Petitions, redress & dispute mediation

How to Apply for Lease Fraud Victim Determination — 4 Requirements, Documents and a 30-Day Objection

A tenant harmed by lease fraud can apply to the Minister of Land, Infrastructure and Transport for a lease fraud victim determination, and the application is submitted to the mayor or governor of the city or province. The Minister investigates the damage within 30 days from the application date and decides after deliberation by the Lease Fraud Victim Support Committee. If you object to the decision, you may file an objection within 30 days from the date the decision is served.

Procedure

  1. 1. Check the 4 requirements

    Check whether you have taken delivery of the house, completed move-in registration and obtained a fixed date (including lease registration or a jeonse right), whether the deposit is 500,000,000 won or less, whether damage has occurred or is expected for 2 or more tenants due to the landlord's bankruptcy or rehabilitation or the start of an auction or public sale, and whether there is reason to suspect the landlord intended not to return the deposit, such as the start of an investigation or deception. For a tenant whose auction or public sale is completed, the move-in and fixed-date requirement and the multiple-victim requirement are not applied.

  2. 2. Check whether you are excluded

    You are excluded if the full deposit can be returned through guarantee insurance or the like, if the full deposit is subject to top-priority repayment, or if the full deposit can be recovered through the right to set up against third parties or the preferential repayment right. The Committee may raise the deposit limit by up to 200,000,000 won.

  3. 3. Submit the determination application

    Submit the lease fraud victim determination application to the mayor or governor of the city or province with a copy of the lease contract, documents on the start of an auction or public sale, documents on an enforceable title such as a certified copy of a judgment or a payment order, and other documents proving the requirements. The resident registration abstract is checked through shared administrative information, and if it is difficult to apply in person you may appoint an agent and submit a letter of authorization. If the application has defects, you will be asked to supplement it within 14 days.

  4. 4. Investigation, deliberation and decision

    The Minister investigates the rights over the leased house and the landlord's debts within 30 days from the application date. The Committee deliberates and decides within 30 days from the date the matter is put on the agenda, and may extend this once by up to 15 days if unavoidable. The original decision is served on the applicant.

  5. 5. Objection within 30 days

    If you object to the decision, submit an objection to the Minister of Land, Infrastructure and Transport within 30 days from the date it was served. The Minister decides within 20 days from receiving the objection after re-deliberation by the Committee.

Required documents

  • Lease fraud victim determination application
  • Copy of the lease contract
  • Documents on the start of an auction or public sale (notice of demand, public sale notice, etc.)
  • Documents confirming an enforceable title such as a certified copy of a judgment or a payment order (if applicable)
  • Materials showing landlord-related requirements such as the start of an investigation
  • Consent form for collection and use of personal information
  • Letter of authorization (when an agent is appointed)

Fees

Typically several tens of thousands to several hundred thousand won in the industry · We will advise after consultation depending on the scope of the requirement review, the volume of evidence and whether an objection is filed. There is no government fee for the determination application itself.

Legal basis and review date

  • Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 3
  • Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 12
  • Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 13
  • Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 14
  • Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 15
  • Enforcement Rule of the Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 3
  • Enforcement Rule of the Special Act on Assistance to Victims of Lease Fraud and Housing Stability, Article 6

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

  • Even after being determined a victim, support such as postponement or suspension of an auction and the priority purchase right must each be applied for separately.
  • The 30-day objection period is counted from the date the decision is served, so keep a record of the date of receipt.

Frequently asked questions

Can I not apply if the deposit exceeds 500,000,000 won?
In principle, the requirement is 500,000,000 won or less. However, the Lease Fraud Victim Support Committee may raise the limit by up to 200,000,000 won considering conditions by city or province and the victims' circumstances.
Can I apply even though the auction has already ended?
Yes. For a tenant whose auction or public sale is completed, the move-in and fixed-date requirement and the multiple-victim requirement are not applied, and only the deposit requirement and the landlord-related requirement are examined.
Am I excluded if I have jeonse deposit guarantee insurance?
You are excluded if you can get the full deposit back. This applies when the full deposit can be returned through a guarantee taken out by the tenant or the landlord.
How long does it take to reach a decision?
The investigation is completed within 30 days from the application date, and the Committee deliberation within 30 days from the date it is put on the agenda. If unavoidable, the deliberation period may be extended once by up to 15 days.
What can I do if I am not recognized as a victim?
You can file an objection with the Minister of Land, Infrastructure and Transport within 30 days from the date the decision is served. A new decision is made within 20 days from receiving the objection after re-deliberation by the Committee.
Does an administrative agent handle the lease fraud victim determination application?
Yes. Hwang Yunsang Administrative Office reviews the evidence for each requirement, prepares the determination application and organizes the attachments, handles submission to the city or province on the client's behalf, and prepares the objection.

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.