South Korea

What are the criteria for consolation money amounts?

No fixed cap
Statutory limit
₩10M–₩50M
Common range
Art. 751
Civil Act basis
Art. 3-2
Compensation Act
The Short Answer

Consolation money (solatium) in South Korea is determined by factors including severity of harm, fault, income, age, and social status — but no fixed statutory formula exists; courts assess amounts case-by-case.

What the Law Says

South Korean law does not prescribe fixed amounts for consolation money (solatium), but authorizes courts to award reasonable compensation for non-pecuniary damage such as pain, humiliation, or mental anguish.

The Civil Act provides the foundational authority: Article 751 states that 'a person who intentionally or negligently infringes upon another person’s right or legally protected interest shall be liable to compensate for the resulting loss.' This includes non-material harm.

The Act on Compensation for Damages Caused by Crimes (Act No. 11389) also recognizes solatium in criminal contexts. Article 3-2 states: 'The court may order the offender to pay consolation money to the victim, taking into account the degree of harm, the offender’s fault, and other circumstances.'

Courts consider multiple factors — including the nature and severity of injury, duration of suffering, victim’s age and occupation, perpetrator’s intent or negligence, and socio-economic status — but no statutory table or multiplier system applies.

Statutory Text

A person who intentionally or negligently infringes upon another person’s right or legally protected interest shall be liable to compensate for the resulting loss.

Civil Act, Art. 751 — Liability for Tort
Statutory Text

The court may order the offender to pay consolation money to the victim, taking into account the degree of harm, the offender’s fault, and other circumstances.

Act on Compensation for Damages Caused by Crimes, Art. 3-2 — Consolation Money in Criminal Cases

What to Do

1

Gather evidence of physical/mental harm (medical records, psychological evaluations, witness statements)

2

Document the perpetrator’s conduct and level of fault (police reports, recordings, testimony)

3

Consult a Korean attorney to assess comparable past awards and prepare a reasoned claim

4

File a civil suit for damages (separate from or alongside criminal proceedings, if applicable)

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.