions apply where the other party can only be summoned by service by publication or where mediation is clearly unlikely to succeed.

QI received a divorce complaint. When is my answer due?
A

Within 30 days from the day you received a copy of the complaint. The Civil Procedure Act applies to family litigation (Family Litigation Act, Article 12), and a defendant who disputes the claim must file an answer within this period (Civil Procedure Act, Article 256(1)). Some rules on admission do not apply to Category Na cases such as divorce (proviso to Family Litigation Act, Article 12), but it is safer to decide whether you are contesting the divorce itself or only its terms and file within the deadline.

QAfter a divorce judgment, by when must the divorce be reported?
A

Within 1 month from the date the judgment becomes final. If no appeal is filed within 14 days of service of the judgment, the judgment becomes final (Family Litigation Act, Article 19(1)), and the party who filed the lawsuit reports within 1 month from that date, attaching a certified copy of the judgment and a certificate of finality (Act on the Registration, etc. of Family Relationships, Articles 78 and 58).

QA long time has passed since I learned of the affair. Is it still a ground for divorce?
A

If the period has passed, you cannot claim divorce on that ground. Civil Act, Article 841 provides that divorce cannot be claimed on the ground of adultery once 6 months have passed from learning of it or 2 years from when it occurred, or if there was prior consent or later forgiveness. First check when you learned of it and whether anything could be seen as forgiveness.

QCan the spouse who had the affair (the spouse at fault) file for divorce?
A

They can file, but in principle the claim is not granted. The Supreme Court does not, in principle, allow a divorce claim by the spouse at fault, but allows it as an exception in special circumstances, such as where the other spouse also has no intention of continuing the marriage, where the spouse at fault has given enough protection and care to offset their fault, or where so much time has passed that assigning fault has lost its meaning (Supreme Court Decision 2013Meu568, en banc).

QDo the debts of divorced parents pass to their children by inheritance?
A

Yes. Even if the parents divorced, the children are heirs. Divorce ends the relationship between the spouses and their in-laws (Civil Act, Article 775), but children are lineal descendants and first-priority heirs, and they inherit debts as well (Articles 1000 and 1005). To avoid this, you must file a renunciation of inheritance or a qualified acceptance with the family court within 3 months from the day you learned that the inheritance commenced (Article 1019(1)).

QIs there anything I can do if I learned of the debts after the 3-month renunciation period?
A

You can make a special qualified acceptance. If, without gross negligence, you did not know within the period that the debts exceeded the inherited property, you can make a special qualified acceptance within 3 months from the day you learned that fact (Civil Act, Article 1019(3)). The 3 months run from the day you learned that the inheritance commenced, not from the date of death, and if you disposed of any inherited property in the meantime, you also submit a list of it with its value (Article 1030(2)).

QIs property divided when a de facto marriage ends?
A

Yes. The Supreme Court holds that the provisions on division of property can be applied by analogy to a de facto marriage (94Meu1379). This assumes there was an intent to marry and an actual shared married life, and there is a decision that the claim must be made within 2 years from the end of the de facto marriage (2020Seu561). Where a de facto marriage ends by the death of one partner, no right to claim division of property is recognized (2005Du15595).

QHow many years must we live together to be recognized as a de facto marriage?
A

There is no time requirement. The Supreme Court looks at whether the parties intended to marry and whether, objectively, there was a married life that can be recognized as a shared life as spouses (94Meu1379). The length of cohabitation is one of several circumstances.

QMy former spouse is not paying child support. What should I do first?
A

First check whether child support is set in a court document. If there is a judgment, adjudication, mediation record, decision in lieu of mediation, or a child support record from a divorce by agreement, you can apply to the family court for a performance order (Family Litigation Act, Article 64), and if the other parent earns a salary, also consider a direct payment order (Article 63-2). If there is no such document, you first need a claim to set child support, and you can also apply to the Child Support Agency for legal or collection support.

QHow is child support set, and until what age is it paid?
A

The parents decide by agreement. If they cannot agree, the family court decides, considering the child's wishes and age, the parents' financial situation and other circumstances (Civil Act, Article 837(3) and (4)). The Supreme Court held that the duty of support ends when the child reaches adulthood (age 19, Civil Act, Article 4) (2018Seu724, en banc). Check the wording of the judgment or record for the exact end date.

QCan I receive child support directly from the other parent's salary?
A

Yes, if the requirements are met. If periodic child support is not paid twice or more without justifiable reason, a child support creditor holding an enforceable title can apply to the family court for a direct payment order. This order requires the income tax withholding agent, such as the employer, to deduct child support from the salary and pay it directly to the creditor (Family Litigation Act, Article 63-2).

QCan violating a child support performance order lead to detention or criminal punishment?
A

If the requirements are met, it can lead to detention and criminal punishment. If, after a performance order, periodic payments are not made for 3 or more installments without justifiable reason, the court may, on the obligee's application, order detention of up to 30 days (Family Litigation Act, Article 68(1)). If the obligor still does not pay within 1 year after the detention order, they face imprisonment of up to 1 year or a fine of up to KRW 10 million, and prosecution cannot be brought against the victim's expressed wishes (Act on Securing and Supporting Child Support Payments, Article 27(2)2).

QWho is eligible for advance payment of child support?
A

A child support creditor who holds an enforceable title and has applied for or is pursuing enforcement procedures. The average child support received in the preceding period must be less than the advance payment amount. The household income test (150% or less of the standard median income) is removed by an amendment taking effect on October 29, 2026 (Act on Securing and Supporting Child Support Payments, Article 21-6). Check the criteria at the time of application with the Child Support Agency.

QCan child support be reduced or increased if circumstances change?
A

You can ask the family court to change it. If necessary for the child's welfare, the family court may change matters concerning child rearing at the request of the father, mother, child or prosecutor, or on its own authority (Civil Act, Article 837(5)). An amount set in a court document is not changed simply because the parties agreed by message to reduce it, so rather than stopping payments unilaterally, it is safer to go through the change procedure.

QCan I still claim past child support? What about the statute of limitations?
A

While the child is a minor, the limitation period does not bar the claim. The Supreme Court decided that the limitation period for past child support that was never set does not run while the child is a minor and begins when the child reaches adulthood and the duty of support ends, overturning a 2011 decision (2008Seu67) that had said no limitation period applied (2018Seu724, en banc). The court decides the amount based on how the child was raised, whether the other parent knew of the duty of support, their financial situation and other factors.

QWe agreed at divorce that no child support would be paid. Can I still claim it?
A

There is a way to claim future child support. The Supreme Court held that, before a specific claim is established or before the payment date arrives, an agreement waiving future child support cannot, absent special circumstances, be seen as binding on the child (2023Meu11758). How much of the costs for periods already past can be recognized depends on the terms of the agreement and the circumstances.

QWhat is the difference between consolation money and division of property in a divorce?
A

Consolation money is damages for responsibility for the breakdown of the marriage, while division of property is the settlement of property the couple built together. Consolation money in a judicial divorce applies, with necessary changes, the damages provisions that include compensation for mental suffering (Civil Act, Articles 843 and 806), and division of property is decided considering the amount of property built through both parties' cooperation and other circumstances (Civil Act, Article 839-2). That is why even the spouse at fault can claim division of property (93Seu6).

QHow much is consolation money in a divorce, usually?
A

There is no amount table set by law. Consolation money is treated as damages for mental suffering in a judicial divorce (Civil Act, Articles 843 and 806), and the court decides the amount based on the specific circumstances of the case. Amounts from other cases cannot simply be applied, and since every case differs, we assess it after reviewing the documents.

QI am a victim of domestic violence. Can I keep my address off the divorce complaint?
A

You can apply to the court for personal information protection measures. If you show a risk of harm to your life or body, the court can take measures so that your address and other details are not disclosed to third parties, including the other party, before allowing inspection, copying or service of the case record (Civil Procedure Act, Article 163(2)), and the Ministry of Gender Equality and Family explains that this also applies to family litigation. Restricting access to your resident registration record at the community service center (Resident Registration Act, Article 29(6)) is a separate system and requires a separate application.

QCan I get a no-contact order even after the divorce?
A

Yes. Article 2 of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence includes a former spouse as a family member, and a victim can ask the court for a victim protection order that may include separation, a ban on approaching within 100 meters, and a ban on contact by telecommunications (Article 55-2). A victim protection order lasts up to 1 year and can be extended up to 3 years in total. Whether a given act is covered is decided on the facts.

QWhat if the other parent will not let me see my child?
A

If visitation is set by a judgment, adjudication, mediation record or similar document, you can apply to the family court for a performance order (Family Litigation Act, Article 64(1)3). If the performance order is also violated without justifiable reason, a fine for negligence of up to KRW 10 million may be imposed (Article 67(1)). Unlike child support, violating visitation is not listed as grounds for detention (Article 68(1)).

QIf the other parent does not pay child support, can I refuse visitation?
A

No. Child support and visitation are separate obligations set out in Civil Act, Article 837(2) and Family Litigation Act, Article 64(1), and neither is written as a condition of the other. If you block visitation that has been set, the other parent can apply for a performance order, so first consider collecting child support through the child support procedures.

QIf my child does not want to meet the other parent, can we skip visitation?
A

Rather than ending it between yourselves, you should go through the court. If necessary for the child's welfare, the family court may restrict, exclude or change visitation at a party's request or on its own authority (Civil Act, Article 837-2(3)). The government's Easy-to-Find Practical Law service also gives a child's unwillingness to meet a parent as an example.

QHow is custody decided in a divorce?
A

The standard is the child's welfare. The parents decide by agreement, but if they cannot agree or the agreement is against the child's welfare, the family court decides, considering the child's wishes and age, the parents' financial situation and other circumstances (Civil Act, Article 837(3) and (4)). No provision sets the standard by the parent's sex, mother or father, and results differ from case to case.

QWhat is the difference between parental authority and custody?
A

Parental authority is the parents' rights and duties, including acting as legal representative of a minor child and managing the child's property. Custody concerns the person who actually lives with and raises the child. In a divorce, the person with parental authority is decided under Civil Act, Article 909(4) and (5), and the custodian under Article 837, so they can be the same person or different people.

QAt what age is a child's opinion considered in a custody decision?
A

If the child is 13 or older, the court must in principle hear the child's opinion. When the family court decides the person with parental authority, custody or visitation, it hears the opinion of a child aged 13 or older, except where the child cannot be heard or there are special circumstances in which hearing the child would harm the child's welfare (Family Litigation Rules, Articles 18-2 and 100). The child's wishes are one of the circumstances the court considers.

QCan custody or parental authority be changed after divorce?
A

You can ask the family court to change it. Matters concerning child rearing can be changed, if necessary for the child's welfare, at the request of the father, mother, child or prosecutor, or on the court's own authority (Civil Act, Article 837(5)), and parental authority can be transferred to the other parent at the request of a relative of the child within the fourth degree (Article 909(6)). An agreement between the parents does not by itself change the person with parental authority on the records.

QIf I sign a written waiver of parental authority, does my parental authority end?
A

A written statement alone does not settle it. Changing the person with parental authority is a family court procedure (Civil Act, Article 909(6)), and even giving up the power to represent the child and manage the child's property requires the court's permission when there is a justifiable reason (Article 927(1)). Parental authority and inheritance are separate, so the child is an heir as a lineal descendant regardless of parental authority (Article 1000).

QWhat is the difference between nullity and annulment of marriage?
A

The grounds and effects differ. Nullity applies only to the four cases in Civil Act, Article 815, such as where there was no agreement to marry or the marriage is between relatives within a certain degree, and a lawsuit can be filed at any time without mediation (Family Litigation Act, Article 23). Annulment applies where there are grounds under Civil Act, Article 816, such as bigamy, fraud or duress; you must first apply for mediation within the period set for each ground, and an annulment judgment does not apply retroactively (Civil Act, Article 824).

QIf my spouse hid debts or a prior marriage before we married, is the marriage null?
A

It is not a ground for nullity. Hidden debts or a prior marriage are not among the grounds for nullity in Civil Act, Article 815, and whether it is a case for annulment due to fraud (Article 816, item 3) or a ground for divorce must be decided on the facts. Annulment on the ground of fraud cannot be claimed once 3 months have passed from learning of the fraud (Article 823). If the prior marriage had not been dissolved, it is bigamy and a ground for annulment (Articles 810 and 816, item 1).

QCan I change my surname to my mother's even though my parents are not divorced?
A

You can ask the family court for permission to change your surname and family origin. Civil Act, Article 781(6) provides that the surname and family origin may be changed with court permission at the request of the father, mother or child when necessary for the child's welfare, and parental divorce is not a requirement. The Supreme Court held that parental consent is not a legal requirement either (2021Seu3), and the court decides whether to grant permission based on the child's welfare.

Rehabilitation and Bankruptcy

QWho is eligible for individual rehabilitation?
A

You can apply if your debts are KRW 1 billion or less unsecured and KRW 1.5 billion or less secured, and you are a wage earner with regular and steady income or a business income earner with continuing and repeated income (Debtor Rehabilitation and Bankruptcy Act, Article 579). In addition, you must be unable to pay your debts or at risk of becoming so. Even if you are eligible, the application can be dismissed if you do not meet document requirements and deadlines or the application is not made in good faith (Article 595).

QCan I apply for individual rehabilitation even if I have not missed payments?
A

Yes. Being in arrears is not a legal requirement. Debtor Rehabilitation and Bankruptcy Act, Article 579 allows not only a person with grounds for bankruptcy but also a person "at risk of such facts arising" to apply. The issue is less whether you are in arrears than whether you can show, through your income, assets and debts, a risk of insolvency. Deliberately falling into arrears in order to apply is a separate matter that must be examined.

QCan I get individual rehabilitation if my debts are small, around KRW 10 to 20 million?
A

The law sets only upper limits (KRW 1 billion unsecured, KRW 1.5 billion secured) and no minimum (Debtor Rehabilitation and Bankruptcy Act, Article 579). However, the plan is approved only if the total repaid over 3 to 5 years is not less than what creditors would receive in a bankruptcy distribution (Article 614(1)4), so with small debts it is wise to compare the benefit with other programs, such as debt adjustment through the Credit Counseling and Recovery Service.

QWhich debt adjustment programs are available at each stage of arrears?
A

The Credit Counseling and Recovery Service directs arrears of 30 days or less (including before arrears if requirements are met) to fast-track debt adjustment, 31 to 89 days to pre-workout debt adjustment, and 90 days or more to individual workout. All three require total debts to financial companies of KRW 1.5 billion or less (KRW 500 million unsecured, KRW 1 billion secured), and principal on debts incurred in the last 6 months must be less than 30% of the total. The court's individual rehabilitation and individual bankruptcy have no arrears period requirement.

QWho is eligible for individual bankruptcy?
A

The legal test is being "unable to pay," that is, insolvency (Debtor Rehabilitation and Bankruptcy Act, Article 305). Court guidance explains that you may apply regardless of the cause or amount of the debt, and that basic livelihood benefits, illness or old age are only evidence of that situation, not automatic eligibility. If you can repay even part of the debt from income but apply for bankruptcy, the application can be dismissed as an abuse (Article 309(2)).

QDo I have to be 90 days in arrears to apply for individual workout?
A

Individual workout itself covers arrears of 90 days or more, but there are separate programs before that. The Credit Counseling and Recovery Service offers fast-track debt adjustment for arrears of 30 days or less and pre-workout debt adjustment for 31 to 89 days, and explains that if you meet requirements such as job loss or long hospitalization you can apply for fast-track debt adjustment even before arrears. You should also consider that a payment order or seizure may proceed while you wait out the arrears period.

QCan a debt collector tell my family about my debt or visit late at night?
A

No. Except when asking about the debtor's whereabouts, a debt collector may not contact family members or other related persons, and even then may not let them know about the debt (Fair Debt Collection Practices Act, Article 8-3). Violence, threats, and visits or calls that cause anxiety, whether repeated without justifiable reason or made between 9 p.m. and 8 a.m. the next day, are also prohibited (the same Act, Article 9).

QTo recover money I lent, do I start with a payment order?
A

To enforce, for example by seizing a bank account or salary, you first need an enforceable title such as a judgment or payment order. A payment order has the same effect as a final judgment if the other party does not object within 2 weeks of service (Civil Procedure Act, Articles 470 and 474). If they still do not pay, you can apply for a property disclosure (Civil Execution Act, Article 61), and if they do not pay within 6 months after it becomes final, you can apply to have them entered in the register of defaulters (Article 70).

QI received a payment order. What should I do?
A

If you dispute any part of it, you must file an objection within 2 weeks from the date of service (Civil Procedure Act, Article 470). This is a peremptory period that cannot be extended, and if no objection is filed, the payment order has the same effect as a final judgment (Article 474) and can be the basis for seizing your bank account or salary. Write down the date you received it.

QWhat is the difference between a workout and individual rehabilitation?
A

A workout is debt adjustment through the Credit Counseling and Recovery Service, finalized with the consent of the creditor financial companies that have joined its agreement. Individual rehabilitation is a procedure in which the court approves a repayment plan. Individual rehabilitation also covers claims outside the agreement, such as private loans and debts between individuals, by including them in the list of creditors. Repayment periods also differ, up to 8 to 10 years for a workout and in principle 3 years (up to 5 years) for individual rehabilitation, so compare them based on your income and debt structure.

QMy parent died leaving debts. By when must I renounce the inheritance or make a qualified acceptance?
A

You must file with the family court within 3 months from the day you learned that the inheritance commenced (Civil Act, Articles 1019(1) and 1041). Renunciation means receiving neither assets nor debts, and qualified acceptance means inheriting on condition that debts are paid only up to the value of the inherited assets (Article 1028). If, without gross negligence, you did not know within the period that the debts were greater, you can make a qualified acceptance within 3 months from the day you learned it (Article 1019(3)).

QWhat is the difference between individual rehabilitation and individual bankruptcy?
A

Individual rehabilitation is a procedure in which you repay from steady income under a repayment plan, in principle for 3 years and up to 5 years in special circumstances, and the remaining debt is then discharged (Debtor Rehabilitation and Bankruptcy Act, Article 611(5)). You do not have to sell your assets. Individual bankruptcy does not require income, but assets are liquidated and distributed, and discharge is decided separately. The debt limits (KRW 1 billion unsecured, KRW 1.5 billion secured) apply only to individual rehabilitation (Article 579).

QHow much does individual rehabilitation cost, and what are the costs besides attorney fees?
A

Payments to the court are the KRW 30,000 stamp fee on the application (Act on Stamps Attached for Civil Litigation, etc., Article 9), service fees set by the court according to the number of creditors, and an advance deposit set by the court (covering service fees, publication costs, the rehabilitation commissioner's fee and so on, Rules on Debtor Rehabilitation and Bankruptcy, Article 87). If court costs are not paid, the application can be dismissed (Debtor Rehabilitation and Bankruptcy Act, Article 595, item 3). Attorney fees have no statutory amount, so get the included services and refund terms in writing and compare.

QI was told my Sunshine Loan was paid by subrogation. What does that mean, and can it be included in debt adjustment?
A

It means the guarantor institution repaid the bank on your behalf, and from then on the Korea Inclusive Finance Agency exercises a right of reimbursement against you (Act on Support for the Financial Life of Ordinary People, Article 54). The Credit Counseling and Recovery Service excludes loans backed by a surety certificate from debt adjustment while the certificate is valid, but explains that after subrogation both the subrogated amount and any debt remaining with the bank are eligible. If you are already in debt adjustment, you apply for a revised adjustment, which requires the consent of the creditor financial companies.

QDoes a discharge in individual rehabilitation wipe out all my debts?
A

No. The discharge covers individual rehabilitation claims listed in the list of creditors. Claims not on the list, some taxes, fines and administrative fines, damages for intentional torts, employees' wages and severance pay, and support costs such as child support are not discharged (Debtor Rehabilitation and Bankruptcy Act, Article 625(2)). The creditor's rights against guarantors are also unaffected (Article 625(3)).

QDo any debts remain after a discharge in individual bankruptcy?
A

Yes. Taxes, fines, minor fines and administrative fines, damages for intentional torts, damages for injury to life or body caused by gross negligence, employees' wages and severance pay, claims maliciously left off the list of creditors, and costs owed as a custodian or person with a duty of support are not discharged (Debtor Rehabilitation and Bankruptcy Act, Article 566). That is why seizures for unpaid taxes can continue even after discharge.

QI paid off the debt behind my bank account seizure. Why is the seizure still in place?
A

A seizure takes effect when the court's order is served on the bank, so paying alone does not lift it. The court clerk notifies the bank only after the creditor withdraws the application for the seizure order or the court cancels it (Civil Execution Rules, Article 160). Get proof of full payment and ask the creditor to withdraw. If the creditor does not, consider court procedures such as a lawsuit objecting to the claim and a stay of execution (Civil Execution Act, Articles 44 and 46).

QHow many days late before arrears appear on my credit record?
A

The number of days is set not by statute but by the standards of the Credit Information Concentration Management Committee. The Financial Services Commission has explained short-term arrears as "KRW 100,000 and 5 business days or more" (credit rating companies) and long-term arrears as "KRW 500,000 and 3 months or more" (Korea Credit Information Services). The record is not erased immediately after you pay, and the law requires arrears information to be deleted within 5 years at most from the date the cause is resolved (Credit Information Use and Protection Act, Article 18(2)).

QHow do I receive a discharge after completing individual rehabilitation repayments?
A

Once repayment under the plan is complete, the court must grant a discharge on application or on its own authority (Debtor Rehabilitation and Bankruptcy Act, Article 624(1)). A discharge takes effect only when it becomes final (Article 625(1)), so even if the decision appears in the case search, the decision, publication and finality are separate steps. If you hired a representative, check whether filing for discharge is within the scope of the engagement.

QWhat is a living expense account, and how much in it is protected from seizure?
A

From February 1, 2026, it is a seizure-exempt account that can be opened at a bank or similar institution, one account per person, managed so that neither the balance nor monthly deposits exceed KRW 2.5 million each (Civil Execution Act, Article 246-2; Enforcement Decree, Article 8). It is not designed so that, combined with protection for cash and other deposits, the total exceeds KRW 2.5 million. Whether the same standard applies to seizures for national tax arrears is not stated directly in the provisions, so check separately.

QHow do I get removed from the register of defaulters?
A

If you prove that the debt was extinguished, for example by payment, and apply for removal, the court must order removal (Civil Execution Act, Article 73(1)). The creditor may also apply for removal, and without an application the court removes the entry on its own authority only after 10 years from the year following registration. The registration is also reported to Korea Credit Information Services (Civil Execution Rules, Article 33).

QWhen is the rehabilitation record deleted after a discharge in individual rehabilitation?
A

A Financial Services Commission notice requires information on rehabilitation, bankruptcy and discharge decisions to be deleted within 5 years from the date the registration cause arose (Regulations on Supervision of Credit Information Business, Article 19(2)3). Checking your own credit information is the accurate way to see your current status. Record deletion is decided by the credit information concentration agency, credit scores by credit rating companies, and card and loan approvals by each financial company, so the timing may differ.

QDo I have to pay old debts? How many years is the statute of limitations?
A

Ordinary claims expire after 10 years (Civil Act, Article 162(1)), and claims from commercial activity, such as loans from financial companies, after 5 years (Commercial Act, Article 64). However, claims established by a judgment or a final payment order become 10 years (Civil Act, Article 165), and a demand by legal action, seizure or acknowledgment of the debt interrupts the limitation period (Article 168). A demand letter alone does not interrupt it unless a lawsuit, seizure or similar step follows within 6 months (Article 174).

QHow long after filing does the commencement decision in individual rehabilitation come?
A

The law requires the court to decide whether to commence within 1 month from the application date (Debtor Rehabilitation and Bankruptcy Act, Article 596(1)). However, if correction orders and additional submissions continue, it can take longer in practice. The commencement decision also sets the creditors' objection period (2 weeks to 2 months from the decision date) and the date of the creditors' meeting, and the debtor must attend the meeting and explain the repayment plan (Article 596(2) and Article 613(2)).

QWhat are the grounds for denying discharge in individual bankruptcy?
A

Debtor Rehabilitation and Bankruptcy Act, Article 564(1) lists acts constituting bankruptcy crimes defined by law, acquiring property on credit within 1 year while hiding the grounds for bankruptcy, submitting a false list of creditors or making false statements about assets, and significantly reducing assets or incurring excessive debt through excessive spending, gambling and the like, among others. Even where a ground exists, the court may grant discharge considering how the debtor came to be bankrupt (the same Article, paragraph 2).

QWhat are prohibition and suspension orders in individual rehabilitation, and when does collection stop?
A

After an application for commencement, if the court finds it necessary, it may order the suspension or prohibition of compulsory execution and provisional attachment, creditors' demands for payment, auctions to enforce security rights, tax delinquency dispositions and the like until it decides whether to commence (Debtor Rehabilitation and Bankruptcy Act, Article 593(1)). Collection does not stop automatically upon application; a court order is required, and if the application is dismissed, suspended proceedings resume (Article 593(3)).

QHow is the individual rehabilitation repayment amount set? Is there a fixed rate of debt forgiveness?
A

There is no fixed forgiveness rate. Repayments are based on disposable income, which is income minus taxes, insurance premiums and the living expenses set by the court (Debtor Rehabilitation and Bankruptcy Act, Article 579, item 4), and the total repayment must not be less than what creditors would receive in bankruptcy (Article 614(1)4). If a creditor objects, the plan must also provide all disposable income and meet the minimum repayment standard (Article 614(2)), so the amount must be calculated case by case.

QWhat is the deadline for a correction order in individual rehabilitation, and will the case be dismissed if I miss it?
A

The law sets no uniform number of days; the deadline is the date written on the correction order you received. If you miss the court's deadline, the application for commencement can be dismissed (Debtor Rehabilitation and Bankruptcy Act, Article 595, item 2), and after commencement it can be grounds for termination (Article 620(2)). Since the wording is "may," it is a matter of discretion, so if you will be late, first notify the court before the deadline.

QCan gambling debts be handled through individual rehabilitation?
A

You can apply. Gambling is not among the grounds for dismissal in individual rehabilitation (Debtor Rehabilitation and Bankruptcy Act, Article 595), and the Seoul Bankruptcy Court also explains that individual rehabilitation is possible even where debts grew through excessive spending or gambling. The court looks at approval requirements, such as providing all disposable income and repaying at least the liquidation value (Article 614), and the good faith of the application. In individual bankruptcy, excessive spending and gambling are separately listed as grounds for denying discharge (Article 564(1)6).

QIf my individual rehabilitation is dismissed, can I apply again?
A

Yes. You can challenge a decision on an application for commencement by immediate appeal (Debtor Rehabilitation and Bankruptcy Act, Article 598), and you can also reapply. When reapplying, you must submit documents from any rehabilitation, bankruptcy or individual rehabilitation case filed within 10 years before the application (Article 589(2)6), and you may be asked to address corrections required in the earlier case, so first check the grounds for dismissal.

QHow much of my salary can be seized?
A

In principle, half of your salary is exempt from seizure (Civil Execution Act, Article 246(1)4). However, if that half is less than KRW 2.5 million per month, up to KRW 2.5 million cannot be seized, and for higher salaries the exempt amount is KRW 3 million per month plus half of (the half amount minus KRW 3 million) (Enforcement Decree, Articles 3 and 4). A salary seizure order is served on the employer, so the employer will know.

QWhy can I not withdraw from my seized account even though the balance is small?
A

The law exempts an individual's total deposit balance of KRW 2.5 million or less from seizure (Civil Execution Act, Article 246(1)9; Enforcement Decree, Article 7; applies to seizures filed on or after February 1, 2026), but to release that portion from a seizure already in place you often need to apply to the court to change the scope of exempt claims. If you are struggling to get by, you can ask for cancellation of all or part of the seizure order in light of your living situation (Article 246(3)).

QCan a sole proprietor (self-employed person) use individual rehabilitation?
A

Yes. Debtor Rehabilitation and Bankruptcy Act, Article 579 treats a person who will continue to earn income repeatedly in the future, such as business income, real estate rental income or farming income, as a business income earner and makes them eligible. In that case, disposable income is income minus taxes, insurance premiums, living expenses and the costs needed to keep the business running (the same Article, item 4). Organize your sales account statements and comprehensive income tax returns in advance.

QWhat documents are needed to apply for individual rehabilitation?
A

The application must be accompanied by a list of individual rehabilitation creditors, a list of assets, a list of income and expenses, documents proving you are a wage earner or business income earner, and a written statement, and if you filed another insolvency case within 10 years, documents from that case as well (Debtor Rehabilitation and Bankruptcy Act, Article 589(2)). The court may request more, such as records of your spouse's assets or financial transaction history, so check every item in the correction order.

QHow many missed individual rehabilitation payments lead to termination?
A

The law sets no number such as "termination after so many missed payments." Grounds for termination after approval include "when it is clear that the approved repayment plan cannot be carried out," and the court decides (Debtor Rehabilitation and Bankruptcy Act, Article 621(1)). The often-cited "3 times" is the point at which the rehabilitation commissioner reports to the court when arrears reach 3 months' worth (Rules on Debtor Rehabilitation and Bankruptcy, Article 88). So regardless of the count, it is safer to explain your situation as soon as you fall behind.

QWhat should I do if I receive a notice of intended termination in individual rehabilitation?
A

First check the deadline and requirements in the notice. The Seoul Bankruptcy Court practice guidelines require a statement explaining the reasons for the delay and a plan to cure the arrears, with supporting materials, within 7 days of service, and other courts follow the deadline in the notice. If your income has dropped and you cannot pay the current amount, you can also submit a proposal to modify the approved repayment plan (Debtor Rehabilitation and Bankruptcy Act, Article 619).

QIf my individual rehabilitation is terminated, what happens to the payments I made?
A

Termination does not affect repayments already made (Debtor Rehabilitation and Bankruptcy Act, Article 621(2)). A termination decision can be challenged by immediate appeal within 14 days from the date of publication (Articles 623 and 13(2)). How to deal with the remaining debt, and whether to reapply, should be decided looking at both how far the earlier case progressed and the reason for termination.

QIs the individual rehabilitation repayment period 3 years or 5 years?
A

In principle it may not exceed 3 years from the start of repayment (Debtor Rehabilitation and Bankruptcy Act, Article 611(5)). However, in special circumstances, such as where it is needed to meet the requirement that total repayment not be less than the bankruptcy distribution, it may be set at up to 5 years. Repayment in principle begins within 1 month from the approval date (Article 611(4)).

QOnce individual rehabilitation commences, what happens to existing bank account or salary seizures?
A

Once commencement is decided, compulsory execution, provisional attachment and demands for payment based on claims in the list of creditors are suspended or prohibited (Debtor Rehabilitation and Bankruptcy Act, Article 600(1)), and when the repayment plan is approved, the suspended compulsory execution in principle loses its effect (Article 615(3)). When the release reaches your bank or employer depends on the progress of the case, so keep a copy of the decision.

QCan I use individual rehabilitation with part-time or day-labor income?
A

Yes. Article 7-2 of the Guidelines for Handling Individual Rehabilitation Cases includes part-time, temporary and day laborers as wage earners regardless of employment type or whether income is reported. The law requires not a minimum income but the likelihood of earning "regular and steady income" (Debtor Rehabilitation and Bankruptcy Act, Article 579, item 2), so the key is showing with documents that the income will continue.

QCan I take out a loan during individual rehabilitation?
A

Money newly borrowed after commencement is not an individual rehabilitation claim (Debtor Rehabilitation and Bankruptcy Act, Article 581(1)), so it falls outside the repayment plan and discharge and must be repaid under its own terms, separately from your monthly payment. A loan itself is not listed as a ground for termination, but if the burden makes it clear that the repayment plan cannot be carried out, the court must terminate the procedure (Article 621(1)2).

QWhat happens to a loan taken after applying for individual rehabilitation but before commencement?
A

Debts arising before commencement are individual rehabilitation claims and must be included in the list of creditors. Claims not on the list are not discharged (Debtor Rehabilitation and Bankruptcy Act, Article 625(2)1), and if a claim was maliciously left out, the court may deny discharge (Article 624(3)1). Tell your representative or the court right away and confirm how to correct the list.

QCan my repayment amount be changed if I lose my job or my income drops during individual rehabilitation?
A

You can submit a modification proposal. The debtor, the rehabilitation commissioner or a creditor may submit a proposal to modify the approved repayment plan before repayment is complete, and the modified plan must again meet the approval requirements (Debtor Rehabilitation and Bankruptcy Act, Article 619). If your income rises, a creditor or the commissioner may also submit a modification proposal. The statutory ground for termination is not leaving a job itself but a state in which it is clear the repayment plan cannot be carried out (Article 621).

QAre losses from cryptocurrency or stocks counted in the liquidation value for individual rehabilitation?
A

Seoul Bankruptcy Court Practice Guideline No. 408 provides that investment losses on stocks and virtual assets are not considered in calculating the liquidation value. The exception is where an investment loss is found to be a disguise for hiding assets, and the court may request documents if it has doubts. The current value of crypto or stocks you still hold is counted as an asset separately, and the standards of other courts must be checked separately.

QCan unpaid taxes be reduced through individual rehabilitation or bankruptcy?
A

Taxes are generally not debts that rehabilitation or bankruptcy reduces. National taxes are collected ahead of other claims (Framework Act on National Taxes, Article 35), and an individual rehabilitation repayment plan must provide for full repayment of individual rehabilitation claims with general priority (Debtor Rehabilitation and Bankruptcy Act, Article 611(1)2). Taxes are not discharged in individual bankruptcy either (Article 566, item 1). First check the tax items and periods in arrears with the tax office.

QIf the person I guaranteed goes through individual rehabilitation, what happens to me as guarantor?
A

The guarantor's liability remains. Debtor Rehabilitation and Bankruptcy Act, Article 625(3) provides that a discharge does not affect the creditor's rights and security against guarantors and others who owe the debt jointly. So even if the principal debtor is discharged, the creditor can still claim against the guarantor, and conversely, when you go through rehabilitation, claims may go to family members who guaranteed your debts, so their debts should be reviewed at the same time.

QWill my mortgaged home go to auction if I file for individual rehabilitation?
A

A creditor holding a security right such as a mortgage has a right of separate satisfaction and can enforce against the collateral outside the individual rehabilitation procedure (Debtor Rehabilitation and Bankruptcy Act, Article 586, applying Articles 411 and 412). From commencement until the approval date, auctions to enforce security rights are suspended or prohibited (Article 600(2)), but after that an auction may proceed depending on how the mortgage loan is being repaid. Whether you can keep the home depends on both the loan terms and the repayment plan.

QIn individual bankruptcy, do I have to give up even my housing deposit and living expenses?
A

No. Property that cannot be seized does not belong to the bankruptcy estate in the first place (Debtor Rehabilitation and Bankruptcy Act, Article 383(1)). In addition, a certain amount of a residential lease deposit and a certain amount of property for 6 months of living expenses can be exempted from the bankruptcy estate on application (Article 383(2)), and the application must be made in writing within 14 days after the bankruptcy declaration, with a list of exempt property and supporting materials (Article 383(3)).

QIf I have received a discharge before, can I apply for individual rehabilitation or bankruptcy again?
A

There are time limits. For individual rehabilitation, receiving a discharge (including a bankruptcy discharge) within 5 years before the application is a ground for dismissal (Debtor Rehabilitation and Bankruptcy Act, Article 595, item 5). For individual bankruptcy, if 7 years have not passed since a previous bankruptcy discharge became final, or 5 years since an individual rehabilitation discharge became final, it is a ground for denying discharge (Article 564(1)4). First check the decision dates in your earlier case.

QWhat happens if I do not attend the property disclosure hearing?
A

If you fail to appear without justifiable reason, the court may order detention of up to 20 days (Civil Execution Act, Article 68(1)), and it is also a ground for entry in the register of defaulters (Article 70(1)2). Even if you have no assets, you are procedurally required to attend, submit a list of assets and take an oath, and submitting a false list is punishable by imprisonment of up to 3 years or a fine of up to KRW 5 million (Article 68).

QWhen do collection calls stop after I apply for debt adjustment with the Credit Counseling and Recovery Service?
A

The Credit Counseling and Recovery Service states that for fast-track debt adjustment, pre-workout debt adjustment and individual workout alike, "collection against the debtor and guarantors stops from the day after application." However, this covers claims of creditor financial companies that have joined the Credit Recovery Support Agreement, so debts outside the agreement (such as debts between individuals) may still bring separate demands or enforcement. How existing seizures are handled must also be checked separately.

QWho can apply to the New Start Fund or the New Leap Fund?
A

According to the Credit Counseling and Recovery Service, the New Start Fund covers sole proprietors and small business owners who ran a business between April 2020 and June 2025, so it is not an option for ordinary debtors. The New Leap Fund buys up, in bulk and without a separate application, individual claims that have been in arrears for 7 years or more with combined principal of KRW 50 million or less per financial company, so it differs in nature from debt adjustment that individuals choose and apply for.

QIf my parent files for individual bankruptcy, does it affect me as their child?
A

Court guidance explains that the disadvantages of a bankruptcy declaration are limited to the bankrupt person and do not extend to family. However, if the child is a guarantor, the liability as guarantor remains separately, and if debts remain after the parent's death, renunciation of inheritance or qualified acceptance must be considered separately.

QSomeone who borrowed money from me filed for individual rehabilitation. What can I do as a creditor?
A

If you disagree with the list of creditors, you can file a written objection within the objection period set by the court (Debtor Rehabilitation and Bankruptcy Act, Article 604(1)), and you can state objections to the repayment plan at the creditors' meeting (Article 613(5)). If there is an objection, the court approves the plan only if additional requirements are met, such as providing all disposable income and meeting the minimum repayment amount (Article 614(2)). Start by checking the period in the court's notice.

QIf the debtor receives a discharge, do I lose every bit of the money I lent?
A

Not necessarily. Damages for intentional torts, support costs such as child support, claims not on the list of creditors and certain others are excluded from an individual rehabilitation discharge (Debtor Rehabilitation and Bankruptcy Act, Article 625(2)). In bankruptcy, a creditor can file an objection within the set period by showing grounds for denying discharge (Article 562). Rights against guarantors and security also remain intact (Article 625(3)).

School Violence

QIs it school violence if there was no hitting, only insults, gossip, or call-outs in a group chat?
A

It can be. The Act on the Prevention of and Countermeasures against Violence in Schools defines school violence broadly: not only assault and injury against a student, but also defamation, insult, ostracism, cyberbullying and other acts that cause physical, mental or property harm (Act on the Prevention of and Countermeasures against Violence in Schools, Article 2). Whether measures are actually imposed is decided by the School Violence Countermeasures Committee, which looks at seriousness, persistence, intent, the degree of remorse and the degree of reconciliation (Enforcement Decree of the same Act, Article 19).

QCan I report school violence even if I am not sure it counts as school violence?
A

Yes. Anyone who witnesses school violence or learns of it is expected to report it to the school or another relevant body, and no one may disadvantage the reporter because of the report (Act on the Prevention of and Countermeasures against Violence in Schools, Article 20(1) and (5)). Whether it counts as school violence is decided after the report, through fact-finding by the school's dedicated team and review by the School Violence Countermeasures Committee.

QIf I am harassed through an anonymous Q&A app or social media, can the police trace the IP address?
A

When needed for an investigation, investigative agencies can obtain court permission and ask telecommunications providers for communication confirmation data such as access location tracing data (Protection of Communications Secrets Act, Article 13). Whether the person can actually be identified depends on what records the service operator keeps, so the result cannot be predicted in advance. If you suspect a student at the same school, you can also file a school violence report.

QCan I get the details of the person who posted malicious comments directly, without going through the police?
A

There is a route through the dispute mediation panel. A person who claims their rights were infringed can ask the dispute mediation panel of the Korea Media and Communications Standards Commission to disclose the minimum information about the user, such as name and address, for dispute mediation or a civil or criminal lawsuit (Act on Promotion of Information and Communications Network Utilization and Information Protection, Article 44-6). The information received cannot be used for any other purpose (the same Article, paragraph 3).

QUnder the Act on the Protection of Children and Youth against Sex Offenses, is merely viewing child sexual exploitation material punishable?
A

Yes, under the text of the law. Article 11(5) of the Act on the Protection of Children and Youth against Sex Offenses sets imprisonment for a definite term of at least 1 year for anyone who "purchases, possesses or views" child or youth sexual exploitation material, and an amendment on April 22, 2025 removed the earlier wording "knowingly." Whether a specific act falls under this provision is decided on the facts.

QWhere do I report school violence? Can I call 117?
A

Both the school and 117 work. Besides channels inside the school, such as the homeroom teacher, the teacher in charge, a report box or a private message board, you can report to the 117 School Violence Report Center run by the Korean National Police Agency (call 117, text #0117) or to 112 (Enforcement Decree of the Act on the Prevention of and Countermeasures against Violence in Schools, Article 30). Whichever channel you use, the receiving body notifies the principal of the student's school, and the principal notifies the School Violence Countermeasures Committee (the Act, Article 20(2) and (3)).

QIf I report school violence, will my parents be contacted?
A

Yes, guardians are notified. The body that receives a report must notify the guardians of the accused student and the victim student and the head of the school concerned (Act on the Prevention of and Countermeasures against Violence in Schools, Article 20(2)). If it is hard to tell your parents yourself, you can first discuss how to let them know with your homeroom teacher or through 117 counseling.

QIf I report, will the other side find out who reported?
A

People who handle school violence matters may not disclose materials related to a reporter or informant (Act on the Prevention of and Countermeasures against Violence in Schools, Article 21(1)). Disadvantaging a reporter because of a report is also prohibited (Article 20(5)). However, how much of the facts reaches the other side during investigation and review differs case by case, so check with the school.

QWho investigates at the school after a school violence report?
A

The school's dedicated team confirms the facts. The principal forms a dedicated team of the vice principal, counseling teacher, health teacher, teacher in charge, parents and others (with parents making up at least one third), and on learning of school violence must have the team confirm the facts of the harm without delay (Act on the Prevention of and Countermeasures against Violence in Schools, Article 14(3) and (4)). The victim student or a guardian can also ask the dedicated team to conduct a fact-finding survey (the same Article, paragraph 6).

QAfter a school violence report, is the accused student separated from the victim right away?
A

In principle, yes. On learning of a school violence case, the principal must separate the perpetrator (including a teacher) from the victim student without delay unless there are special circumstances such as the victim student objecting (Act on the Prevention of and Countermeasures against Violence in Schools, proviso to Article 16(1)), and must without delay order the accused student not to contact, threaten or retaliate (Article 17(4)).

QWhat protective measures are available for a victim student?
A

Psychological counseling and advice, temporary protection, treatment and recuperation for treatment, a change of class, and other necessary measures (Act on the Prevention of and Countermeasures against Violence in Schools, Article 16(1)). When the School Violence Countermeasures Committee requests it, the superintendent of the district office of education takes the measure within 7 days with the guardian's consent (paragraph 3), and absences due to protective measures can be counted as attendance if the principal approves (paragraph 4).

QWho pays for the victim student's counseling and treatment costs?
A

In principle, the guardians of the accused student. The costs of psychological counseling, temporary protection, and treatment or recuperation for the victim student are borne by the accused student's guardians, and for prompt treatment, if the principal or the victim student's guardian wishes, the School Safety Mutual Aid Association or the provincial office of education pays first and then claims the amount from the accused side (Act on the Prevention of and Countermeasures against Violence in Schools, Article 16(6)).

QIf a part-time worker at a convenience store sells alcohol or cigarettes to a minor, is the owner also punished?
A

The owner can also face a fine. A person who sells alcohol or tobacco to a juvenile faces imprisonment of up to 2 years or a fine of up to KRW 20 million (Juvenile Protection Act, Article 59, item 6), and when an employee violates the law in the course of business, the business owner can also be fined, unless the owner did not neglect due care and supervision (Article 62). Separately from criminal proceedings, administrative sanctions such as a business suspension can follow.

QDoes a juvenile protective disposition leave a criminal record?
A

The Juvenile Act provides that a protective disposition does not affect the juvenile's future status in any way (Juvenile Act, Article 32(6)). There are 10 types of protective disposition, from type 1, entrusting the juvenile to the custody of a guardian, to type 10, long-term commitment to a juvenile reformatory (the same Article, paragraph 1). If a decision not to open a hearing or a decision of no disposition is made, the investigation history record is kept for 3 years from the date of the decision and then deleted (Act on the Lapse of Criminal Sentences, Article 8-2).

QAre the Teachers' Rights Protection Committee and the student guidance committee the same thing?
A

No. Under Article 25 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, measures for teachers' rights protection are requested by the regional Teachers' Rights Protection Committee at the district office of education and imposed by the superintendent. School discipline, such as through a student guidance committee, is imposed by the principal under Article 18 of the Elementary and Secondary Education Act, as set by statute and school rules. The name of the disciplinary body inside a school is set by the school rules.

QWhat measures can the Teachers' Rights Protection Committee impose on a student?
A

There are 7: community service at school, community service in society, special education or psychological treatment, suspension from attendance, a change of class, transfer to another school, and expulsion, and expulsion does not apply to students in compulsory education (Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities, Article 25(2)). The student or guardian must be given a chance to state their opinion before a measure is requested (the same Article, paragraph 6), and which measure results differs case by case.

QWhere is the School Violence Countermeasures Committee held?
A

At the district office of education, not at the school. The committee is set up at the district office of education (Act on the Prevention of and Countermeasures against Violence in Schools, Article 12(1)), has at least 10 and no more than 50 members, and at least one third of them are appointed from parents of students at schools in the district (Article 13(1)). Meetings are not open to the public (Article 21(3)).

QIf the victim wants it, must the School Violence Countermeasures Committee be convened?
A

Yes. If the victim student or a guardian requests it, the chair of the committee must convene a meeting (Act on the Prevention of and Countermeasures against Violence in Schools, Article 13(2), item 3). A principal may resolve a minor case within the school only when the victim student and guardian do not want the committee to be convened (Article 13-2(1)).

QCan I state my views in person at the School Violence Countermeasures Committee?
A

Yes. Before requesting measures against the accused student, the committee must give the accused student and guardian a chance to state their opinion (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17(8)), and before requesting protective measures for the victim student, it must give the victim student and guardian the same chance (Article 16(2)). It helps to arrange the facts and materials in date order before you go.

QWhat are measures 1 through 9 against an accused student?
A

Measure 1 is a written apology, 2 is a ban on contact, threats and retaliation, 3 is community service at school, 4 is community service in society, 5 is special education or psychological treatment, 6 is suspension from attendance, 7 is a change of class, 8 is transfer to another school, and 9 is expulsion (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17(1)). Several measures can be imposed together, and expulsion under measure 9 does not apply to students in compulsory education.

QCan I know in advance which measure the committee will impose?
A

It cannot be predicted with certainty. The committee decides the measure by considering the seriousness, persistence and intent of the school violence, the accused student's remorse, the potential for guidance, the degree of reconciliation, and whether the victim student has a disability (Enforcement Decree of the Act on the Prevention of and Countermeasures against Violence in Schools, Article 19). Every case is different, so the assessment is made after reviewing the documents.

QWhat happens if a student does not carry out a school violence measure such as a written apology or special education?
A

It can lead to additional measures and an entry in the school record. If a student refuses or avoids measures 2 through 9, the committee can ask the superintendent to impose another measure (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17(15)), and measures 1 through 3 are also entered in the school record if they are not carried out (Enforcement Rule of the Elementary and Secondary Education Act, Article 21(3)).

QWhat happens if the accused student retaliates because I reported?
A

It is grounds for heavier measures. If the reason for a measure is threats or retaliation (including online) against the victim student or the student who reported, measures 6 through 9 can be added or made heavier (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17(2)). When retaliation is reported, the chair of the committee must convene a meeting (Article 13(2), item 5).

QI only received measure 1, a written apology. Will it stay in the school record?
A

In principle it is not entered if the measure is carried out. Measures 1 through 3 are entered in the school record only if the measure was not carried out, or if the student receives another measure for a different school violence case while attending the same school level (Enforcement Rule of the Elementary and Secondary Education Act, Article 21(3)). If a further measure is imposed, the earlier measures 1 through 3 are entered as well.

QWhen is a school violence entry deleted from the school record?
A

It depends on the measure and when the case was reported. Under the current rule, measures 1 through 3 are deleted on graduation, measures 4 and 5 two years after the graduation date, and measures 6 through 8 four years after the graduation date, and measures 4 through 7 can be deleted on graduation after review by the dedicated team just before graduation (Enforcement Rule of the Elementary and Secondary Education Act, Article 22). Cases reported before March 1, 2024 follow the previous rules (Addenda, Article 4), so deletion cannot be promised in advance.

QAre school violence records also considered in regular (CSAT-based) university admissions?
A

Yes. The basic plan for 2027 university admissions posted by the Ministry of Education requires school violence measures to be reflected in all admission tracks, not only school record tracks but also CSAT, essay and practical skills tracks, and leaves the method to each university. The size of any deduction or any restriction on eligibility must be checked in the admission guidelines of the university you apply to.

QIs a parent hitting a child as discipline also child abuse?
A

It can be. Article 915 of the Civil Act, which provided for a parent's right to discipline, was deleted on January 26, 2021, and guardians must not inflict physical pain or mental pain such as verbal abuse on a child (Child Welfare Act, Article 5(2)). Whether a specific act is physical or emotional abuse (Article 17) is decided from what was done and how it happened.

QCan corporal punishment by a schoolteacher be child abuse?
A

It can. When guiding students, methods that inflict physical pain on a student using tools or the body are prohibited (Enforcement Decree of the Elementary and Secondary Education Act, Article 40-3). A teacher's legitimate educational activities and student guidance are not treated as child abuse (Act on Special Cases concerning the Punishment of Child Abuse Crimes, proviso to Article 2, item 3), so the issue is whether the act was legitimate student guidance.

QWhere do I report child abuse? Do I need evidence?
A

A suspicion is enough to report. Anyone who learns of a child abuse crime or suspects one can report it to the city or province, the city, county or district office, or an investigative agency (Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 10(1)). Disclosure of the reporter's identity is prohibited, and no one may be disadvantaged for reporting (Article 10(3) and Article 10-2).

QThe school wants to end it with an apology. Do we have to go along?
A

No. A principal may resolve a case within the school only if it is minor: no medical certificate of 2 weeks or more, no property damage or the damage has been restored, the conduct was not ongoing, and it was not retaliation, and only when the victim student and guardian do not want the committee to be convened, which is confirmed in writing (Act on the Prevention of and Countermeasures against Violence in Schools, Article 13-2). If the victim side wants it, the committee is convened.

QI was told the case was referred to the juvenile division. What happens next?
A

The juvenile division judge decides whether to hold a hearing. After an investigation by a probation officer and other steps, the judge decides not to open a hearing if one is unnecessary, or to open one if it is needed (Juvenile Act, Articles 19 and 20), and if a hearing is opened, the juvenile and guardian are summoned (Article 21). After the hearing, the judge decides on no disposition if a protective disposition is unnecessary, or on one of protective dispositions 1 through 10 if it is needed (Articles 29 and 32).

QCan we go to juvenile court without a lawyer? Is there a court-appointed assistant?
A

The court appoints one in some cases. If the juvenile is committed to a juvenile classification review center and has no assistant, the court must appoint an attorney or other person as assistant (Juvenile Act, Article 17-2(1)), and even without commitment, the court can appoint one on its own motion or on application where a disability is suspected or the juvenile cannot hire one due to poverty or similar reasons (the same Article, paragraph 2).

QWhat is the age limit under the Act on the Protection of Children and Youth against Sex Offenses?
A

Under 19. Article 2, item 1 of the Act defines children and youth as persons under 19, and child or youth sexual exploitation material includes not only material showing actual children or youth but also material showing persons or depictions clearly recognizable as children or youth (the same Article, item 5). Other laws can use different age limits, so first confirm which law applies.

QIf a school violence measure is too light, can the victim file an administrative appeal?
A

Yes. A victim student or guardian who objects to the superintendent's protective measures for the victim or measures against the accused student can file an administrative appeal or an administrative lawsuit (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17-2(1) and Article 17-3(1)). The accused student and guardian can also challenge measures against the accused student, and outcomes differ case by case.

QWhat is the deadline for a school violence administrative appeal or administrative lawsuit?
A

Both must be filed within 90 days of learning of the disposition. An administrative appeal must be filed within 90 days of learning of the disposition and within 180 days of the disposition (Administrative Appeals Act, Article 27), and a revocation lawsuit within 90 days of learning of it and within 1 year of the disposition (Administrative Litigation Act, Article 20). In school violence cases, you can also go straight to a lawsuit without first filing an administrative appeal (Administrative Litigation Act, Article 18(1)).

QDoes filing an administrative appeal stop a transfer or suspension from attendance?
A

Filing alone does not stop it. An administrative appeal or lawsuit does not suspend the effect of the disposition (Administrative Appeals Act, Article 30(1); Administrative Litigation Act, Article 23(1)), so a separate stay of execution must be obtained. Before deciding on a stay of a measure against the accused student, the victim side must be heard, and if the stay is granted, the victim side can request separation (Act on the Prevention of and Countermeasures against Violence in Schools, Article 17-4).

QCan I see the minutes of what was said at the School Violence Countermeasures Committee?
A

Yes, on request. Committee meetings are closed, but if the victim student, the accused student or a guardian applies to inspect or copy the minutes, the committee must disclose them with personal information removed, such as the names, resident registration numbers and addresses of students and families and the names of committee members (Act on the Prevention of and Countermeasures against Violence in Schools, Article 21(3)).

QCan I both report school violence to the school and file a criminal complaint with the police?
A

Yes, they can proceed separately. The school process is one in which the School Violence Countermeasures Committee at the district office of education decides educational measures under the Act on the Prevention of and Countermeasures against Violence in Schools, while acts such as assault or injury can separately be the subject of a criminal complaint as crimes under the Criminal Act (Criminal Act, Articles 260 and 257). Which process to start first, and how the result of one affects the other, differs case by case.

QAre private academy instructors mandatory reporters of child abuse?
A

Yes. Workers at schools, private academies, daycare centers, kindergartens, medical institutions and similar places are mandatory reporters who must report immediately when they learn of or suspect a child abuse crime in the course of their duties, and this includes the operators, instructors and staff of private academies (Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 10(2)). A mandatory reporter who fails to report faces an administrative fine of up to KRW 10 million (Article 63).

QIf the accused student is under the age of criminal responsibility, can no school violence measure be imposed?
A

No, measures can still be imposed. A person under 14 is not subject to criminal punishment (Criminal Act, Article 9), but the Act on the Prevention of and Countermeasures against Violence in Schools has no provision excluding students under 14 from measures against accused students (the Act, Articles 2 and 17). Also, a juvenile aged 10 or older but under 14 who commits an act that violates criminal law can become the subject of a juvenile protection case in the juvenile division (Juvenile Act, Article 4(1), item 2).

QIs the age of criminal responsibility counted by birthday?
A

Yes, it is counted in full years of age. Age is calculated in full years, counting the day of birth (Civil Act, Article 158), and the Criminal Act provides that an act of a person who has not reached 14 is not punished (Criminal Act, Article 9). Because the provision is based on the "act," the full age at the time of the act is what counts, and a juvenile aged 10 or older but under 14 can become the subject of a juvenile protection case (Juvenile Act, Article 4).

QCan I bring a civil damages claim against the parents of the accused student?
A

In some cases, yes. If a minor lacks the capacity to understand responsibility and so is not liable, the parents, who have a legal duty of supervision, are liable for damages unless they did not neglect that duty (Civil Act, Articles 753 and 755). Where the child does have that capacity, the parents' liability is assessed separately in each case. The claim expires 3 years from the date the victim learned of the damage and the perpetrator, or 10 years from the date of the unlawful act (Civil Act, Article 766).

QCan I file a police complaint about school violence that happened years ago?
A

Yes, if the statute of limitations for prosecution has not run. The limitation period depends on the statutory penalty: for example, 5 years for assault (up to 2 years' imprisonment, etc.) and 7 years for bodily injury (up to 7 years' imprisonment, etc.) (Criminal Procedure Act, Articles 249(1) and 250; Criminal Act, Articles 260 and 257). The period differs depending on the crime, so first write down the dates and details of what happened.

Hiring a Lawyer and Fees

QHow do I send a certified letter of demand?
A

You submit one original and two copies of the document at a post office counter, or submit an electronic file through the online post office (Enforcement Rule of the Postal Services Act, Article 48(1) and (3)). The names and addresses of sender and recipient on the original, the copies and the envelope must match (the same Rule, Article 51(1)). The post office certifies what document was sent and when, and if you also want a record of the delivery date and who received it, apply for proof of delivery at the same time (the same Rule, Article 25(1), item 4).

QSomeone will not repay money I lent. How do I apply for a payment order?
A

You file an application for a payment order with the court that has jurisdiction over the debtor's address or another proper venue, or apply through electronic litigation (Civil Procedure Act, Article 463). It covers claims for payment of a fixed quantity, such as money, and the court issues the payment order on the documents alone without questioning the debtor (the same Act, Articles 462 and 467). The stamp fee is one tenth of the fee for a lawsuit for the same amount (Act on Stamps Attached for Civil Litigation, etc., Article 7(2)).

QCan I handle a civil lawsuit on my own without a lawyer?
A

Yes. A party can conduct a civil lawsuit in person, and anyone else acting on the party's behalf must in principle be an attorney (Civil Procedure Act, Article 87). The complaint states the parties and any legal representative, and the relief sought and the grounds for the claim, and is filed with the court (the same Act, Articles 248 and 249). What people acting alone most often miss are deadlines, such as 30 days for an answer and 2 weeks for an appeal.

QWhere can I get free legal advice?
A

The main public channels are the Korea Legal Aid Corporation and the Ministry of Justice's Village Lawyer program. The Corporation offers phone advice at 132 (no area code needed) as well as in-person, chat, video and online consultations; the phone line covers only simple matters, and in-person consultation is recommended for complex cases. Residents of towns and neighborhoods with an assigned village lawyer can get advice by phone, fax or email, and the contact details are available from the local community center or the regional bar association.

QWhen is a court-appointed defense attorney assigned?
A

If a defendant in a criminal trial has no defense counsel, the court appoints one on its own motion in cases such as when the defendant is detained, is a minor or is 70 or older, or is indicted for an offense punishable by imprisonment with or without labor for a minimum of 3 years or more (Criminal Procedure Act, Article 33(1)). Even outside these cases, a defendant who cannot hire counsel due to poverty or similar reasons can ask the court to appoint a court-appointed defense attorney (the same Article, paragraph 2).

QHow are attorney fees structured? What is the difference between a retainer and a success fee?
A

There is no fixed official rate. Fees are set by the engagement agreement between the client and the attorney. They are commonly split into a retainer paid when the case is entrusted and a success fee paid when the result defined in the agreement is achieved. Which items are paid on which conditions follows what the agreement says, and the specific amounts depend on the type, stage and difficulty of the case.

QShould I use a payment order or a civil lawsuit?
A

It depends on whether the other side admits the debt. The court explains that a payment order is fast and economical when the debtor admits borrowing but does not pay, but when the debtor claims never to have borrowed or to have already repaid, an objection will likely turn it into a lawsuit anyway, so mediation or a lawsuit from the start may be better. Claims for surrender of a building, delivery of land, or registration of ownership transfer cannot be made by payment order.

QIf I receive a certified letter of demand and do not reply, does that mean I admit what it says?
A

No. According to the Ministry of Government Legislation's Easy-to-Find Practical Law service, a certified letter is a postal service in which the post office certifies the content of the document and the fact it was sent, and the recipient does not suffer a legal disadvantage just for not rebutting it. However, a declaration of intent contained in the letter, such as a claim or termination of a contract, takes effect when it reaches the other party (Civil Act, Article 111(1)), so check the deadlines and content stated in it.

QWho pays for a court-appointed defense attorney?
A

The state pays first, but the judgment can order the defendant to bear the cost. The fee of a court-appointed defense attorney is part of criminal litigation costs (Act on Criminal Litigation Costs, etc., Article 2), and when the court imposes a sentence, it must order the defendant to bear all or part of the litigation costs, except where the defendant cannot pay due to financial circumstances (Criminal Procedure Act, Article 186(1)).

QI received a civil complaint. When is my answer due?
A

Within 30 days from the date you were served with a copy of the complaint (Civil Procedure Act, Article 256(1)). If you do not file an answer within this period, the court can treat you as having admitted the facts of the claim and give judgment without a hearing (the same Act, Article 257(1)). Check the date you were served first.

QI received a payment order. What is the deadline to object?
A

Within 2 weeks from the date you were served with the payment order. This is a peremptory period that cannot be extended, and if no objection is filed, the payment order has the same effect as a final judgment (Civil Procedure Act, Articles 470 and 474). The court explains that the objection only needs to state that you cannot comply with the payment order, and no reasons need to be given.

QWhat should I check in an engagement agreement with an attorney?
A

The scope of the case, the fee, how the fee is paid, and the costs not included in the fee. Article 32 of the Korean Bar Association's Code of Ethics for Attorneys requires these items to be set clearly and the agreement to be made in writing where possible. Disputes can be reduced by also writing down which stage (investigation or trial) and which instance the engagement covers, the basis and timing of any success fee, how fees are settled on early termination, and the name of the attorney in charge.

QWill the Korea Legal Aid Corporation take on a lawsuit for anyone?
A

No. Advice is available through the 132 phone line and other channels, but the Corporation's litigation representation and criminal defense are provided to people eligible for legal aid, and the Corporation states its general income threshold as 125% or less of the standard median income. Legal aid may not charge fees, but litigation costs and certain attorney fees are exceptions (Legal Aid Act, Article 7; Enforcement Decree of the same Act, Article 4), so depending on the category you may pay actual litigation expenses and similar costs.

QIs a court-appointed defense attorney assigned at the police questioning stage?
A

The law does not provide for court appointment in ordinary police questioning. In the investigation stage, court appointment is provided for at the pre-detention warrant hearing following a request for a detention warrant (Criminal Procedure Act, Article 201-2(8)) and at the review of the legality of arrest or detention (the same Act, Article 214-2(10)). In other questioning, counsel hired by the suspect can attend the interrogation on request (the same Act, Article 243-2(1)).

QAre there court-appointed lawyers in civil lawsuits?
A

No. Court-appointed defense attorneys are a system for defendants in criminal trials (Criminal Procedure Act, Article 33). In civil lawsuits, a person without sufficient funds can apply to the court for litigation aid and receive deferral of court costs, deferral of attorney fees and similar relief (Civil Procedure Act, Articles 128 and 129), and there is a separate route of receiving litigation representation through the Korea Legal Aid Corporation's legal aid.

QIf I lose a lawsuit, do I have to pay the other side's attorney fees too?
A

You may pay part of them, but not the full fee the other side paid. In principle, the losing party bears the litigation costs (Civil Procedure Act, Article 98), and attorney fees count as litigation costs only within the amounts set by Supreme Court rules (the same Act, Article 109(1)). If the judgment does not fix the amount, a decision fixing the amount of litigation costs is obtained by application after the judgment becomes final (the same Act, Article 110).

QIf the other side objects to a payment order, do I have to start over?
A

No. When an objection is filed, the lawsuit is deemed to have been filed at the time the payment order was applied for, and the case moves straight into litigation (Civil Procedure Act, Article 472(2)). However, the creditor must pay the difference up to the complaint stamp fee within the period set by the court, or the application will be dismissed (the same Act, Article 473).

QWhen can I hire a lawyer in a criminal case?
A

From the investigation stage, before police questioning. A suspect can hire defense counsel (Criminal Procedure Act, Article 30(1)), counsel can attend the suspect's interrogation on request (the same Act, Article 243-2(1)), and an appointment made before indictment is also effective for the first instance (the same Act, Article 32(2)). When to hire counsel differs from case to case, for example depending on whether you contest the charges or whether detention is possible, so the assessment is made after reviewing the documents.

QCan family members hire a lawyer on behalf of a detained relative?
A

Yes. The legal representative, spouse, lineal relatives and siblings of a suspect or defendant can hire defense counsel independently of the person concerned (Criminal Procedure Act, Article 30(2)). The appointment of defense counsel is submitted for each instance in a document signed and sealed jointly with counsel (the same Act, Article 32(1)).

QCan a success fee be agreed in a criminal case?
A

A success fee agreement made now in a criminal case is treated as void. The Supreme Court held that success fee agreements in criminal cases tie the outcome of investigations and trials to monetary reward and can harm the public nature of an attorney's duties, and that such agreements made after that judgment are void under Article 103 of the Civil Act (Supreme Court en banc Decision 2015Da200111, July 23, 2015). In a criminal engagement, confirm the fee items and conditions in writing.

QIn a divorce or civil case, do I have to pay the full success fee that was agreed?
A

In principle, the attorney can claim the full agreed fee. However, if the agreed fee is unreasonably excessive and there are special circumstances making it contrary to good faith or equity, it can exceptionally be limited to a reasonable amount (Supreme Court en banc Decision 2016Da35833, May 17, 2018). What counts as success and when it is paid are set by the wording of the agreement, so check them before signing.

QIf I appeal after the first instance, do I have to pay attorney fees again?
A

It depends on which instance the original agreement covers. The law treats the appointment of counsel and litigation costs by instance: first instance, appeal and final appeal (Criminal Procedure Act, Article 32; Civil Procedure Act, Article 104), and in civil cases a litigation representative needs separate special authority to file an appeal (Civil Procedure Act, Article 90(2)). Check whether the scope of the case in the agreement includes the appeal.

QIf a certified letter of demand is returned because the recipient refused it, does it have no effect?
A

If the recipient refused without a legitimate reason, it can still take effect. The Supreme Court held that a declaration of intent takes effect when the other party is placed in an objective position to learn its content (Supreme Court Decision 2008Da19973, June 12, 2008). Letters returned because no one was home or the address was unknown are a different matter, so first check the reason for the return.

QIf I have a signed IOU and send a certified letter of demand, does the statute of limitations stop running?
A

The interruption holds only if you take a further step within 6 months. If you demand repayment by certified letter and do not file a court claim, seizure, provisional attachment, provisional injunction or similar within 6 months, the interruption of the limitation period has no effect (Civil Act, Article 174). Sending certified letters repeatedly does not keep the period stopped.

QHow is the work of a certified judicial scrivener different from that of an attorney?
A

The scope of work set by law is different. An attorney's duties are acts related to litigation, representation in requests for administrative dispositions, and general legal affairs (Attorney-at-Law Act, Article 3). A certified judicial scrivener prepares and submits on a client's behalf documents filed with courts and the Public Prosecution Office, acts as agent for registration and deposit applications, and acts as agent for individual bankruptcy and individual rehabilitation applications, but representation by making statements at hearings in rehabilitation and bankruptcy cases is excluded (Certified Judicial Scriveners Act, Article 2(1)).

QWhat documents should I prepare before consulting a lawyer?
A

Bring the documents you received, the dates they were served, and materials that show what happened. Documents such as a complaint, a payment order or a summons to appear are the starting point for calculating deadlines, and evidence such as contracts, IOUs, transfer records, messages and photos, along with the other party's name and address, is also needed. If the case is already with another firm, bring the engagement agreement, payment records and the documents produced so far.

QCan I terminate an engagement agreement with my lawyer partway through?
A

Yes. Either party to a mandate contract can terminate it at any time (Civil Act, Article 689(1)). However, a party who terminates at a time unfavorable to the other party without unavoidable reasons may have to pay damages (the same Article, paragraph 2). Settlement of a retainer already paid depends on the early termination and refund clauses in the agreement and on the work done up to that point.

QWhere can I turn if I have a fee dispute with my lawyer?
A

You can request mediation from the regional bar association the attorney belongs to. A regional bar association can mediate, at a party's request, disputes over professional matters between its member attorneys and their clients (Attorney-at-Law Act, Article 74). Prepare a copy of the engagement agreement, payment records and materials on the work done so far.

QThe person who consulted with me was an office manager, not a lawyer. Is that a problem?
A

First check the names of the engaged party and the attorney in charge in the agreement. It is a punishable offense for a non-attorney to handle legal consultation or legal affairs in litigation or investigation matters for a fee (Attorney-at-Law Act, Article 109, item 1), and a non-attorney employing an attorney to run a law office is also prohibited (the same Act, Article 34(4)). Also check whose name is listed as representative on the documents filed with the court.

QWhat is the limit for a small claims case, and how is it different from an ordinary civil lawsuit?
A

It is a first-instance civil case claiming payment of money or similar where the amount in dispute does not exceed KRW 30 million (Small Claims Adjudication Rules, Article 1-2). A claim can be filed orally, the case is concluded in a single hearing where possible, and the reasons for the judgment can be omitted (Small Claims Adjudication Act, Articles 4, 7 and 11-2). If a claim is split up to fit the small claims procedure, the lawsuit is dismissed (the same Act, Article 5-2).

QI received a recommendation for performance in a small claims case. What should I do?
A

To contest it, file a written objection within 2 weeks from the date you were served (Small Claims Adjudication Act, Article 5-4). If you do not object, the recommendation for performance has the same effect as a final judgment (the same Act, Article 5-7). If you object, the court sets a hearing date and the trial proceeds.

QCan a family member appear on my behalf in a small claims case?
A

Yes, in a small claims case. A spouse, lineal blood relatives and siblings can act as litigation representatives without court permission, but must prove the family relationship and the authorization in writing (Small Claims Adjudication Act, Article 8). In other cases, in principle only attorneys can act as litigation representatives, and relatives and certain others can act only in some single-judge cases with court permission (Civil Procedure Act, Articles 87 and 88).

QCan a victim also get a court-appointed lawyer?
A

Victims of crimes set by law can. Victims of sexual violence, sex crimes against children and youth, child abuse, abuse of persons with disabilities, human trafficking, stalking and specific violent crimes apply orally or in writing to a prosecutor or a judicial police officer (Rules on the Appointment of Court-Appointed Attorneys by Prosecutors, Articles 1-2 and 10). Victims of simple assault are not included.

QIf I receive litigation aid, do I not have to pay litigation costs?
A

In principle it defers payment rather than waiving it. Litigation aid covers deferral of court costs, deferral of attorney and enforcement officer fees, exemption from security for litigation costs and similar relief (Civil Procedure Act, Article 129(1)). Aid is not granted if the claim is clearly bound to fail (the same Act, Article 128(1)), and if the person later has the means, the court can revoke the aid and order payment of the deferred costs (the same Act, Article 131).

Consulting Yulmaru

QWhat are your consultation hours?
A

Monday to Friday, 09:00~18:00. The hours are the same at all five offices.

QCan I get a consultation in the evening or on weekends?
A

If you need an evening or weekend consultation, please call us to ask. We will check the schedule and let you know what times are available.

QWhen is the lunch break?
A

12:00~13:00 at the Seomyeon, Myeongji, Changwon and Seoul Offices, and 11:30~12:30 at the Centum Office.

QHow do I request a consultation?
A

You can request one through the main lines (litigation 1800-6419, rehabilitation and bankruptcy 1800-6719), each office's phone number, Naver booking, or our KakaoTalk channel. Contact details for each office are on the office information page.

QThere are five offices. Which one should I visit?
A

The office closest to the court handling your case is the most convenient. Seomyeon is close to the Busan Bankruptcy Court and Busan District Court, Centum to the East Branch, Myeongji to the West Branch, Changwon to the Changwon District Court, and the Seoul Office to the Seoul Central District Court and Seoul Bankruptcy Court.

QWhat if I do not know yet which court will handle my case?
A

Visit the office nearest your home or workplace. The case can proceed even if the office where you consulted and the court handling the case are different.

QWhich office handles individual rehabilitation consultations?
A

If your address is in Busan, consult at the Seomyeon Office near the Busan Bankruptcy Court; if your address is in Changwon, Masan, Jinhae or Gimhae, consult at the Changwon Office. Rehabilitation and bankruptcy cases are handled by Attorney Lim Jae Hyun.

QDo you take cases in Changwon or Gimhae?
A

Yes. The Changwon Office is a 2-minute walk from the main gate of the Changwon District Court, and its phone number is 055-715-3119.

QCan you take cases outside Busan, Changwon and Seoul?
A

You can consult us about cases at courts in other regions as well. Whether we can take the case and how it would proceed will be explained at the consultation after we hear the details.

QWhat should I bring to a consultation?
A

The originals or photos of the documents you received and a note of the events in date order are enough. Please be sure to bring any document with a deadline on it, such as a summons, a complaint, a payment order or a notice from the school.

QCan I consult even if I have no documents at all?
A

Yes. However, for cases with deadlines the dates on the documents must be checked first, so if you have received any documents, please do not throw them away and bring them as they are.

QOn what basis do you describe an attorney as a specialist?
A

Only attorneys who have a specialization registered with the Korean Bar Association (KBA) are described as specialists in that field. We do not use the word specialist for fields that are not registered.

QWhat specializations have Yulmaru's attorneys registered?
A

Specializations registered with the Korean Bar Association (KBA): Criminal Law, Attorneys Park Sang Jun and Moon Ji Yeong; Divorce, Attorneys Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong; Insolvency, Attorney Lim Jae Hyun.

QCan I choose the attorney I consult with?
A

Please tell us which attorney you would like when you request a consultation. We will check the case area and the attorney's court schedule and let you know what times are available.

QIf I cannot come in person, can a family member consult for me?
A

A family member can consult first. However, the facts are known most directly by the person involved, so a direct consultation with that person is needed as soon as it becomes possible.

QHow do I get in touch after I have entrusted my case?
A

Call the office handling your case. How you will receive progress updates is decided with the attorney in charge when you entrust the case.

QIs what I say in a consultation kept confidential?
A

An attorney may not disclose secrets learned in the course of their duties (Attorney-at-Law Act, Article 26). This applies even if you only consult and do not entrust the case to us.

QHow much do consultations and attorney fees cost?
A

Fees vary with the details of the case and the scope of work, so we cannot give a single figure. We will explain when you request a consultation and at the consultation itself.

QCan I expect the same result as in your case results?
A

Our case results are factual accounts of cases Law Firm Yulmaru actually handled, and they do not mean your case will end the same way. Even in the same type of case, results differ depending on the facts and the evidence.

QCan I send documents by fax or email in advance?
A

Each office has its own fax number, and our email is [email protected]. Please call the office concerned to let them know before you send anything.

This is general legal information and does not guarantee the outcome of any individual case. Each assessment depends on the facts and documents.

DirectionsVisit the office nearest you

Five offices: Seomyeon, Centum and Myeongji in Busan, plus Changwon and Seoul.
Choosing an office near the court handling your case makes the process easier.

Law Firm Yulmaru Seomyeon Office

Address
8F, 754 Jungang-daero, Busanjin-gu, Busan (Bujeon-dong, Juganinmulsa Building)
Phone
051-711-5119 / Main lines: litigation 1800-6419 · rehabilitation and bankruptcy 1800-6719
Fax
051-711-5198
Email
[email protected]
Hours
Mon to Fri 09:00~18:00
(evening and weekend consultations by arrangement)
Lunch break
12:00~13:00
Getting here
1 minute on foot from Exit 12, Seomyeon Station
Nearby court
Busan Bankruptcy Court, Busan District Court

Law Firm Yulmaru Centum Office

Address
Room 3004, Tower A, 97 Centumjungang-ro, Haeundae-gu, Busan (Jaesong-dong, Centum Sky Biz)
Phone
051-715-8119 / Main lines: litigation 1800-6419 · rehabilitation and bankruptcy 1800-6719
Fax
051-715-8117
Email
[email protected]
Hours
Mon to Fri 09:00~18:00
(evening and weekend consultations by arrangement)
Lunch break
11:30~12:30
Getting here
10 minutes on foot from Centum Station (Donghae Line), 1 minute from the Centum Middle School bus stop
Nearby court
Busan District Court East Branch

Law Firm Yulmaru Myeongji Office

Address
Units 53~55, 2F, 80 Myeongjigukje 2-ro, Gangseo-gu, Busan (Myeongji-dong, e-Pyeonhansesang Myeongji)
Phone
051-201-9119 / Main lines: litigation 1800-6419 · rehabilitation and bankruptcy 1800-6719
Fax
051-201-9118
Email
[email protected]
Hours
Mon to Fri 09:00~18:00
(evening and weekend consultations by arrangement)
Lunch break
12:00~13:00
Getting here
4 minutes on foot from the bus stop at the rear gate of the court and prosecutors' office
Nearby court
Busan District Court West Branch

Law Firm Yulmaru Changwon Office

Address
6F, 4-16 Changi-daero 689beon-gil, Seongsan-gu, Changwon, Gyeongsangnam-do (Sapa-dong, Beopjo Building)
Phone
055-715-3119 / Main lines: litigation 1800-6419 · rehabilitation and bankruptcy 1800-6719
Fax
055-715-6119
Email
[email protected]
Hours
Mon to Fri 09:00~18:00
(evening and weekend consultations by arrangement)
Lunch break
12:00~13:00
Getting here
2 minutes on foot from the main gate of Changwon District Court
Nearby court
Changwon District Court

Law Firm Yulmaru Seoul Office

Address
2F, 156 Seochojungang-ro, Seocho-gu, Seoul (Blue One Building)
Phone
1800-6419
Email
[email protected]
Hours
Mon to Fri 09:00~18:00
(evening and weekend consultations by arrangement)
Lunch break
12:00~13:00
Nearby court
Seoul Central District Court, Seoul Bankruptcy Court
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