Société de recouvrement en Corée du Sud - Sans succès, pas de frais

Étape 1 – Comment fonctionne le recouvrement amiable (pré-légal) en Corée du Sud ?

Amicable, pre-legal debt collection in South Korea starts with Barun Law LLC reviewing the claim and sending the debtor a formal payment demand in Korean. Most undisputed claims are resolved at this stage without ever going to court, and Debitura only escalates to a legal route once you approve a fixed-price quote.

What happens during the amicable phase

Barun Law LLC verifies the debt and debtor details, then contacts the debtor directly with reminders and a formal demand for payment, aiming for full payment or a written instalment agreement. If the debtor acknowledges the debt in writing during this phase, that acknowledgement interrupts the limitation clock under Civil Act Article 168. An informal demand letter on its own only pauses the clock for 6 months, and only if a suit follows within that window under Civil Act Article 174, so a case that stalls in the amicable phase should not be left open indefinitely.

A typical amicable timeline

Quand faire remonter l'information

Escalation to a payment order or lawsuit is never automatic. Barun Law LLC recommends moving to a legal route once the debtor stops responding, repeatedly breaks a payment promise, or the claim is approaching its limitation period; you then choose whether to proceed on a fixed-price legal quote.

Étape 2 – Comment obtenir un titre exécutoire en Corée du Sud ?

An enforceable title is the legal document, either an unobjected payment order or a final court judgment, that lets you move to enforcement in Step 3. For an undisputed debt, Barun Law LLC files South Korea's Demand for Payment Procedure: the court examines the paperwork only, holds no hearing, and the creditor's stamp fee is set at 10% of the ordinary litigation cost. If the debtor does not object within 2 weeks of service, the order becomes final with the same enforcement effect as a court judgment. If the debtor objects, or the claim is disputed from the outset, the case converts into or starts as ordinary litigation.

Ordinary litigation

Ordinary civil litigation in South Korea generally takes 12 to 18 months at first instance. A judgment resets the limitation period to a fresh 10 years under Civil Act Article 165, giving the creditor a long window to enforce it. An appeal can go to the High Court and then, on points of law, to the Supreme Court of Korea, where review can take anywhere from about 4 months to several years. Court fees scale with the claim amount; Barun Law LLC confirms the exact court fee for your claim before filing.

Which court hears the claim

Municipal Courts hear civil disputes up to KRW 30,000,000. Larger claims go to a District Court, generally before a single judge; once the claim exceeds KRW 500,000,000, it is usually heard by a 3-judge panel. All proceedings are conducted in Korean, so Barun Law LLC represents you throughout.

Small Claims Litigation

For a claim within the KRW 30,000,000 Municipal Court threshold, South Korea's Small Claims Litigation procedure offers a faster route than ordinary litigation: a single oral-argument hearing is the norm, a spouse, lineal relative or sibling may represent the party without needing the court's permission, and judgment can be pronounced immediately after argument closes. The court may also issue a Recommendation for Performance, which becomes final, with the same effect as a judgment, if the debtor does not object within 2 weeks.

Étape 3 – Comment fonctionne l'Exécution forcée des créances en Corée du Sud ?

Once a payment order or court judgment becomes final, enforcement in South Korea is carried out by an execution officer (jibaenggwan) under the Civil Execution Act: creditors can seize a debtor's bank accounts, wages, and movable or real property to satisfy the debt.

Ways to enforce a claim

Korean law protects roughly half of a debtor's wages, salary, pension or retirement pay from seizure, with the exact floor and ceiling set by Presidential Decree with reference to the minimum cost of living (Civil Execution Act Article 246(1)).

Protecting assets before judgment

Before a title is final, a creditor who can show that enforcement would otherwise become impossible or considerably difficult can ask the court for a provisional (protective) seizure of the debtor's movable or immovable assets under Civil Execution Act Articles 276 to 279. This freezes assets in place while the underlying claim or payment order proceeds, and jurisdiction lies with the court where the assets are located or the court handling the merits of the claim.

All enforcement is carried out under the supervision of the District Court that issued or recognises the enforceable title, and Barun Law LLC prepares and files the enforcement application on your behalf. Because a final judgment resets the limitation period to a fresh 10 years under Civil Act Article 165, creditors generally have ample time to pursue enforcement once a title is secured.

Exécution forcée

A typical case moves through case analysis, a formal demand notification, provisional seizure of assets where needed to prevent the debtor moving them, litigation if the debtor disputes the claim, and compulsory execution once a title is final. If the debtor's assets are unknown, Barun Law LLC can apply to the court for a property clarification order compelling the debtor to disclose assets; the exact penalty for non-compliance is [NEEDS VERIFIED SOURCE].

Conduct rules for the enforcement stage

The Fair Debt Collection Practices Act bans violence, threats, disclosure of a debtor's personal information to third parties, misrepresentation, and other unfair conduct at every stage, including enforcement, with civil liability for a collector that breaches it.

Cross-border debt collection in South Korea

South Korea sits outside the EU and any comparable regional bloc, so no European Payment Order or European Small Claims Procedure applies; a foreign creditor instead uses South Korea's own private-international-law rules.

A foreign court judgment is recognised in South Korea only if it meets four cumulative conditions under Civil Procedure Act Article 217: the foreign court had proper international jurisdiction; the losing defendant was validly served with enough time to defend, or appeared despite defective service; recognition does not offend South Korea's public policy; and, the condition most creditors overlook, mutual guarantee (reciprocity) exists between South Korea and the judgment's country of origin. A Korean court checks these conditions on its own motion.

Recognition alone does not let a creditor seize assets in South Korea. Enforcing a foreign judgment additionally requires a separate lawsuit for a Korean "judgment of execution" (jipaeng panggyeol) at the debtor's forum, under Civil Execution Act Articles 26 and 27; the court does not re-examine the foreign judgment's merits, but dismisses the suit if the judgment is not final or fails Article 217's conditions. For a claim that starts in South Korea rather than abroad, the amicable, payment-order and litigation routes described above apply directly under Korean law.