주한외국인법률정보

[HOAM Foreign Law Column] How to Resolve Disputes Without a Lawsuit: Mediation Committee

A fast and cost-effective way for foreigners to resolve rental disputes.

[HOAM Foreign Law Column] How to Resolve Disputes Without a Lawsuit: Mediation Committee
Table of Contents

When a dispute arises between a landlord and a foreign tenant, many expatriates feel that a lawsuit is the only way out. However, Korean law provides a much faster and more cost-effective alternative: the Housing Lease Dispute Mediation Committee.

1. What is the Mediation Committee?

Established under the Housing Lease Protection Act, this committee is a public organization designed to help parties reach a fair compromise without going to court. It consists of legal experts, professors, and real estate professionals who review the case and propose a 'Mediation Plan.'

2. Why Choose Mediation Over a Lawsuit?

  • Speed: While a lawsuit can take 6-18 months, mediation is usually resolved within 60 to 90 days.
  • Cost: The fee for mediation is a fraction of the cost of hiring a lawyer and paying court fees.
  • Accessibility: The process is less formal and more flexible, making it ideal for foreigners who are intimidated by the judicial system.

3. Key Issues Handled

The committee handles a wide range of common foreigner-related disputes:

  • Return of Jeonse/Wolse deposits.
  • Disputes over maintenance and repair costs.
  • Adjustments to rent or management fees.
  • Restoration of the property to its original condition.

4. The Legal Force of Mediation

If both the landlord and tenant accept the 'Mediation Plan,' it is put in writing as a 'Mediation Record' (Jo-jeong Jo-seo). Legally, this record has the same effect as a final court judgment. If the landlord fails to follow the plan (e.g., still doesn't return the deposit), you can proceed directly to compulsory execution without a separate trial.

5. Why Hoam Law Firm?

Although mediation is less formal than a trial, the outcome depends entirely on how well you present your evidence and legal arguments. Hoam Law Firm specializes in representing foreigners at the Mediation Committee. We handle the paperwork, communicate with the mediator, and ensure that your rights are not compromised during the negotiation process.

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