What is extinctive prescription?
Extinctive prescription is the civil-law counterpart of a statute of limitations: if the holder of a right does not exercise it for a set period after it becomes exercisable, the right lapses. Civil-law systems such as Korea, Japan and China justify it on three grounds: evidence fades over time, people come to rely on long-settled situations, and those who "sleep on their rights" deserve less protection.
- Korean basis
- Civil Act, Article 162 et seq.
- General civil claims
- 10 years
- Tort damages
- 3 years from knowledge, 10 years from the act (Art. 766)
- Interruption
- Demand, seizure or provisional attachment, acknowledgment (Art. 168)
Limitation periods in Korea
| Type of claim | Period | Basis |
|---|---|---|
| General civil claims (e.g., personal loans) | 10 years | Civil Act Art. 162(1) |
| Property rights other than claims and ownership | 20 years | Civil Act Art. 162(2) |
| Claims arising from commercial activity | 5 years | Commercial Act Art. 64 |
| Interest, medical fees, construction payments, etc. | 3 years | Civil Act Art. 163 |
| Lodging, food and drink, tuition at private academies, etc. | 1 year | Civil Act Art. 164 |
| Tort damages | 3 years from knowledge / 10 years from the act | Civil Act Art. 766 |
Ownership itself is not subject to extinctive prescription. A claim confirmed by a final judgment gets a 10-year period even if the original period was shorter (Art. 165).
Tort claims and child sexual abuse
A claim for damages from an unlawful act lapses 3 years after the victim learns of the damage and the wrongdoer, or 10 years after the act, whichever comes first. A 2020 amendment added that, where a minor suffers sexual violence, molestation, harassment or other sexual abuse, the limitation period does not run until the victim reaches adulthood (Art. 766(3)).
Stopping the clock
Is it too late if you lent money more than nine years ago? Under Article 168 of Korea’s Civil Act, prescription is interrupted by a demand, by seizure, provisional attachment or injunction, or by the debtor’s acknowledgment. When it is interrupted, the time already elapsed is wiped out and a new period begins. An out-of-court demand, such as a certified letter, only preserves the claim if it is followed within six months by a lawsuit or similar step (Art. 174). A partial payment or other admission of the debt can count as acknowledgment.
A party also cannot waive the benefit of prescription in advance (Art. 184).
Compared with similar time limits
| Aspect | Extinctive prescription | Exclusion period | Criminal limitation |
|---|---|---|---|
| Area | Civil | Civil | Criminal |
| Applies to | Rights generally | Rights such as rescission | The state’s right to prosecute |
| Can be interrupted? | Yes | No | Only suspended in limited cases |
For criminal time limits, see statute of limitations for prosecution.
Japan and China
- Japan: The Civil Code reform effective April 2020 abolished occupation-specific short periods and set a general rule of 5 years from when the creditor knew the right could be exercised, or 10 years from when it could be exercised (Art. 166). Claims for injury to life or body run 20 years (Art. 167). Tort claims run 3 years from knowledge and 20 years from the act, extended to 5 years from knowledge for injury to life or body (Arts. 724, 724-2).
- China: Under Civil Code Article 188, the limitation period is 3 years from when the right holder knew or should have known of the harm and the obligor, with an outer limit of 20 years from the harm. For minors who suffer sexual abuse, the period starts when the victim turns 18 (Art. 191).
Frequently asked questions
- What is extinctive prescription?
- It is the civil-law rule that a right lapses if it is not exercised for a set period after it becomes exercisable, similar to a statute of limitations.
- How long is the statute of limitations on a personal loan in Korea?
- Generally 10 years for ordinary civil claims, and 5 years for claims arising from commercial activity.
- How can prescription be interrupted?
- In Korea, by a court claim, by seizure or provisional attachment, or by the debtor’s acknowledgment. An informal demand must be followed by stronger action within six months.
References
- 「민법」 제162조~제184조, 제766조 (국가법령정보센터, law.go.kr).
- 民法（明治29年法律第89号）第145条～第169条、第724条・第724条の2 (e-Gov法令検索).
- 《中华人民共和国民法典》第一百八十八条至第一百九十九条.