Maritime Law in South Korea

Introduction

South Korean maritime law is codified in Part V (Maritime Commerce) of the Commercial Act (상법) , which governs ships, shipowners, carriage of goods by sea, maritime liens, and marine insurance. South Korea is one of the world’s largest shipbuilding nations and a major maritime trading state, home to the world’s largest shipping company (HMM) and major ports in Busan, Incheon, and Gwangyang. The legal framework combines civil law codification with international maritime conventions.

Commercial Act — Maritime Provisions

Part V of the Commercial Act (Articles 740–931) was comprehensively revised in 2007 to modernize Korean maritime law. Key provisions include:

Ships and Registration (Articles 740–769)

• Ship definition: The Act defines a ship as a vessel used for maritime commerce with a gross tonnage of 20 tons or more (Articles 740–741)
• Registration: Ships must be registered at the Korean Ship Registry (KSR). Registration is required for ownership, mortgage, and nationality
• Ship nationality: Korean-flagged vessels must be majority-owned by Korean nationals or companies

Shipowner Liability (Articles 770–810)

• Limitation of liability: Shipowners may limit liability based on vessel tonnage, following the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) as amended
• Joint liability: Multiple shipowners involved in collision are jointly and severally liable

Carriage of Goods (Articles 788–820)

The Act adopts the Hague-Visby Rules for carriage of goods under bills of lading, including:

• Carrier’s duty to provide a seaworthy vessel
• Carrier’s liability for cargo damage or loss
• Package limitation of liability (approximately KRW 1 million per package or unit)
• One-year time bar for claims

Admiralty Jurisdiction

Maritime disputes fall under the jurisdiction of District Courts (civil divisions). Korea recognizes maritime liens for claims including:

• Crew wages
• Port and canal dues
• Claims arising from personal injury or property damage
• Salvage and general average

Ship arrest is available under the Civil Procedure Code (provisional seizure procedure). Korea is not a party to the 1952 Arrest Convention but applies similar principles through domestic law.

Korea Shipping Association (KSA)

The Korea Shipping Association (한국해운조합) is a public organization that supports the shipping industry through:

• Joint shipping services
• Maritime dispute mediation
• Maritime safety promotion
• Industry representation

Marine Insurance

Marine insurance is governed by Part V of the Commercial Act and the Marine Insurance Act (1990). The law covers hull insurance, cargo insurance, freight insurance, and protection and indemnity (P&I) insurance.

International Conventions

South Korea is party to major maritime conventions including:

• UNCLOS (1982)
• SOLAS (1974)
• MARPOL (1973/1978)
• STCW (1978)
• LLMC (1976)
• Hague-Visby Rules

Conclusion

South Korean maritime law provides a comprehensive framework supporting the country’s position as a leading maritime nation. The 2007 revision of the Commercial Act modernized the law, while Korea’s active participation in international maritime conventions ensures alignment with global standards.