South Korea - Time Bars

Date: 25/01/2017
Source: Hyopsung Shipping Corp.
Nature of ClaimTime BarRelated Article/Act
Time CharterUnless a judicial claim is made within two years from the date when a ship is returned to a shipowner.Commercial Act
Article 846 (Expiration of Claims of Time Charters)

(1) A claim between the parties which has arisen in relation to a time charter contract shall expire unless a judicial claim is made within two years from the date when a ship is returned to a shipowner.
Voyage CharterUnless no judicial claim is made within two years from the date when the shipowner has delivered cargo or from the date set for delivering cargo.Commercial Act
Article 840 (Termination of Claims and Obligations of Shipowners)

(1) Any claim and obligation against a charterer of a shipowner or consignee shall be terminated, whatever the cause of the claim may be, unless no judicial claim is made within two years from the date when the shipowner has delivered cargo or from the date set for delivering cargo.
Cargo ClaimsWithin one year from the delivery date unless no judicial claim has been made, provided, that this period may be extended by an agreement between the parties.Commercial Act
Article 814 (Termination of Claims and Obligations of Carriers)

(1) The claims and obligations of a carrier against a consignor or consignee shall be terminated, whatever the causes for the claims may be, on the date when the carrier has delivered cargo to the consignee or within one year from the delivery date unless no judicial claim has been made: Provided, That this period may be extended by an agreement between the parties.
SalvageWithin two years from the date when the salvage has been completedCommercial Act
Article 895 (Termination of Claims for Salvage Charge)

A claim for salvage charge shall terminate if no judicial claim is made within two years from the date when the salvage has been completed.
Liens on ShipsWithin one year from the date when such claim arisesCommercial Act
Article 786 (Expiration of Liens)

The lien of a ship creditor shall expire if it is not executed within one year from the date when such claim arises.
FinesFive years have passed since the date on which the violation of public order ceased (for short/over loading/ discharging, or failing to comply with regulations or declaration of goods or documentation of an entered ship, smuggling or any infringement of any Customs law)Act on the Regulation of Violations of Public Order
Article 19 (Statutory Period for Imposition of Fines for Negligence)

(1) No administrative agency may impose any fine for negligence against a violation of public order if five years have passed since the date on which the violation of public order ceased (referring to the date on which, if several persons have jointly committed such violation, the final act of violation was done).
Injury/death of stevedores, inspectors, visitorsWithin three years commencing from the date on which the injured party or his/her legal representative becomes aware of such damage and of the identity of the person who caused itCivil Act
Article 766 (Prescription in respect of Right to Claim for Damages)

(1) The right to claim for damages resulting from an unlawful act shall lapse by prescription if not exercised within three years commencing from the date on which the injured party or his/her legal representative becomes aware of such damage and of the identity of the person who caused it.
(2) The provisions of paragraph (1) shall also apply if ten years have elapsed from the time when the unlawful act was committed.
Shore equipment, FFO, port facilities, etc.Within three years commencing from the date on which the injured party or his/her legal representative becomes aware of such damage and of the identity of the person who caused itCivil Act
Article 766 (Prescription in respect of Right to Claim for Damages)

- Same as above -
Collision with other shipsIf no judicial claim is made within two years from the date of such collisionCommercial Act
Article 881 (Termination of Claims for Collision of Ships)

A claim for damages which has arisen due to a collision of ships shall terminate if no judicial claim is made within two years from the date of such collision.
Removal of WreckWithin three years commencing from the date by the wrongdoer Civil Act
Article 766 (Prescription in respect of Right to Claim for Damages)

- Same as above -
Pollution Risks
  1. Within three years commencing from the date on which the injured party or his/her legal representative becomes aware of such damage and of the identity of the person who caused it
  2. Within three years from the date the oil pollution damage occurred, or within six years from the date of the initial incident which caused the oil pollution damage

 

  1. Civil Act
    Article 766 (Prescription in respect of Right to Claim for Damages)

    - Same as above -
  2. Compensation for oil pollution damage guarantee Act
    Article 11 (Extinction of Rights)

    Rights to claim for damages against the owner of an oil tanker under Article 5 (1) or (2) shall be extinguished unless a judicial claim is brought within three years from the date the oil pollution damage occurred, or within six years from the date of the initial incident which caused the oil pollution damage.
General AverageIf no judicial claim is made within one year from the date when the calculation thereof is completed.Commercial Act
Article 875 (Termination of Claims of General Average)

A claim which has arisen out of general average or recourse under Article 870 shall terminate if no judicial claim is made within one year from the date when the calculation thereof is completed.

About the Author

S. K. Choi, engaging in Hyopsung Shipping Corporation, is qualified as an ‘Average Adjuster’ and ‘Marine Surveyor’ licensed by the Korean Government and has handled hundreds of marine insurance claim cases as P & I Correspondents since 1987.


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