Guide to Civil Statutes of Limitations: Time Limits and How to Interrupt Them

Based on 188 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

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.

People involved → Creditor → Debtor → A creditor is checking whether a civil claim is still enforceable → Is the claim for damages arising from a tort? → Yes · Civil Act Article 766 → Has the applicable limitation period expired? → No · Civil Act Articles 162 and 163 → Yes → The claim may be time-barred or at risk → No → Was a recognized interruption step taken? → Yes · Civil Act Articles 168 and 178 → The limitation period may have been interrupted or preserved → Ordinary claims generally have a 10-year period Tort claims have 3-year and 10-year periods Later specific aftereffects may affect when time starts → A claim, attachment, provisional attachment, provisional disposition, or debt acknowledgment may interrupt time A partial payment depends on the circumstances → A formal demand or asset-disclosure order may require further action within 6 months A judgment and a joint guarantor m…

Key points

As a general rule, an ordinary claim is extinguished by prescription if it is not exercised for 10 years. However, a shorter period may apply to claims for which a shorter period is prescribed by law (Civil Act, Articles 162 and 163 (민법 제162조, 제163조)).
For a claim for damages arising from a tort, both of the following periods apply: 3 years from the date the victim or their legal representative becomes aware of the damage and the person who caused it, and 10 years from the date of the tort (Civil Act, Article 766 (민법 제766조)).
If aftereffects or an increase in damages that could not reasonably have been anticipated at the time of the tort later become apparent, the limitation period may begin when the damage becomes actual and specific. The relevant point in time must be determined based on the specific circumstances (Cases 9 and 20).
The limitation period may be interrupted by a claim, attachment, provisional attachment, provisional disposition, or acknowledgment of a debt. A partial payment may also constitute acknowledgment of a debt, but the outcome depends on the circumstances, including which debt the payment was for (Civil Act, Articles 168 and 178 (민법 제168조, 제178조); Case 11).
A formal demand, such as one made by certified content mail, does not by itself maintain the effect of interrupting the limitation period indefinitely. As a general rule, further action, such as filing a lawsuit or attaching property, must be taken within 6 months (Civil Act, Article 174 (민법 제174조); Cases 7 and 14).
An order to disclose assets may have only the effect of a formal demand, rather than the same effect as an attachment. Its effect may therefore be lost if no further action is taken within 6 months after the order is served (Cases 6 and 7).
If a creditor appears as a defendant in a lawsuit brought by the debtor, actively asserts their rights, and that assertion is accepted, it may be recognized as a judicial claim. However, if the lawsuit ends without a decision on the merits, another step to interrupt the limitation period may need to be taken within 6 months (Civil Act, Article 170 (민법 제170조); Cases 6 and 17).
If a claim is confirmed by judgment, its limitation period may become 10 years. However, the same period does not automatically apply to a joint guarantor who was not a party to the judgment. The limitation periods for the principal debtor and the guarantor must be considered separately (Civil Act, Articles 165 and 440 (민법 제165조, 제440조); Case 25).

Frequently asked questions

Q. Is the limitation period 10 years for all civil claims?

No. The general rule is 10 years, but a shorter period, such as 3 or 5 years, may apply depending on the type of claim. You should first identify the nature of the claim and the basis on which it arose.

Case 2, Case 4, Case 5, Case 10, Case 11

Q. If I learn about aftereffects some time after being injured by a tort, does the limitation period still start on the date of the accident?

If new damage or an increase in damage that could not reasonably have been anticipated at the time of the accident becomes apparent later, the limitation period may begin when that damage is confirmed as actual and specific. However, when the damage was known at the time must be determined based on the specific circumstances.

Case 9, Case 20

Q. If the debtor makes a partial repayment, does the limitation period for the remaining debt start again?

If a partial payment is made before the limitation period expires and there is no dispute about the amount paid, it may be treated as an acknowledgment of the debt, interrupting the limitation period for the remaining debt as well. However, the outcome may differ if special circumstances apply, such as uncertainty over which of several separate debts the payment was for.

Case 11

Q. Does sending certified content mail keep the limitation period interrupted?

A formal demand may have a provisional effect of interrupting the limitation period if certain conditions are met, but repeatedly making demands alone does not keep that effect in force. As a general rule, further action, such as filing a lawsuit or attaching property, must be taken within 6 months after the demand.

Case 7, Case 14, Case 19

Q. If I obtain an order to disclose assets, does it interrupt the limitation period just like an attachment?

An order to disclose assets is not treated as a ground for interrupting the limitation period in the same way as an attachment, provisional attachment, or provisional disposition; it may have only the effect of a formal demand. That effect may be lost if no further action, such as filing a lawsuit or attaching property, is taken within 6 months after the order is served.

Case 6, Case 7

Q. If the debtor files a lawsuit first, can I interrupt the limitation period by asserting my claim as the defendant?

If the defendant actively asserts their rights in the lawsuit and that assertion is accepted, it may constitute a judicial claim. However, merely defending the lawsuit does not always have this effect, and if the case ends without a decision on the merits, you may need to take another step within 6 months.

Case 6, Case 17

Q. Does a judgment against the principal debtor make the guarantor's debt subject to a 10-year limitation period too?

Even if a judgment between the principal debtor and the creditor makes the limitation period for the principal debt 10 years, that same period does not automatically apply to a guarantor who was not a party to the judgment. The limitation period applicable to the guarantee debt may depend on the nature of that claim, and you should also consider whether the limitation period for the principal debt has expired.

Case 12, Case 25

Q. Does obtaining a notarial deed for a promissory note extend the limitation period to 10 years?

A notarial deed may be used for compulsory execution, but it does not have the same res judicata effect as a final judgment. Therefore, the deed alone does not change the limitation period to 10 years. The nature and limitation period of the underlying claim and the claim under the note must each be considered.

Case 15

Relevant laws

Civil Act, Article 162 (민법 제162조)
Civil Act, Article 163 (민법 제163조)
Civil Act, Article 165 (민법 제165조)
Civil Act, Article 166 (민법 제166조)
Civil Act, Article 168 (민법 제168조)
Civil Act, Article 170 (민법 제170조)
Civil Act, Article 174 (민법 제174조)
Civil Act, Article 178 (민법 제178조)
Civil Act, Article 423 (민법 제423조)
Civil Act, Article 440 (민법 제440조)
Civil Act, Article 766 (민법 제766조)
Commercial Act, Article 64 (상법 제64조)
Commercial Act, Article 724(2) (상법 제724조 제2항)
Guarantee of Automobile Accident Compensation Act, Article 10 (자동차손해배상 보장법 제10조)
Guarantee of Automobile Accident Compensation Act, Article 41 (자동차손해배상 보장법 제41조)

Watch out for

The limitation period and the date on which it begins to run may vary depending on the type of claim, the due date for payment, when the damage became specifically known, and other factors.
A formal demand, an order to disclose assets, filing a lawsuit, and a provisional attachment do not all have the same effect. If a proceeding is withdrawn or ends without a decision on the merits, check the deadline for taking further action.
The effect of interrupting the limitation period may differ for claims against the principal debtor, a guarantor, a joint and several debtor, or an insurance company. The relevant debts and legal relationships should therefore be considered separately.
Whether the limitation period has expired may not be something the court determines automatically. In an actual dispute, the parties' arguments and the specific facts are important.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

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).