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Customs Act — Article 106 (Refund of Customs Duties on Goods Different from Contract Terms)

관세법 제106조

This English translation is based on the Korean text effective 2023-06-05. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Where the goods whose import declaration is accepted are different from the terms of a contract, and the nature or form thereof as at the time of the import declaration remain unchanged, the customs duties thereon shall be refunded if they fall under any of the following: <Amended on Dec. 31, 2022>

1. Goods imported from any foreign country: They are re-exported after having been shipped into (limited to cases where they have been placed within one year from the date on which the imported declaration thereon is accepted) a place prescribed by the Commissioner of the Korea Customs Service as necessary to store exported goods for a certain period among a bonded area (when permission is obtained from the head of a customs office pursuant to Article 156 (1), the permitted place shall be included; hereafter the same shall apply in this Article) or a free trade zone under the Act on Designation and Management of Free Trade Zones;

2. Goods produced in a bonded factory: They are shipped into the bonded factory within one year from the date on which the imported declaration thereon is accepted..

(2) Where the head of a customs office recognizes no problem in calculating a refund amount of customs duties assessed on the imported goods provided in paragraph (1) and grants approval for such amount of the duty refund, such amount may be refunded in accordance with paragraph (1) even when some of such goods has been exported.

(3) Where the disposal of the imported goods provided in paragraphs (1) and (2) is deemed inevitable instead of exporting them and such imported goods are shipped into a bonded area within one year from the date on which the import declaration thereon was accepted and then disposed of upon prior approval by the head of a customs office, customs duties thereon shall be refunded.

(4) Where goods on which an import declaration has been accepted are destroyed or lost, deteriorated or damaged by a disaster, or their value diminished, while such goods were stored in a designated bonded area after such import declaration was accepted, all or some of the customs duties thereon maybe refunded, as prescribed by Presidential Decree.

(5) In applying paragraphs (1) through (4), where customs duties on the relevant goods are not collected because the deadline for payment of customs duties on the relevant imported goods has not expired, the collection thereof is deferred or a period for payment in installments has not expired, the head of a customs office may revoke the assessment of the relevant customs duties. <Amended on Jan. 1, 2013>

(6) Articles 46 and 47 shall apply mutatis mutandis to the refund of any customs duties provided in paragraphs (1) through (4).[This Article Wholly Amended on Dec. 30, 2010]

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