Origins
Small claims courts arose in the United States after Roscoe Pound's 1906 critique of costly, slow justice; Cleveland opened one in 1913. Korea passed its Small Claims Trial Act in 1973, added court recommendation orders in 2001, and raised the ceiling from KRW 20 million to 30 million in 2017.
How it differs
The court may review the papers and issue a recommendation order; if the defendant does not object within two weeks, it gains the effect of a final judgment, though courts deny it full res judicata.
| Feature | Small claims | Ordinary civil suit |
|---|---|---|
| Scope | Up to KRW 30 million | Unlimited |
| Filing | Oral filing allowed | Written complaint |
| Hearings | Ideally one | Several |
| Representation | Spouse or close relatives without court permission | Usually a lawyer |
| Appeal to Supreme Court | Restricted | Ordinary rules |
Filing on your own
- Gather transfer records, messages and contracts; a certified demand letter often comes first.
- File online through the e-court portal and pay stamp and service fees.
- For undisputed debts, a payment order can be faster.
- Galanter (1974) warns that repeat players such as companies hold advantages, so prepare evidence carefully.
FAQ
- Do I need a lawyer?
- No. You may file yourself, and close family members can represent you without court permission.
- What if I disagree with a recommendation order?
- Object within two weeks of service and the case moves to a regular hearing.
Sources reviewed: 2026-11-09
References
- 소액사건심판법 및 소액사건심판규칙. Korean Small Claims Trial Act and Rules: scope, recommendation orders, representation and appeal limits.
- 대법원 전자민원센터. (n.d.). 소액사건재판. Supreme Court of Korea guide to small claims procedure.
- 법률신문. (2016). 내년부터 민사소액사건 「소가 3000만원 이하」로 상향. News report on raising the small-claims ceiling to KRW 30 million from 2017.
- 한국민족문화대백과사전. (n.d.). 소액사건심판법. Encyclopedia entry on the 1973 enactment and evolution of the Small Claims Trial Act.
- 대한민국 법원 전자소송. (n.d.). Official Korean e-court portal for filing and tracking civil cases online.
- Galanter, M. (1974). Why the "haves" come out ahead: Speculations on the limits of legal change. Law & Society Review, 9(1), 95–160. Classic paper on why repeat players such as firms outperform one-shot litigants.
- Yngvesson, B., & Hennessey, P. (1975). Small claims, complex disputes: A review of the small claims literature. Law & Society Review, 9(2), 219–274. Review showing U.S. small claims courts often became collection venues for businesses.