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Commercial Act — Article 916 (Notification on Partial Loss of or Damage to, etc. Checked Cargo)

상법 제916조

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 finds the partial loss of or damage to cargo, he/she shall give a notice to a carrier, without delay after he/she takes the delivery of the cargo, in writing or by an electronic document summarizing the relevant facts: Provided, That where the loss or damage is not immediately identifiable, he/she shall give such notice within 14 days from the date of taking delivery of the cargo.

(2) In cases of delayed arrival of cargo, a consignee shall raise an objection within 21 days from the date when he/she can dispose of the cargo.

(3) If notification under paragraph (1) is not made, it shall be presumed that the cargo has been delivered to a consignee without loss or damage.

(4) If any cargo has been partially lost or damaged or if there is such doubt, a carrier and a consignee shall provide convenience necessary to inspect such cargo.

(5) If any notification or objection is not made within the period prescribed in paragraphs (1) and (2), no consignee shall file a lawsuit against a carrier: Provided, That this shall not apply where the carrier, its employees or agents have acted in bad faith.

(6) No special agreement between parties adversely affecting a consignee in violation of paragraphs (1) through (5) shall be valid.[This Article Newly Inserted by Act No. 10696, May 23, 2011]

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