Guide to Applying to Change the Scope of Claims Exempt from Attachment

Based on 35 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

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.

Debtor, creditor, and court → Debtor → Creditor → Court → Debtor faces attachment of a claim said to be exempt → Has collection already been completed? → Yes → No automatic remedy The court cannot act on its own A scope change does not recover funds already collected → No → Was the protected claim deposited into an account? → Will the debtor apply to court? → Yes — Civil Execution Act, Article 246, paragraph 3 → The court may change the exemption scope and cancel all or part of the attachment → Show evidence the funds are exempt → Check the source of funds and any special statutory protection → Court weighs relevant circumstances → Check the creditor and debtor financial circumstances and other relevant circumstances → Effect is prospective → Check whether collection is already complete A scope change does not return collected funds

Key points

Claims exempt from attachment may include not only claims under the Civil Execution Act but also claims whose attachment is restricted by special statutes and claims that cannot be assigned.
As a rule, when a claim exempt from attachment is deposited into an account, the original claim and the deposit claim lose their identity, and the exemption from attachment does not automatically extend to the deposit claim (Supreme Court Order of October 6, 1999, Case No. 99Ma4857).
A debtor who has received an attachment order 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 (Civil Execution Act, Article 246, paragraph (3) (민사집행법 제246조 제3항)).
The court rules upon an application by a party, taking into account the financial circumstances of the creditor and debtor and other relevant circumstances; it cannot change the scope of the exemption on its own initiative.
There are cases in which a debtor may apply to change the scope of the exemption and seek cancellation of the attachment as to the relevant amount, even where funds protected under special statutes—such as the basic pension, disability allowance, or benefits under the National Basic Living Security Act—have been deposited into an account.
In one case, the court held that the right to receive benefits under a retirement pension plan was entirely exempt from attachment under the prohibition on assignment in the Employee Retirement Benefit Security Act (Supreme Court Decision of January 23, 2014, Case No. 2013Da71180).
A decision changing the scope of the exemption removes the effect of the attachment order prospectively. It therefore does not affect collection actions already completed or permit a claim for repayment of the collected funds (Supreme Court Decision of July 10, 2014, Case No. 2013Da25552).
There are cases holding that even if an application is titled “immediate appeal” or “objection,” the enforcement court should treat it as an application to change the scope of the exemption if its substance seeks cancellation of the attachment order (Supreme Court Order of December 12, 2008, Case No. 2008Ma1774).

Frequently asked questions

Q. Is attachment-prohibited wages automatically protected once deposited into a bank account?

As a rule, no. Once a claim exempt from attachment is deposited into an account, it becomes a deposit claim and loses its identity as the original claim. The debtor may therefore need to apply to the court to change the scope of the exemption and seek cancellation of the attachment.

Case 2, Case 6

Q. How can I withdraw a basic pension or disability allowance from an attached account?

You may apply to the enforcement court to change the scope of the claims exempt from attachment, providing documents or other evidence showing that the wages are exempt from attachment. If the court cancels the attachment order to the extent that it covers those wages, you may request withdrawal in accordance with that decision.

Case 19, Case 21

Q. Who may apply to change the scope of claims exempt from attachment?

A debtor may apply to have an attachment order cancelled, and a creditor may apply for an attachment order against a claim that the law makes exempt from attachment. A creditor seeking a provisional attachment may also apply. The generally accepted view is that a person merely requesting distribution and a third-party debtor, among others, have no right to apply.

Case 16

Q. What happens if I mistakenly title my application as an immediate appeal or an objection?

The substance matters more than the document’s title. There are cases holding that, if the document seeks cancellation of all or part of an attachment order, the enforcement court should treat it as an application to change the scope of the exemption and rule on it, absent special circumstances.

Case 8, Case 17

Q. If I apply to change the scope of the exemption, can I get back money the creditor has already withdrawn?

According to the cases, a decision changing the scope of the exemption removes the effect of the attachment order only prospectively. Amounts already collected are not subject to return solely by virtue of that decision, and the court has also held that the debtor cannot claim restitution of unjust enrichment from the creditor.

Case 12, Case 13

Q. Can an account be attached after a retirement pension has been deposited into it?

In one case, the court held that the statutory prohibition on assignment under the Employee Retirement Benefit Security Act takes precedence over the restrictions on attachment of wage claims under the Civil Execution Act, making the entire claim to retirement pension benefits exempt from attachment. If a retirement pension is attached after being deposited into an account, the debtor may apply to change the scope of the exemption and seek cancellation of the attachment of that deposit.

Case 5, Case 9

Q. How much of a bank deposit is exempt from attachment as living expenses?

The Enforcement Decree of the Civil Execution Act cited in the case treats up to KRW 1.5 million of each individual’s deposit balance as exempt from attachment. However, if there is cash that cannot be attached, that amount is deducted from the limit set for deposits, so cash and deposits must be considered together.

Case 18

Q. Can I challenge a decision changing the scope of claims exempt from attachment?

An immediate appeal may be filed against a decision granting an application to change the scope of the exemption. The case explains that the notice of appeal must be filed with the court of first instance within the non-extendable period of one week from the date the decision is served. The case notes that views differ on how to challenge a decision denying the application.

Case 24

Q. Can attachment be cancelled if a traffic accident settlement payment is deposited into my account?

A case held that damages or a settlement payment received directly by a victim from the wrongdoer is not exempt from attachment, unlike a direct claim against an insurance company. Accordingly, attachment cannot be cancelled through an application to change the scope of the exemption merely because the funds are a settlement payment.

Case 20

Relevant laws

Civil Execution Act, Article 15 (민사집행법 제15조)
Civil Execution Act, Article 16, paragraph (2) (민사집행법 제16조 제2항)
Civil Execution Act, Article 195 (민사집행법 제195조)
Civil Execution Act, Article 196 (민사집행법 제196조)
Civil Execution Act, Article 223 (민사집행법 제223조)
Civil Execution Act, Article 246, paragraphs (1) through (4) (민사집행법 제246조 제1항부터 제4항까지)
Civil Execution Act, Article 291 (민사집행법 제291조)
Enforcement Decree of the Civil Execution Act, Article 6 (민사집행법 시행령 제6조)
Enforcement Decree of the Civil Execution Act, Article 7 (민사집행법 시행령 제7조)
Employee Retirement Benefit Security Act, Article 7 (근로자퇴직급여 보장법 제7조)
Basic Pension Act, Article 21 (기초연금법 제21조)
Welfare of Persons with Disabilities Act, Article 82 (장애인복지법 제82조)
National Basic Living Security Act, Article 35 (국민기초생활 보장법 제35조)
Guarantee of Automobile Accident Compensation Act, Articles 10 and 40 (자동차손해배상 보장법 제10조 및 제40조)
Housing Lease Protection Act, Article 8 (주택임대차보호법 제8조)

Watch out for

The fact that funds exempt from attachment have been deposited into an account does not, by itself, mean that the deposit claim is automatically exempt from attachment.
The application may require evidence confirming the source and nature of the funds. The court will consider the specific circumstances, including the financial circumstances of the creditor and debtor.
If the funds have already been collected before the decision changing the scope of the exemption is issued, that decision alone will not allow you to recover money already paid.
An immediate appeal against a decision granting the application must, according to the case, be filed within the non-extendable period of one week from the date the decision is served. Be careful not to miss the deadline.

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).