When they won't pay the compensation after judgment

A final judgment, a mediation record (조정조서) or a final recommendation for settlement (화해권고결정) serves as the basis for compulsory execution. If the operative part of the judgment includes a provisional execution (가집행) clause, you can start enforcing without waiting for the judgment to become final, even if the other side appeals (Civil Procedure Act (민사소송법) Article 213). In that case, the other side can post security and apply to stop enforcement.

To enforce, you need to obtain a certificate of enforcement (집행문) for the judgment. First check whether the judgment is final and whether you have a certificate of service (송달증명).

If you have lost the judgment, you can get it reissued by the court. Enforcement requires an authenticated original of the judgment, so check in advance if you only have a copy.

If you don't know the other side's assets, apply for an asset disclosure order (재산명시) (Civil Execution Act (민사집행법) Article 61). Once the court orders it, the other side must submit a list of assets, and if they fail to appear on the date or refuse to submit the list without a legitimate reason, they can be placed in detention for contempt (감치) for up to 20 days (Article 68 of the same Act).

If the disclosure procedure is not enough, you can apply for an asset inquiry (재산조회), in which financial institutions and public agencies are asked about assets in the other side's name (Article 74 of the same Act). If they still haven't paid 6 months after the judgment becomes final, you can also apply to have them entered in the register of defaulters (채무불이행자명부) (Article 70 of the same Act).

Sometimes the other side gets in touch as soon as the asset disclosure order is served on them. If they propose installment payments at that point, decide whether to accept and whether to put the terms in writing.

If the other side is employed, garnishing their salary is the most realistic option. However, one-half of the salary cannot be seized, and a separate threshold reflecting living costs also applies, so you cannot take the full amount (Article 246 of the same Act). The garnishment order goes to their employer, which often prompts them to get in touch.

For bank deposits, the money in the account at the time of seizure is what can be seized. If the balance is near zero, there is little to collect, so we also look at regular income such as salary. If the asset disclosure reveals real estate or shares, we proceed with a compulsory auction for real estate and seizure for shares.

If the other side leaves their job, there is no more salary to collect from that company, so you must apply again once you learn of their new employer. One-half of severance pay is also exempt from seizure, but the rest can be seized (Civil Execution Act Article 246).

If the other side moved assets into family members' names during the lawsuit or right after the judgment, we consider a lawsuit to revoke the fraudulent transfer (사해행위취소). This is why placing a provisional attachment (가압류) from the start matters.

Even if there are no assets right now, don't give up. A claim confirmed by judgment has a 10-year limitation period (Civil Act (민법) Article 165), and before it runs out you can file a lawsuit to extend it. If the other side gets a job or acquires assets in the meantime, you seize them then.

A fraudulent transfer action requires showing that the other side moved assets and that this left them with too little to pay, so we first check property registers and transaction records. There is also a time limit: it must be filed within 1 year of learning of the grounds for revocation and within 5 years of the disposal (Civil Act Article 406(2)).

Out of frustration, sending a certified letter to their company with "affair compensation claim" written on the envelope, or posting the judgment on social media, can raise defamation (명예훼손) issues (Criminal Act (형법) Article 307). This is true even with a judgment in hand. Applying pressure through procedures set by law, such as salary garnishment, is safer, and in practice the other side often gets in touch sooner.

Also avoid demanding that their family pay on their behalf. A judgment binds only the defendant, and pressuring family members creates other disputes.

After judgment, the procedures usually go in the following order. If you already know the other side's assets, you may skip the asset disclosure and go straight to seizure. Cases that ended with a mediation record or a final recommendation for settlement can be enforced the same way.

• Confirm the judgment is final and obtain a certificate of service
• Apply for a certificate of enforcement
• Apply for an asset disclosure order and asset inquiry
• Garnish salary or deposits and collect; compulsory auction of real estate
• If still unpaid, apply for entry in the register of defaulters