CIVIL ACT (PART III CLAIMS) [See entire ACT]

CHAPTER V TORTS

Article 750 (Definition of Torts)

Any person who causes losses to or inflicts injuries on another person by an unlawful act, wilfully or negligently, shall be bound to make compensation for damages arising therefrom.

Article 751 (Compensation for Non-Economic Damages)

(1) A person who has injured the person, liberty or fame of another or has inflicted any mental anguish to another person shall be liable to make compensation for damages arising therefrom.
(2) The court may order the guilty party to discharge the compensation mentioned in paragraph (1) by periodical payments, and may order such guilty parties to offer reasonable security in order to insure his performance of such obligations.

Article 752 (Consolation Money in a case where of Violation of Life)

A person who has caused the death of another person shall be liable for damages to the lineal ascendants, lineal descendants and the spouse, even where no economic damages exist as a result thereof.

Article 753 (Minor’s Competency)

In the event that a minor has caused damage to another, if he was not in possession of sufficient intelligence to understand his responsibility for the act, he shall not be liable for damages resulting therefrom.

Article 754 (Competency of Person of Mental Unsoundness)

A person who, while in a state of mental unsoundness, has caused damage to another, shall not be liable for damages resulting therefrom:Provided, That this shall not be the case, if he has brought upon himself his state of mental unsoundness either wilfully or negligently.

Article 755 (Supervisor’s Liability)

(1) If a person who has caused any damage to another is exempt from liabilities under Article 753 or 754, the person who is under a legal duty to supervise such person shall be liable to make compensation for the damage:Provided, That the same shall not apply, if the person so supervising has not been negligent in performing his/her duty of supervision.
(2) A person who supervises a person who has no liability in accordance with Article 753 or 754 on behalf of a person whose duty is to supervise shall also assume the same liability as set forth in paragraph (1).
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 756 (Employer’s Liability for Damages)

(1) A person who employs another to carry out an undertaking shall be bound to make compensation for damages done to a third person by the employee in the course of the execution of the undertaking:Provided, That this shall not be the case, if the employer has exercised due care in the appointment of the employee, and the supervision of the undertaking, or if the damage would have resulted even if due care had been exercised.
(2) A person who supervises the undertaking in place of the employer shall also assume the same liability as set forth in paragraph (1).
(3) In cases of paragraphs (1) and (2), the employer or the supervisor may exercise the right to obtain reimbursement from the employee.

Article 757 (Liability of Person who Ordered Work to be Done)

The person who placed an order for a work to be done shall not be bound to make compensation for any damages caused to a third person by the contractor with respect to such work:Provided, That this shall not be the case, if the former was guilty of gross negligence in placing the order, or in providing instructions therefor.

Article 758 (Liability of Possessor, Owner of Structure, etc.)

(1) If any damages has been caused to another person by reason of any defect in the construction or maintenance of a structure, the person in possession of the structure shall be liable for such damages:Provided, That if the person in possession has exercised due care in order to prevent the occurrence of such damages, compensation for the damage shall be made by the owner.
(2) The provisions of paragraph (1) shall apply mutatis mutandis where there exists any defect in the planting or maintenance of trees.
(3) In cases of paragraphs (1) and (2), the possessor or the owner may exercise the right to obtain reimbursement from the person to whom the damages are attributable.

Article 759 (Liability of Possessor of Animals)

(1) The possessor of an animal shall be liable for any damages caused to another person by the animal:Provided, That this shall not be the case, if the possessor has not neglected nor failed to give proper care according to the species and nature of the animal.
(2) A person who has a custody of an animal in place of the possessor shall assume the responsibility mentioned in paragraph (1).

Article 760 (Liability of Joint Tort-feasors)

(1) If two or more persons have by their joint unlawful acts caused damages to another, they shall be jointly and severally liable to make compensation for such damages.
(2) The provisions of paragraph (1) shall also apply if it is impossible to ascertain which of the participants, albeit not joint, has caused the damages.
(3) Instigators and accessories shall be deemed to act jointly.

Article 761 (Self-Defense and Act of Necessity)

(1) A person who, in order to protect his own interest or that of a third person against an unlawful act of another, unavoidably causes damages to another person shall not be liable for such damages:Provided, That the injured party may claim for damages in respect of the unlawful act.
(2) The provisions of paragraph (1) shall apply mutatis mutandis where a person unavoidably caused damages to another person in order to avert an imminent danger.

Article 762 (Status of Unborn Child in respect of Claims for Damage)

An embryo or fetus shall, in respect of the claim for damages, be deemed to have been already born.

Article 763 (Applicable Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 393, 394, 396 and 399 shall apply mutatis mutandis to torts claims.

Article 764 (Special Rules which Govern in case of Defamation)

The court may, on the application of the injured party, order the person who has impaired another’s fame to take suitable measures to restore the injured party’s fame, either in lieu of, or together with damages.

Article 765 (Application for Reduction in Compensation Amount)

(1) The person liable to make compensation in accordance with the provisions of this Chapter may petition the court for a reduction in the amount of compensation, if the damages were caused neither intentionally nor by gross negligence, and such payments of compensation shall be a severe hardship to his livelihood.
(2) The court may, if the petition mentioned in paragraph (1) has been filed, reduce the amount of compensation after a study of the claimant’s and obligor’s respective financial situations and the cause giving rise to the damages.

Article 766 (Prescription in respect of Right to Claim for Damages)

(1) The right to claim for damages resulting from an unlawful act shall lapse by prescription if not exercised within three years commencing from the date on which the injured party or his agent by law becomes aware of such damage and of the identity of the person who caused it.
(2) The provisions of paragraph (1) shall also apply if ten years have elapsed from the time when the unlawful act was committed.

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

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