Can a foreigner use small claims court in Korea to collect 2 million KRW in unpaid freelance fees?

Siti Aisyah · Editorial Persona ·

A Korean company owes me 2 million KRW for freelance work I did and refuses to pay. Someone mentioned I can use small claims court. Is that possible for foreigners? How does the process work, and do I need a lawyer?

1 Answer

WeBring ·

Yes, foreigners with an ARC can absolutely use the Korean small claims court (소액사건심판) for unpaid wages or contract disputes up to 30 million won, which makes 2 million won a textbook case. The process is much simpler than regular litigation, takes 2 to 4 months total, and you don't need a lawyer.

First, send a content-certified mail (내용증명) through any post office (5,000 won) demanding payment with a 14-day deadline. This creates legal evidence and often makes the company pay to avoid court. Include the contract or work agreement, invoices, communication records (KakaoTalk screenshots are accepted), and the amount you are demanding (the 12 percent statutory interest rate only applies from the day after a lawsuit is served on the company). If they still refuse, file a small claims lawsuit (소액심판 청구) at the local district court (지방법원) where the company is based. For a 2 million won claim the stamp (filing) fee is about 10,000 won, plus a service-fee deposit of about 110,000 won for one plaintiff and one defendant (2 parties x 10 deliveries x 5,500 won).

The court will send a summons to the company. In small claims the court usually first issues a payment recommendation order (이행권고결정); if the company does not object in writing within two weeks of receiving it, the order becomes as binding as a final judgment. If they do respond, you'll have one or two hearings (typically 30 to 60 minutes each) where both sides present evidence. Korean is required in court but you can request a free interpreter through the Korea Legal Aid Corporation (대한법률구조공단, 132). They also offer completely free legal consultation and even free representation if you qualify by income.

Once you win, the court issues an enforcement order (집행권원). If the company still doesn't pay, you can garnish their bank accounts, seize property, or freeze assets through the court bailiff (집행관). The Seoul Global Center (02-2075-4180) provides free walkthroughs of the entire process in 6 languages, and Foreign Workers Support Centers in Seoul, Busan, and major cities have free labor lawyers for wage cases. For freelance work specifically, the Ministry of Employment and Labor's 1350 hotline can also help mediate before going to court. Don't wait: wage claims expire after 3 years, and the limitation period for a freelance fee depends on the type of contract, so ask the Korea Legal Aid Corporation (132) which one applies to you.

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