How to Sue Someone in Korea as a Foreigner

You can bring a civil claim in a Korean court as a foreign national. For unpaid money, there are usually three routes: an ordinary lawsuit, a small claims case for claims up to 30 million won, or a payment order, which is a faster paper procedure that becomes as strong as a final judgment if the other side does not object in time.

Key points

A case is normally filed at the court for the area where the defendant lives (Civil Procedure Act, Articles 2 and 3). Claims about property rights can also be filed where the obligation was to be performed (Article 8).
Small claims cover money claims of up to 30 million won at the time of filing.
A payment order becomes as effective as a final judgment if no objection is filed within two weeks of service (Articles 470 and 474).
Only a lawyer can act as your litigation representative in an ordinary case, but in small claims a spouse, lineal relative or sibling may represent you without court permission.

Step 1: Decide Which Court

The basic rule is that a lawsuit goes to the court where the defendant has their general forum (Civil Procedure Act, Article 2). For an individual, this is decided by their address. If they have no address in Korea or it is unknown, their residence is used, and if that is also unknown, their last address (Article 3).

For claims about property rights, such as unpaid money, the case can also be filed at the court for the place where the obligation was to be performed (Article 8). This can matter when the other person has moved.

Step 2: Choose the Right Procedure

Small claims

Small claims are first instance civil cases in district courts that seek payment of money, or of other fungible things or securities, where the amount claimed at filing does not exceed 30 million won (Small Claims Adjudication Act, Article 2; Small Claims Adjudication Rules, Article 1-2). Personal loans, unreturned deposits and many consumer disputes can fall within this range.

Payment order

A court can issue a payment order on the creditor’s application for a claim to pay a fixed amount of money (Civil Procedure Act, Article 462). It is served on the parties, and the debtor can object (Article 469). If the debtor objects within two weeks of receiving it, the order loses effect to that extent (Article 470). If no objection is made, it has the same effect as a final judgment (Article 474).

A payment order is only available when it can be served in Korea by a method other than service by public notice (Article 462). If the other person cannot be found, or has left Korea, another route is usually needed.

Ordinary lawsuit

Larger or more complicated claims, and claims where the facts are strongly disputed, generally go through an ordinary lawsuit.

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Who Can Represent You

In ordinary civil cases, apart from representatives allowed by law, only a lawyer can act as a litigation representative (Civil Procedure Act, Article 87). In small claims, the party’s spouse, lineal blood relative or sibling may act as representative without court permission, provided the relationship and the authority are proven in writing (Small Claims Adjudication Act, Article 8).

What You Should Prepare

The other person’s full name as it appears in official records, and any known address.
A clear statement of the amount and how you calculated it.
Contracts, messages, bank transfer records and receipts, with translations where needed.
A timeline of promises to pay and missed payments.
Your own identification and contact details in Korea, or how court documents can reach you if you are abroad.

Common Mistakes

Choosing a payment order when the other person’s address is unknown.
Filing without proof of the transfer or the agreement.
Missing the two week objection period when you are the one who receives a payment order.
Treating a criminal complaint as a substitute for a civil claim. They are different procedures with different goals.

When Legal Help May Be Useful

Legal help is most valuable when the amount is significant, the other person disputes the facts, the claim involves a contract written in Korean, or you need to enforce a judgment once you have it. See Civil litigation in Korea for how we handle these cases and how fees work.

Frequently Asked Questions

Can a foreigner file a lawsuit in Korea?

Yes. Foreign nationals can bring civil claims in Korean courts. Which court and which procedure depend on the claim and on where the other person lives.

What is the small claims limit in Korea?

30 million won, measured at the time of filing, for claims seeking money or other fungible things.

How quickly does a payment order become final?

If the debtor does not object within two weeks of receiving it, the order has the same effect as a final judgment.

Can I sue someone who has left Korea?

Possibly, but a payment order is not available where service would require public notice, and serving documents abroad takes time. See Can I sue in Korea if the fraudster is overseas?

Do I have to attend court myself?

A lawyer can represent you in court. In small claims, a close family member may also act for you, subject to the written proof requirement.

Legal Basis

Civil Procedure Act (Act No. 19516): Articles 2, 3, 8, 87, 462, 469, 470, 474
Small Claims Adjudication Act (Act No. 19281): Articles 2, 8
Small Claims Adjudication Rules: Article 1-2
Checked against the Korean Law Information Center in September 2026. This article is general information, not advice on a specific case.

How to Sue Someone in Korea as a Foreigner: Small Claims and Payment Orders