Small Claims and Recommendation for Performance Procedure

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

1. 1Filing the complaint
2. 2Decision recommending performance
3. 3Service of the decision
4. 4Objection period
5. 5Hearing
6. 6Pronouncement of judgment
7. 7Appeal
8. 8Compulsory execution

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

Time required

The time required differs depending on whether the other party objects and on each case, so check the progress with the court handling the case

Cost

Stamp fee (calculated according to the amount claimed; even a claim of KRW 30 million costs KRW 140,000) and service fee

Procedure guide

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

1. 1

   File a complaint for payment of money or delivery of goods of KRW 30 million or less with the court for the other party's address. You can also file by making an oral statement in front of a court officer (oral filing), or file electronically. Splitting a claim of more than KRW 30 million into several cases is not allowed. In that case, you must file an ordinary civil lawsuit.

2. 2

   Looking at the complaint and evidence, the court issues a decision recommending performance that recommends the defendant 'perform as the plaintiff claims'. It then sends a certified copy of the decision to the defendant by mail (Small Claims Trial Act §5-3). At this stage, the court does not call in the defendant or hold a hearing.

3. 3

   The defendant may file an objection within 2 weeks from the day of service of the decision (Small Claims Trial Act §5-4, §5-7). If there is no objection, the decision recommending performance becomes final and has the same effect as a final judgment. In that case, compulsory execution is possible right away without a certificate of execution.

4. 4

   If the defendant objects, a hearing date is set. The rule for small claims cases is to finish in 1 hearing, so both sides must come to the first hearing with all their documentary evidence and witnesses. This is because judgment may be pronounced on the spot when the pleadings end (Small Claims Trial Act §11-2(1)). The court may also recommend mediation (a settlement).

5. 5

   When the pleadings end, judgment may be pronounced on the spot. The written judgment may state the reasons briefly or omit them. You may appeal within 2 weeks from the day of receiving the written judgment (Civil Procedure Act §396). However, a final appeal (Supreme Court trial) in a small claims case is limited to grounds where the judgment on whether a law or regulation violates the Constitution or statutes was wrong, or where it conflicts with Supreme Court precedent (Small Claims Trial Act §3).

   Current step
6. 6

   With the final decision recommending performance or the judgment, apply for compulsory execution to seize the other party's deposits, salary, and so on.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I file, and where do I get the form?

File with the court for the other party's address (including city/county courts). You can get the complaint form from the Supreme Court's e-litigation website or the court's civil affairs office.You can also file by making an oral statement in front of a civil affairs officer at the court (oral filing), or file electronically.

QHow much does it cost?

The stamp fee follows the same standard as an ordinary civil lawsuit. For claims under KRW 10 million, it is 0.5% (minimum KRW 1,000); for KRW 10 million or more, it is 0.45% + KRW 5,000.The service fee is paid in advance for 10 rounds per party. For example, if you claim KRW 5 million, the stamp fee is KRW 25,000 (KRW 5 million × 50/10,000).

QCan a family member go to the trial for me?

Yes, they can. In small claims cases, a spouse, lineal blood relative (parents, children, etc.), or sibling can act as a litigation representative without the court's permission.They just need to bring a family relationship certificate and a power of attorney. Other relatives, such as those within the 4th degree, can represent you only with the court's permission. A person without such a relationship, such as a friend, cannot represent you.

QI received a decision recommending performance, but I do not agree. What should I do?

File a written objection with that court within 2 weeks from the day you received it. If you object, a hearing date is set and you dispute the case formally.If you do not object, the decision becomes final and seizure is possible right away. If you admit only part of the amount, state that in the objection or the answer.

QHow many hearings are there?

The rule is to finish in one hearing. So on the first hearing date you must come prepared with all your evidence, such as contracts, texts, and recordings, and your witnesses. When the pleadings (the procedure of presenting arguments in court) end, judgment may be pronounced on the spot.However, the law provides that the case should be finished in a single hearing 'where possible'. So if another hearing date is set, prepare for that date.

QCan I do it alone without a lawyer?

Yes, you can. In small claims cases, you can even file the lawsuit orally. A party's spouse, lineal blood relative, or sibling can act as a litigation representative without the court's permission.However, there are cases where the other party has hired a lawyer, or the issues are complicated, such as interpreting a contract or calculating damages. In such cases, it is good to first get advice from the Korea Legal Aid Corporation (dial 132 without an area code).