Other Enforcement Procedures (Property Disclosure, Property Inquiry, Registration on the List of Defaulters)

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Select your current step and the content for that step will appear below.

1. 1Application for property disclosure
2. 2Property disclosure order and setting of the date
3. 3Submission of the property list and oath
4. 4Application for property inquiry
5. 5Property inquiry and notice of results
6. 6Application for registration on the list of defaulters
7. 7Registration decision and notice

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies with the court's circumstances and whether service (official delivery of court documents) succeeds

Cost

Stamp fee and service fee; for property inquiry, inquiry costs per institution

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   This starts when you have an enforceable title (a document that allows compulsory execution), such as a judgment, mediation record or child support record, but the other party still does not pay child support or consolation money and you do not know their property. This is because if you do not know the property, there is nothing to attach. Attach the enforceable title and certificate of execution and apply for property disclosure to the court for the debtor's (the person who owes the money) address.

2. 2

   The court sets a date for the debtor to submit a list of property and sends a property disclosure order. If the debtor receives this order and still fails to appear on the date or submits a false list, they become subject to detention or criminal punishment. So the order itself puts pressure on them to reveal their property.

   Current step
3. 3

   The debtor appears in court on the date, submits a list of property and swears that its contents are true. The creditor (the person who is owed) inspects the submitted list to check whether there is property to attach. If the list seems untrue, you can check through the next step, a property inquiry.

4. 4

   If the property cannot be found through the disclosure procedure, apply for a property inquiry with financial institutions, registry offices and others. The court queries those institutions and lets the creditor see the results on deposits, real estate, vehicles and so on. Property the other party did not reveal can come to light through institutional records.

5. 5

   For deposits and real estate found, continue with actual enforcement (the procedure for actually collecting the money), such as attachment. This is because finding property alone does not bring in money. For child support claims, you can get help from the Child Support Enforcement Agency, and you can also use separate sanctions such as suspension of a driver's license and a travel ban.

6. 6

   If the debtor does not pay within 6 months after the enforceable title becomes final (for records, etc., after they are made) or violates the duty of disclosure, apply for registration on the list of defaulters. Once on the list, the debtor's city, district, town or township of address and financial institutions are notified, and credit transactions are restricted, which puts pressure on them to pay.

7. 7

   If the debtor pays in full, they can apply for deletion from the list (removal of their name). Child support keeps arising until the child becomes an adult. So keep the enforceable title and a record of unpaid amounts organized so you can enforce repeatedly each time payments are missed.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I apply to? Is it the family court?

Not the family court, but the district court (branch court) with jurisdiction over the debtor's (the person who owes the money) address. Even for child support or consolation money, property disclosure, property inquiry and list registration after a judgment are civil execution procedures, so they are handled by the civil application section of the district court.However, if a child support case is still pending at the family court, you may also apply to that court for property disclosure.

QWhat is a certificate of execution, and where do I get it?

A certificate of execution is the court's confirmation stamp saying "this document may be used for compulsory execution." For a judgment, apply for the certificate of execution, the certificate of finality and the certificate of service together at the civil service office of the court of first instance.A child support record made in a divorce by agreement (the court document recording the child support promise) is obtained from that family court. If you get all three documents at once, you will not have to go back to court.Attach a stamp of KRW 500 to each application. Bring your ID and the authentic copy of the judgment (record).

QHow much does it cost?

The stamp fee (court fee) for an application for property disclosure and for registration on the list of defaulters is KRW 1,000 each. The service fee is paid separately in the amount set by the court based on the number of parties, etc. For a property inquiry, you choose the institutions to query (banks, registry offices, insurers, etc.) and must pay those costs in advance.So the more institutions you choose, the higher the cost. For child support, you can apply to the Child Support Enforcement Agency for help with these procedures.

QWhat happens if the debtor does not appear on the date or submits a false list?

They become subject to sanctions. If they fail to appear or refuse to take the oath without a good reason, they can be subject to detention (being held in a lockup) for up to 20 days.Submitting a false list is punishable by imprisonment for up to 3 years or a fine of up to KRW 5,000,000. For child support, there are additional sanctions.If they still do not pay after receiving a performance order (an order to fulfill the obligation) from the family court, they can become subject to suspension of their driver's license, a travel ban and public disclosure of their name. If they still do not pay within 1 year after a detention order, they may face criminal punishment.

QIf property is found, does the money come in automatically?

No. Property disclosure and property inquiry are only procedures for finding out what is where.To receive money, you must separately apply for attachment and collection against those deposits, real estate or salary. For child support, if payments are missed 2 or more times without a good reason, you can apply for a direct payment order (an order to have the money deducted straight from the salary).This is a system for receiving money straight from the other party's salary. You can also apply to the Child Support Enforcement Agency (1644-6621) for help collecting the claim.

QCan I do it on my own without a lawyer?

Yes, you can apply yourself. All you need is the enforceable title, the certificate of execution and a statement of the unpaid amounts organized by month.However, if the other party has moved property into the name of a company or family member, a separate lawsuit, such as one to revoke a fraudulent act, is needed. In that case, the property must be brought back through a lawsuit, so it is best to consult a lawyer.