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Q
What exactly are the legally permitted debt collection hours?
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The debtor keeps delaying repayment. I understand that collection is regarded as illegal debt collection after a certain time, so are debt collection hours set by law? I would like to know exactly which hours of contact or visits amount to illegal collection.
debt collection hours
Answer to Related Inquiry
Author: 정찬우
Debt collection hours are clearly restricted under the Act on Fair Debt Collection Practices, and violating them constitutes illegal collection that is subject to punishment.
The most important standard is that a collector may visit the debtor only during hours that do not disturb the debtor's peaceful daily life, which is a requirement that must be observed.
The exact permitted time runs from 8 a.m. to 9 p.m., and any visit outside that time is regarded as illegal collection unless there is a justifiable reason.
If a collector violates this and causes the other party fear or anxiety and thereby seriously harms the peace of the debtor's private life or work, the collector may be punished under the Debt Collection Act by imprisonment of up to three years or a fine of up to 30 million won.
In addition, even within lawful hours, the following conduct may constitute illegal collection.
▷ Informing a third party other than the debtor of false facts
▷ Coercing the debtor to repay even by borrowing money
▷ Demanding that a third party who has no duty to repay make repayment instead
▷ Disclosing the details of the debt in front of many people at the workplace, residence, or a similar location
Committing any of the above acts may lead to punishment for violating the Debt Collection Act, namely imprisonment of up to three years or a fine of up to 30 million won.
Therefore, as the creditor, you should carry out collection only within the debt collection hours and scope permitted by law, and if you collect outside those hours or by unlawful means, you may instead bear criminal liability.
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