Not everyone who fails to get a jeonse deposit back counts as a “jeonse fraud victim” in Korean law. Article 3 of the Special Act on Support for Jeonse Fraud Victims and Housing Stability says an applicant must meet all four conditions: (1) opposing power and a fixed date; (2) a deposit of 500 million won or less, which the committee may raise by up to 200 million won; (3) a loss, actual or expected, to 2 or more tenants; and (4) substantial grounds to suspect the landlord never meant to repay. For tenants whose auction or public sale has already finished, items 1 and 3 are dropped. Answer the questions below to see which item is missing.
1. All four conditions — opposing power and fixed date, deposit up to 500 million won, 2+ tenants hit, suspected intent.
2. Excluded if the whole deposit comes back through a guarantee, small-tenant priority or your own rights (Art. 3(2)).
3. The committee decides within 30 days of the agenda (one 15-day extension); objections within 30 days of service.
Checker
Updates as you type. This checks the four items of Article 3(1) and the three exclusions of Article 3(2) as you answer them; the actual decision is made by the Minister after the committee’s review. The cap is 500 million won unless the committee has raised it (by up to 200 million). Category (c) of Article 2(4) is not judged here.
The four conditions — Article 3(1)
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| 1. Opposing power, fixed date | Delivery of the home and resident registration under Housing Lease Protection Act Art. 3 (move-in report counts as registration), plus a fixed date under Art. 3-2(2). A registered lease or a Civil Act Art. 303 jeonse right also counts | Dropped once the auction or public sale is complete (proviso) |
| 2. Deposit | Deposit of 500 million won or less; the committee may raise the cap within 200 million won for regional and victim circumstances | At most 700 million won (our sum) |
| 3. Several victims | Landlord bankruptcy or rehabilitation, auction or public sale of the home (including tax-arrears seizure), a tenant obtaining an enforceable title, etc., causing or expected to cause loss to 2 or more tenants | Also dropped once the sale is complete |
| 4. Suspected intent | An investigation of the landlord etc., deception, transfer to someone unable to repay, or buying and letting many homes without the means to repay — substantial grounds to suspect no intent to repay | “Landlord etc.” includes agents, brokers, recruiters and the person behind several landlords (Art. 2(2)) |
The conditions apply only to tenants who are natural persons. “Landlord etc.” is defined widely: the landlord’s agent, a licensed broker (and assistant) acting for the landlord, anyone recruiting tenants, and one person behind several landlords and that person’s organisation (Art. 2(2)(a)–(f)).
When you are excluded — Article 3(2)
| Exclusion | Text | Worth noting (ours) |
|---|---|---|
| 1. Guarantee or insurance | A tenant’s or landlord’s deposit guarantee or insurance means the whole deposit can be returned | Partial return does not seem to count |
| 2. Small-tenant priority | The whole deposit falls within the priority amount under Housing Lease Protection Act Art. 8(1) | Amounts in small-tenant priority checker |
| 3. Own recovery | The tenant is judged able to recover the whole deposit through opposing power or priority | Decided on the investigation |
If the investigation shows exclusion 1 or 2, the Minister may decide “not eligible” without the committee and report it to the next plenary meeting (Art. 14(5) proviso).
Deposit above 500 million won — “victims etc.”
Article 2(4) has three categories. (a) is a jeonse fraud victim meeting all four conditions; (b) is a tenant meeting items 1, 3 and 4 (not excluded under paragraph 2). A tenant who fails only the deposit cap seems to fall under (b) (our reading). (c) covers tenants meeting items 2 and 4 who took delivery, reported moving in and got a fixed date, including homes let by someone without lawful authority. Support may differ by category; we did not map every support item this time.
From application to decision — Articles 12–15
| Step | Text | Time limit |
|---|---|---|
| Apply (Art. 12) | Apply to the Minister of Land, Infrastructure and Transport | Procedure by ministry ordinance |
| Investigate (Art. 13) | Home value and condition, rights, the landlord’s debts; data from courts, KAMCO, the ministry | — |
| Review (Art. 14(3)) | The committee finishes within 30 days of the agenda | One extension within 15 days — 45 days at most (our sum) |
| Objection (Art. 15) | Object within 30 days of service of the decision | Decided within 20 days, after committee re-review |
Three checks — our example
| Case (our example) | Result | Worth noting (ours) |
|---|---|---|
| Moved in with fixed date, 300 million won deposit, auctions opened for several tenants of the same landlord, investigation opened | All 4 met | The committee still decides |
| Same, but a 600 million won deposit (cap left at 500 million) | Deposit over cap — may be (b) | Met if the committee raised the cap by 200 million |
| Same, but deposit insurance returns it all | Excluded | Art. 3(2)1 |
If the auction or public sale has finished, items 1 and 3 are not checked (Art. 3(1) proviso). Under Addenda Art. 3 the proviso applies to tenants whose sale finished on or after the day two years before the Act took effect.
How long the Act lasts — Addenda
The Act was promulgated and took effect on 1 June 2023 (Act No. 19425). Addenda Article 2 says it is valid “until the day 4 years have passed after it takes effect” (amended 20 May 2025). Addenda Article 4 keeps applying it after expiry to people already decided and to those who have applied. So if you suspect fraud, applying early seems wise (our note).
Delaying an auction or buying the home first is in jeonse fraud auction deferral calculator.
Checklist
- ☐ Proof of the move-in report and fixed date (or registered lease / jeonse right)
- ☐ Deposit at or under 500 million won (or the raised cap)
- ☐ Evidence of other tenants’ losses, auctions or an investigation
- ☐ Check first whether insurance returns the whole deposit
- ☐ Decide on an objection within 30 days of the decision
Questions that remain
The lease is in a company’s name. Can I apply?
Article 3(1) limits applicants to natural persons.
What if insurance returns only part?
Exclusion 1 covers only cases where the whole deposit can be returned, so partial return does not seem to exclude you (our reading).
Where can I see whether the cap was raised?
The committee raises it by region. We did not read its decisions; check the ministry’s notices.
Sources
- Korean law database (law.go.kr) — Special Act on Support for Jeonse Fraud Victims Arts. 2, 3, 12–15 and Addenda — source (current text, effective 2 October 2026, Act No. 21490; checked 26 October 2026). Definitions (landlord etc., victims etc. (a)–(c)), the four conditions and proviso, three exclusions, application, investigation, 30-day review (15-day extension), 30-day objection and 20-day decision, Addenda to Act No. 19425 (4-year validity, application, transition).
- Not read. Enforcement Decree and Rules, the committee’s cap decisions, every support item by category, case law.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- The ministry and regional jeonse damage support centres — forms and any raised cap.
- Korea Legal Aid Corporation or a lawyer — alongside auctions or lawsuits.
Written on 26 October 2026. The content is from the source; the glosses are ours.
