Civil Execution Act
The Civil Execution Act governs the enforcement of civil judgments and the execution of court orders in South Korea. The Act establishes procedures for the seizure and sale of property, garnishment, attachment, and the enforcement of money judgments. It provides for both voluntary and compulsory execution and regulates the duties of execution officers. The Act has been amended to modernise enforcement procedures and improve creditor remedies.
Legal area: Rules governing the conduct of civil and criminal proceedings.
Year enacted: 1962
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-civil-execution-act
Key Provisions
- Part I: General provisions (jurisdiction, enforcement titles)
- Part II: Execution against property (seizure, sale)
- Part III: Execution on claims (garnishment of bank accounts, receivables)
- Part IV: Provisional seizure and attachment
- Part V: Delivery of property and performance of acts
- Part VI: Execution officer duties and procedures
Significance
The Civil Execution Act is the primary statute governing civil enforcement in South Korea. The Act’s provisions on seizure and sale of property provide creditors with effective tools for recovering debts. The Act has been amended to improve efficiency, including the introduction of electronic execution procedures. The enforcement of money judgments remains a challenge, with significant reform efforts ongoing. The Act works alongside the Debtor Rehabilitation and Bankruptcy Act to provide a comprehensive framework for debt recovery.