South Korea - Time Bars
Last updated December 2018
Nature of Claim Time Bar Related Article/Act
| Time Charter | Unless 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 Charter | 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. | 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 Claims | 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. | 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. |
| Salvage | Within two years from the date when the salvage has been completed | Commercial 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 Ships | Within one year from the date when such claim arises | Commercial 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. |
| Fines | Five 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, visitors | 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 | Civil 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 it | Civil Act Article 766 (Prescription in respect of Right to Claim for Damages) - Same as above - |
| Collision with other ships | If no judicial claim is made within two years from the date of such collision | Commercial 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 Wreck | Within 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 |
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| General Average | If 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. |
| Bareboat Charter | Within two years from the date a ship is returned to a shipowner |
Commercial Act Article 875 (Termination of Claims on Bareboat Charters) (1) A claim which has arisen in relation to a bareboat charter between the parties shall terminate unless a judicial claim is made within two years from the date a ship is returned to a shipowner. In such cases, the proviso to Article 814 (1) shall apply mutual mutandis. (2) The provisions of Article 840 (2) shall apply mutandis in cases falling under paragraph (1) [This Article Wholly Amended by Act No. 8581, Aug. 3, 2007] |
