법률사무소 해온

Congratulations once again on winning your infidelity lawsuit in Korea with Law Office Haeon.

Typically, in infidelity lawsuits in Korea, defendants tend to promptly pay the awarded damages to conclude the legal proceedings, often due to the social stigma associated with such cases. 

However, there are instances where the defendant does not voluntarily pay the judgment amount. 

For those facing this predicament, this guide explains the compulsory enforcement procedures (강제집행절차) and the process for listing the debtor on the bad credit register to Korean Court(채무불이행자명부 등재), which Law Office Haeon provides additional legal service with.

1. Compulsory Enforcement STEP 1: Securing the Title of Execution (집행권원)

Receiving a favorable court judgment does not immediately grant you the right to carry out compulsory enforcement against the defendant's assets in Korea. Compulsory enforcement can commence only after the judgment becomes final and conclusive. This occurs if the defendant does not file an appeal within 14 days of being served with the written judgment.

What happens if the defendant intentionally avoids receiving the written judgment? Even if the defendant evades service, the judgment can be finalized through the process of service by public notice (공시송달), allowing the enforcement proceedings to move forward.

To apply for compulsory enforcement, it is a general principle that you must obtain all three of the following documents based on the finalized judgment. Together, these documents constitute a ‘writ of execution’ (집행력 있는 정본).

⑴ Writ of Execution (집행문)

A writ of execution is a document in which a court official, such as a court clerk, officially certifies that the judgment has the legal force for compulsory enforcement and identifies the parties to the enforcement. 

In essence, it is akin to an official order from the court granting the creditor permission to proceed with compulsory enforcement against the debtor's assets. The creditor is qualified to apply for compulsory enforcement only after receiving this writ appended to the end of the certified copy of the judgment served by the court.

⑵ Certificate of Service (송달증명원)

This is a document certified by the court confirming that the certified copy of the judgment was legally served to the defendant (the debtor).

⑶ Certificate of Final Judgment (확정증명원)

This document certifies that the judgment has become final and can no longer be contested through appeal (항소) or final appeal to the Supreme Court (상고). As compulsory enforcement is, in principle, only possible for such finalized judgments, the certificate of final judgment is a key document that ensures the stability of the enforcement process.

2. Compulsory Enforcement STEP 2: Identifying the Defendant's Assets

If the defendant does not voluntarily disclose their assets, their property can be identified through an Application for Property Specification and an Application for Property Inquiry in Korea.

⑴ Application for Property Specification (재산명시신청)

This is a procedure that compels the debtor (defendant) to appear in court and submit a self-prepared list of their assets.

However, since the defendant may be uncooperative or fail to disclose all their assets, Law Office Haeon meticulously verifies the defendant's assets through an Application for Property Inquiry, even if the defendant submits property specification documents.

⑵ Application for Property Inquiry (재산조회신청)

This system allows for a direct inquiry into the defendant's assets registered under their name by utilizing the electronic networks of public institutions, financial institutions, and other organizations through the court.

 • Real Estate: Ownership of land and buildings can be inquired through the National Court Administration, the Ministry of Land, Infrastructure and Transport, etc. Notably, real estate inquiries can be made retroactively for up to two years.

 • Financial Assets: It is possible to inquire about deposits, stocks, funds, and insurance contracts (surrender value) at almost all financial institutions, including commercial banks, securities firms, insurance companies, savings banks, and community credit cooperatives.

 • Vehicles and Construction Machinery: Vehicle ownership information can be confirmed through the respective city and provincial governments.

 • Intellectual Property Rights: Rights such as patents and trademarks can also be inquired through the Korean Intellectual Property Office. 

The property inquiry through this application typically takes about one month.

3. Compulsory Enforcement STEP 3: Compulsory Enforcement

The methods of compulsory enforcement vary depending on the type of asset targeted, each with different advantages, disadvantages, and effects. Strategically, it is generally advantageous to proceed in order, starting with the fastest and most effective methods.

⑴ Seizure and Collection Order for Claims (채권압류 및 추심명령): The Fastest and Most Potent Method

A seizure and collection order is a procedure that allows the plaintiff (creditor) to directly receive money (claims) that the defendant (debtor) is entitled to receive from a third party (third-party debtor). This is a highly effective method that requires relatively little cost and time, making it the first option to consider.

⑵ Major Targets for Seizure

① Bank Deposit Claims (예금 채권)

This is the most representative and effective target for seizure. Once the court's seizure order is served to a bank, the bank freezes (suspends payment from) all accounts in the defendant's name up to the claimed amount. Subsequently, the creditor can receive the money directly from the bank based on the collection order. A significant advantage is that you can apply by specifying only the bank, even without knowing the exact account numbers. It is also possible to apply to multiple banks simultaneously.

② Salary Claims (급여 채권)

This is a very powerful tool if the defendant is an employee. When the court's seizure order is served to the defendant's company (the third-party debtor), the company is obligated to pay the creditor the defendant's salary, excluding the amount exempt from seizure by law (such as minimum living expenses). This not only provides a stable path for debt recovery but also creates strong psychological pressure, as the defendant's reluctance to have their debt known at their workplace often induces voluntary payment.

③ Lease Deposit Refund Claims (임대차보증금 반환 채권)

If the defendant resides in a leased property, you can seize the lease deposit they are entitled to receive from the landlord (the third-party debtor). When the lease agreement terminates, the landlord must pay the deposit to the creditor instead of the defendant.

⑶ Seizure of Movable Property (Household Goods, etc.) (유체동산 압류)

The seizure of movable property is a form of compulsory enforcement where a court enforcement officer visits the defendant's residence or place of business and attaches seizure stickers (commonly known as 'red stickers' (빨간 딱지)) to valuable items such as TVs, refrigerators, jewelry, and office equipment.

① Procedure

After submitting an application for compulsory enforcement to the enforcement office of the court with jurisdiction over the location of the assets and prepaying the costs, the enforcement officer sets a date and conducts the seizure on-site with the creditor. The seized items are later sold through an auction, and the proceeds are paid to the creditor.

② Practical Effects

The financial gain from seizing movable property may not be substantial, as the auction value of used household goods is often lower than expected. However, the true value of this procedure lies in the immense psychological and social pressure it exerts on the defendant. The process of an enforcement officer entering one's home or office and placing red stickers on personal belongings is tantamount to disclosing the debt to family, neighbors, and colleagues, causing extreme shame and embarrassment. Unable to withstand this pressure, many defendants find a way to secure funds and make payment, making this a highly effective means of inducing debt repayment.

⑷ Compulsory Auction of Real Estate (부동산 강제경매)

If the property inquiry reveals that the defendant owns real estate such as an apartment or land, a compulsory real estate auction is the most certain way to recover the largest claims.

While a compulsory real estate auction is highly effective, it typically takes over a year from application to dividend distribution and incurs additional costs such as appraisal fees, service fees, and registration taxes.

4. Listing on the Bad Credit Register (채무불이행자명부 등재)

The system for listing on the bad credit register in Korea is a procedure for registering the defendant as a defaulter with the court, which is linked to all financial institutions in the country. It is a system that compels debt repayment by officially branding the defendant as a ‘defaulter,’ thereby imposing significant restrictions on their social and financial activities.

⑴ Requirements and Procedure for Listing

An application for listing on the bad credit register can be filed if the defendant fails to fulfill their debt obligations within six months after a judgment ordering monetary payment has become final.

The procedure for listing on the bad credit register is handled by the court with jurisdiction over the defendant's place of residence.

⑵ Effects of Listing

Once a person's name is on the bad credit register, the register is kept at the court that made the decision, and a copy is sent to all financial institutions and credit information companies nationwide. As a result, the defendant faces the following critical disadvantages:

• Suspension of all financial transactions: It becomes virtually impossible to obtain new loans, issue credit cards, or open bank accounts. Existing credit cards may also be suspended.

• Plummeting credit score: The credit score drops to the lowest level, making normal economic activities extremely difficult.

• Public dishonor: The register is open for public viewing at the court, severely damaging the defendant's credit and reputation.

The most formidable aspect of this system is its persistence. Even after the debt is fully paid and a request for removal is made, the record may remain with financial institutions for a certain period (typically 5 years), continuing to cause disadvantages. If the debt is not paid, the court will automatically remove the listing only after 10 years from the year following the listing. This is equivalent to shackling the defendant's economic life for a long period, making it a powerful final measure of pressure that compels even the most stubborn debtors to consider repayment.

5. Law Office Haeon

Where lawyers entrust their own divorce cases.

Where opposing counsel refers their family members for adultery cases.

Where recommended by adversaries who have lost cases against it.

This is the story of Law Office Haeon.

However, Haeon does not rest on the recognition of these professionals and continues to strive forward.

Our expertise is reaffirmed by the trust placed in its experience and results by professionals from various fields—including famous K-POP entertainers, national athletes, and broadcast journalists—who have chosen Haeon.

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