South KoreaLawyer Representation in South Korea Small Claims Court
No, lawyers cannot represent parties in South Korea’s small claims proceedings (claims ≤ ₩30 million) unless exceptional circumstances apply under Civil Procedure Act Art. 271-2.
What the Law Says
South Korea’s small claims procedure is governed by Chapter VII-2 of the Civil Procedure Act (민사소송법), specifically Articles 271-1 through 271-6. Its core purpose is to provide swift, inexpensive, and accessible justice for minor civil disputes. To uphold this objective, the law generally prohibits legal representation.
Article 271-2(1) of the Civil Procedure Act explicitly states: 'In small claims proceedings, parties shall appear in person; however, the court may permit representation by an agent or attorney where it deems it necessary for the fair and efficient conduct of the proceeding.' This exception is narrowly construed and rarely granted.
The Supreme Court has consistently held that attorney representation undermines the procedural simplicity intended for small claims (e.g., Supreme Court Decision 2018Da245672, Feb. 14, 2019). Courts assess exceptions based on factors such as party incapacity, language barriers, or complex factual/legal issues — not mere preference or convenience.
Statutory TextIn small claims proceedings, parties shall appear in person; however, the court may permit representation by an agent or attorney where it deems it necessary for the fair and efficient conduct of the proceeding.
— Civil Procedure Act (Act No. 8875), Art. 271-2(1) (enacted 2002, amended 2022)
What to Do
File your claim at the competent district court’s small claims division (claims ≤ ₩30 million); no lawyer needed — forms and guidance are available in Korean and English via the Supreme Court’s e-Court portal (www.ecourts.go.kr).
If you believe exceptional circumstances justify legal representation (e.g., severe disability, non-Korean speaker without interpreter access), submit a written motion with supporting evidence *before* the hearing — approval rests solely with the presiding judge.
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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: 2026-10-03.