South KoreaCan I claim damages for emotional distress alone?
No, under South Korean law, you generally cannot claim damages for emotional distress alone without accompanying physical injury, property damage, or violation of a legally protected right.
What the Law Says
South Korean civil law does not recognize pure emotional distress as an independent basis for compensation. Damages for mental anguish must arise from a legally actionable harm.
Under the South Korean Civil Act, compensation for non-pecuniary damage (such as emotional distress) is only available when it results from an unlawful act that causes injury to life, body, health, liberty, or property — or otherwise infringes upon a legally protected interest.
Article 751 of the Civil Act states: 'A person who has infringed another person’s rights or interests by an unlawful act and thereby caused damage to that person shall be liable to compensate for such damage.'
The law requires a causal link between the unlawful act and tangible or legally recognized intangible harm — mere subjective distress without such a foundation is insufficient.
Statutory TextA person who has infringed another person’s rights or interests by an unlawful act and thereby caused damage to that person shall be liable to compensate for such damage.
— Civil Act, Art. 751 — Liability for Damages
What to Do
Identify whether your emotional distress stems from physical injury, property damage, defamation, sexual harassment, or another recognized legal wrong.
Gather evidence linking the distress to the underlying unlawful act (e.g., medical records, witness statements, official reports).
File a claim within the statutory limitation period — typically 3 years from when you became aware of the damage and the perpetrator (Civil Act, Art. 766).
Consult a licensed Korean attorney to assess whether your situation meets the threshold for non-pecuniary damages under Article 751 and related provisions.
Sources
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US-New YorkNot 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.