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Commercial Act — Article 796 (Grounds for Exclusion of Carriers’ Liability)

상법 제796조

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.

If a carrier has proved that any of the facts described in the following subparagraphs has existed and that the damage in relation to cargo may usually arise due to such fact, he/she shall be exonerated from liability for compensation therefor: Provided, That the same shall not apply if it is proved that he/she has not exercised due care notwithstanding the fact that he/she could have prevented such damage if he/she had exercised due care under Articles 794 and 795 (1):

1. Perils or accidents on the sea or on other navigable waters;

2. Force majeure;

3. A war, riot, or civil war;

4. Piracy and other similar acts;

5. Judicial seizure, quarantine restrictions and other restrictions by public authorities;

6. Acts of the consignor or the owner of the cargo or his/her employee;

7. Strike or other acts of dispute or lockout of a ship;

8. Acts of salvage of life or property at sea or a deviation by this reason or a deviation by other good cause;

9. Insufficient packing of the cargo or incomplete markings;

10. Particular nature or latent defect of the cargo;

11. Latent defect of a ship.[This Article Wholly Amended by Act No. 8581, Aug. 3, 2007]

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