Korean Law in English
Laws › Commercial Act › SECTION 4 Limits on Liability of Shipowners, etc.

Commercial Act — Article 770 (Limits on Liability)

상법 제770조

This English translation is based on the Korean text effective 2018-12-19. The Korean law has since been amended (current version effective 2026-09-10) — check the Korean original.

(1) The following amounts of money shall be placed as limits on the liability a shipowner:

1. A limit on the liability with respect to a claim for the loss incurred due to a death of a passenger or a bodily injury shall be the amount obtained by multiplying the passenger capacity entered in a ship inspection certificate of the ship by 175 thousand units of account (referring to an amount equivalent to one special drawing right of the International Monetary Fund; hereinafter the same shall apply);

2. A limit on the liability with respect to a claim for the loss incurred due to a death or a bodily injury of a person, other than a passenger, shall be the amount of money calculated as follows, according to the tonnage of a ship: Provided, That in cases of a ship of less than 300 tons, limit on the liability shall be the amount of money equivalent to 167 thousand units of account:(a) The amount equivalent to 333 thousand units of account in cases of a ship not exceeding 500 tons;(b) In cases of a ship exceeding 500 tons, the amount of money added to the amount of money obtained by multiplying the following units of account in order by that of item (a): For a ship exceeding 500 tons and up to 3,000 tons, 500 units of account per ton, for a ship exceeding 3,000 tons and up to 30,000 tons, 333 units of account per ton, for a ship exceeding 30,000 tons and up to 70,000 tons, 250 units of account per ton, and for a ship exceeding 70,000 tons, 167 units of account per ton;

3. A limit on the liability with respect to a claim, other than subparagraphs 1 and 2, shall be the amount of money calculated as follows, according to the tonnage of the ship at issue: Provided, That limits on the liability shall be the amount of money equivalent to 83,000 units of account in cases of a ship of less than 300 tons:(a) The amount of money equivalent to 167 thousand units of account in cases of a ship not exceeding 500 tons;(b) In cases of a ship exceeding 500 tons, the amount of money added to the amount of money obtained by multiplying the following units of account in order by that of item (a): For a ship exceeding 500 tons and up to 30,000 tons, 167 units of account per ton, for a ship exceeding 30,000 tons and up to 70,000 tons, 125 units of account per ton, and for a ship exceeding 70,000 tons, 83 units of account per ton.

(2) Each limit on the liability specified in each subparagraph of paragraph (1) shall extend to all the claims against a shipowner dealing with each limit on the liability arising from the same accident of each ship.

(3) A claim for which the liability is limited as referred to in Article 769 shall compete at a rate of the amount of each claim with respect to each limit on the liability under the subparagraphs of paragraph (1).

(4) If a limit on the liability specified in paragraph (1) 2 is insufficient to repay the claims set forth in the same subparagraph, the limit on the liability specified in subparagraph 3 shall be appropriated for repayment of the unpaid balance of the claims. In such cases, when a claim under subparagraph 3 has arisen from the same accident, such claim and the balance claims of subparagraph 2 shall compete at a rate of each claim amount with respect to the limit on the liability specified in subparagraph 3.[This Article Wholly Amended by Act No. 8581, Aug. 3, 2007]

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