Supreme Court Establishes Guidelines Respecting Human Rights of Debtors in Real Estate Delivery Enforcement

Supreme Court in Seocho-dong, Seoul.
[Photo by Yonhap News]

[Asia Economy Reporter Choi Seok-jin] Guidelines have been established to ensure that bailiffs respect the human rights of debtors and their families as much as possible when executing real estate delivery claims.

The Supreme Court announced on the 29th that it has enacted the "Guidelines for Handling Procedures in the Execution of Delivery of Real Estate, etc.," a regulation for human rights protection, which will take effect from the 1st of next month.

These guidelines were established in response to the recommendation from the National Human Rights Commission to "prepare and implement guidelines for the protection of children's human rights during civil execution processes."

The Supreme Court stated, "When a bailiff executes a delivery claim on real estate or ships pursuant to Article 258 of the Civil Execution Act, the guidelines specify the matters to be investigated at the execution site and present the basic principles that bailiffs must observe in performing their duties, including respect for human rights."

Article 2 of the guidelines sets three items to be investigated during delivery execution: ▲whether the real estate indicated in the execution title and the object of delivery execution are identical ▲whether the debtor occupies the object of delivery execution ▲and other necessary matters for carrying out the delivery execution.

Furthermore, Article 3 (Respect for Human Rights) mandates that bailiffs respect the human rights of debtors, occupants, and their cohabitants, with special provisions requiring careful consideration for children, the elderly, persons with disabilities, pregnant women, and critically ill patients who are at high risk of human rights violations due to delivery execution.

Specifically, regarding children, Article 4 requires bailiffs to understand the child's age, intellectual capacity, and mental and physical condition, use a kind and gentle tone, ensure that children inside the object of execution do not experience fear or anxiety, and make efforts to secure appropriate protection from parents or guardians.

Article 5 establishes an obligation to sufficiently consider safety and human rights risks and to minimize infringements when executing delivery on real estate where elderly persons, persons with disabilities, pregnant women, or critically ill patients reside.

Additionally, the human rights protection provisions (Article 3) and the protection regulations for children and the elderly (Articles 4 and 5) in these guidelines are to be applied mutatis mutandis to other execution procedures conducted by bailiffs, such as the execution of delivery claims for movable property or the execution of injunctions prohibiting the transfer of real estate possession.

The Supreme Court expressed, "The implementation of these guidelines is expected to serve as an opportunity to renew the image of execution agencies and enhance their credibility," and "It is also anticipated to contribute to mediating conflicts and alleviating clashes at execution sites."

This content was produced with the assistance of AI translation services.