민사집행법

Article 1Purpose

The purpose of this Act is to prescribe the procedures for compulsory execution, an auction to exercise a security right, an auction under the Civil Act, the Commercial Act, and other statutes (hereinafter referred to as "civil execution"), and preservative measures.

Article 2Enforcer of execution

Civil execution shall be enforced by an execution officer unless otherwise provided in this Act.

Article 3Court of execution

(1) A court of execution having jurisdiction over dispositions of a court concerning the acts of execution prescribed in this Act, or over the operation of a court concerning such acts, shall be the district court having jurisdiction over the place to conduct or to have conducted the execution procedures, unless otherwise designated in Acts.

(2) A judgment of the court of execution may be rendered without holding any pleadings.

Article 4Methods of application for execution

An application for civil execution shall be filed in writing.

Article 5Use of compulsory power by execution officer

(1) If deemed necessary for enforcing the execution, an execution officer may take adequate measures, such as searching the residence, warehouse, and other places of a debtor, and opening the locked doors or utensils.

(2) In cases falling under paragraph (1), an execution officer may request an assistance from the police or military forces, if he or she meets with any resistance.

(3) Any assistance from the military forces under paragraph (2) shall be applied to a court, and the procedures for a court to request an assistance from the military forces shall be prescribed by the Supreme Court Regulations.

Article 6Participants

When an execution officer faces any resistance during his or her execution or fails to meet the debtor, or his or her relatives or employees with a sense of reason, while intending to conduct an execution at the debtor's residence, he or she shall call in as witnesses either two adults or one person from among the officials of the relevant Gu/Dong in the relevant Special Metropolitan City or the relevant Metropolitan City, those of the relevant Si/Eup/Myeon (in cases of a Si in the urban and rural complex form, those of the relevant Si in the relevant Dong area and those of the relevant Eup/Myeon in the relevant Eup/Myeon area), or the police officers.

Article 7Requests to execution officer for assistance

(1) Any person, other than an execution officer, who performs the duties for civil execution under the order of a court, shall carry a document attesting his or her identity or qualification and show it when the interested parties request so.

(2) If any person prescribed under paragraph (1) faces any resistance in performing his or her duties, he or she may request an execution officer to render an assistance.

(3) Upon receipt of a request for assistance under paragraph (2), an execution officer may exercise the authorities, as prescribed in Articles 5 and 6.

Article 8Execution on legal holiday or at night

(1) On the legal holidays or at nights, the acts of execution may be performed only under permission of the court.

(2) An order for permission under paragraph (1) shall be shown when civil execution is conducted.

Article 9Perusal of record or issuance of certified copy

If requested by the interested parties, an execution officer shall permit them to make a perusal of execution records and issue a certified copy of the document listed in the records.

Article 10Protocol of execution

(1) An execution officer shall prepare a protocol of execution.

(2) The following matters shall be clarified in the protocol under paragraph (1):

1. Date and place of the execution;

2. Objects of the execution and a summary of important situations thereof;

3. Indication of the participants in the execution;

4. Signatures and seals of the participants in the execution;

5. Facts that the protocol has been read or shown to the participants in the execution, and that they have approved thereof and affixed their signatures and seals thereon;

6. Affixing name and seal, or signing, by the execution officer.

(3) Where it is unable to affix signature and seal under paragraph (2)4 and 5, the reasons therefor shall be entered.

Article 11Peremptory notice and other notifications pertaining to executing acts

(1) Peremptory notices and other notifications pertaining to executing acts shall be made orally by an execution officer and be entered in the protocol.

(2) Where any peremptory notice or notification may not be effected orally, a certified copy of such protocol shall be served by applying mutatis mutandis Articles 181, 182, and 187 of the Civil Procedure Act. In this case, if a certificate of service has not been prepared, the reason for service shall be entered in the protocol.

(3) Where the service under paragraph (2) may not be effected at the place of execution and within the jurisdiction of a court, a certified copy of the protocol shall be sent to the person who is to receive a peremptory notice or notification by the method prescribed in the Supreme Court Regulations, and the reasons therefor shall be entered in the protocol.

Article 12Omitting services or notifications

If a debtor stays abroad or his or her whereabouts is unknown, any services or notifications pertaining to the executing acts may be dispensed with.

Article 13Special cases concerning overseas service

(1) Where a service or notification is made to a foreign state during the execution procedures, an order may be issued, concurrently with a service or notification, to designate the place and recipient for receiving a service or notification within the Republic of Korea, and to report thereon within a reasonable period.

(2) Where no report has been filed within the period under paragraph (1), any subsequent service or notification thereto may be dispensed with.

Article 14Duty to report changes in address

(1) If a person who filed an application or a report to the court in respect of an execution, or a person who received a service of documents from the court, has changed the place for receiving a service, he or she shall promptly file a report on such purports with the court.

(2) Any service on a person who has failed to file a report under paragraph (1) may be forwarded to the place reported to the court or that where the previous service has been received, by the method prescribed by the Supreme Court Regulations, where other places to be served are unknown.

(3) Where any document is forwarded under paragraph (2), it shall be deemed to be served at the time it is forwarded.

Article 15Immediate complaint

(1) An immediate complaint may be raised against the judgment by the court of execution on the execution procedures, only when any special provisions relating thereto exist.

(2) A complainant shall submit a petition of complaint to the lower court within the peremptory period of one week from the date of receiving a notice of such judgment.

(3) If a reason for complaint has not been stated in a petition of complaint, the complainant shall submit to the lower court a written reason for complaint within 10 days from the date of filing the petition of complaint.

(4) A reason for complaint shall be stated as prescribed by the Supreme Court Regulations.

(5) When a complainant has failed to submit a written reason for complaint under paragraph (3), when the reason for complaint has violated the provisions of paragraph (4), or when the complaint is unlawful and it is evident that such complaint may not be revised, the lower court shall dismiss it without prejudice, by its ruling.

(6) The immediate complaint under paragraph (1) shall not have an effect of suspending execution; provided, an appellate court (the lower court, if the record of trial remains in it) may order to suspend an execution of the judgment of the lower court or the whole or part of execution procedures until the time when a ruling on the immediate complaint is rendered, with or without having the security furnished, or to continue such execution with having the security furnished.

(7) An appellate court shall examine only the reasons stated in a petition of complaint or a written reason for complaint; provided, it may examine ex officio whether there exists any violation of statutes which may affect the judgment of the lower court, or any erroneous determination of facts.

(8) An immediate complaint may be made against the ruling under paragraph (5).

(9) The ruling under the proviso of paragraph (6) shall be subject to no appeal.

(10) The provisions of Part III of Chapter III of the Civil Procedure Act concerning an immediate complaint, shall apply mutatis mutandis to an immediate complaint under paragraph (1), except as otherwise provided for in this Act.

Article 16Objection against execution

(1) An objection may be raised before the court against the judgment on the execution procedures of a court of execution against which no immediate complaint may be raised, against the execution disposition by an execution officer, and against other execution procedures to be observed by the execution officer.

(2) The court may make a provisional disposition prior to the judgment on the objection under paragraph (1), such as an order on the debtor for temporarily suspending the execution with or without furnishing the security, or an order on the creditor for continuing such execution with furnishing the security.

(3) An objection may be raised before the court against the case where an execution officer refuses to be entrusted with an execution or delays the executing acts, or where there exists any dispute on the fees calculated by an execution officer.

Article 17Effect of ruling on cancellation

(1) An immediate complaint may be raised against a ruling on canceling the execution procedures, against that on dismissing or dismissing without prejudice an objection against an execution officer's disposition to cancel the execution procedures, or against that on ordering an execution officer to cancel the execution procedures.

(2) The ruling under paragraph (1) shall be effective only after it has become final and conclusive.

Article 18Prepayment of execution expenses

(1) If a creditor applies for civil execution, he or she shall pay in advance the amount determined by the court for the expenses necessary for the civil execution. The same shall also apply when the court issues an order to make a prepayment of insufficient expenses.

(2) If the creditor fails to pay in advance the expenses under paragraph (1), the court may either dismiss without prejudice the application or cancel the execution procedures, by its ruling.

(3) An immediate complaint may be raised against a ruling under paragraph (2).

Article 19Court for offer or deposit of security

(1) An offer or deposit of the security under the provisions of this Act may be made either at the district court where a creditor or a debtor has his or her general forum or at the court of execution.

(2) If a party has offered or deposited the security, the court shall deliver a certificate upon his or her request.

(3) Articles 122, 123, 125, and 126 of the Civil Procedure Act shall apply mutatis mutandis to the security prescribed in this Act, except as otherwise provided.

Article 20Assistance of public agency

If deemed necessary for the execution, a court may request the public agency to provide assistances.

Article 21Forum

The forums prescribed in this Act shall be exclusive forums.

Article 22Special cases concerning jurisdiction of Si/Gun court

The following cases shall be under the jurisdiction of a district court or a branch court of district court having jurisdiction over the place where a Si/Gun court is located:

1. Cases for which the rights approved in relevant executive titles are not subject to an application of the Trial of Small Claims Act, of a lawsuit for granting an execution clause to the compromise or mediation (including the ruling with same effects as a judicial compromise under Article 34(4) of the Judicial Conciliation of Civil Disputes Act; hereinafter the same shall apply) or to the payment order, which is constituted or finalized in a Si/Gun court, or of a lawsuit of an objection against a claim, or of a lawsuit of objection against granting an execution clause;

2. Lawsuit of demurrer by a third party about the execution of preservative measures rendered at a Si/Gun court;

3. Substitute execution or indirect compulsion on the basis of the compromise or mediation constituted at a Si/Gun court;

4. Preservative measures making a case, which is not subject to an application of the Trial of Small Claims Act, as the merits thereof.

Article 23Application mutatis mutandis of the Civil Procedure Act

(1) Except as otherwise provided for in this Act, the provisions of the Civil Procedure Act shall apply mutatis mutandis to the procedures for civil execution and preservative measures.

(2) Except as provided for in this Act, matters necessary for the procedures for civil execution and preservative measures shall be prescribed by the Supreme Court Regulations.

Article 24Compulsory execution and final judgment

Compulsory execution shall be based on the final judgment which has become final and conclusive, or on the final judgment with declaration of a provisional execution.

Article 25Subjective scope of executive force

(1) If a judgment affects other person than the parties indicated in such judgment, it may be executed against or for such person; provided, the same shall not apply to the participants under Article 71 of the Civil Procedure Act.

(2) Articles 31 through 33 shall apply mutatis mutandis to a grant of execution clause for the purpose of an execution under paragraph (1).

Article 26Compulsory execution by foreign trial

(1) Compulsory execution based upon the final and conclusive judgment of a foreign court or a trial the effect of which is recognized as the same therewith (hereinafter referred to as "final and conclusive judgment, etc.") may be conducted only if a court of the Republic of Korea has permitted such compulsory execution by means of a judgment of execution. <Amended on May 20, 2014>(2) A lawsuit seeking a judgment of execution shall be under the jurisdiction of the district court located at the debtor's general forum, and if there exists no general forum, it shall be under the jurisdiction of the court having jurisdiction over a lawsuit against the debtor under Article 11 of the Civil Procedure Act.[Title Amended on May 20, 2014]

Article 27Judgment of execution

(1) A judgment of execution shall be made without making any examination as to whether the judgment is right or wrong.

(2) A lawsuit seeking a judgment of execution shall be dismissed without prejudice if it falls under any of the following: <Amended on May 20, 2014>1. When it has not been proved that the final and conclusive judgment, etc. of a foreign court has become final and conclusive;

2. When the final and conclusive judgment, etc. of a foreign court fails to fulfill the conditions under Article 217 of the Civil Procedure Act.

Article 28Executory exemplification

(1) Any compulsory execution may be made by an exemplification of the judgment with an execution clause (hereinafter referred to as "executory exemplification").

(2) Execution clause shall, upon request, be delivered by the senior administrative officer, junior administrative officer, chief clerk, or senior clerk of the court of the first instance (hereinafter referred to as the "junior administrative officer, etc. of the court"), and if the record of trial is kept by a superior court, the junior administrative officer, etc. of such court shall deliver it.

(3) An application for the delivery of execution clause may be made orally.

Article 29Execution clause

(1) Execution clause shall be additionally entered at the bottom of an exemplification of the judgment.

(2) Execution clause shall contain the statement that "this exemplification shall be delivered to a plaintiff so-and-so or a defendant so-and-so in order to execute the compulsory execution against a defendant so-and-so or a plaintiff so-and-so", and the junior administrative officer, etc. of the court shall affix his or her name and seal thereon.

Article 30Granting execution clause

(1) Execution clause shall be delivered only when the judgment has become final and conclusive, or when there exists a declaration of a provisional execution.

(2) When there exists a condition imposed on the execution of judgment and the creditor has to attest that such a condition has been fulfilled, an execution clause shall be delivered only when the document attesting thereto is submitted; provided, the same shall not apply where the execution of judgment is made under the condition of furnishing the security.

Article 31Succeeded execution clause

(1) Execution clause may be delivered for the successor to the creditor indicated in the judgment, or for the execution against the successor to the debtor indicated in the judgment; provided, it shall be limited to cases where such a succession is the fact evident to the court, or the succession has been attested by a certificate.

(2) If the succession under paragraph (1) is the fact evident to the court, it shall be entered in the execution clause.

Article 32Order by presiding judge

(1) Where there exists a condition imposed on the execution of judgment and in cases of Article 31, the execution clause shall be delivered only when there exists an order from the presiding judge (referring to the presiding judge of the collegiate panel or the single judge; hereinafter the same shall apply).

(2) The presiding judge may examine the debtor orally or in writing, prior to issuing an order.

(3) The order under paragraph (1) shall be entered in the execution clause.

Article 33Lawsuit for grant of execution clause

If the verification required under Articles 30 (2) and 31 is impossible to be made, the creditor may file a lawsuit requesting a grant of the execution clause with the court of the first instance.

Article 34Objection against grant of execution clause

(1) Where there exists an objection against the disposition of the junior administrative officer, etc. of a court with regard to an application for a grant of execution clause, its judgment shall be made by the court whereto belongs the junior administrative officer, etc. of the court, by its ruling.

(2) Where there exists an objection against a grant of execution clause, the court may render a ruling corresponding to the disposition under Article 16(2).

Article 35Grant of many copies of execution clause

(1) If a creditor applies for many copies of execution clause or applies again for the execution clause without returning the execution clause granted earlier, they shall be granted only when the presiding judge issues an order therefor.

(2) The presiding judge may examine the debtor orally or in writing prior to issuing an order, and when many copies of the execution clause have been granted or another execution clause is again granted without making an examination of the debtor, he or she shall notify the debtor of the reasons therefor.

(3) When many copies of the execution clause have been granted or another execution clause is again granted, the reasons therefor shall be entered in the original copy and the execution clause.

Article 36Entry into original copy of judgment

Where an execution clause is granted, the purport that it is granted to a plaintiff or a defendant and the date thereof shall be entered in the original copy of a judgment or in the exemplification of a judgment of the appellate instance.

Article 37Effect of executory exemplification

Effects of an executory exemplification shall extend to all jurisdictions of the courts in the Republic of Korea.

Article 38Concurrent execution by several copies of executory exemplification

If a creditor is unable to obtain a complete repayment with the compulsory execution at one area or by one means, he or she may make simultaneous compulsory execution with several copies of executory exemplification, at many areas or by many means.

Article 39Requirements for commencing execution

(1) Compulsory execution may be commenced only when the names of an applicant therefor, and of the person subject to such execution, have been indicated in the judgment or in an execution clause attached thereto, and when the judgment has already been served or is served simultaneously therewith.

(2) If any execution of the judgment is bound to the facts to be attested by the creditor according to the purports thereof, or is to be made for the sake of the successor to the creditor indicated in the judgment, or for the sake of the successor to the debtor indicated in the judgment, not only the judgment to be executed, but also the execution clause additionally entered therein, shall be served on the successor to the debtor prior to commencing the compulsory execution.

(3) If an execution clause has been granted on the basis of a certificate, a certified copy of such certificate shall be served on the debtor prior to commencing the compulsory execution or simultaneously with the compulsory execution.

Article 40Requirements for commencing execution

(1) If the person subject to an execution is slated to perform his or her obligation when it comes to a specific date, the compulsory execution may be commenced subsequently to the elapse of such date.

(2) If the execution is bound to an offer of a security by the creditor, such creditor shall submit the documentary evidence attesting that the security has been offered. The execution in such case may be commenced only when a certified copy of such documentary evidence has already been served on the debtor or is served simultaneously therewith.

Article 41Requirements for commencing execution

(1) An execution of the executive titles with the contents that it may be executed simultaneously with the performance of an opposite obligation, may be commenced only when the creditor attests that he or she has performed such an opposite obligation or offered such performance.

(2) An execution of the executive titles with the contents that it may be executed in lieu of the case where a performance of other obligation is impossible, may be commenced only when the creditor attests that such performance is impossible.

Article 42Preparation and delivery of receipt by execution officer

(1) When a creditor has delivered an executory exemplification to an execution officer and entrusted him or her with compulsory execution, the said officer may, even if he or she has failed to obtain any special authority, receive the payment or any other performances, and prepare and deliver a receipt therefor. When the debtor has fully performed his or her obligation, the execution officer shall deliver to him or her an executory exemplification.

(2) When a debtor has partially performed his or her obligation, the execution officer shall note the fact in the executory exemplification and deliver a receipt to the debtor.

(3) The right of the debtor to demand a receipt from the creditor shall not be affected by paragraph (2).

Article 43Authority of execution officer

(1) An execution officer is authorized, by virtue of possession of an executory exemplification, to proceed with compulsory execution and the acts prescribed in Article 42 against a debtor and a third party, and no creditor shall make any allegation of the defects or limitations in such authority against the execution officer.

(2) An execution officer shall carry an executory exemplification and show it to the interested parties upon their request, in order to verify his or her qualification.

Article 44Lawsuit of demurrer against claims

(1) If a debtor intends to raise any objection against the claims which has become final and conclusive by a judgment, he or she shall file a lawsuit of demurrer against the claims before the court of the first instance which rendered such judgment.

(2) For the demurrer under paragraph (1), any grounds therefor shall be those which have arisen subsequently to a closure of pleadings (in cases of any judgment without holding any pleadings, it shall be subsequent to a declaration of judgment).

(3) If there exist many kinds of grounds for a demurrer, they shall be alleged simultaneously.

Article 45Lawsuit of demurrer against grant of execution clause

In cases falling under Articles 30(2) and 31, Article 44 shall apply mutatis mutandis where a debtor contests an executive force of judgment based upon the fact attested in regard to a grant of execution clause, or contests an executive force of judgment based upon a recognized succession; provided, even in such cases, the right of a debtor to raise an objection against a grant of execution clause under Article 34 shall not be affected.

Article 46Lawsuit of demurrer and provisional disposition

(1) No lawsuit of demurrer under Articles 44 and 45 shall affect the continuation of compulsory execution.

(2) When it is deemed that any grounds for alleging a demurrer under paragraph (1) are legally well-founded, and minimal showing therefor is presented as to the facts, the court of the lawsuit may, upon a motion of a party, order to suspend compulsory execution with or without having the security furnished, not later than the time when a judgment is rendered, may order to continue such execution with having the security furnished, or may order to revoke the effected execution dispositions.

(3) A judgment under paragraph (2) shall be rendered without holding any pleadings, and in cases of urgency, it may be rendered by the presiding judge.

(4) In cases of urgency, a court of execution may exercise the authority under paragraph (2). In such cases, the court of execution shall order to submit the written decision of the court of the lawsuit under paragraph (2) within a reasonable period.

(5) When the period under the latter part of paragraph (4) has passed, compulsory execution shall continuously progress upon a motion of the creditor.

Article 47Judgment on objection and provisional disposition

(1) The court of a lawsuit may issue an order under Article 46 in its judgment on a lawsuit of demurrer, and may revoke, alter, or authorize the already issued order.

(2) On the matters of judgment prescribed in paragraph (1), a provisional execution shall be declared ex officio.

(3) The judgment under paragraph (2) shall be subject to no appeal.

Article 48Lawsuit of demurrer by third party

(1) When any third party alleges that he or she has ownership on the object of compulsory execution, or that he or she has a right entitled to prevent a transfer or delivery of the objects, he or she may file a lawsuit of demurrer against the creditor about such compulsory execution; provided, when the debtor contests such demurrer, he or she may make the debtor a co-defendant.

(2) The lawsuit under paragraph (1) shall be under the jurisdiction of the court of execution; provided, when the subject-matter of a lawsuit does not fall under the jurisdiction of a single judge, a collegiate panel of the district court having jurisdiction over the location of the court of execution shall have such jurisdiction.

(3) Articles 46 and 47 shall apply mutatis mutandis to the suspension of compulsory execution and to the revocation of already-effected execution dispositions; provided, the furnishing of a security may be dispensed with in the revocation of an execution disposition.

Article 49Mandatory suspension or restriction of execution

Where any of the following documents has been submitted, compulsory execution shall be suspended or restricted:

1. An exemplification of a judgment with executive force stating the purport of revoking a judgment to be executed or its provisional execution, that of refusing permission for compulsory execution or of ordering a suspension thereof, or that of ordering a revocation of the execution disposition;

2. An exemplification of a judgment stating the purport of ordering a temporary suspension of compulsory execution;

3. A document attesting that a security has been furnished in order to avert an execution;

4. A deed stating the purport that the creditor has been paid a reimbursement subsequently to the rendering of a judgment to be executed, or that a consent has been given to a deferment of a performance of obligations;

5. A certified copy of protocol or a certificate prepared by the junior administrative officer, etc. of a court attesting that a judgment to be executed and other trials have become null and void due to a withdrawal of a lawsuit, etc.;

6. An exemplification of a compromise protocol or of a notarial deed stating the purport that compulsory execution is not to be effected, or a request for, or an entrustment of, compulsory execution is withdrawn.

Article 50Revocation or temporary injunction of execution disposition

(1) In cases falling under subparagraphs 1, 3, 5, and 6 of Article 49, the already-effected execution disposition shall be revoked, and in cases falling under subparagraphs 2 and 4 of that Article, the already-effected execution disposition shall be subjected to a temporary injunction.

(2) Where an execution disposition is revoked pursuant to paragraph (1), Article 17 shall not be applicable.

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

(1) Where any compulsory execution is suspended by submitting a deed stating the purport that the reimbursement has been received from among the deeds under subparagraph 4 of Article 49, the period of such suspension shall be two months.

(2) Where any compulsory execution is suspended by submitting a deed stating the purport that a consent has been given to a deferment of the performance of obligations from among the deeds under subparagraph 4 of Article 49, such suspension shall be limited to twice only, and the aggregate period thereof shall not exceed six months.

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

(1) Where a debtor has died after the commencement of compulsory execution, such compulsory execution shall continuously progress on the inherited property.

(2) Where an executing act, which is to be notified to the debtor, is conducted, if there exists no heir or his or her whereabouts is obscure, the court of execution shall, upon a motion of the creditor, appoint a special representative for the inherited property or for the heir.

(3) Article 62(2) through (5) of the Civil Procedure Act shall apply mutatis mutandis to the special representative under paragraph (2). <Amended on Feb. 3, 2016>

Article 53Bearing costs of execution

(1) Costs required for compulsory execution shall be borne by a debtor, and shall be indemnified preferentially by such execution.

(2) When a judgment constituting the basis for compulsory execution has been reversed, the creditor shall reimburse the costs under paragraph (1) to the debtor.

Article 54Compulsory execution against military personnel or military service officials

(1) Where compulsory execution is enforced against military personnel or military service officials at the barracks, military buildings, or military vessels, the court shall, upon a motion of the creditor, entrust the military judge, unit commander, or ship's captain to enforce the execution.

(2) Any articles seized by an entrustment shall be delivered to the execution officer entrusted by the creditor.

Article 55Execution to be enforced in foreign state

(1) Where compulsory execution is enforced in a foreign state, if any statutory cooperation is to be available from the public agency of such foreign state, the court of the first instance shall, upon a motion of the creditor, entrust it to the foreign public agency.

(2) When compulsory execution is enforceable by a consul of the Republic of Korea stationed in a foreign state, the court of the first instance shall entrust such consul with it.

Article 56Other executive titles

Compulsory execution may also be enforced by resorting to any of the following:

1. Judgment to be demurrable only by a complaint;

2. Judgment which contains a declaration of provisional execution;

3. Payment order which has become final and conclusive;

4. Notarial deed prepared by a notary public in respect of the claims aiming at the payment of specific amount, or at the payment of a specific quantity of substitute goods or securities, and which states the purport of giving a consent of the debtor to the compulsory execution;

5. Settlement in court, recognition and acceptance of the claims, etc., and others having the effects identical with a final and conclusive judgment.

Article 57Provisions applicable mutatis mutandis

`Articles 28 through 55 shall apply mutatis mutandis to the compulsory execution based upon the executive titles under Article 56, except as otherwise provided for in Articles 58 and 59.

Article 58Payment order and its execution

(1) Any compulsory execution based on a payment order which has become final and conclusive, shall be enforced by an exemplification of the payment order, needless to obtain any grant of execution clause; provided, the same shall not apply to any of the following cases:

1. Where a condition is imposed on the execution of payment order;

2. Where compulsory execution is enforced for the sake of a successor to the party;

3. Where compulsory execution is enforced against a successor to the party.

(2) When a creditor has requested many copies of the exemplification of payment order, or requested again an exemplification of payment order without returning the exemplification of payment order delivered earlier, the junior administrative officer, etc. of a court shall deliver it. In such cases, the grounds therefor shall be entered in an original copy and an exemplification thereof.

(3) Article 44(2) shall not apply to the allegation of demurrer against the claims.

(4) Lawsuit for granting an execution clause, lawsuit of demurrer against claims, or lawsuit of demurrer against granting an execution clause, shall be under the jurisdiction of a district court issuing a payment order.

(5) In case falling under paragraph (4), when such claims are the cases under collegiate decision, they shall be judged by a collegiate panel of the district court having jurisdiction over the location of such court.

Article 59Notarial deed and its execution

(1) An execution clause of the deed prepared by a notary public shall be granted by the notary public who keeps such deed.

(2) When there exists any demurrer against a disposition of a notary public in respect of a request for a grant of execution clause, a single judge of the district court having jurisdiction over the location of such notary public's office, shall render a judgement by his or her ruling.

(3) Article 44(2) shall not apply to the allegation of demurrer against the claims.

(4) Lawsuit for granting an execution clause, lawsuit of demurrer against claims, or lawsuit of demurrer against granting an execution clause, shall be subject to the jurisdiction of the court in the location of debtor's general forum; provided, when there does not exist such court, it shall be subject to the jurisdiction of the court with which a lawsuit may be filed against the debtor pursuant to Article 11 of the Civil Procedure Act.

Article 60Execution of administrative fines

(1) Judgment imposing an administrative fine shall be effected by an order of a prosecutor.

(2) The order under paragraph (1) shall have the same effect as the executive titles with executive force.

Article 61Request for specification of property

(1) A creditor who is entitled to commence compulsory execution based upon the executive titles aiming at paying the money, may file a request for specification of the debtor's property with the court in the location of the debtor's general forum; provided, the same shall not apply to the case of a judgment with a declaration of a provisional execution under Article 213 of the Civil Procedure Act, or that of the executive titles with executive force by virtue of a declaration of provisional execution attached thereto under a mutatis mutandis application of that Article.

(2) The request under paragraph (1) shall be accompanied by an executory exemplification and the documents required for commencing compulsory execution.

Article 62Trial on request for specification of property

(1) When the request for a specification of property is justifiably well-grounded, a court may order a debtor to submit a property catalog which specifies his or her status of property.

(2) When the request for a specification of property is not justifiably well-grounded, or if deemed that the property of the debtor may be easily detected, the court shall dismiss it by its ruling.

(3) The trial under paragraphs (1) and (2) shall proceed without hearing the debtor.

(4) The ruling under paragraph (1) shall be served on the creditor who made such request and on the debtor, and in extending a service on the debtor, it shall be concurrently notified that, if he or she fails to comply with the ruling, he or she may be subjected to a sanction prescribed in Article 68.

(5) A service on the debtor under paragraph (4) shall not be effected by means under Articles 187 and 194 of the Civil Procedure Act.

(6) When the ruling under paragraph (1) is not served on the debtor, the court shall order the creditor, fixing an appropriate period, to revise the debtor's address within such period.

(7) When the creditor has failed to comply with the order under paragraph (6) in spite of having received it, the court shall revoke the ruling under paragraph (1) and dismiss without prejudice the request for a specification of property.

(8) An immediate complaint may be raised against the ruling under paragraphs (2) and (7).

(9) When the debtor has altered the place to receive a service after receipt of the service of a ruling under paragraph (1), he or she shall promptly file a report on such purport with the court, and where he or she fails to file such report, Articles 185(2) and 189 of the Civil Procedure Act shall apply mutatis mutandis.

Article 63Demurrer against order to specify property

(1) A debtor may file a demurrer within one week from the date of receiving a service of the order to specify the property.

(2) When the debtor has filed a demurrer under paragraph (1), the court shall fix the date to examine the grounds for filing such demurrer and notify the creditor and the debtor thereof.

(3) When any filing of a demurrer is justifiably well-grounded, the court shall revoke the order to specify the property, by its ruling.

(4) When the filing of a demurrer is not justifiably well-grounded, or the debtor has failed to appear on the designated date without good cause, the court shall dismiss such demurrer by its ruling.

(5) An immediate complaint may be raised against the ruling under paragraphs (3) and (4).

Article 64Designation of date for specification of property

(1) When there exists no filing of a demurrer by the debtor against an order to specify the property, or it has been rejected, the court shall fix the date for specifying the property and ask the debtor to appear. Such date shall be notified also to the creditor.

(2) The debtor shall submit on the date under paragraph (1) the property catalog clarifying the properties subject to compulsory execution and the following matters:

1. Onerous transfer of the immovables performed by the debtor within one year before a service of the order to specify the property;

2. Onerous transfer of properties other than the immovables performed by the debtor to the spouse, lineal blood relatives, collateral blood relatives within a cousinship and their spouses, and lineal blood relatives and siblings of the latter spouses, within one year before a service of the order to specify the property;

3. Gratuitous disposition in respect of property performed by the debtor within two years before a service of the order to specify the property; provided, the same shall not apply to the gifts offered as a token of courtesy.

(3) Matters to be entered into the property catalog and the scope thereof, shall be determined by the Supreme Court Regulations.

(4) When the debtor appearing on the date under paragraph (1) has vindicated that he or she is able to reimburse within three months, the court may postpone such date within the limit of three months, and when the debtor has submitted a document attesting that he or she has reimbursed at least 2/3 of his or her debts on the new date, the court may postpone the date again within the limit of one month.

Article 65Oath

(1) A debtor shall take an oath on the date of specifying property that the property catalog is truthful.

(2) Articles 320 and 321 of the Civil Procedure Act shall apply mutatis mutandis to the oath under paragraph (1). In such cases, the written oath shall contain the following words:"I have prepared and submitted, according to conscience, the property catalog as it is, and I swear that I will accept punishment if there exists anything concealed or falsely prepared".

Article 66Revision of property catalog

(1) When there exist any formal defects or obscure points in the property catalog which has been submitted on the date of specification, the debtor may revise the already-submitted property catalog by obtaining permission from the court, even after having taken an oath under Article 65.

(2) An immediate complaint may be made against the ruling as to the permission under paragraph (1).

Article 67Perusal and reproduction of property catalog

Any creditor entitled to commence compulsory execution against a debtor may file a request for a perusal or reproduction of the property catalog.

Article 68Court-ordered confinement of debtor and penalty provisions

(1) Where a debtor has committed any of the following acts, without any good cause, a court shall punish him or her by court-ordered confinement for not more than 20 days, by its ruling:

1. Non-appearance on the date of specification;

2. Refusal to submit the property catalog;

3. Refusal to take an oath.

(2) When the debtor is a juristic person, or an association or foundation under Article 52 of the Civil Procedure Act, its representative or administrator shall be punished by court-ordered confinement.

(3) The court shall summon the debtor on the date of judgment on court-ordered confinement and examine him or her whether he or she has any good cause for committing any violation referred to in the subparagraphs of paragraph (1).

(4) An immediate complaint may be made against the ruling under paragraph (1).

(5) When the debtor requests that he or she comply with an order to specify the property during the execution of court-ordered confinement, the court shall promptly designate the date for specification.

(6) When the debtor has submitted the property catalog and taken an oath by appearing on the date for specification under paragraph (5) or has reimbursed his or her debts to the requesting creditor and submitted the document attesting such fact, the court shall promptly revoke the ruling of court-ordered confinement and order to release such debtor.

(7) The date for specification under paragraph (5) may be effected even without notifying the requesting creditor thereof. In such cases, the fact under paragraph (6) shall be notified to the creditor.

(8) Procedures for judgments and their execution under paragraphs (1) through (7), and other necessary matters, shall be prescribed by the Supreme Court Regulations.

(9) When the debtor has submitted a false property catalog, he or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won.

(10) When the debtor is a juristic person, or an association or foundation under Article 52 of the Civil Procedure Act, its representative or administrator shall be punished pursuant to paragraph (9), and the debtor shall be punished by a fine under paragraph (9).

Article 69Second request for specification

Where a request for the property specification has been dismissed or dismissed without prejudice, the creditor who has made such request for specification shall not file again, with the same executive titles, the request for the property specification unless he or she supplements the grounds for such dismissal or dismissal without prejudice.

Article 70Request for entry in defaulters' list

(1) If a debtor falls under any of the following, a creditor may apply for an entry of such debtor in the defaulters' list:

1. When the debts are not reimbursed within six months after the executive titles ordering a payment of money have become final and conclusive or after such executive titles are drawn up; provided, the case of executive titles prescribed in the proviso of Article 61(1) shall be excluded;

2. When falling under any of the grounds listed in each subparagraph of Article 68(1) or those listed in paragraph (9) of that Article.

(2) In filing the request under paragraph (1), the reason therefor shall be vindicated.

(3) Judgment on the request under paragraph (1) shall be subject to the jurisdiction of the court in the location of the debtor's general forum in the case of paragraph (1)1, and to that of the court effecting the procedures for property specification in the case of paragraph (1)2.

Article 71Decision on request for entry

(1) When the request under Article 70 is justifiably well-grounded, the court shall render the ruling of entering the debtor in the defaulters' list.

(2) When the request for entry is justifiably well-grounded, or there exists such obvious reason as recognizable that compulsory execution would be easily effected, the court shall dismiss such request by its ruling.

(3) An immediate complaint may be raised against a judgment under paragraphs (1) and (2). In such cases, Article 447 of the Civil Procedure Act shall not apply mutatis mutandis.

Article 72Keeping of list

(1) The defaulters' list shall be kept in the court which has made the ruling of entry.

(2) The court shall forward a duplicate of the defaulters' list to the head of a Si (referring to a Si in which no Gu is established; hereinafter the same shall apply) or a Gu/Eup/Myeon (in cases of a city in urban and rural complex form, it shall be the head of a Si/Gu in the Dong area, and the head of an Eup/Myeon in the Eup/Myeon area; hereinafter the same shall apply) where the debtor's address is registered (if the debtor is a juristic person, where its principal office is located).

(3) Under the conditions determined by the Supreme Court Regulations, the court may forward a duplicate of the defaulters' list to the head of a specific financial institution or the head of an organization related to financial institution so as to have it utilized as a credit information on the debtors.

(4) Any person may file a request for a perusal or reproduction of the defaulters' list or its duplicate.

(5) The defaulters' list shall not be published by means of printed matter, etc.

Article 73Cancellation of entry in list

(1) When it has been attested that an obligation is extinguished by a reimbursement or other reasons, the court shall, upon a motion of the debtor, render a ruling to cancel his or her name out of the defaulters' list.

(2) The creditor may raise an immediate complaint against the ruling under paragraph (1). In such cases, Article 447 of the Civil Procedure Act shall not apply mutatis mutandis.

(3) When 10 years have elapsed from the year next to that in which an entry in the defaulters' list was made, the court shall render ex officio a ruling to cancel the name entered in such list.

(4) When the ruling under paragraphs (1) and (3) has been rendered, such purport shall be notified to the head of a Si/Gu/Eup/Myeon where the debtor's address is registered (if the debtor is a juristic person, where its principal office is located), and to the head of a financial institution, etc. to whom a duplicate of the defaulters' list has been forwarded under Article 72(3).

(5) The head of a Si/Gu/Eup/Myeon and the head of a financial institution, etc., in receipt of the notification under paragraph (4), shall cancel the names entered in the duplicate of such list.

Article 74Inquiry about property

(1) Where it falls under any of the following, the court that exercises jurisdiction over the formalities of property specification may, according to the application of the creditor who has applied for such property specification, inquire about the property under debtor's title of the public agencies, financial institutions, organizations, etc., which control the computer networks on the property and credit of individuals: <Amended on Jan. 27, 2005>1. Where it is acknowledged that the creditor, concerning the formalities of property specification, has failed to comply due to a cause under Article 194(1) of the Civil Procedure Act even though he or she received an order to correct his or her address under Article 62(6);

2. Where the properties on the property list presented by the debtor fall short of the satisfaction of execution claims concerning the formalities of property specification;

3. Where there are causes that fall under subparagraphs of Article 68(1) or paragraph (9) of that Article concerning the formalities of property specification.

(2) Where the creditor files an application under paragraph (1), he or she shall specify the agency or organization to be inquired of, and pay in advance the costs for such inquiry.

(3) Where the court makes an inquiry under paragraph (1), it may, by means of a document stating the debtor's personal matters, ask the head of the relevant agency or organization to gather altogether, and to submit, the data on the debtor's property and credit that are retained by such agency or organization.

(4) The public agency, financial institution, organization, etc. shall not refuse, without good cause, the inquiry under paragraphs (1) and (3).

Article 75Results of inquiry about property

(1) A court shall manage the results of inquiries made under Article 74(1) and (3), correspondingly to the debtor's property catalog.

(2) When the head of an agency or organization in receipt of the inquiry under Article 74(1) and (3) has submitted the false data, or refused to submit the data, without good cause, he or she shall be subject to an administrative fine not exceeding five million won, by a ruling.

(3) An immediate complaint may be made against the ruling under paragraph (2).

Article 76Penalty provisions

(1) No one shall use the results of inquiry about the property for other purposes than compulsory execution.

(2) A person who violates the provisions of paragraph (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won.

Article 77Supreme Court Regulations

The Supreme Court Regulations shall prescribe the scope of a public agency, financial institution, organization, etc. to be inquired of under Article 74(1) and (3) and the procedures for such inquiry, the costs to be paid by the creditor under Article 74(2), matters regarding the management of the results of inquiry under Article 75(1), the procedures for imposing an administrative fine under Article 75(2), and similar matters.