Even someone collecting a real debt has lines they can’t cross. Korea’s Fair Debt Collection Act bans visits or calls at night (from 9 pm to 8 am the next day) that cause fear, demanding that family with no legal duty pay instead, and announcing the debt in front of people at work. Assault and threats carry up to 5 years in prison or a ₩50 million fine; repeated or night-time visits and contact up to 3 years or ₩30 million. Pick one of 29 acts in the checker below to see the article and its statutory ceiling.
1. Assault, threats, confinement, deceit or force — up to 5 years or ₩50 million (Art. 15(1)).
2. Repeated or night-time (9 pm–8 am) visits or contact, demands on family — up to 3 years or ₩30 million (Art. 15(2)).
3. Refusing a debt confirmation letter, contact after a lawyer is appointed — fine up to ₩20 million (Art. 17(1)).
Checker
Updates as you choose. It shows the statutory ceiling for the item you pick, not what a court or agency will actually impose. Night-time alone is not enough for Art. 9(2)–(3): the visit or contact must also cause fear or anxiety and seriously disturb private life or work.
Who is a “collector” — Art. 2
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Item (a) | Lenders and brokers under the Money Lending Business Act, illegal private lenders and credit financial institutions, and anyone who acquires their loans | Banks, card firms, lenders |
| Item (b) | Other money lenders and their assignees | Private individual lenders too (our reading) |
| Item (c) | Assignees of money claims from commercial acts | — |
| Item (d) | Anyone who collects others’ debts for payment (including sham assignees) | Collection agencies |
| Item (e) | Anyone collecting for (a)–(d) by employment, contract or mandate | Staff and agents |
| Debtor | A natural person who owes, or is claimed to owe, guarantors included | Companies excluded |
| Related person | Anyone living with or sharing a livelihood with the debtor, relatives, and co-workers | — |
“Business” is defined in Arts. 13-2 and 14 as collectors under items (a) and (d) and those collecting for them. The checker’s “not a business” means anyone else, such as a private lender (our summary).
Assault, threats and the like — Art. 9
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| (1) | Assault, threats, arrest or confinement of the debtor or related persons, or using deceit or force | Banned outright, no fear test |
| (2) | Visits without good reason, repeatedly or at night, causing fear or anxiety that seriously disturbs private life or work | Night = 9 pm to 8 am the next day |
| (3) | The same by phone calls or words, writing, sound, images or objects | Texts and messengers count as writing (our reading) |
| (4) | Telling anyone other than the debtor (guarantors included) false facts about the debt | — |
| (5) | Forcing the debtor to borrow money to repay, causing fear or anxiety | — |
| (6) | Demanding that someone with no legal duty pay instead, causing fear or anxiety | Parents, siblings or spouses without a guarantee (our reading) |
| (7) | Announcing the debt amount or arrears in front of a crowd at work, home or similar | — |
The 7-contacts-in-7-days limit and time-slot blocking for personal financial claims are in debt collection contact limit checker.
Other bans — Arts. 8-2 to 8-4, 10 to 13
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 8-2 | Once the debtor appoints a lawyer or law firm and gives written notice, no visits or contact with the debtor (unless both agree or there is good reason the lawyer can’t be reached) | Credit financial institutions, collection companies, asset managers, ordinary money lenders and their agents are excluded; money lending businesses are covered |
| Art. 8-3 | No visits or contact with related persons except to ask where the debtor is; even then give name, contact, creditor and purpose, and don’t reveal the debt | — |
| Art. 8-4 | Non-lawyer collection businesses may not conduct litigation | — |
| Art. 10 | No leaking or off-purpose use of credit or personal data (provision under other laws excepted) | — |
| Art. 11 | Collecting a non-existent debt, marks mistaken for a court or prosecution office, false authority, claiming proceedings that aren’t under way, using others’ names | From 2 October 2026 “prosecutors’ office” reads “public prosecution office” |
| Art. 12 | Exploiting weddings or funerals, asking related persons when the debtor isn’t out of contact, collect-call costs, repeated demands knowing of a rehabilitation stay or discharge, postcards that reveal the debt | — |
| Art. 13 | No collection costs not owed or above what was actually spent | Allowed costs: Decree Art. 2 |
Penalties and fines — Arts. 15–17
| Ceiling | Acts | Worth noting (ours) |
|---|---|---|
| Up to 5 years or ₩50 million — Art. 15(1) | Assault, threats, detention, confinement, deceit or force (Art. 9(1)) | The heaviest band |
| Up to 3 years or ₩30 million — Art. 15(2) | Litigation by a non-lawyer collector (Art. 8-4), Art. 9(2)–(7), data leaks (Art. 10(1)), collecting a non-existent debt (Art. 11(1)) | Night-time and repeated visits or calls sit here |
| Up to 1 year or ₩10 million — Art. 15(3) | Contacting related persons (Art. 8-3(1)), marks mistaken for a state body (Art. 11(2)) | — |
| Fine up to ₩20 million — Art. 17(1) | Refusing a confirmation letter (Art. 5(1)), contact after a lawyer is appointed (Art. 8-2), Art. 12(1)–(2) | The Art. 12 items are ₩10 million for non-businesses |
| Fine up to ₩10 million — Art. 17(2) | No mandate notice (Art. 6), double mandates (Art. 7), registration during a lawsuit (Art. 8), Art. 8-3(2), Art. 11(3)–(5), improper costs (Art. 13), no cost statement (Art. 13-2(2)) | Arts. 7, 11 and 13 items are ₩5 million for non-businesses |
| Fine up to ₩5 million — Art. 17(3) | Art. 12(3), (3-2), (4), (5) | ₩2.5 million for non-businesses (our sum) |
Article 17(4) halves the maximum fine under (1)3, (2)2, (2)5, (2)6 and (3) where the collector is not a business. Article 16 also fines the company or employer when staff commit a criminal offence, unless it took due care and supervision. Decree Art. 4 sets actual fines by a schedule, adjustable by up to one half but never above the statutory ceiling.
Sample verdicts — our examples
| Situation (our example) | Checker result | Worth noting (ours) |
|---|---|---|
| A lender’s staff member bangs on the door at 10 pm | Art. 9(2) — up to 3 years or ₩30 million | 22:00 is night; fear and serious disturbance are also needed |
| A text telling a mother with no debt to “pay for your son” | Art. 9(6) — up to 3 years or ₩30 million | Where she has no legal duty such as a guarantee |
| A letter dressed up like a court bailiff’s | Art. 11(2) — up to 1 year or ₩10 million | — |
| A private lender keeps demanding payment knowing of a discharge | Art. 12(4) — fine up to ₩2.5 million | Half of ₩5 million (Art. 17(4)) |
If it happens — what the Act says and our note
Article 14 makes a collector who breaks the Act liable for damages to the debtor or related persons; a business escapes only by proving it was not at fault. Fines are imposed under Art. 18 by the body that licensed or registered the collector, or otherwise by the mayor of a metropolitan city or the provincial governor. Keeping dates, times, call recordings and texts makes it easier to place the conduct under an article (our note). Whether you owe the money is a separate question from whether the collection was lawful.
Checklist
- ☐ Log dates and times of visits and contact (9 pm–8 am?)
- ☐ Whether family or co-workers were told about the debt
- ☐ Whether a letter imitates a court or prosecution office
- ☐ If you appointed a lawyer, keep the written notice
- ☐ Whether you asked for a confirmation letter or cost statement
Questions that remain
Is one call after 9 pm a crime?
Article 9(3) bans contact “repeatedly or at night” that causes fear or anxiety and seriously disturbs daily life. Night-time alone doesn’t settle it; investigators and courts look at the facts.
Does the Act cover collecting a loan between friends?
Article 2(1)(b) includes “other money lenders”, so we read it as covered. Article 8-2 (no contact after a lawyer is appointed) does exclude ordinary money lenders.
Does the Individual Debtor Protection Act also apply?
Article 4 says special provisions in other laws come first. How the two Acts split overlapping ground we didn’t read this time.
Sources
- Korean law database (law.go.kr) — Fair Debt Collection Act Arts. 1–18 — source (current text, effective 2 October 2026, Act No. 21490; checked 4 November 2026). Definitions, confirmation letters, mandate notice, double mandates and registration, no contact after a lawyer is appointed, related persons, litigation ban, prohibited acts in Arts. 9–13-2, damages, penalties, corporate liability and fines (halved for non-businesses).
- Korean law database — Enforcement Decree Arts. 1-2 to 4 — source (effective 21 November 2014, Decree No. 25763; checked 4 November 2026). Fines adjustable by one half, capped.
- Not read. The Decree’s fine schedule amounts, case law, the overlap with the Individual Debtor Protection Act, separate sanctions under the Money Lending and Credit Information Acts.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Your loan contract and collection notices — the creditor and the agency.
- The Financial Supervisory Service or police — reporting illegal collection.
Written on 4 November 2026. The content is from the source; the glosses are ours.
