Origins
Rome's lex Aquilia (3rd century BCE) made people pay for damaging property, and the 1804 French Civil Code created a general rule that fault-caused harm must be repaired. Korea's 1958 Civil Act, shaped by German law, splits claims into breach of contract (Art. 390) and tort (Art. 750). Law and economics later asked who should bear costs to minimize total harm (Coase, 1960).
Contract vs tort
Contract claims rest on the agreement and breach, carry a ten-year limitation (five for commercial debts), and the debtor must show it was not at fault. Tort claims require intent or negligence, unlawfulness, loss and causation, and lapse three years after the victim learns of the harm and the wrongdoer, or ten years after the act (Art. 766). Recovery covers ordinary loss, and special loss only if foreseeable (Art. 393); comparative fault reduces it (Art. 396); agreed penalties are presumed liquidated damages (Art. 398). Emotional harm is claimed as consolation money (Art. 751).
Strict liability and punitive multiples
Strict liability curbs the amount of risky activity, not just carelessness (Shavell, 1980). Korea generally rejects U.S.-style punitive damages but lets some statutes award multiples, such as up to three times under the Product Liability Act since 2018. Theory says multiples should grow as detection odds fall (Polinsky & Shavell, 1998), while experiments show people's dollar awards are erratic (Sunstein et al., 1998).
How to claim
- Send a certified letter stating the loss and demand, then try negotiation or mediation.
- Small claims up to KRW 30 million have a faster track, and a payment order suits uncontested debts.
- Full suits follow civil procedure; photos, receipts, medical records and chat logs decide cases.
FAQ
- How long do I have to sue?
- For torts, three years from learning of the harm and wrongdoer, and at most ten years from the act.
- Can I recover if I was partly at fault?
- Yes, but the award shrinks by your share of fault.
Sources reviewed: 2026-11-09
References
- 민법 제390조·제393조·제396조·제398조·제750조·제751조·제763조·제766조. Korean Civil Act articles on contract and tort damages, foreseeability, comparative fault and limitation.
- 제조물 책임법 제3조 (2017. 4. 18. 개정, 2018. 4. 19. 시행). Product Liability Act clause allowing up to triple damages for knowing defects.
- 찾기쉬운 생활법령정보. (n.d.). 손해배상청구. Plain-language guide to filing damages claims in Korea.
- Coase, R. H. (1960). The problem of social cost. The Journal of Law and Economics, 3, 1–44. Foundational law-and-economics paper on who should bear harm.
- Shavell, S. (1980). Strict liability versus negligence. The Journal of Legal Studies, 9(1), 1–25. Compares how negligence and strict liability shape care and activity levels.
- Polinsky, A. M., & Shavell, S. (1998). Punitive damages: An economic analysis. Harvard Law Review, 111(4), 869–962. Economic case for scaling punitive damages to the chance of escaping liability.
- Sunstein, C. R., Kahneman, D., & Schkade, D. (1998). Assessing punitive damages (with notes on cognition and valuation in law). The Yale Law Journal, 107(7), 2071–2153. Experiments showing consistent outrage but erratic dollar awards.