South Korea

Small Claims Statute of Limitations in South Korea

5 years
General limitation for claims (Civil Code Art. 162)
3 years
Claims for damages or payment arising from contracts/torts (Civil Code Art. 163)
1 year
Claims for wages, medical fees, or daily services (Civil Code Art. 167)
The Short Answer

The statute of limitations for small claims in South Korea is generally 5 years under the Civil Code, but may be 3 years for certain contractual or tort claims.

What the Law Says

South Korea’s statute of limitations for small claims is governed by the Civil Code (민법), not a separate small claims act. The limitation period depends on the nature of the claim, not the amount sought. Small claims—typically filed in district courts’ simplified proceedings (Civil Procedure Act Art. 318–342)—are subject to the same limitation rules as ordinary civil claims.

Under Article 162 of the Civil Code, the general limitation period for claims is five years from the time the right can be exercised. This applies to most monetary claims unless a shorter period is specified by law.

Article 163 provides a three-year limitation for claims for damages, payment of money arising from contracts or torts, and claims based on unjust enrichment—common in small claims such as unpaid rent, service fees, or minor property damage. Article 167 further shortens the period to one year for wages, medical fees, and daily service compensation.

Statutory Text

A claim shall be extinguished by prescription after the lapse of five years from the time at which it can be exercised.

— Civil Code of the Republic of Korea, Article 162
Statutory Text

Claims for damages, claims for payment arising from contracts or torts, and claims arising from unjust enrichment shall be extinguished by prescription after the lapse of three years.

— Civil Code of the Republic of Korea, Article 163

What to Do

1

Identify the legal basis of your claim (e.g., breach of contract, tort, unjust enrichment) to determine the applicable limitation period under Civil Code Arts. 162–167.

2

File your small claim in the competent District Court’s simplified procedure before the limitation period expires; tolling is extremely limited and does not automatically apply upon negotiation or demand.

Sources

statuteCivil Code of the Republic of Korea

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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.