Preventing a dispute
Preventing a dispute
- Be sure to fill out a seal agreement with the moving company and keep one copy of each.
- Check whether the moving company has a performance guarantee or guarantee insurance.
- Be sure to keep your valuables before you move in.
- Before moving, check for damage or damaged items and designate items that may cause such concerns.
- If a problem occurs during work, check with the person in charge of the site immediately and take action.
- In the case of storing and moving, fill out a separate moving cargo storage contract.
Checking the criteria for damage claims if the moving company unjustly cancels the contract
Criteria for damage claims if the moving company unjustly cancels the contract
- In cases where the moving company is responsible for the cancelation of the transport contract after signing it, the client, unless otherwise agreed, may claim for damages against the company according to the following criteria (subparagraph 42 of Attached Table 2 of the Regulations on Consumer Dispute Resolution).
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Case
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Resolutions
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Where the moving companynotifies the client of its cancelation of the contract two days before theagreed moving date
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Deposit + Double the deposit
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Where the moving companynotifies the client of its cancelation of the contract one day before theagreed moving date
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Deposit + Four times the deposit
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Where the moving companynotifies the client of its cancelation of the contract on the agreed movingdate
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Deposit + Six times the deposit
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Where the moving company failsto notify the client of its cancelation even on the agreed moving date
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Deposit + Ten times the deposit or the actual costs of damage
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- In cases where the client is responsible for the cancelation of the transport contract after the signing thereof, unless otherwise agreed, he/she shall pay for the damages according to the following criteria (subparagraph 42 of Attached Table 2 of the Regulations on Consumer Dispute Resolution).
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Case
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Resolutions
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Where the client notifies the moving company of its cancelation before the agreed moving date
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Deposit
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Where the client notifies the moving company of its cancelation on the agreed moving date
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Deposit + Deposit
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Criteria for a claim for damages in case of other damages
Criteria of a claim for damages in case of other damages
- In cases where the moving company is responsible for the damages incurred to the client after signing the transport contract, unless otherwise agreed, the client may claim for damages against the company according to the following criteria (subparagraph 42 of Attached Table 2 of the Regulations on Consumer Dispute Resolution).
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Case
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Resolutions
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Where it is lost, destroyed,and damaged
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The moving company shalldirectly compensate the customer. However, if the damaged goods are insured,the insured amount shall be deducted from the compensation amount.
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Where taking over the movinggoods is delayed two hours or more from the agreed time
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Contract cancelation +Returnof deposit + Compensation of double the deposit
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Where the moving company claimsunlawful service fees or request of service costs apart from additionalservices provided upon the client’s request
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Correction and return of unlawfulcharges
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- In cases where the client is responsible for the damages incurred to the moving company after the signing of the transport contract, unless otherwise agreed, the client shall also pay for the damages according to the following criteria (subparagraph 42 of Attached Table 2 of the Regulations on Consumer Dispute Resolution).
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Case
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Criteria
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Where taking over the movinggoods is delayed less than two hours from the agreed time
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The amount is calculated by multiplying the deposit per eachhour of delay from the stipulated time (number of hours of delay × deposit × 1/2)
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Where taking over the movinggoods is delayed two hours or more from the agreed time
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Contract cancelation +Compensation of double the deposit
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Settling a dispute
Methods of settling a dispute
- Through consumer organizations
- Through the Korea Consumer Agency
- Through a court
· Judgment of small claims: To quickly resolve civil cases for which the disputed amount is small, this type of court procedure involves summary procedures and handles cases in which the amount of money claimed does not exceed KRW 30 million or the equivalent substitute or a certain quantity of securities (Article 1-2 of the Trial of Small Claims Rules).
· Order of payment (demanding procedure): This type of court procedure orders a debtor to make a certain payment without any argument proceeding if the claim of the creditor is deemed to be reasonable. The court opens such proceedings at the request of the debtor who has filed a claim for a certain amount of money or the equivalent substitute or a certain quantity of securities (Article 462 of the Civil Procedure Act).
· Civil conciliation: A judge or the conciliation committee of a court mediates the agreement of the related parties after hearing the arguments of both parties and examining the relevant matters. This system aims to resolve disputes over civil affairs (Article 1 of the Judicial Conciliation of Civil Disputes Act).
· Civil suit: In cases where damages cannot be relieved by any of the foregoing methods, either party may bring a civil suit as a final resort.