Petitions, redress & dispute mediation

Gym, PT and Pilates Refund Refused — Korea Consumer Agency Damage Relief and Refund Calculation Rules

When a gym, PT or Pilates membership is cancelled midway, the refund is calculated under Appended Table 3-2 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act if the business is a sports facility business such as a fitness center, or under the Act on Door-to-Door Sales, etc. and the Fair Trade Commission notice if it is a continuous transaction lasting one month or longer. If you cancel for your own reasons, you get back the fee minus the amount for the period or sessions used and a penalty of one-tenth of the fee; if the business cannot continue because of closure or suspension, you receive the remaining amount plus the penalty. If the business refuses a refund, leave your intention to cancel in writing through a refund request or certified mail, and apply for damage relief to the Korea Consumer Agency. If no agreement is reached within 30 days from the application, the Agency refers the case to the Consumer Dispute Mediation Commission, and a concluded mediation has the same effect as a judicial settlement.

Procedure

  1. 1. Check the contract type and the applicable rules

    A fitness center (gym) is a sports facility business, so if there is no refund agreement with the business, the refund criteria in Appended Table 3-2 of the Enforcement Decree apply. Yoga and Pilates are not sports facility businesses, so if the contract runs for one month or longer and contains a refund restriction or penalty clause for early termination, it is treated as a continuous transaction under the Act on Door-to-Door Sales, etc., and you claim termination and a refund on that basis. Also check in the contract whether it is period-based or session-based and when the start date of use is.

  2. 2. Prepare a refund calculation sheet

    If you cancel for your own reasons before the start date of use, the refund is the fee minus the penalty (one-tenth of the fee); after the start date, it is the fee minus the amount for the period or sessions used and the penalty. The fee includes the down payment, admission fee, joining fee and ancillary facility fees, while a deposit is returned separately. If the business deducted the used portion at the regular price, compare it with the unit amount the consumer actually paid and set out the difference in a table.

  3. 3. Send a refund request or certified mail

    The Fair Trade Commission notice deducts the portion used up to the time your notice of termination reaches the business, and treats unused time as used once the period has passed. So send your notice of termination early in a dated written form such as certified mail, together with the calculation sheet and a refund deadline. If you paid an installment price of 200,000 won or more by credit card in 3 or more installments over 2 months or longer, also notify the card company in writing that you refuse to pay the remaining installments (right of defense).

  4. 4. Apply to the Korea Consumer Agency for damage relief

    If the business does not refund or does not respond, apply to the Korea Consumer Agency for damage relief in writing (including online). The application states the contract details, the termination date, the amount claimed and the basis of calculation, with the contract, payment records, usage records and a copy of the certified mail attached. The Agency investigates the facts and recommends that both parties agree on compensation.

  5. 5. Review the dispute mediation result

    If no agreement is reached within 30 days from the application, the President of the Agency applies to the Consumer Dispute Mediation Commission, which in principle completes the mediation within 30 days. If you do not state whether you accept within 15 days from receiving notice of the mediation, you are deemed to have accepted, and a concluded mediation has the same effect as a judicial settlement. Review whether to accept as soon as you receive the notice.

Required documents

  • Damage relief application (no statutory form; filed in writing under Article 43 of the Enforcement Decree of the Framework Act on Consumers, using the Korea Consumer Agency application form or online application)
  • Membership contract, terms of use and refund policy notice
  • Payment records (card sales slip, installment details, bank transfer records)
  • Usage records (attendance records, PT session confirmation sheets, booking app screens)
  • Copies of the refund request and certified mail, and the business's replies (text and messenger screens)
  • Refund calculation sheet (fee, used portion and penalty shown separately)
  • Copy of the notice to the card company refusing installment payments (right of defense) (for credit card installments of 200,000 won or more)
  • Letter of authorization (when submission is delegated)

Fees

Industry range of tens of thousands to hundreds of thousands of won · We will advise after consultation depending on whether only a refund request and certified mail are needed or also the Korea Consumer Agency damage relief application and documents for the dispute mediation stage, and on the number of contracts and the payment method. Government fees are separate.

Legal basis and review date

  • Framework Act on Consumers, Article 55
  • Framework Act on Consumers, Article 57
  • Framework Act on Consumers, Article 58
  • Framework Act on Consumers, Article 59
  • Framework Act on Consumers, Article 66
  • Framework Act on Consumers, Article 67
  • Enforcement Decree of the Framework Act on Consumers, Article 43
  • Enforcement Decree of the Framework Act on Consumers, Article 44
  • Installation and Utilization of Sports Facilities Act, Article 22
  • Enforcement Decree of the Installation and Utilization of Sports Facilities Act, Article 21-3
  • Enforcement Decree of the Installation and Utilization of Sports Facilities Act, Appended Table 3-2
  • Act on Door-to-Door Sales, etc., Article 2
  • Act on Door-to-Door Sales, etc., Article 31
  • Act on Door-to-Door Sales, etc., Article 32
  • Act on Door-to-Door Sales, etc., Article 52
  • Enforcement Decree of the Act on Door-to-Door Sales, etc., Article 40
  • Installment Transactions Act, Article 2
  • Installment Transactions Act, Article 16
  • Enforcement Decree of the Installment Transactions Act, Article 11
  • Consumer Dispute Settlement Criteria (Fair Trade Commission Notice), Appended Table II, Sports Facility Business
  • Criteria for Calculating Penalties and Refunds upon Termination or Cancellation of Continuous Transactions (Fair Trade Commission Notice), Articles 3, 4 and 5

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • The refund is calculated by deducting the portion used up to the time your intention to cancel reaches the business, so delaying termination while not attending increases the deduction. Send your notice of termination first in a dated written form.
  • If you do not state whether you accept within 15 days from receiving the mediation result, you are deemed to have accepted and it takes effect as a judicial settlement, so check the deadline as soon as you receive the notice.

Frequently asked questions

What is the penalty if I cancel gym PT midway?
In principle, one-tenth of the fee. Appended Table 3-2 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act sets the penalty at one-tenth of the fee when the consumer cancels for their own reasons, and the Fair Trade Commission notice also caps the penalty for health and fitness and for yoga and Pilates at 10% of the total contract price. After the start date of use, the amount for the period or sessions used is also deducted.
If the contract says 'no refunds', can I still get a refund?
Yes. For a continuous transaction lasting one month or longer, the consumer may terminate at any time during the contract period under Article 31 of the Act on Door-to-Door Sales, etc., and the business may not unreasonably refuse to refund payments exceeding the price of what was actually provided (Article 32). Under Article 52, an agreement that violates these provisions and is unfavorable to the consumer has no effect.
How do I get back the remaining membership if the gym closes?
If the business can no longer operate for its own reasons, you can get back the remaining amount plus the penalty. Appended Table 3-2 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act provides that on closure or suspension after the start date of use, the fee minus the used portion is returned with the penalty added, and if it is not returned within 3 business days from the date the reason arose, delay interest of 15% per year is added. If you paid by credit card installments, notify the card company in writing that you refuse to pay the remaining installments.
How long does Korea Consumer Agency damage relief take?
The basic processing period is 30 days from the application. If no agreement is reached in that time, the case goes to the Consumer Dispute Mediation Commission, which in principle completes mediation within another 30 days, and for cases that need testing, inspection or investigation the processing period may be extended by up to 60 days. If a lawsuit is filed in court during the procedure, the damage relief procedure is suspended.
Does an administrative agent handle gym refund damage relief applications?
Yes. Hwang Yunsang Administrative Office reviews the contract and payment and usage records, prepares the refund calculation sheet, drafts the refund request and certified mail, drafts the installment defense notice to the card company, and prepares and submits the Korea Consumer Agency damage relief application on your behalf.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.