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Commercial Act — Article 804 (Notice on Partial Loss of or Damage to Cargo)

상법 제804조

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) When a consignee has found the partial loss of or damage to cargo, he/she shall give written notice on a summary thereof to a carrier immediately after the receipt thereof: Provided, That if such partial loss or damage is not readily discoverable, he/she shall give such notice within three days from the date of receipt.

(2) If there is no such notice issued under paragraph (1), it is presumed that the cargo has been delivered to a consignee without loss or damage.

(3) If a carrier or his/her employees have acted in bad faith, the provisions of paragraphs (1) and (2) shall not apply.

(4) If the cargo has been lost or damaged or if there is such doubt, the carrier and the consignee shall provide necessary convenience with each other for the inspection of the cargo.

(5) No special agreement between the parties disadvantageous to the consignee contrary to the provisions of paragraphs (1) through (4) shall be valid.[This Article Wholly Amended by Act No. 8581, Aug, 3, 2007]

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