CIVIL ACT (PART I GENERAL PROVISIONS) [See entire ACT]

CHAPTER VII EXTINCTIVE PRESCRIPTION

Article 162 (Extinctive Prescription of Claims or Property Right)

(1) The extinctive prescription of a claim shall become complete if not exercised for a period of ten years.
(2) The extinctive prescription of property rights, other than a claim and ownership, shall become complete if not exercised for a period of twenty years.

Article 163 (Short Extinctive Prescription for Three Years)

The extinctive prescription of claims defined in the following subpara graphs shall become complete if not exercised for a period of three years:
1. Interest, support fees, salaries, rent, and other claims purporting for the delivery of money or other things within a time limit of one year;
2. Claims of medical practitioners, midwives, nurses, and pharmacists, for medical treatment, professional services, and dispensation of medicines;
3. Claims of contractors, engineers, and persons engaging in planning or supervising works, for the execution of their works;
4. Claims against attorneys-at-law, patent agents, notaries public, certified public accountants, and certified judicial scriveners, for the return of documents kept in connection with their services;
5. Claims of attorneys-at-law, patent agents, notaries public, certified public accountants, and certified judicial scriveners, for their services;
6. Items received in exchange for products and merchandise sold by producers and merchants;and
7. Claims of artisans and manufacturers for their works.

Article 164 (Short Extinctive Prescription for One Year)

The extinctive prescription of claims mentioned below shall become complete if not exercised for a period of one year:
1. The right to claim fees of hotels, restaurants, assembly rooms for hire, places of lodging and entertainment, refreshment, hire of rooms, admission fees, and the price of articles of consumption, as well as for substituted donation for another person;
2. Claims of rent for the hire of clothing, bedding, funeral necessaries, and other movables;
3. Claims of wages of manual workers and public performers and the price of Articles supplied to them;and
4. Claims of school proprietors, keepers of boarding schools, and teachers, for the education, clothing, food, and lodging of pupils, and apprentices.

Article 165 (Extinctive Prescription of Claims Established by Judgment, etc.)

(1) The period of extinctive prescription of claims established by a judgment shall be ten years, even in a case where the period for the original claim is shorter under the Act.
(2) The preceding paragraph shall also apply to claims established by bankruptcy proceedings, compromise in court, judicial conciliation or any other process having the same effect as a judgment.
(3) The provisions of the preceding two paragraphs shall not apply to claims which were not yet due at the time when the judgment became final.

Article 166 (Starting Point of Computing Extinctive Prescription)

(1) Extinctive prescription shall run from the time it becomes possible to exercise a certain right.
(2) The extinctive prescription of a claim, purporting to forbear, shall run from the time of its violation.

Article 167 (Retroactive Effect of Extinctive Prescription)

The effect of extinctive prescription shall be retroactive to the day on which it began to run.

Article 168 (Causes Interrupting Extinctive Prescription)

Extinctive prescription shall be interrupted in any of the following cases:
1. Demand;
2. Attachment, provisional attachment or provisional disposition;and
3. Acknowledgment.

Article 169 (Effect of Interruption of Prescription)

The interruption of prescription shall be effective only between the parties themselves and their successors in title.

Article 170 (Demand by Judicial Proceedings and Interruption of Prescription)

(1) A demand by way of judicial proceedings shall have no effect of interrupting prescription, if the judicial action is dismissed, rejected or withdrawn.
(2) In the case of the preceding paragraph, if a demand by way of judicial proceedings, intervention in bankruptcy proceedings, attachment or provisional attachment, or provisional disposition is made within six months, the prescription shall be deemed to have been interrupted by the demand by way of the first judicial proceedings.

Article 171 (Intervention in Bankruptcy Proceedings and Interruption of Prescription)

Intervention in bankruptcy proceedings shall have no effect of interrupting prescription if those proceedings are cancelled by a creditor or if his demand for intervention is dismissed.

Article 172 (Order for Payment and Interruption of Prescription)

An order for payment shall have no effect of interrupting prescription if it lapses for the claimant’s failure to apply for provisional execution within the period of time prescribed by law.

Article 173 (Summons for Compromise, Voluntary Appearance, and Interruption of Prescription)

A summons for compromise shall have no effect of interrupting prescription, unless an action is brought within one month and the other party does not appear or a compromise is not arrived at. The same shall apply in the case of a voluntary appearance where a compromise is not arrived at.

Article 174 (Peremptory Notice and Interruption of Prescription)

A peremptory notice shall have no effect of interrupting prescription unless a demand by judicial proceedings, intervention in bankruptcy proceedings, a summons for compromise or a voluntary appearance for the same purpose, an attachment, a provisional attachment or a provisional disposition is taken within six months.

Article 175 (Attachment, Provisional Attachment, Provisional Disposition and Interruption of Prescription)

An attachment, a provisional attachment, or a provisional disposition, shall have no effect of interrupting prescription if annulled on the application of the claimant or by reason of non-compliance with any provisions of Acts.

Article 176 (Attachment, Provisional Attachment, Provisional Disposition and Interruption of Prescription)

An attachment, a provisional attachment, or a provisional disposition, if not effected against the person in whose favour prescription is running, shall not have the effect of interrupting prescription until such person has been notified thereof.

Article 177 (Acknowledgment and Interruption of Prescription)

In order to make an acknowledgement, having the effect of interrupting prescription, no capacity or authority for disposition in respect of the rights of the other party is required.

Article 178 (Running of Prescription after Interruption)

(1) In a case where a prescription is interrupted, the period of prescription passed until the interruption shall not be computed, and the prescription which was interrupted begins to run anew from the time when the cause of such interruption has ceased to exist.
(2) Prescription which was interrupted by a demand by judicial proceedings begins to run anew from the time when the judgment thereon becomes finally binding in accordance with the provisions of the preceding paragraph.

Article 179 (Person with Limited Capacity and Suspension of Prescription)

If a person with limited capacity has been without a legal representative within six months prior to the maturity of the period of extinctive prescription, the prescription shall not become complete against him/her for a period of six months from the time he/she becomes a person of full capacity or when a legal representative assumes office.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 180 (Right of Person with Limited Capacity against Administrator of Property, Right between Husband and Wife, and Suspension of Prescription)

(1) In respect of the rights which a person with limited capacity has against his/her father, mother, or his/her guardian who manages his/her property, extinctive prescription shall not become complete for
a period of six months from the time he/she becomes a person of full capacity or when a succeeding legal representative assumes office.
(2) In respect of the rights which one spouse has against the other, extinctive prescription shall not become complete for a period of six months from the time of the dissolution of the marital relationship.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 181 (Rights on Estate of Inheritance and Interruption of Prescription)

In respect of the rights on or against estate of inheritance, extinctive prescription shall not become complete for a period of six months from the time of identification of a successor, appointment of administrator or adjudication of bankruptcy.

Article 182 (Natural Calamity or Any Other Accidents and Interruption of Prescription)

In a case where it is impossible to interrupt extinctive prescription because of a natural calamity or any other accidents, prescription shall not become complete for a period of one month from the time when such obstacle ceases to exist.

Article 183 (Effect of Extinctive Prescription to Accessory Rights)

When the extinctive prescription of a principal right has become complete, it shall affect its accessory right.

Article 184 (Waiving of Benefit of Prescription, etc.)

(1) The benefit of extinctive prescription may not be waived in advance.
(2) Although extinctive prescription shall, by a juristic act, not be excluded, extended or aggravated, it may be shortened or lessened.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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