Korean Law in English
Laws › Commercial Act › SECTION 1 Affreightment in General Ships

Commercial Act — Article 798 (Application to Non-Contractual Claims)

상법 제798조

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 provisions concerning the liability of carriers in this Section shall also apply to liability to compensate for damage incurred due to unlawful acts of carriers.

(2) Where a claim for compensation for damage in relation to cargo has been made to an employee or an agent of a carrier, when such damage has arisen with respect to the performance of duties of such employee or agent, such employee or agent may avail him/herself of the defences and limitation on liability which the carrier may claim: Provided, That the same shall not apply in cases where the damage to the cargo was incurred due to such employee or agent's willful misconduct or other reckless act or omission while recognizing the concern about the occurrence of the loss of, damage to or late arrival of the cargo.

(3) In cases falling under the main body of paragraph (2), the total amount of the limits on liability for the cargo of a carrier, his/her employees or agents shall not exceed the limit specified in Article 797 (1).

(4) The provisions of paragraphs (1) through (3) shall also apply in cases where a claim for damage in relation to cargo has been made against the actual carrier, other than a carrier or his/her employees or agents.[This Article Wholly Amended by Act No. 8581, Aug. 3, 2007]

‹ Article 797All articlesArticle 799 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law