Korean Law Guides
Plain-language guides to Korean law, built topic by topic from the Korea Legal Aid Corporation’s published legal consultation cases.
Family register
How to Correct a Family Relations Register: Methods and Procedures
The procedure for correcting an error in a Family Relations Register depends on whether it is a simple clerical error or a matter that significantly affects a person’s legal status, such as a parent-child relationship. Court permission or a final judgment may be required, and you should prepare materials supporting the relevant facts.
Based on 40 consultation casesFamily Relations Registration Procedures and Precautions
The person responsible for filing a family relations registration report, the required documents, and the deadline vary depending on the event, such as a birth, marriage, divorce, or death. Before filing, check which certificates and court permissions are required. If the report is late or the facts are disputed, determine whether a separate procedure is necessary.
Based on 28 consultation casesAcquisition and Loss of Nationality: Requirements and Procedures
South Korean nationality may be acquired at birth, through naturalization, or with permission to restore nationality. Marriage alone does not automatically confer nationality. If you acquire foreign nationality or have dual nationality, you should check the procedures and deadlines relating to loss, retention, or choice of nationality.
Based on 25 consultation casesGuide to Establishing a Surname and Family Origin and Changing a Name in the Family Relations Register
As a general rule, changing your name requires permission from the Family Court, and you must prepare reasons for the change and materials supporting them. A person who has acquired Korean nationality, or a person registered under a foreign father's surname, may need to complete a procedure to establish or create a surname and family origin in addition to changing their name in order to adopt a Korean-style surname and given name.
Based on 14 consultation casesGuide to the Procedure and Application for Establishing a Family Relations Register
If you are a citizen of the Republic of Korea, have no Family Relations Register, and cannot reasonably expect your birth to be reported, you may apply to establish a Family Relations Register with permission from the family court. After permission is granted, you must report the establishment within the prescribed period. Different procedures may apply depending on the circumstances, including cases involving abandoned children, overseas Koreans, or a closed register.
Based on 13 consultation casesOther Family Relations Registration Matters: Certificates, Corrections, and Establishment of a Register
The issuance of certificates from the family relations register, correction or re-creation of entries, and establishment of a family relations register depend on the applicable grounds and procedures. In particular, check what information appears in general and detailed certificates, the reason a correction is needed, and the materials supporting it.
Based on 12 consultation cases
Rehabilitation & bankruptcy
Guide to Individual Rehabilitation Eligibility and Repayment Methods
Individual rehabilitation is a procedure under which you make payments under a repayment plan using income that you can earn regularly or continuously/repeatedly, and may obtain a discharge of the remaining debt after completing the approved plan. In preparing a repayment plan, you should consider not only eligibility but also living expenses, assets, claims entitled to priority payment, security interests, and whether any seizure is in place.
Based on 90 consultation casesKey Guide to Know Before Applying for Personal Bankruptcy and Discharge
Personal bankruptcy is a proceeding to determine whether a person is insolvent, while discharge is a separate proceeding to decide whether liability for repayment of bankruptcy claims should be released. You should accurately disclose your assets and creditors and check whether grounds exist to deny discharge or whether any claims are nondischargeable.
Based on 88 consultation cases
Contracts
When and how can a contract be terminated or rescinded?
A contract cannot be rescinded whenever one party wants; there must be a contractual provision or a statutory ground for rescission. As a rule, to rescind for delay in performance, you must set a reasonable period and demand performance. Rescission may also give rise to issues of restitution and damages.
Based on 113 consultation casesGeneral Guide to Contracts: Contract Formation and Principles of Performance
The parties and terms of a contract are determined not only from the written contract but also by considering the circumstances in which it was entered into, the parties’ intentions, and the actual course of performance. The duty to explain standard terms and conditions, the defense of simultaneous performance, and the consequences of breach are not determined uniformly in every case; the specific agreement and circumstances must be examined.
Based on 84 consultation casesGuide to Construction Payment and Defect Disputes under Contracts for Work
In disputes under contracts for work, it is important to determine whether construction was completed, what the contract and any agreements provide, and when a claim was exercised. Construction costs, contract termination, rights of retention, liability for defects, and delay damages each have different requirements and effects, so the facts and contract documents must be considered together.
Based on 74 consultation casesGuide to Defects, Rescission, and Damages in Sales Contracts
If the subject of a sale has a defect, you may be able to rescind the contract or claim damages, but the available remedies depend on the nature of the defect, the contract’s purpose, and whether the buyer knew of the defect. Failure to comply with procedures such as the time limits for notifying the seller or exercising rights, or the requirement to tender performance, may make it difficult to exercise your rights.
Based on 68 consultation casesGuide to the End of a Lease, Security Deposits, and Demands to Purchase Structures on Land
Whether you can demand the purchase of a building or facility when a lease ends, and whether a leasehold right can be asserted against a new owner, depends on factors such as the purpose of the lease, the reason it ended, and whether registration or resident registration was completed. Whether rent arrears and other amounts may be deducted from the security deposit also depends on how the claim arose and whether the lease has ended.
Based on 61 consultation casesReal Estate Brokerage Guide: Brokers’ Duties and Fees
A licensed real estate agent operating a brokerage business must check and accurately explain important matters, including the property’s legal rights and any restrictions on transactions or use. The agent may be liable for damages if a failure to do so causes loss. Brokerage fees should be assessed by considering whether a contract was formed, the broker’s contribution to the transaction, and the statutory limits.
Based on 50 consultation casesPartnerships and Gye: Liability and Settlement in Business Partnerships and Gye Arrangements
Depending on the terms of the agreement and how the arrangement is operated, a business partnership may be treated as a partnership under the Civil Act. The legal nature of a gye and the resulting liabilities also depend on how it is operated and on the relationships between its members and organizer. Leaving a partnership or a gye falling apart does not mean that the full amount contributed is immediately returned. The partnership’s assets and liabilities should be reviewed, and the applicable settlement procedure should be determined based on the nature of the relationship.
Based on 44 consultation casesConsumer Guide to Installment Transactions, Door-to-Door Sales, and Credit Cards
You may withdraw from installment and door-to-door sales contracts within specified periods, but restrictions may apply depending on the purpose of the transaction and the type or condition of the goods. Liability for unauthorized credit card use and refund obligations in prepaid installment transactions may also depend on such factors as whether the card was signed, the cardholder’s fault, and whether the business was transferred.
Based on 42 consultation casesMandate Agreement Guide: Duties, Fees, Termination, and Damages
The terms of a mandate agreement are determined by the parties’ agreement, and the mandatary must handle the matter with the care of a good manager, in accordance with the purpose of the mandate. Whether fees are payable and whether termination or damages are justified must be assessed by considering the agreed terms, how the work was actually handled, and the circumstances in which the agreement ended.
Based on 40 consultation casesGuide to the Effects, Rescission, and Termination of Settlement Agreements
When a settlement agreement is made, the parties’ rights and obligations are generally determined by its terms, so it is difficult to undo the settlement merely because the actual damages later prove greater or someone has changed their mind. However, depending on the specific circumstances—including the scope of the settlement, mistake or fraud, additional losses that were difficult to foresee, or the other party’s failure to perform—rescission, termination, or an additional claim may be possible.
Based on 36 consultation casesGuide to Contractual Loans, Interest, and Claims for Repayment
To claim repayment of a loan, you must prove that the money was lent and establish the agreed terms, and you should consider the repayment date and limitation period. Even where interest has been agreed or security provided, the scope of a claim may vary depending on the maximum interest rate, the method used to create the security, and the actual purpose of the contract.
Based on 23 consultation casesA Guide to Terminating Travel Contracts and Travel Agency Liability
Travelers may cancel a contract before departure and may terminate it during the trip if there is an unavoidable reason or a serious defect that is not remedied. A travel agency may have a duty to investigate and disclose risks to protect travelers' safety. Travelers may request correction of a trip that differs from the contract, a price reduction, or damages.
Based on 12 consultation casesGuide to Deposit Refunds and Contract Cancellation
In principle, a deposit allows a party to cancel a contract; it does not automatically belong to the other party as a penalty. Whether a preliminary deposit or a partially paid deposit is refundable, and whether the contract can be canceled, depends on what the parties agreed and whether performance has begun.
Based on 11 consultation cases
Labor
Guide to Claims for Wages and Severance Pay and Their Calculation
As a general rule, the right to severance pay arises when employment ends, and an agreement stating that severance pay is included in wages does not, by itself, eliminate the obligation to pay it. Severance pay and overtime, night-work, and holiday-work pay are calculated according to the substance of the employment relationship and wages and the applicable rules, so you should review your contract and pay records together.
Based on 138 consultation casesGuide to Work-Related Accident Eligibility and Compensation
The key issue in determining whether an accident is work-related is whether there is a substantial causal connection between the work and the injury, illness, disability, or death. The connection to work is assessed by considering various circumstances, including the work environment and the worker’s health. Even if workers’ compensation benefits are paid, a separate claim for damages may be brought if the employer is found liable, although amounts covering the same kind of loss may be adjusted.
Based on 121 consultation casesKey Guide to General Labor and Employment: Employee Status, Transfers, and Severance Pay
Whether someone is an employee is not determined solely by the wording of a contract or the method of payment. The assessment considers various factors, including the actual direction and supervision of the work and the working conditions. The outcome in matters involving transfers, dismissal, severance pay, and the transfer of employment when a business changes hands may also vary depending on the circumstances and substance of each case.
Based on 61 consultation casesJustifiable Grounds for Dismissal and Remedies in Employment
Dismissal must have justifiable grounds, and dismissals for managerial reasons or during a probationary period must each meet the applicable requirements. The fact that dismissal notice pay was received or a resignation letter was submitted does not, by itself, establish that the dismissal was justified; the substance of the dismissal and the procedures followed must both be examined.
Based on 61 consultation casesGuide to Establishing Labor Unions, Collective Bargaining, and Industrial Action
Labor unions must be established and operated with autonomy and independence, and collective bargaining and industrial action must comply with applicable laws and procedures. The legitimacy of changes to management structure, lockouts, and union activities may depend on their specific purpose and circumstances.
Based on 31 consultation casesLabor: Guide to Top-Priority Payment of Wages and Retirement Benefits
The right to top-priority payment is the right to receive payment of certain wage and retirement benefit claims, among others, from the employer's assets ahead of secured creditors and other creditors. However, you must check the scope of the covered claims, whether the assets belong to the employer, and the applicable deadlines for filing claims for distribution and providing supporting evidence in the auction proceeding.
Based on 28 consultation casesEssential Guide to Other Labor and Employment Issues
As a general rule, an unfavorable amendment to the rules of employment requires the consent of the group of workers, and whether consent is required and who is covered may vary depending on when the amendment was made and the circumstances of the group of workers. Wages during industrial action, disciplinary action, collective bargaining, and violations of working conditions must also be assessed in light of the specific circumstances and procedures.
Based on 26 consultation casesEmployment Contracts, Resignation, and Wages: An Essential Guide to Employment Contracts
An employment contract may be formed orally, but it is important to put it in writing to confirm key terms and conditions of employment, such as wages and working hours, and to prevent disputes. If the contract terms are less favorable to the employee than statutory standards, such as the minimum wage, the statutory standards may apply. Resignation, repayment of training costs, and contract renewal must be assessed based on the agreement’s terms and the actual circumstances.
Based on 18 consultation casesWorking Hours: Overtime, Rest Periods, and Protections for Pregnant Employees
When assessing working hours, distinguish actual hours worked from rest periods and check whether overtime pay is due. The example states that the rest-period provisions also apply to workplaces with four or fewer employees, and that pregnant employees may not be required to work overtime.
Based on 13 consultation casesGuide to Eligibility and Procedures for Applying for a Small-Amount Substitute Payment
A small-amount substitute payment is a payment that may be made, subject to certain requirements, when a retired worker has obtained a final and conclusive court judgment, etc. concerning unpaid wages, regardless of whether the employer has become insolvent. After checking the payment coverage, employer requirements, and required documents such as a judgment, the worker must apply in sequence to the competent local labor office and the Korea Workers' Compensation and Welfare Service.
Based on 10 consultation cases
Property rights
Guide to the Creation and Exercise of Superficies and Jeonse Rights
A statutory superficies does not arise automatically whenever the owners of land and a building become different. A jeonse right is also a real right separate from a lease. In auctions, changes to rights, and assignments of claims, the scope and effect of rights depend on when they arose, whether they were registered, and their priority.
Based on 158 consultation casesRecovering and Exercising Ownership: Key Rules to Know
It is difficult to determine ownership and the possibility of recovering it based on registration alone; the type of title trust, the parties to the sale contract, and whether a third party acquired rights must also be considered. Land boundaries, unregistered real estate, and common areas in multi-unit buildings are likewise assessed under different rules.
Based on 122 consultation casesGuide to the Effect and Enforcement of Mortgages
A mortgage entitles its holder to priority payment over other creditors from the exchange value of the mortgaged property. Its scope and the way it is enforced depend on the condition of the collateral and the progress of the auction. When collateral is replaced by another right, such as expropriation compensation or a claim for repayment of a lease deposit, the right of subrogation must be exercised through the prescribed procedures. Joint mortgages, building additions, and the point at which claims secured by a floating-rate mortgage become fixed must also be considered separately.
Based on 113 consultation casesAcquisitive Prescription of Real Estate: A Key Guide to 20 Years of Possession and Registration
A person who possesses real estate peacefully and openly, with the intention of owning it, for 20 years may claim acquisitive prescription by possession. However, the passage of the possession period does not itself immediately confer ownership; as a rule, registration is required. The outcome may depend on the nature of the possession, succession to possession and the timing of changes in ownership, whether the property is State property, and whether a third party registered ownership after the prescriptive period was completed.
Based on 108 consultation casesEssential Guide to Changes in Real Rights and Real Estate Registration
Registration is generally required to acquire or transfer real rights through a legal act, such as a real estate sale, and applications for registration are usually made jointly by the person entitled to registration and the person obligated to register. The acquisition of farmland, duplicate registrations, provisional registrations, and restoration of canceled registrations are subject to separate requirements and procedures, so you should check the register, the circumstances of acquisition, and the relevant documents.
Based on 94 consultation casesNeighbor Relations: Harm Between Neighbors and How to Resolve It
Even when harm results from a neighbor’s construction, noise or odors, use of water, or passage across land, not every inconvenience is automatically unlawful. Whether the harm exceeds the tolerable limit is determined by examining the specific circumstances, including the extent of the harm and the relationship between the uses of the land. Depending on the circumstances, you may seek removal or prevention of the interference, or claim damages.
Based on 73 consultation casesGuide to Other Real Rights: Security Rights and Provisional Registrations
The effect of a security provisional registration or a transfer-for-security arrangement is not determined solely by the name used in a registration or contract. It depends on the substance of the transaction, the parties’ intent, and whether the collateral is sufficiently identified. Liquidation procedures, methods of public notice and possession, the priority of rights, and the exercise of rights by third parties affect the acquisition of ownership and entitlement to priority payment.
Based on 53 consultation casesLiens and Pledges: Requirements for Creation and Methods of Enforcement
A possessory lien arises when a person lawfully possesses another person’s property and has a due claim relating to that property; the connection between the possession and the claim is important. A pledge requires checking how a right, such as a claim or bearer claim, is pledged as security, the requirements for asserting it against third parties, and how it is enforced.
Based on 44 consultation casesGuide to the Use, Management, and Partition of Jointly Owned Property
Co-owners may use and benefit from the entire jointly owned property in proportion to their shares, but the manner of use may be determined by holders of a majority of the shares. If the co-owners cannot reach an agreement, a co-owner may demand partition, although the available procedures vary depending on the method of partition and the type of property.
Based on 43 consultation casesGuide to Real Right Claims Based on Ownership
An owner may seek removal of conduct that currently interferes with ownership or, where there is a substantial likelihood that interference will arise, seek to prevent it. Who may be sued and what may be claimed depend on who actually possesses the property, who controls the interfering condition, and whether the claim is intended to compensate for past harm or to remove a present interference.
Based on 22 consultation casesA Guide to the Meaning of Possession and Claims for Its Protection
Possession is not recognized only when someone physically holds a thing. Rather, whether a person exercises factual control in the ordinary understanding of society is determined by considering the relationship between the thing and the person, among other factors. If possession is taken or interfered with, a claim based on the right of possession may be available, but the type of claim, the proper defendant, and the time limit for filing suit must be considered.
Based on 19 consultation cases
Civil procedure
Key Rules on Service, Hearing Dates, and Parties in Civil Litigation
In a civil lawsuit, whether documents were properly served and whether the parties appeared on the scheduled dates can affect how the case proceeds and whether adverse consequences follow. If procedural issues arise—such as a party’s death, uncertainty about the opposing party’s identity, or a partial claim—you should check the applicable requirements and deadlines and respond accordingly.
Based on 160 consultation casesCivil Appeals: Deadlines and Methods of Challenging a Judgment
In civil proceedings, appeals to an intermediate appellate court or the Supreme Court must comply with the prescribed deadlines and procedures. If a party missed a deadline for a reason not attributable to them, subsequent completion may be available. However, the effect and available remedies vary depending on the facts, including whether service was made by public notice, at a false address, or through electronic litigation. The method of service and when the party learned of it should therefore be confirmed.
Based on 136 consultation casesGuide to Capacity to Be a Party and Changes of Parties in Civil Litigation
When bringing or responding to a lawsuit, you need to determine who may be a party and who must conduct the proceedings when direct litigation is difficult, such as in the case of an organization or a minor. Correcting a party designation is different from replacing a party with a new one, and the parties and procedures may vary depending on the organization’s substance and the nature of the lawsuit.
Based on 105 consultation casesGuide to the Allocation and Recovery of Costs in Civil Litigation
As a general rule, the losing party bears the litigation costs, but the court may allocate them differently in cases such as partial losses or co-litigation. Once the decision allocating the costs becomes final, the specific amount to be reimbursed is determined through the procedure for determining the amount of litigation costs. As a general rule, that procedure cannot be used to dispute anew the reimbursement obligation itself once it has been established.
Based on 38 consultation casesSimplified Civil Litigation Procedures: Payment Orders, Small Claims, and Mediation
To seek payment of money promptly, you may consider a payment order or the small-claims procedure; to resolve a dispute by agreement, you may use civil mediation or a settlement procedure. Because these procedures differ in the claims they cover, service requirements, objection deadlines, and effects once final, it is important to choose the procedure suited to your case and keep track of the date of service.
Based on 38 consultation casesGuide to Grounds and Procedures for Retrial in Civil Litigation
A retrial is a procedure for challenging a final judgment on the merits when a ground prescribed by law exists. Even if there is a ground for retrial, it may not be permitted, or a different procedure may be required, depending on the judgment at issue, the filing deadline, and the history of the case.
Based on 28 consultation casesJurisdiction in Civil Lawsuits: Where Should You File?
As a general rule, a civil lawsuit is filed in the court with jurisdiction over the defendant’s address. However, separate forums may be available for property rights, torts, consumer transactions, and other matters. The proper court may vary depending on any jurisdiction agreement, whether there are co-defendants, and whether the case is a family or enforcement matter, so both the nature of the claim and the circumstances at the time the action is filed should be considered.
Based on 22 consultation casesEvidence in Civil Litigation: What to Submit and How
In a civil lawsuit, you must submit evidence to support the facts you allege. The court decides whether to admit the evidence and how much weight to give it. The procedure for submitting evidence and the matters that must be proved vary depending on the type of evidence, such as documents, recordings, videos, or expert appraisals.
Based on 17 consultation cases
Civil law (general)
Guide to Civil Statutes of Limitations: Time Limits and How to Interrupt Them
The limitation period varies depending on the type of claim. For ordinary claims, as well as claims for wages, the price of goods, and damages for torts, you should check the applicable time limit and when it begins to run. Filing a lawsuit, attachment or provisional attachment, and acknowledgment of a debt may affect the limitation period. In some cases, however, such as a formal demand or an order to disclose assets, further action must be taken within a specified period.
Based on 188 consultation casesGeneral Principles of Juristic Acts: Mistake, Fraud, Invalidity, and Exercise of Rights
To cancel a contract or claim that it is void, you must consider requirements such as whether the mistake was material, whether the motive for contracting was disclosed to the other party, and the extent of any deception. The outcome may depend on the wording of the contract, the circumstances in which it was made, and the parties’ respective interests. It is therefore difficult to determine the contract’s terms or whether it can be canceled based on advertising or explanations alone.
Based on 160 consultation casesGuide to Civil Agency Authority and Liability for Apparent Agency
As a general rule, a contract entered into without agency authority has no effect on the principal, but the principal may be liable if the statutory requirements for apparent agency are met. Merely possessing a certificate of seal impression or a seal does not establish agency authority; the scope of the authority and the circumstances at the time of the transaction must also be considered.
Based on 73 consultation casesGuide to Legal Acts by Persons with Limited Capacity and the Guardianship System
As a general rule, a contract made by a minor without the consent of a legal representative may be rescinded. However, rescission may be restricted in cases such as where the minor used deception to make the other party believe the minor was an adult or had consent. The protection available to an adult depends on the circumstances and may take the form of adult guardianship, limited guardianship, specific guardianship, or voluntary guardianship. The scope of each system and whether court permission is required should be considered.
Based on 36 consultation casesGuide to Absence, Declarations of Disappearance, and Property Administration
A declaration of disappearance is not automatic merely because a person’s life or death has remained uncertain for a specified period. An interested person or a public prosecutor must petition the court and obtain the declaration. Once the declaration becomes final, the person is deemed to have died at the time prescribed by law. The authority of a property administrator and the return of property after a declaration of disappearance is revoked must also be considered.
Based on 17 consultation cases
Civil enforcement
Guide to Compulsory Execution Against Real Estate: Procedures and Precautions
In a real estate auction, you must check not only the bidding procedure but also what is being sold, the rights affecting the property, the order of priority for distribution, and the rights of occupants. The requirements for enforcing against an unregistered building and the ways to challenge auction proceedings vary by case, so carefully review the relevant documents and deadlines.
Based on 179 consultation casesGuide to Enforcing Monetary Claims under Civil Execution
If you have an enforceable title, such as a final judgment, you can attach and collect or take by assignment monetary claims that the debtor is entitled to receive from a third party, such as construction payments, a lease deposit, or bank deposits. The actual method and scope of recovery depend on the effects of a collection order or assignment order, whether other creditors have competing claims, and whether the claim is exempt from attachment.
Based on 131 consultation casesGeneral Civil Enforcement: Key Guide to Compulsory Execution
In compulsory execution, it is important to distinguish the effect of the title of execution, the status of the property subject to enforcement, the types of deposits and distributions, and enforcement costs. The scope of enforcement and the available ways to challenge it may vary depending on circumstances such as provisional attachment or provisional execution, or the debtor’s death or discharge.
Based on 103 consultation casesGuide to Remedies in Civil Enforcement
Even if you object to compulsory enforcement, the available remedy—such as an action to object to a claim, an action by a third party to object to enforcement, or a procedure concerning an execution clause—depends on the enforcement title and the right you are contesting. Filing an action does not automatically stay enforcement, and you should also check when the grounds for objection arose and what stage the enforcement has reached.
Based on 44 consultation casesGuide to Applying to Change the Scope of Claims Exempt from Attachment
As a rule, when a claim exempt from attachment is deposited into an account, the exemption from attachment does not automatically extend to the deposit claim itself. However, a debtor may apply to the court to change the scope of the claims exempt from attachment and seek cancellation of all or part of the attachment order, taking into account factors such as the debtor’s financial circumstances and the nature of the deposited funds.
Based on 35 consultation casesCompulsory Enforcement Against Movable Property: Procedures and Responses
As a rule, movable property is seized by an enforcement officer taking possession of it. Property possessed jointly by a debtor and the debtor’s spouse may be presumed to be jointly owned and therefore subject to enforcement. It is important to understand in advance the remedies available for property owned by a third party or exempt from seizure, the spouse’s rights to purchase or receive a distribution, and the timing of sale and double seizure.
Based on 32 consultation casesHow to Stay or Cancel Civil Enforcement: Methods and Requirements
Filing an action to oppose enforcement or taking an appeal does not automatically stop compulsory enforcement. You must submit the documents prescribed by law or an enforcement stay order to the enforcement authority. The available measures depend on the grounds and timing of the stay and on whether enforcement has already been completed.
Based on 17 consultation casesGuide to Asset Disclosure and Asset Inquiries in Civil Enforcement
If you have an enforceable title for a monetary obligation but it is difficult to determine what assets the debtor has, you may apply to the court for asset disclosure if the requirements are met. If the results of asset disclosure are insufficient to recover the claim, you may also apply for an asset inquiry, but you cannot apply for asset disclosure based solely on a judgment with a declaration of provisional execution.
Based on 12 consultation cases
Provisional remedies
Provisional Attachment in General: From Application to Setting Aside and Deposits to Obtain Release
Provisional attachment is a procedure that temporarily freezes a debtor’s assets to preserve enforcement of monetary claims and similar claims. The consequences of setting aside the attachment or enforcing it vary depending on circumstances such as payment of the claim, whether proceedings on the merits have been pursued, and whether a deposit to obtain release has been made. The requirements of each mechanism should therefore be distinguished.
Based on 87 consultation casesKey Guide to Applying for, Enforcing, and Canceling Provisional Dispositions
A provisional disposition is an interim measure intended to preserve rights or prevent risks arising from a disputed legal relationship until judgment is issued in the action on the merits. However, its effect on third parties, whether enforcement can be stayed, and the grounds for cancellation vary depending on the type of provisional disposition and how it is enforced.
Based on 52 consultation casesGuide to the Effect of Attachment Before Judgment of Claims and How to Apply
An attachment before judgment of a claim is a procedure for preserving a claim that the debtor holds against a third-party obligor. It takes effect as a prohibition on payment when the order is served on the third-party obligor. However, its effect and the possibility of recovery may vary depending on the asset attached, how it is described, when service occurs, and how the third-party obligor responds.
Based on 28 consultation casesGuide to the Effects and Distribution of Provisional Attachment of Real Estate
Provisional attachment of real estate restricts the debtor’s power to dispose of the property, and dispositions made after the attachment have limited effect in relation to the provisional-attachment creditor. However, the distribution or enforcement outcome may vary depending on the amount of the claim covered by the attachment, the timing of enforcement, and the condition of the property.
Based on 16 consultation cases
Commercial leases
Other Commercial Lease Issues: Rights and Precautions
In commercial leases, the landlord’s repair obligations, the tenant’s restoration and reimbursement issues, and rent after the lease ends depend on the contract and the actual condition and use of the premises. When ownership of the building changes or a tenancy or claim for return of the security deposit is transferred, the applicable requirements and legal effects must likewise be distinguished.
Based on 68 consultation casesA Guide to Recovering Key Money and Claiming Damages in Commercial Leases
Key money is paid in exchange for transferring or allowing the use of business facilities, customer relationships, business know-how, advantages associated with the location of the premises, and similar value. In general, the mere end of a lease does not entitle the tenant to demand that the landlord return the key money. However, the tenant may claim damages if the landlord interferes with recovery of the key money, such as by preventing the tenant from entering into a contract with a new tenant without justifiable cause.
Based on 49 consultation casesGuide to Preferential Rights to Payment for Commercial Leases
As a general rule, for a commercial tenant to receive preferential payment of a deposit in an auction or public sale, the tenant must take delivery of the building, register the business, and have a fixed date on the lease agreement. A small tenant’s right to receive preferential payment of a certain amount ahead of others is subject to separate requirements and statutory limits. Even if the tenant meets the requirements for a right, the tenant must also file a demand for distribution and continue to satisfy the requirements.
Based on 39 consultation casesGuide to Changes in Deposits and Rent under Commercial Leases
During a commercial lease, if the rent or deposit becomes unreasonable because of changes in economic conditions or other circumstances, either party may seek an increase or decrease for the future. The applicable limit on increases may vary depending on whether the increase is sought as a claim or agreed to by the parties, and whether the arrangement is a lease renewal or a new lease after the previous lease ends.
Based on 11 consultation casesGuide to the Right of Small-Amount Commercial Tenants to First-Priority Payment
Whether a small-amount commercial tenant is entitled to first-priority payment may depend on the deposit amount, the circumstances of the lease, how the premises are used, and what is being auctioned. Many of the cases presented considered whether legal principles relating to residential leases could be applied analogously to commercial leases. The requirements and facts must therefore be examined in each specific case.
Based on 10 consultation casesRequirements for Opposability in Commercial Building Leases and Points to Note
A commercial tenant may assert the lease against third parties from the day after taking delivery of the leased building and applying to register a business at that building. However, the business premises shown on the business registration must match the actual leased premises, and opposability and the right to preferential repayment of the deposit have different requirements.
Based on 10 consultation casesHow Far Does Protection Extend Under the Commercial Lease Rules?
The Commercial Building Lease Protection Act applies to leases of buildings subject to business registration that are used for business purposes. When determining whether a lease is covered, both the regional thresholds and the amount calculated by converting monthly rent must be considered. A corporate tenant may also be protected if it meets the requirements, but leases for offices of nonprofit organizations and leases exceeding the statutory thresholds may require case-specific consideration.
Based on 10 consultation casesCommercial Lease Terms: Agreed Terms, Renewal, and Termination
If a commercial lease is agreed for a term of less than one year, it is treated as a one-year lease in principle, but the tenant may assert that the shorter agreed term is valid. The right to request renewal, implicit renewal, and the continued existence of a lease when the deposit has not been returned each have different requirements and effects. You should therefore review the contract and the law applicable at the relevant time.
Based on 9 consultation casesEssential Guide to Demanding Renewal of a Commercial Lease
A tenant may demand renewal within the period described in the case studies, and the landlord generally cannot refuse without a ground specified by law. However, the outcome may vary depending on factors such as rent arrears, succession to the landlord’s status, and whether the property is subleased. A demand for renewal must be distinguished from termination of the lease due to rent arrears.
Based on 9 consultation casesGuide to the Return of a Commercial Lease Tenant’s Security Deposit
Even after a commercial lease ends, outstanding tenant obligations—such as returning the premises and restoring them to their original condition—may affect the return of the security deposit. However, the entire deposit cannot be withheld solely because of minor deficiencies in restoration. The specific circumstances, including whether the contract has ended and whether the tenant has opposability, must also be considered.
Based on 8 consultation cases
Commercial law
Guide to Rights Under Bills and Checks and Claims for Payment
Even if you receive a bill or check, you may lose your rights against endorsers and others if you miss the procedures for presentment for payment or recourse. If you received a bill as payment of an existing debt, you should also check whether the underlying claim continues to exist and how returning the bill relates to performance of the debt.
Based on 257 consultation casesCommercial Insurance: A Guide to Insurance Claims, Exclusions, and Policy Termination
Whether insurance benefits are payable depends not only on the circumstances of the incident but also on the type of insurance, the policy terms, compliance with the duty of disclosure, and the payment and notice procedures. Even if an insurer has denied a claim, an exclusion clause or policy termination is not necessarily valid in every case; the applicable legal standards and the terms of the policy must be considered together.
Based on 163 consultation casesGuide to Company-Related Liability and Shareholder Rights
As a rule, a company and its shareholders, directors, and representative directors are separate legal persons, so a company’s debts cannot be claimed directly from an individual. However, liability and remedies may vary depending on the specific circumstances, including the appearance of authority to represent the company, a director’s breach of duty, abuse of the corporate form, or infringement of shareholder rights.
Based on 134 consultation casesGeneral Commercial Matters: A Guide to Transactions, Agency, and Trade-Name Liability
In commercial transactions, who bears contractual liability depends on factors such as the name used, the other party’s understanding, the scope of an agent’s authority, and whether the business was actually transferred. Rules under the Commercial Act, including those on interest and limitation periods, may apply to transactions between merchants. Separate liability principles may also apply depending on the type of transaction, such as carriage or lodging.
Based on 99 consultation cases
Inheritance
General Inheritance Guide: Basic Principles on Heirs and Inherited Property
Heirs are determined by the statutory order of inheritance and family relationships, and the outcome may vary depending on specific circumstances, such as inheritance by representation, an unborn child, legal recognition of parentage, or adoption. The timing of legal effect and applicable time limits are important for renunciation of inheritance, disposition of inherited property, and claims for infringement of inheritance rights, so the circumstances of each case should be checked.
Based on 92 consultation casesLimited Acceptance and Renunciation of Inheritance: Deadlines and Effects
Renunciation of inheritance means that you do not inherit either property or debts, while limited acceptance means that you pay debts only up to the value of the property inherited. As a general rule, you must file with the family court within three months from the date you learn that succession has commenced; after an inheritance is renounced, a person in the next order may become an heir.
Based on 41 consultation casesGuide to Calculating Inheritance Shares and Dividing an Estate
If there is no will, statutory inheritance shares apply as a starting point, but the actual distribution may differ depending on the surviving spouse’s increased share, gifts or bequests made during the deceased’s lifetime, and contribution shares. The estate may be divided as directed by a will, by agreement of all co-heirs, or through Family Court proceedings if the heirs cannot reach an agreement.
Based on 29 consultation casesGuide to the Forms and Legal Effect of Wills in Inheritance
A will takes effect only if it satisfies the forms and requirements prescribed by law; even if it reflects the testator’s true intentions, it may be invalid if the required formalities are not met. Check in advance the requirements for making each type of will, the witness and probate procedures, and when revocation and legal effect occur.
Based on 27 consultation casesDivision of an Estate: A Key Guide to Agreements and Court Decisions
To divide an estate by agreement, all coheirs must participate. If no agreement is reached, or an agreement cannot be made, an application for a judicial decision on the division of the estate may be filed with the family court. However, divisible rights and obligations, such as monetary debts and monetary claims, are generally divided according to the statutory shares when the inheritance opens, and are treated differently from estate property subject to ordinary division.
Based on 17 consultation casesStandards and Calculation Methods for Claims to a Reserved Portion of an Estate
A reserved portion is a legally guaranteed minimum share that allows a statutory heir to recover a minimum part of an inheritance when the heir receives little or none of it because of a bequest or gift. Whether a claim can be made and its amount depend on the relationship between the heirs, the timing and recipient of gifts, property already received, and inheritance debts.
Based on 14 consultation casesUnderstanding the Order of Inheritance and Who Inherits
Inheritance passes in the following order: lineal descendants, lineal ascendants, siblings, and collateral relatives within the fourth degree. If there is an heir in a higher-priority tier, heirs in lower-priority tiers do not inherit. A spouse inherits in the same tier as lineal descendants or lineal ascendants, and inherits alone if neither group exists.
Based on 11 consultation cases
Damages
General Damages: Key Issues in Claims and Assessment
Damages are calculated by considering the type of loss and how it occurred, the injured party’s negligence, the terms of any settlement, and whether insurance benefits or other payments have been received. Some issues require case-specific assessment, such as whether an additional claim may be made after a settlement or whether the limitation period has been interrupted. The settlement agreement, payment records, and materials related to the accident should therefore be reviewed together.
Based on 222 consultation casesStandards for and Liability in Other Damages Claims
The fact that damage has occurred does not automatically establish the other party’s liability to pay compensation. The cause of the accident, the other party’s breach of duty, and the relationship between that breach and the damage must be examined. The requirements for liability and matters to be proved vary depending on the circumstances, including cases involving structures, roads, schools, and employers.
Based on 195 consultation casesGuide to Liability and Claims for Compensation for Automobile Accident Losses
Liability for compensation for automobile accident losses is determined by considering the operator of the vehicle involved, the circumstances of the accident and the victim’s status, and the causal relationship between the vehicle’s operation and the loss. Vehicle owners and insurance companies are not always liable, and the scope of a claim may vary depending on the facts at the time of the accident and the insurance policy.
Based on 148 consultation casesGuide to State Compensation Claims: Requirements and Responsible Parties
If you suffer harm because of an official’s unlawful conduct in the performance of official duties or a defect in the installation or management of a public facility, you may claim compensation from the state or a local government. However, a breach of official duty, a lack of safety in the public facility, and a causal connection to the harm must be established. Whether liability exists is determined by examining the circumstances at the time and whether the measures taken were appropriate.
Based on 83 consultation casesGuide to Responding to Intellectual Property Infringement and Damages Claims
Whether copyright, trademark, or patent rights have been infringed depends on the type of right, its scope of protection, and how the right was actually used. When alleging or responding to infringement, you should confirm originality, ownership of the rights, the terms of any contract, and the circumstances of the infringement, and use the remedies provided by law.
Based on 50 consultation casesGuide to Claims for Damages by Crime Victims
If you are harmed by a crime or other unlawful act, you may claim damages from the person responsible, including medical expenses, compensation for emotional distress, and lost income. Whether defamation occurred, the scope of recoverable damages, and the limitation period depend on the specific facts and circumstances.
Based on 40 consultation casesGuide to Recognition Criteria and Compensation for Work-Related Accidents
For an accident to be recognized as work-related, there must be a substantial causal relationship between the work and the injury, illness, disability, or death. The causal relationship does not have to be conclusively established on medical grounds. Commuting accidents and the worsening of pre-existing illnesses must be considered in light of the law in force at the time of the accident and the specific circumstances.
Based on 30 consultation casesMedical Malpractice Damages: Liability and Claim Standards
The mere occurrence of a medical injury does not establish that the hospital or healthcare provider is liable for damages. The specific circumstances must be examined, including whether there was a causal relationship between a breach of the duty of care and the harm, and whether the duty to provide information was breached. The burden of proof and scope of damages vary depending on the case.
Based on 28 consultation casesGuide to Compensation for Illegal Private Lending and Voice Phishing
Providing a bankbook or personal information used in voice phishing does not always mean that you must compensate victims for the entire amount of their losses. Liability is assessed by considering the circumstances at the time of disclosure, whether the crime could have been foreseen, whether there is a causal connection between the conduct and the loss, and whether the financial institution failed to verify identity.
Based on 27 consultation casesGuide to Claims for Compensation for Consumer Harm
To obtain compensation for consumer harm, you must prove the facts required for the issues involved, such as whether an advertisement was false, whether a product was defective, and whether there was a causal link between the conduct and the damage. However, where it is difficult for consumers to prove a matter scientifically or technically, such as a product defect, the burden of proof may be eased if certain facts are established.
Based on 26 consultation casesGuide to Compensation for Damage Caused by Pollution
The mere fact that pollution or noise occurred does not establish liability for compensation. The matter is assessed by considering the extent of the damage, causation, and other factors as a whole. However, a party responsible for environmental pollution may be held strictly liable, and the burden of proving causation may also be relaxed in pollution cases.
Based on 17 consultation cases
Housing leases (jeonse/wolse)
When Does a Housing Lease Become Effective Against Third Parties, and How Is That Protection Maintained?
A housing tenant may assert the lease against third parties starting the day after taking delivery of the home and completing resident registration. However, the registered address must identify the leased home, and the scope of protection may vary if the requirements for enforceability are interrupted or if senior rights or other interests are extinguished in an auction.
Based on 214 consultation casesPriority Repayment Rights under Residential Leases: Requirements and Distribution Ranking
A tenant under a residential lease who has taken possession of the dwelling, completed resident registration, and obtained a fixed date on the lease agreement has a right to receive repayment of the deposit ahead of junior-ranking right holders in a court auction or public sale. However, the actual distribution ranking and amount depend on factors such as when the right arose, whether senior-ranking rights exist, whether a demand for distribution was made, and whether the lease is valid.
Based on 73 consultation casesEssential Guide to Other Residential Lease Issues
In residential leases, changes in the landlord’s status or the assignment or subletting of a leasehold right may affect opposability and the return of the deposit. Since the scope of rights and liability varies depending on the circumstances, such as a fire, foreclosure, or remaining in possession after the contract ends, check the requirements and precautions applicable to each situation.
Based on 68 consultation casesSmall-Deposit Tenants’ Right to First-Priority Payment: Requirements and Distribution Process
If small-deposit tenants meet the prescribed requirements, they may receive repayment of a specified portion of their deposit ahead of holders of senior-ranking security rights. The applicable deposit thresholds and repayment amounts vary depending on factors such as the region and when the security right was acquired. To receive a distribution in an auction, tenants must file a demand for distribution by the prescribed deadline.
Based on 51 consultation casesGuide to Housing Lease Terms and Implicit Renewal
Even if a housing lease term is set at less than two years, the tenant may assert the shorter agreed term, while an implicitly renewed lease generally continues for two years. After implicit renewal, the tenant may give notice of termination, but termination takes effect only three months after the landlord receives the notice.
Based on 32 consultation casesScope of the Housing Lease Protection Act: When Are You Protected?
Whether the Housing Lease Protection Act applies is not determined solely by the designation in the building register or land registry. It is determined by considering, among other things, the building’s structure and actual use when the lease was made. However, the fact that the premises were used for residential purposes is not by itself sufficient; the purpose of the lease, whether the tenant actually resided there, and whether the person who entered into the lease had authority to lease the premises must also be considered.
Based on 31 consultation casesGuide to Applying for an Order for Registration of a Residential Leasehold Right and Its Effects
If your lease has ended but your deposit has not been returned, you may apply for an order for registration of a leasehold right and move out after the registration is completed. Any opposability against third parties and preferential right to payment that you had already acquired before registration remain in effect. However, timing matters: you may lose your rights if you move out before the leasehold registration is complete.
Based on 29 consultation casesGuide to the Maintenance and Repair of Rented Housing
As a general rule, the landlord must keep the home in a condition that allows the tenant to use and enjoy it for the purpose of the lease, and must make the repairs necessary to do so. The scope of repairs and responsibility for their costs depend on factors such as the extent and cause of the defect, the terms of the contract, and the effect on the tenant’s use of the home. In some cases, a tenant who makes repairs directly may claim reimbursement for the costs.
Based on 18 consultation casesGuide to Changes in Housing Lease Deposits and Rent
To increase or reduce a deposit or rent during a housing lease, you must consider the statutory requirements, including changed circumstances, and the limit on increases. The rules on increases may differ depending on whether the lease was renewed by implication or a new lease was made after the previous lease ended. Amounts paid above the applicable limit may be claimed back.
Based on 12 consultation cases
Obligations
Creditors’ Right of Revocation: Revoking Fraudulent Acts and Methods of Restoration
If a debtor disposes of property, leaving insufficient common security for general creditors, and the debtor knew of the circumstances, a creditor may seek revocation of the fraudulent act and restoration from the beneficiary or others. The scope of revocation and the method of restoration vary depending on factors such as security interests, whether an auction is underway, and the purpose and timing of the disposition. The action must be brought within the prescribed period.
Based on 115 consultation casesGuide to Extinguishing Claims: Deposits for Performance, Setoff, and Subrogation
A debt may be extinguished through a lawful deposit for performance or setoff, among other means, but the grounds and amount of the deposit and the requirements for setoff must be satisfied. Care is required when collecting deposited funds: failing to reserve an objection or making an improper payment on a garnished claim may lead to issues involving additional claims or double payment.
Based on 91 consultation casesGuide to Joint and Several Debts, Guarantee Obligations, and Rights of Contribution
Joint and several debts and guarantee obligations require consideration not only of liability to the creditor but also of the debtors’ respective shares of liability and rights of contribution among themselves. The scope of a guarantee obligation may vary depending on the contract terms, the guarantee period, changes to the debt, the guarantor’s death, or the principal debtor’s discharge. The contract and the specific circumstances should therefore be reviewed together.
Based on 89 consultation casesGuide to Claim Assignments: Effect and Requirements for Asserting Them
A claim is assigned by agreement between the assignor and the assignee, but requirements such as notice or consent must be met to assert the right against the debtor or another assignee. The outcome may vary depending on an agreement prohibiting assignment, the debtor's defenses and right of set-off, and the type of claim. You should therefore not assume that the assignment alone entitles you to demand payment.
Based on 54 consultation casesGuide to the Requirements and Effects of Exercising a Creditor’s Right of Subrogation
A creditor’s right of subrogation allows a creditor to exercise, on the debtor’s behalf, a right the debtor has against a third party in order to preserve the creditor’s own claim. The creditor must have a claim to preserve and a need to preserve it. Whether the right may be exercised and what effects it has depend on the nature of the right and when the debtor or third party disposes of it.
Based on 49 consultation casesEssential Guide to Claims for Restitution of Unjust Enrichment
To establish a claim for restitution of unjust enrichment, it is important to determine whether the other party obtained a benefit without legal cause and whether that resulted in loss to the claimant. However, whether restitution is owed, and its extent, may vary depending on the specific circumstances, including deductions for expenses, the circumstances at the time of payment, performance for an illegal cause, and final judgments.
Based on 28 consultation casesGuide to Types of Debt Assumption and Creditor Claims
Debt assumption is divided into an exemptive assumption, in which the original debtor is released from the debt; a cumulative assumption, in which the original debtor and the assuming party are both liable; and a performance assumption, in which the assuming party promises to perform only in relation to the debtor. The type is not determined by the label used in the contract alone. Depending on the parties’ intentions and the terms of the agreement, the person against whom the creditor may claim can differ.
Based on 15 consultation casesKey Principles and Precautions Regarding Other Claims
For other claims, the terms of the contract and the nature of the obligation determine matters such as interest on restitution, damages for delay, several liability, and impossibility of performance. Circumstances affecting the exercise of rights—such as a creditor's delay in accepting performance, failure to file a claim, or a report of loss concerning an instrument—must also be considered.
Based on 9 consultation cases
Family law
Guide to the Formation, Nullity, and Annulment of Marriage
A marriage is formed when the parties agree to enter into a legal marriage and register it as required by law. If there was no intention to marry when the marriage was registered, it may be void. Even where grounds for annulment, such as fraud, exist, the specific circumstances and statutory requirements must be considered.
Based on 66 consultation casesGuide to the Requirements and Procedure for Claims for Division of Property Upon Divorce
Division of property upon divorce is a process for liquidating the couple’s jointly accumulated property in substance; whether property is divided is not determined solely by whose name it is in. Various circumstances are considered, including each spouse’s contribution to the formation of the property, the nature of any debts, and the duration of the marriage. If the parties cannot reach an agreement, a claim may be filed with the Family Court.
Based on 51 consultation casesA Guide to Claiming and Changing Child Support and Securing Payment
Parents have a duty to support their minor children, and child support set at the time of divorce may also be changed depending on the child’s welfare and the parents’ circumstances. It may also be possible to claim past child support or take steps to secure payment of unpaid support, but the outcome may vary depending on whether paternity has been legally established, the terms of any existing agreement or court decision, and the circumstances in which the child was actually raised.
Based on 50 consultation casesEssential Guide to Adoption, Termination, and Full Adoption
Adoption creates a legal relationship different from that of a biological parent and child. The intent to adopt, the statutory requirements, and the actual caregiving relationship matter more than form alone. Full adoption has different effects from ordinary adoption, including the general termination of kinship with the biological parents. To end an adoption, the procedures prescribed by law, such as rescission or judicial dissolution, must be followed.
Based on 38 consultation casesGuide to Grounds and Procedures for Judicial Divorce
A judicial divorce requires grounds prescribed by law. The court considers the specific circumstances, including the causes and extent of the marital breakdown, the possibility of reconciliation, and each party’s responsibility. The issues to check include methods of service when a spouse’s whereabouts are unknown, claims by a spouse at fault, and reporting the divorce after the judgment becomes final.
Based on 30 consultation casesGuide to the Appointment, Powers, Change, and Termination of Guardians
Minor and adult guardians are not appointed automatically merely because they are relatives. Their appointment is decided by the court, with the ward’s welfare at the center of its consideration. A guardian’s powers to represent the ward and manage the ward’s property are also subject to limits, and any required reporting and accounting of property when guardianship ends should be checked.
Based on 29 consultation casesA Guide to Exercising and Changing Parental Authority and Managing a Child’s Property
Parental authority is both a right and a duty to protect and raise a child and manage the child’s property, and it must be exercised with the child’s welfare as the guiding consideration. Disagreements between parents, or acts involving conflicting interests between a holder of parental authority and a child, may require a decision by the Family Court or the appointment of a special representative.
Based on 28 consultation casesGuide to Divorce by Agreement: Procedure, Withdrawal, Children, and Division of Property
A divorce by agreement is not completed merely because the spouses agree to divorce; it takes effect only after confirmation of their intentions by the court and registration of the divorce. If there are minor children, arrangements must be made for their care and parental authority. Property matters may be claimed after the divorce even if they were not agreed upon at the time.
Based on 22 consultation casesGuide to Parent-Child Relationships, the Presumption of Paternity, and Legal Actions
A child born during a marriage may be presumed to be the husband's biological child regardless of the actual biological relationship. As a rule, anyone challenging this presumption must file an action to deny paternity. The procedures and filing deadlines for acknowledgment of a child born outside marriage, artificial insemination, posthumous birth, and confirmation of a parent-child relationship vary according to the specific circumstances.
Based on 20 consultation casesGuide to the Duty of Support Among Relatives and Claims for Support Payments
Who has a duty to provide support, and the conditions under which that duty is recognized, depend on the relationship and the parties' living circumstances. This guide examines the standards for issues such as support for adult children, claims for past support, and apportionment among multiple persons with a duty to provide support, as well as when a change may be requested from the court.
Based on 15 consultation casesGuide to Damages and the Return of Engagement Gifts When an Engagement Is Ended
An engagement is formed by an agreement between parties who intend to marry, and that agreement may also be implied. An engagement can be ended, but doing so without just cause or where the breakdown is attributable to a party may give rise to a claim for damages. Engagement gifts and items purchased in preparation for marriage are dealt with according to responsibility and ownership.
Based on 14 consultation casesRecognition of Paternity and Related Matters: A Guide to Claims by Children Born Out of Wedlock and Family Relations Registration
For a child born out of wedlock, a legal parent-child relationship with the biological father does not arise automatically at birth. A report of recognition by the biological father or a final judgment in an action for recognition of paternity is required. Once paternity is recognized, the parent-child relationship retroactively dates from the child's birth; however, if the presumption of paternity applies, it must first be rebutted.
Based on 12 consultation casesGrounds for Claiming Damages for Emotional Distress in Divorce and Key Considerations
In a divorce, damages for emotional distress are compensation for emotional harm claimed from the person responsible for the breakdown of the marriage; they are separate from division of property. Whether a claim can be made and the amount depend on the specific circumstances, including how the marriage broke down, the degree of responsibility, when the claim is brought, and whether the conduct was forgiven.
Based on 10 consultation cases
Administrative law
Administrative Guide to Tax Matters: Taxation, Appeals, and Refunds
In tax disputes, it is necessary to examine who substantively owns the income or property and the grounds for taxation. When challenging a tax disposition, the prescribed procedures and time limits must be followed. Who may claim a refund and which type of lawsuit is appropriate depend on how the refund arose and the legal nature of the claim.
Based on 123 consultation casesGuide to Real Estate Administration and Public Works Compensation
If your land or building is included in a public works project, or you are subject to an administrative disposition relating to development or construction, you should separately check who is entitled to compensation, what items are compensable, what may be challenged, and which procedures apply. Eligibility for compensation and the amount may vary depending on whether the land was actually farmed, occupied, or used for business, the relevant rights and interests, the timing of the project, and the history of the land's use.
Based on 121 consultation casesGeneral Administrative Litigation: Guide to Subject Matter and Filing Deadlines
Before bringing an administrative lawsuit, you should first determine whether the act you wish to challenge is a disposition subject to appeal litigation and whether you have a legally protected interest. As a general rule, the filing periods are 90 days from the date you became aware of the disposition and one year from the date it was made. The available procedures and requirements vary depending on the circumstances, including a failure to act, a stay of execution, or a claim for damages.
Based on 106 consultation casesGuide to Traffic-Related Administrative Disposition Standards and Challenges
Administrative dispositions concerning drunk-driving license revocation, private taxi business licenses, and traffic accidents are assessed based on specific circumstances, including where and how the conduct occurred, the procedures followed, and the type of license involved. The outcome is not determined by the disposition standards alone, so check the notice and hearing procedures and do not miss the statutory deadlines for challenging the disposition.
Based on 79 consultation casesBuilding-Related Administration: Permits, Corrective Orders, and How to Challenge Them
Whether a building permit or corrective order can be challenged depends on whether the decision affects a legally protected interest and whether statutory requirements have been violated. The outcome is not determined solely by the fact that land has been used as a road in practice or that there are concerns about the surrounding environment; the specific circumstances, including the nature of the permit and the progress of construction, must also be considered.
Based on 67 consultation casesGuide to Responding to Business-Related Administrative Permits and Dispositions
Business permits and notices, succession to an operator’s status, and business suspensions or license revocations are assessed under the laws applicable to each industry and in light of the actual form of the business. To challenge an administrative disposition, consider separately its effect and whether execution has been stayed, any disadvantages that remain after the disposition ends, and the consequences of transferring or acquiring the business.
Based on 59 consultation casesTime Limits, Procedures, and Remedies for Administrative Appeals
As a general rule, an administrative appeal must be filed within 90 days from the date you became aware of the disposition and within 180 days from the date the disposition was made. It is important to check in advance how to submit the petition, when an administrative appeal must be pursued, and the consequences of missing the deadline.
Based on 41 consultation casesAdministrative Decisions Concerning Persons of Distinguished Service to the State: Registration and How to Challenge a Decision
Whether a person is registered as a person of distinguished service to the State depends on several requirements, including the relationship between the injury and the performance of duties, the applicable laws and regulations, and the disability rating. If you challenge a denial of registration or a refusal of interment in a national cemetery, first determine which decision may be challenged in court and when you actually became aware of the decision.
Based on 13 consultation cases
Constitutional law
Guide to the Requirements and Procedure for Filing a Constitutional Complaint
A constitutional complaint may be filed when the exercise or non-exercise of public authority infringes your fundamental rights under the Constitution, but it must satisfy requirements such as the infringement being current, direct, and personal to you. If another statutory remedy is available, you must generally pursue it first. The subject matter and filing deadline also vary depending on the circumstances.
Based on 290 consultation casesGuide to Constitutional Complaints under Article 68(2) of the Constitutional Court Act (헌법재판소법 제68조 제2항)
If you believe that a statutory provision applicable to your trial is contrary to the Constitution, you may consider applying to the court during the trial to refer the provision for constitutional review and, if the application is dismissed, filing a constitutional complaint with the Constitutional Court. The Constitutional Court reviews issues such as violations of fundamental rights and may find the statutory provision constitutional, unconstitutional, or incompatible with the Constitution.
Based on 103 consultation casesGuide to the Procedure and Requirements for Constitutional Review of Statutes
Constitutional review of statutes is a procedure in which a court refers a statute to the Constitutional Court for review when its constitutionality is in question in a case to which it applies. A party may apply to the court hearing the case for a referral, but the requirement that the issue be a prerequisite to the trial must be met, and filing an application alone does not result in a ruling that the statute is unconstitutional.
Based on 42 consultation casesGuide to Other Constitutional Issues and Constitutional Court Proceedings
This guide outlines the basics of retrials and criminal compensation following rulings of unconstitutionality, the parties and deadlines for jurisdictional dispute proceedings, and constitutional court procedures such as party dissolution and impeachment. Because each procedure has different eligible petitioners and requirements, the relevant issues must be considered separately.
Based on 10 consultation cases
Criminal law
Other Crimes under the Criminal Act: Elements and Points to Note
Whether other crimes are established depends not only on the nature of the conduct but also on specific circumstances, such as its purpose, whether it was repeated, access privileges, and duties to protect or assist. Punishability is not determined solely by a content rating or the relationship between the parties; the statutory elements of each crime must be examined.
Based on 185 consultation casesViolations of the Act on Special Cases Concerning the Settlement of Traffic Accidents: Punishment and Exceptions
If a person is injured in a traffic accident, the offender cannot always avoid criminal punishment merely because the victim does not wish to press charges or the offender has insurance. Whether an exception applies—such as a signal violation or crossing the center line—and whether the driver breached the duty to take rescue measures after the accident are determined by examining the specific circumstances, including how the accident occurred and the extent of the victim’s injuries.
Based on 124 consultation casesCrimes of Embezzlement and Breach of Trust: Elements and Case Examples
Embezzlement may arise when a person entrusted with another’s property disposes of it as if it were their own or refuses to return it. Breach of trust may arise when a person handling another’s affairs violates their duty, gains a property benefit, and causes loss to the other party. A breach of contract does not by itself constitute a crime; the relevant questions include who owns and holds the property, the nature of the entrusted duties, and whether loss or a risk of loss occurred.
Based on 88 consultation casesRequirements for Criminal Liability and Standards for Punishment under the Criminal Act
Whether a crime has been committed is determined by examining whether the conduct constitutes a crime under the law, whether its unlawfulness is precluded, and whether the person can be held responsible. The mere fact that a person had a mental disorder or was mistaken about the law does not exempt them from punishment; the specific circumstances at the time of the conduct and the statutory requirements must be considered.
Based on 79 consultation casesWhen Are Crimes Relating to Documents Established Under the Criminal Act?
Whether a crime relating to documents has been committed is not determined solely by whether the content is untrue. It is necessary to consider together the authority to prepare the document and its form, the evidentiary effect created by the alteration, the legal significance of the recorded matter, and the circumstances at the time of the conduct.
Based on 71 consultation casesGuide to Types of Criminal Punishment and Sentence Reduction and Enforcement
Punishments include the death penalty, imprisonment with labor, imprisonment without labor, punishments affecting qualifications, and property-related punishments. The type and term of punishment, as well as how it is enforced, vary depending on the crime. Voluntary surrender, repeat offending, the limitation period and lapse of a sentence, confiscation, and collection of equivalent value each have different requirements and effects; it cannot be assumed that any of these circumstances automatically reduces a sentence or exempts a person from enforcement.
Based on 57 consultation casesFraud and Extortion: Elements and Examples
The key issue in fraud is whether deception caused another person to act under a mistake, leading to the acquisition of property or a property benefit; merely being unable to repay money does not immediately establish fraud. Extortion involves obtaining a property benefit by frightening someone through intimidation, and requires consideration of whether the victim took an act of disposition.
Based on 48 consultation casesWhen Are Theft and Robbery Offenses Established, and How Are They Assessed?
The key issues in theft are whether property possessed by another person was taken against the possessor’s will and whether there was an intent to unlawfully appropriate it. For robbery and quasi-robbery, the purpose of the assault or intimidation and its temporal and spatial connection to the theft must be considered. The outcome may also depend on family relationships and the state of possession.
Based on 48 consultation casesGuide to the Elements and Key Issues of Offenses Involving Obstruction of Official Duties
Obstruction of the performance of official duties may be established when a public official is assaulted or intimidated while lawfully performing official duties. Whether obstruction of official duties by fraudulent means or the offense of invalidating official marks has been committed depends on the specific circumstances, including whether the conduct actually impeded the official's work or the effect of a compulsory measure.
Based on 44 consultation casesOffenses under the Road Traffic Act: Alcohol, Unlicensed Driving, and Post-Accident Duties
Whether a violation of the Road Traffic Act has occurred depends on factors such as the circumstances of an alcohol test, the situation at the time of driving, measures taken after an accident, and the driver’s license status. In particular, whether refusing an alcohol test or driving in a parking lot constitutes an offense depends on the specific legal requirements, so both the conduct and the legality of the evidence must be considered.
Based on 40 consultation casesGuide to the Crimes of Rape and Indecent Acts under the Criminal Act
Whether rape, indecent assault by compulsion, quasi-rape, or a related offense under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes has been committed depends on the manner of the conduct, the victim’s condition and relationship to the person involved, the location, and the circumstances surrounding any recording or distribution. The degree of violence or intimidation, whether the conduct was indecent, and the victim’s disability or mental or physical condition are assessed by considering the specific circumstances as a whole.
Based on 39 consultation casesEssential Guide to Suspension of Pronouncement, Suspended Execution, and Parole
A suspension of pronouncement defers the pronouncement of a sentence, while a suspension of execution defers execution of a sentence that has been pronounced for a specified period. Parole is the conditional release, before the sentence expires, of a person serving a sentence who meets certain requirements. Each has different requirements and effects.
Based on 35 consultation casesGuide to Offenses Under the Improper Check Control Act (부정수표단속법 위반죄)
The fact that a check was dishonored does not by itself give rise to criminal liability. It is necessary to consider whether the issuer foresaw nonpayment when issuing the check, whether the reason for nonpayment is one specified by law, and whether the check was recovered.
Based on 31 consultation casesCrimes Against Reputation: A Guide to Defamation and Criminal Insult
The key issue in criminal defamation is whether specific facts that could lower a particular person’s social standing were disclosed publicly; in criminal insult, it is whether contemptuous language was used without asserting a fact. The content and context of the expression, the scope of its audience, the likelihood of dissemination, and the public interest must all be considered, so it is difficult to decide uniformly based only on the words spoken or posted.
Based on 28 consultation casesGuide to Bodily Injury, Assault, and Self-Defense under the Criminal Act
Assault is the use of physical force against a person, while bodily injury involves harm to the person’s physical functions or health. The offense charged may vary depending on the severity of the injury, the causal connection between the conduct and the outcome, and whether self-defense applies, so the specific circumstances must be considered.
Based on 27 consultation casesRequirements for Murder and Attempted and Preparatory Offenses
Murder is not established merely by the fact that the victim died; the prosecution must prove intent to kill and a causal link between the conduct and the death. It may be established by circumstantial evidence even where there is no direct evidence or no body has been found, but the evidence must prove the charge beyond a reasonable doubt.
Based on 25 consultation casesRequirements for the Crime of False Accusation and Whether It Is Punishable
The crime of false accusation may be established when a person reports information contrary to objective facts to a public office or public official with the purpose of causing another person to face criminal punishment or disciplinary action. The circumstances must be examined closely, including whether a core part of the report was false, whether the reported facts could have been subject to criminal punishment when reported, and whether the person making the report knew it was false.
Based on 23 consultation casesA Practical Guide to Offenses Under the Act on the Aggravated Punishment, etc. of Specific Crimes
The Act on the Aggravated Punishment, etc. of Specific Crimes provides for aggravated punishment for certain offenses, including bribery, fleeing after a traffic accident, assaulting a driver, and dangerous driving. Whether an offense is established, however, depends on the elements of the relevant provision, the specific circumstances after the accident, and how the offense relates to other offenses.
Based on 20 consultation casesRequirements for Trespass to a Residence and Key Cases
Whether the crime of trespass to a residence is established depends primarily on whether the peace and security enjoyed by the actual resident have been disturbed, rather than on whether the person in possession has a legal right to occupy the residence. Even where consent to enter was given, the crime may be established depending on the true meaning of that consent, the purpose of entry, and how the place is managed.
Based on 19 consultation casesKey Guide to Offenses Under the Act on the Punishment of Acts of Violence, etc.
Punishment relating to the Act on the Punishment of Acts of Violence, etc. depends on specific circumstances, including whether a dangerous object was carried, whether the offense was committed jointly, whether the conduct was habitual, and whether the group qualifies as a criminal organization. Because some provisions of the former law were deleted after being held unconstitutional, it is important to distinguish the provisions in force at the time of the example from the Criminal Act provisions that apply today.
Based on 16 consultation casesKey Guide to Crimes Relating to Credit, Business, and Auctions
According to the cases provided, the offense of damaging credit may be at issue when false facts or a deceptive scheme damages public trust in another person’s ability or willingness to pay. Obstruction of business requires that protected business be obstructed through the dissemination of false facts, a deceptive scheme, or force; the outcome may vary depending on the nature of the statements and the circumstances and extent of the conduct. The cases provided do not include specific advice concerning crimes relating to auctions.
Based on 14 consultation casesWhen Are Crimes Concerning Gambling and Lottery Tickets Punishable?
If a person stakes money or other property benefits on a contest whose outcome cannot be predicted with certainty or controlled, the offense of gambling may be established even if athletic skill affects the result. Whether the conduct amounts only to temporary amusement, whether the person arranged or opened a place for gambling, and whether the person acted habitually are assessed based on the specific circumstances.
Based on 13 consultation casesHow far does criminal liability extend for offenses related to public officials’ duties?
A public official’s duties are not limited to the tasks currently assigned to them, and benefits—whether pecuniary or non-pecuniary—received in connection with those duties may constitute bribes. However, dereliction of duty, abuse of authority, and unlawful disclosure of official secrets each have different elements, so the purpose and circumstances of the conduct, as well as the official’s actual authority and role, must be considered.
Based on 12 consultation casesGuide to the Elements and Penalties for Offenses Involving Stolen Property
Offenses involving stolen property may arise when a person acquires, transfers, transports, or conceals property obtained through a property crime, or arranges for any of these acts. Whether and when the person knew the property was stolen, whether they actually obtained possession or the right to dispose of it, and whether they are related to the principal offender or the victim may affect whether an offense is established and the applicable punishment.
Based on 11 consultation casesWhen does negligence causing death or injury give rise to criminal liability?
A person does not automatically incur criminal liability just because someone was injured or died as a result of negligence. The specific circumstances are examined to determine whether the person had a duty of care to foresee and prevent the outcome, and whether the breach of that duty caused the harm.
Based on 10 consultation casesCriminal Offenses Against Sexual Morals: Standards for Obscene Conduct and Material
Whether obscene material or bodily exposure is punishable depends on the content and manner of the expression, the scope of its exposure to the public, and the circumstances. In particular, obscenity, public accessibility, and distribution through an information and communications network are separate requirements and should be considered separately.
Based on 10 consultation cases
Criminal procedure
Guide to the Admissibility of Evidence and Trial Procedure in Criminal Cases
Whether evidence may be used in a criminal trial depends on how it was collected and prepared, and on whether there was an opportunity to challenge the statements and contents in court. As a general rule, unlawfully collected evidence cannot be used, while some evidence is admissible only if it is confirmed in court or meets strict requirements for an exception.
Based on 127 consultation casesGuide to Criminal Complaints and Accusations, Withdrawal, and Procedures
A complaint is a victim’s or another person’s notification to an investigative authority of alleged criminal conduct, together with a request for punishment. An accusation may also be made by someone who is not entitled to file a complaint. The effect of withdrawing a complaint depends on the type of offense and when it is withdrawn, and merely signing an agreement does not withdraw a complaint.
Based on 46 consultation casesHow Should You Respond to Arrest, Detention, Release, and Bail?
A suspect in custody may request a review of the legality of the arrest and detention during the investigation stage, while an indicted defendant may apply for bail. Whether release is granted and what conditions apply are determined by the court based on the specific circumstances. Violating bail conditions may result in renewed detention or forfeiture of bail.
Based on 44 consultation casesExecution of Criminal Judgments: Guide to Fines, Sentence Terms, and Confiscation
This guide summarizes the standards for dealing with key issues that arise after a judgment becomes final, such as paying fines in installments or substituting community service, suspension of sentence execution, and calculating sentence terms. Applications and objections are subject to deadlines and eligibility requirements, and separate remedies may be needed in some circumstances, such as the confiscation of property owned by a third party.
Based on 39 consultation casesGuide to Decisions Not to Prosecute in Criminal Proceedings and How to Challenge Them
A decision not to prosecute is a disposition in which a prosecutor does not refer a case for trial. It includes several types, such as no suspicion, suspension of indictment, and no right to prosecute. The available methods of challenge, eligibility, and deadlines vary depending on whether the person is a complainant, accuser, victim, or suspect. Check the notice of disposition and the case records, and observe the applicable deadlines.
Based on 33 consultation casesA Guide to Procedures and Responses in Juvenile and Domestic Violence Cases
Juvenile and domestic violence cases follow procedures that differ from ordinary criminal trials, and protective dispositions may be imposed instead of criminal penalties. The effects of protective dispositions, how to challenge them, applications for a court-appointed assistant, and interim measures in domestic violence cases depend on the type and stage of the case.
Based on 26 consultation casesGuide to Appeals in Criminal Cases: Appeal and Further Appeal Procedures and Key Considerations
To challenge a criminal judgment, you must comply with the deadlines and filing requirements for an appeal or further appeal, as well as the deadline for submitting a statement of grounds for appeal. Whether the sentence can be increased on appeal depends, among other things, on whether the prosecutor also appealed. In a further appeal, there are limits on raising new issues that were not addressed by the appellate court.
Based on 21 consultation casesGuide to Criminal Retrials and Formal Trials Against Summary Orders
To challenge a summary order, you must generally request a formal trial within 7 days from the day you are notified of it. If you miss the deadline, you should consider whether the delay was due to a reason not attributable to you and the procedure for applying for restoration. A retrial must be requested against a final judgment by a person entitled to do so and on a ground prescribed by law. Whether a special pardon was granted or formal-trial proceedings took place may affect the subject and outcome of a retrial.
Based on 13 consultation casesOther Criminal Procedure: Victims’ Rights and Compensation
During a criminal trial, a victim may apply for a compensation order for direct losses, medical expenses, emotional distress, and other damages arising from certain crimes. A person who dies or sustains a disability or serious injury as a result of a crime may apply for crime victim compensation. After an acquittal or a decision not to prosecute, a claim for criminal compensation may be made subject to the applicable requirements. Victims may also request measures such as the presence of a support person or a closed hearing when they are examined as witnesses.
Based on 13 consultation cases
This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).