Statutes of the Republic of Korea

No. 20434
Promulgation Date 2024-09-20
Ministry of Justice

ALL

PART I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Enforcer of execution)

Article 3 (Court of execution)

Article 4 (Methods of application for execution)

Article 5 (Use of compulsory power by execution officer)

Article 6 (Participants)

Article 7 (Requests to execution officer for assistance)

Article 8 (Execution on legal holiday or at night)

Article 9 (Perusal of record or issuance of certified copy)

Article 10 (Protocol of execution)

Article 11 (Peremptory notice and other notifications pertaining to executing acts)

Article 12 (Omitting services or notifications)

Article 13 (Special cases concerning overseas service)

Article 14 (Obligation to report where address were changed)

Article 15 (Immediate complaint)

Article 16 (Objection against execution)

Article 17 (Effect of ruling on cancellation)

Article 18 (Prepayment of execution expenses)

Article 19 (Court for offer or deposit of security)

Article 20 (Assistance of public agency)

Article 21 (Forum)

Article 22 (Special cases concerning jurisdiction of Si/Gun court)

Article 23 (Application mutatis mutandis of the Civil Procedure Act)

PART II COMPULSORY EXECUTION

CHAPTER I GENERAL PROVISIONS

Article 24 (Compulsory execution and final judgment)

Article 25 (Subjective scope of executive force)

Article 26 (Compulsory execution by foreign trial)

Article 27 (Judgment of execution)

Article 28 (Executory exemplification)

Article 29 (Execution clause)

Article 30 (Granting execution clause)

Article 31 (Succeeded execution clause)

Article 32 (Order by presiding judge)

Article 33 (Lawsuit for grant of execution clause)

Article 34 (Objection against grant of execution clause)

Article 35 (Grant of many copies of execution clause)

Article 36 (Entry into original copy of judgment)

Article 37 (Effect of executory exemplification)

Article 38 (Concurrent execution by several copies of executory exemplification)

Article 39 (Requirements for commencing execution)

Article 40 (Requirements for commencing execution)

Article 41 (Requirements for commencing execution)

Article 42 (Preparation and delivery of receipt by execution officer)

Article 43 (Authority of execution officer)

Article 44 (Lawsuit of demurrer against claims)

Article 45 (Lawsuit of demurrer against grant of execution clause)

Article 46 (Lawsuit of demurrer and provisional disposition)

Article 47 (Judgment on objection and provisional disposition)

Article 48 (Lawsuit of demurrer by third party)

Article 49 (Mandatory suspension or restriction of execution)

Article 50 (Revocation or temporary injunction of execution disposition)

Article 51 (Restriction on suspension of execution by submission of deed of performance)

Article 52 (Cases of debtor's death subsequent to commencing execution)

Article 53 (Bearing costs of execution)

Article 54 (Compulsory execution against military personnel or military service officials)

Article 55 (Execution to be enforced in foreign state)

Article 56 (Other executive titles)

Article 57 (Provisions applicable mutatis mutandis)

Article 58 (Payment order and its execution)

Article 59 (Notarial deed and its execution)

Article 60 (Execution of administrative fines)

CHAPTER II COMPULSORY EXECUTION BASED UPON MONETARY CLAIM

SECTION 1 Procedures for Specification of Property

Article 61 (Request for specification of property)

Article 62 (Trial on request for specification of property)

Article 63 (Demurrer against order to specify property)

Article 64 (Designation of date for specification of property)

Article 65 (Oath)

Article 66 (Revision of property catalog)

Article 67 (Perusal and reproduction of property catalog)

Article 68 (Court-ordered confinement of debtor and penalty provisions)

Article 69 (Second request for specification)

Article 70 (Request for entry in defaulters' list)

Article 71 (Decision on request for entry)

Article 72 (Keeping of list)

Article 73 (Cancellation of entry in list)

Article 74 (Inquiry about property)

Article 75 (Results of inquiry about property)

Article 76 (Penalty provisions)

Article 77 (Supreme Court Regulations)

SECTION 2 Compulsory Execution against Immovables

Sub-Section 1 Common Provisions

Article 78 (Method of execution)

Article 79 (Court of execution)

Sub-Section 2 Compulsory Auction

Article 80 (Written applications for compulsory auction)

Article 81 (Documents to be attached)

Article 82 (Authority of execution officer)

Article 83 (Ruling on commencing auction)

Article 84 (Decision on completion period of demand for distribution and public announcement thereof)

Article 85 (Investigation of current status)

Article 86 (Demurrer against ruling on commencement of auction)

Article 87 (Concurrence of seizures)

Article 88 (Demand for distribution)

Article 89 (Notice of request for double auction)

Article 90 (Interested parties to auction procedure)

Article 91 (Choice between principle of takeover and principle of surplus)

Article 92 (Third parties and effect of seizure)

Article 93 (Withdrawal of request for auction)

Article 94 (Registration of ruling to commence auction)

Article 95 (Forwarding of certificate of registered matters)

Article 96 (Revocation of auction due to destruction of immovables)

Article 97 (Appraisal of immovables and determination of minimum sale price)

Article 98 (Ruling on blanket auction)

Article 99 (Consolidation of cases of blanket auction)

Article 100 (Jurisdiction over blanket auction cases)

Article 101 (Procedures for blanket auction)

Article 102 (Revocation of auction when surplus is not expected)

Article 103 (Method of sale for compulsory auction)

Article 104 (Fixing date of bidding and date of decision on successful bidding)

Article 105 (Specifications of articles for sale by auction)

Article 106 (Matters to be publicly notified for bidding date)

Article 107 (Place of sale)

Article 108 (Maintenance of order at place of sale)

Article 109 (Date of decision on successful bidding)

Article 110 (Alteration of sale conditions under agreement)

Article 111 (Ex officio alteration of sale conditions)

Article 112 (Progress of date of sale)

Article 113 (Guaranty of bid)

Article 114 (Declaration on next highest bid)

Article 115 (Closing of auction date)

Article 116 (Protocol of auction date)

Article 117 (Transfer of protocol and money)

Article 118 (Report by highest bidder on recipient of service)

Article 119 (New auction date)

Article 120 (Statement on date of decision on successful bidding)

Article 121 (Grounds for raising objection against permission for sale)

Article 122 (Restriction on raising objection)

Article 123 (Non-permission for sale)

Article 124 (Non-permission for sale in case of excessive auction)

Article 125 (New auction date in cases of non-permission for sale)

Article 126 (Pronouncement of decision on whether to permit sale)

Article 127 (Request for revocation of decision on permission for sale)

Article 128 (Decision on permission for sale)

Article 129 (Immediate complaint by interested parties)

Article 130 (Complaint against whether to permit sale)

Article 131 (Procedure for trial of complaint)

Article 132 (Judgment by appellate court and decision on whether to permit sale)

Article 133 (Effect of decision on non-permission for sale)

Article 134 (Cases of newly beginning with decision on minimum sale price)

Article 135 (Time of acquisition of ownership)

Article 136 (Order for delivering immovables)

Article 137 (Decision on whether to permit to award successful bid to next highest bidder)

Article 138 (Resale)

Article 139 (Auction of shares in co-owned property)

Article 140 (Co-owner's preferential purchase right)

Article 141 (Cancellation of registration of decision on commencing auction)

Article 142 (Payment of price)

Article 143 (Special method of payment)

Article 144 (Measures after payment of sale price)

Article 145 (Distribution of proceeds of sale)

Article 146 (Date of distribution)

Article 147 (Amount to be distributed)

Article 148 (Scope of creditors entitled to receive distribution)

Article 149 (Confirmation of distribution schedule)

Article 150 (Entries in distribution schedule)

Article 151 (Objection against distribution schedule)

Article 152 (Conclusion of objection)

Article 153 (Creditors not present)

Article 154 (Lawsuit of demurrer against distribution)

Article 155 (Alleging preferential right by objecting persons)

Article 156 (Jurisdiction over lawsuit of demurrer against distribution)

Article 157 (Judgment on lawsuit of demurrer against distribution)

Article 158 (Treating lawsuit of demurrer against distribution as withdrawn)

Article 159 (Procedure for making distributions and protocol of distribution)

Article 160 (Deposit of dividend)

Article 161 (Making distributions of deposit money)

Article 162 (Joint auction)

Sub-Section 3 Compulsory Administration

Article 163 (Application mutatis mutandis of provisions of compulsory auction)

Article 164 (Ruling on commencing compulsory administration)

Article 165 (Notification of ruling on commencing compulsory administration)

Article 166 (Appointment of administrator)

Article 167 (Direction and supervision by court)

Article 168 (Provisions applicable mutatis mutandis)

Article 169 (Disposition of profits)

Article 170 (Report of account by administrator)

Article 171 (Revocation of compulsory administration)

SECTION 3 Compulsory Execution against Vessels

Article 172 (Compulsory execution against vessel)

Article 173 (Competent court)

Article 174 (Submission of ship's nationality certificate)

Article 175 (Order to deliver ship's nationality certificate before request for execution of ship)

Article 176 (Mooring of seized vessel)

Article 177 (Documents to be attached to request for auction)

Article 178 (Disposition of observation and preservation)

Article 179 (Execution of judgment on captain)

Article 180 (Revocation of procedure due to violation of jurisdiction)

Article 181 (Revocation of procedure for compulsory auction by offer of security)

Article 182 (Transfer of cases)

Article 183 (Revocation of auction procedure in cases where ship's nationality certificate is not transferred)

Article 184 (Public announcement of date of auction)

Article 185 (Order of seizure of shares in ship)

Article 186 (Seizure of foreign vessel)

Article 187 (Compulsory execution against motor vehicles)

SECTION 4 Compulsory Execution against Movables

Sub-Section 1 Common Provisions

Article 188 (Methods of execution and scope of seizure)

Sub-Section 2 Compulsory Execution against Corporeal Movables

Article 189 (Seizure of articles in possession of debtor)

Article 190 (Seizure of corporeal movables co-owned by married couple)

Article 191 (Seizure of objects in possession of persons other than debtor)

Article 192 (Seizure of national funds)

Article 193 (Delivery of seized objects)

Article 194 (Effect of seizure)

Article 195 (Objects exempted from seizure)

Article 196 (Judgment designating properties to be exempted from seizure)

Article 197 (Blanket auction)

Article 198 (Preservation of seized objects)

Article 199 (Sale of seized objects)

Article 200 (Assessment of expensive valuables)

Article 201 (Seized money)

Article 202 (Date of auction)

Article 203 (Place of auction)

Article 204 (Provisions applicable mutatis mutandis)

Article 205 (Successful bidding and second auction)

Article 206 (Spouse's preferential right for purchase)

Article 207 (Limit of auction)

Article 208 (Effect of receipt of proceeds by execution officer)

Article 209 (Encashment of gold or silver wares)

Article 210 (Encashment of securities)

Article 211 (Transfer of title for registered securities)

Article 212 (Duty to present bills)

Article 213 (Auction of fruits not yet separated from land)

Article 214 (Special encashment method)

Article 215 (Concurrence of seizure)

Article 216 (Peremptory notice of auction by creditor)

Article 217 (Demand for distribution by person having preferential right)

Article 218 (Procedure for demand for distribution)

Article 219 (Notification of demand for distribution)

Article 220 (Time for demand for distribution)

Article 221 (Demand for payment by spouse)

Article 222 (Deposit of proceeds of sale)

Sub-Section 3 Compulsory Execution against Claims and Other Property Rights

Article 223 (Seizure order against claims)

Article 224 (Court of execution)

Article 225 (Request for order of seizure)

Article 226 (Exemption from examination)

Article 227 (Seizure of monetary claim)

Article 228 (Seizure of claims secured by mortgage)

Article 229 (Method of encashment of monetary claim)

Article 230 (Transfer of claims with mortgage)

Article 231 (Effect of assignment order)

Article 232 (Effect of collection order)

Article 233 (Seizure of designated bonds)

Article 234 (Document evidencing claims)

Article 235 (Concurrence of seizure)

Article 236 (Report on collection)

Article 237 (Garnishee's obligation to make statement)

Article 238 (Filing lawsuit for collection)

Article 239 (Neglect of collection)

Article 240 (Waiver of right to collect)

Article 241 (Method of special encashment)

Article 242 (Execution against claims for delivery of corporeal articles)

Article 243 (Seizure of claims for corporeal movables)

Article 244 (Seizure of claims for immovables)

Article 245 (Exemption from assignment order)

Article 246 (Claims subject to prohibition of seizure)

Article 247 (Demand for distribution)

Article 248 (Deposit of garnishee's debt amount)

Article 249 (Lawsuit for collection)

Article 250 (Peremptory notice of collection by creditors)

Article 251 (Execution against other property rights)

Sub-Section 4 Distribution Procedure

Article 252 (Commencement of distribution procedure)

Article 253 (Peremptory notice of submission of account statement)

Article 254 (Preparation of distribution schedule)

Article 255 (Preparation for distribution date)

Article 256 (Preparation of distribution schedule and enforcement thereof)

CHAPTER III COMPULSORY EXECUTION VIRTUE OF CLAIMS OTHER THAN MONETARY CLAIM

Article 257 (Execution of claim for delivery of movables)

Article 258 (Execution of claim for delivery of immovables)

Article 259 (Cases where third party possesses objects)

Article 260 (Substitutional execution)

Article 261 (Indirect compulsory performance)

Article 262 (Examination of debtor)

Article 263 (Execution of obligation to declare intention)

PART III AUCTION FOR EXERCISE OF SECURITY RIGHT

Article 264 (Request for auction of immovables)

Article 265 (Grounds for objection against ruling on commencing auction)

Article 266 (Suspension of auction procedure)

Article 267 (Effect of acquisition of immovables by full payment of price)

Article 268 (Provisions applicable mutatis mutandis)

Article 269 (Auction of ships)

Article 270 (Auction for motor vehicles)

Article 271 (Auction for corporeal movables)

Article 272 (Provisions applicable mutatis mutandis)

Sub-section 2 of Section 4 of Chapter II of Part II, and Articles 265 and 266, shall apply mutatis mutandis to auction procedures under Article 217.

Article 273 (Exercise of security rights to claims and other property rights)

Article 274 (Auction under liens)

Article 275 (Provisions applicable mutatis mutandis)

PART IV PRESERVATIVE MEASURES

Article 276 (Purpose of provisional seizure)

Article 277 (Necessity of preservation)

Article 278 (Court of provisional seizure)

Article 279 (Request for provisional seizure)

Article 280 (Order of provisional seizure)

Article 281 (Formalities of judgment)

Article 282 (Amount of money to obtain release from provisional seizure)

Article 283 (Objection by debtor against ruling on provisional seizure)

Article 284 (Transfer of case of objection against provisional seizure)

Article 285 (Withdrawal of objection against provisional seizure)

Article 286 (Trial and judgment on application for objection)

Article 287 (Order to file lawsuit on merits)

Article 288 (Revocation of provisional seizure due to changes in circumstances)

Article 289 (Suspension of effect of ruling on revocation of provisional seizure)

Article 290 (Application mutatis mutandis of provisions for objection against provisional seizure)

Article 291 (Application mutatis mutandis of principal execution to provisional seizure execution)

Article 292 (Requisite for commencement of execution)

Article 293 (Execution of provisional seizure against immovables)

Article 294 (Compulsory administration for provisional seizure)

Article 295 (Execution of provisional seizure against vessel)

Article 296 (Execution of provisional seizure against movables)

Article 297 (Garnishee's deposit)

Article 298 (Revocation and execution of ruling to revoke provisional seizure)

Article 299 (Revocation of execution of provisional seizure)

Article 300 (Purpose of provisional disposition)

Article 301 (Application mutatis mutandis of procedure for provisional seizure)

Article 302 Deleted.

Article 303 (Competent court)

Article 304 (Provisional disposition to fix temporary position)

Article 305 (Method of provisional disposition)

Article 306 (Entrustment of registration of provisional disposition, such as suspension of performance of duties by corporation's officers)

Article 307 (Revocation of provisional disposition)

Article 308 (Judgment on recovery of original status)

Article 309 (Suspension of execution of provisional disposition)

Article 310 (Provisions applicable mutatis mutandis)

Article 311 (Competent court of merits)

Article 312 (Authority of presiding judge)

ADDENDA <Act No. 6627, Jan. 26, 2002>

ADDENDA <Act No. 7358, Jan. 27, 2005>

ADDENDA <Act No. 8581, Aug. 3, 2007>

ADDENDA <Act No. 8622, Aug. 3, 2007>

ADDENDA <Act No. 9525, Mar. 25, 2009>

ADDENDUM <Act No. 10376, Jul. 23, 2010>

ADDENDA <Act No. 10539, Apr. 5, 2011>

ADDENDA <Act No. 10580, Apr. 12, 2011>

ADDENDUM <Act No. 12588, May 20, 2014>

ADDENDUM <Act No. 13286, May 18, 2015>

ADDENDA <Act No. 13952, Feb. 3, 2016>

ADDENDUM <Act No. 18671, Jan. 4, 2022>

ADDENDA <Act No. 20434, Sep. 20, 2024>