CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 2 (Jurisdiction over Liability Limitation Cases) |
A district court having jurisdiction over the registered domicile of the ship against which a claim has been raised but the liability for which may be limited (hereinafter referred to as "limited claim"), general jurisdiction over a petitioner, jurisdiction over the place of accident, or jurisdiction over the place at which the ship involved in an accident arrived first after the accident had occurred or the place at which a petitioner's property has been seized or provisionally seized on the basis of a limited claim shall have exclusive jurisdiction over such cases.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 3 (Transfer of Liability Limitation Cases) |
If a court finds it necessary to transfer a liability limitation case so as to avoid severe damage or delay, it may,
ex officio, transfer the case to another court having jurisdiction over the case or general jurisdiction over the limited creditor or to a court where another liability limitation case, which has been filed in regard to damage from oil pollution caused by the same accident, is pending.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 4 (Application Mutatis Mutandis of the
Civil Procedure Act, etc.) |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 5 (Oral Arguments at Discretion and Ex Officio Investigation) |
| (1) | Trial proceedings for limiting liability may proceed without oral argument. |
| (2) | A court may,
ex officio, conduct investigations as may be necessary for a liability limitation case.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 6 (Immediate Appeal) |
| (1) | As regards trial proceedings for limiting liability, an interested party may file an immediate appeal only for cases specifically provided for in this Act. |
| (2) | An immediate appeal under paragraph (1) shall be filed within seven days from the date on which the notice of a trial is served or, if no notice of the trial has been served, within 30 days from the date of public notice of a trial. |
| (3) | The periods under paragraph (2) shall be peremptory terms. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 7 (Public Notice) |
| (1) | Public notice under this Act shall be given twice or more by publishing it in a daily newspaper designated by the court. |
| (2) | Where the service of process shall be made pursuant to this Act but it is difficult to find the domicile or abode of the person to whom the service of process shall be made or the place at which the service of process may be made, the court may complete the service of process by giving public notice in the same manner as provided for in paragraph (1). |
| (3) | Public notice shall become effective on the day immediately after the last publishing date. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 8 (Public Notice and Service) |
| (1) | Where public notice and the service of process shall be made in accordance with this Act, the service of process may be made by sending documents by registered mail. |
| (2) | The public notice under paragraph (1) shall be have the same effect on all interested parties as the service of process. |
| (3) | If the service of process shall be made to a foreign limited creditor, who has no place at which he/she is served within the Republic of Korea, such foreign limited creditor shall be ordered to designate and report the place of service and the service recipient within the Republic of Korea to the court. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER II PETITION FOR COMMENCEMENT OF PROCEEDINGS FOR LIMITING LIABILITY
| Article 9 (Petition for Commencement of Proceedings) |
| (1) | A petition for the commencement of proceedings for limiting liability shall be filed in writing. |
| (2) | The written petition under paragraph (1) shall describe the following matters: |
| 1. | The name or trade name and address of the petitioner; |
| 2. | Claims and causes of the petition; |
| 3. | The relationship between the petitioner and the ship involved in the accident, the salvage boat, or the salvor; |
| 4. | International gross tons or gross tons of the ship involved in the accident or the salvage boat and other material facts; |
| 5. | The liability limit and the basis of calculation of the limit; |
| 6. | Causes and the amount of limited claims and the basis of calculation of the amount; |
| 7. | The names or trade names and addresses of the limited creditors known; |
| 8. | The name or trade name and address of a person known to the petitioner as a person entitled to limit liability for the same accident in addition to the petitioner (hereinafter referred to as "for-profit debtor") and the relationship between such a for-profit debtor and the ship involved in the accident, the salvage boat, or the salvor. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 10 (Proof with Supporting Evidence) |
A petition filed for the commencement of proceedings for limiting liability shall be proved with supporting evidence of causal facts of the petition as required for identifying the accident in dispute and the fact that the total sum of limited claims under each subparagraph of
Article 770 (1) of the Commercial Act (excluding claims for interest that accrues after the cause arose, damages for late payment, or penalty; the same shall also apply in subparagraph 1 of
Article 18) exceeds each corresponding liability limit.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 11 (Deposit Order) |
| (1) | If the court holds that a petition for the commencement of proceedings for limiting liability is plausible, it shall order the petitioner to make a deposit in court, within the designated deposit period of not later than 14 days (hereinafter referred to as "period designated for court deposit"), money equivalent to the limit of liability under the subparagraphs of
Article 770 (1) of the Commercial Act and paragraph (4) of the same Article, along with interest calculated at the rate of six percent per annum from the date of accident or other accrual date determined by the court until the date designated for court deposit.
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| (2) | An amount of money equivalent to the limit of liability under paragraph (1) shall be calculated on the basis of the unit of account denominated into Korean currency (referring to an amount equivalent to one Special Drawing Right of the International Monetary Fund; hereinafter the same shall apply), which is published on the date nearest to the date designated for court deposit. |
| (3) | The order of court deposit under paragraph (1) shall be served on the petitioner. |
| (4) | An immediate appeal may be filed against the decision under paragraph (1). |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 12 (Submission of Original Certificate of Court Deposit) |
A petitioner who makes a deposit in court in accordance of a deposit order under
Article 11 shall promptly submit the original certificate of court deposit to the court.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 13 (Deposit Bond in Substitution for Cash Deposit) |
| (1) | Where a petitioner files a petition for the commencement of proceedings for limiting liability, he/she may file a motion to permit substitution for cash deposit with the court by submitting a deposit bond issued by a deposit guarantor:
Provided, That the foregoing shall not apply after the court issues a deposit order.
|
| (2) | When a motion under paragraph (1) is filed, the guarantor's capability to make a deposit shall be proved with supporting evidence. |
| (3) | A deposit bond shall be in the form of a certified statement that guarantees the performance of the obligation to deposit an amount of money equivalent to the limit of liability for an amount clearly indicated by unit of account when a decision is made for the commencement of proceedings for limiting liability, along with interest calculated at the rate of six percent per annum on the aforesaid amount for a period from the date of accident or other accrual date determined by the court until the period designated by the court for court deposit, in compliance with the court's order. |
| (4) | If the court holds that a motion under paragraphs (1) through (3) is appropriate, it shall make a decision to permit the deposit bond in substitution for a deposit order under
Article 11 but shall apply
Article 11 instead if it holds that the application is groundless.
|
| (5) | A decision to permit a deposit bond shall specify that the deposit guarantor set the limit of liability to be deposited and the interest accrual date and upon receiving the court's order, the deposit guarantor shall deposit an amount of money equivalent to the limit of liability, along with interest calculated at the rate of six percent per annum on the aforesaid amount for a period from the date of the interest accrual date until the date designated by the court for court deposit. |
| (6) | A decision to permit or reject a deposit bond shall be served on the petitioner and the deposit guarantor. |
| (7) | Once a decision to permit a deposit bond is made pursuant to paragraph (4), the deposit guarantor shall not change or revoke the deposit bond without the court's permission |
| (8) | A foreign insurer, a shipowners' mutual protection and indemnity insurance association, or any other deposit guarantor who has no place at which he/she can be served within the Republic of Korea shall designate and report the place of service and the service recipient within the Republic of Korea to the court. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 14 (Deposit Order to Deposit Guarantor) |
| (1) | When dividends are distributed pursuant to
Article 65 or it considers necessary otherwise, the court shall order a deposit guarantor to deposit in court an amount of money equivalent to the limit of liability, along with interest calculated at the rate of six percent per annum on the aforesaid amount for a period from the accrual date determined by the court in its decision to permit the deposit bond for the aforesaid amount until the date designated by the court for court deposit, on the designated deposit period of not later than 14 days.
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| (2) | As to the calculation of an amount of money equivalent to the limit of liability under paragraph (1),
Article 11 (2) shall apply
mutatis mutandis.
|
| (3) | A deposit order under paragraph (1) shall be served on the deposit guarantor. |
| (4) |
Article 12 shall apply
mutatis mutandis where a deposit guarantor makes a deposit in court.
|
| (5) | The deposit made in court by a deposit guarantor shall be deemed the deposit made in court by the petitioner as a depositor. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 15 (Compulsion of Deposit Guarantor's Performance of Deposit) |
| (1) | If a deposit guarantor fails to perform the court's deposit order under
Article 14, the court shall, upon receiving a motion from the administrator appointed pursuant to
Article 20, order the deposit guarantor to pay the administrator the amount of money that the deposit guarantor should have deposited on the date designated by the court for deposit, along with interest calculated at the interest rate under
Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings on the limit of liability, out of the aforesaid amount, for a period from the date designated for deposit until the date on which the deposit guarantor makes full payment.
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| (2) | The decision under paragraph (1) shall be served on the administrator and the deposit guarantor. |
| (3) | The decision under paragraph (1) shall have the same effect as a title of debt with the power of compulsory execution. |
| (4) | An immediate appeal may be filed against a decision made for a motion under paragraph (1). |
| (5) | Upon receiving an amount of money from a deposit guarantor in accordance with an order under paragraph (1), the administrator shall deposit the payment in court and shall report the results thereof to the court. In such cases,
Article 12 shall apply
mutatis mutandis.
|
| (6) | A deposit made in court by the administrator in accordance with paragraph (5) shall be deemed a deposit made in court by the petitioner as a depositor. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 16 (Order of Suspension, etc. of Other Proceedings) |
| (1) | Upon receiving a petition for the commencement of proceedings for limiting liability, the court may order to suspend proceedings for compulsory execution, provisional seizure, provisional injunction, or an auction for the exercise of a security right in progress on the basis of the relevant limited claim in regard to the property of the petitioner or a for-profit debtor until a decision to commence proceedings for limiting liability is made. |
| (2) | The court may,
ex officio or upon receiving a party's motion, amend or revoke the decision under paragraph (1).
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
The court shall reject a petition for the commencement of proceedings for limiting liability in any of the following cases:
| 2. | Where the petitioner has been declared bankrupt; |
| 3. | Where the advance payment for expenses for proceedings has not been made; |
| 4. | Where the petitioner fails to comply with a deposit order under
Article 11 (1).
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
The court shall dismiss a petition for the commencement of proceedings for limiting liability in any of the following cases:
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER III DECISION TO COMMENCE PROCEEDINGS FOR LIMITING LIABILITY
| Article 19 (Effectiveness of Proceedings for Limiting Liability) |
Proceedings for limiting liability shall become effective when a decision to commence the proceedings is made.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 20 (Matters to be Decided Simultaneously with Decision of Commencement) |
The court shall appoint an administrator and make a decision on the following matters simultaneously with the decision to commence proceedings for limiting liability:
| 1. | The period for reporting limited claims:
Provided, That the specified period shall not be less than 30 days but not more than 90 days from the date of decision;
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| 2. | The period for investigating limited claims:
Provided, That the specified period shall not be less than seven days but not more than 30 days after the expiration of the reporting period.
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[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 21 (Public Notice, etc. of Decision to Commence) |
| (1) | Where the court makes a decision to commence proceedings for limiting liability, it shall issue public notice of the following matters without delay:
Provided, That the court may omit public office, if the petitioner proves with supporting evidence that no interested party exists as limited creditors and for-profit debtors known to him/her, except persons whom the petitioner reported to the court:
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| 1. | Case number and case name; |
| 2. | Names or trade names and addresses of for-profit debtors known to the petitioner, and the relationships between them and the ship involved in the accident, the salvage boat, or the salvor; |
| 4. | The name and address of the administrator; |
| 5. | The limit of liability, the deposited amount, or the trade name of the deposit guarantor; |
| 6. | The period for reporting limited claims and the period for investigating limited claims; |
| 7. | The notice that the limited claims against the petitioner and for-profit debtors shall be reported within the reporting period; |
| 8. | The notice that a foreign limited creditor who has no place at which he/she can be served within the Republic of Korea shall designate and report the service recipient within the Republic of Korea to the court when he/she reports his/her claim; |
| (2) | In addition to the public notice under paragraph (1), the court shall serve a written document with specifying the matters under paragraphs of paragraph (1) on the administrator, the petitioner, and known limited creditors and for-profit debtors. |
| (3) | As to an amendment to any matter under paragraph (1) 2, 4, 5, or 6, paragraphs (1) and (2) shall apply mutatis mutandis:
Provided, That public notice is not required for a change of the date of investigation of limited claims.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 22 (Inspection of Petition Documents) |
The court shall keep documents pertaining to a petition for the commencement of proceedings for limiting liability so that interested parties can inspect such documents.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 23 (Immediate Appeal) |
| (1) | An immediate appeal may be filed against a decision on a petition for the commencement of proceedings for limiting liability. |
| (2) |
Article 16 shall apply
mutatis mutandis where an immediate appeal is filed against a decision made to reject or dismiss a petition for the commencement of proceedings for limiting liability.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 24 (Order to Supplement Deposit, etc.) |
| (1) | Where an immediate appeal has been filed against a decision to commence proceedings for limiting liability and where the court finds that the deposited amount is inadequate because the limit of liability or the date of accident specified in the deposit order under
Article 11 (1) or other interest accrual date determined by the court is unjust, the court shall order the petitioner to make an additional deposit of an amount of money equivalent to the deficiency in the limit of liability, along with interest calculated at the rate of six percent per annum for a period from the date of accident or other accrual date determined by the court until the date designated for deposit or interest for a deficient period of interest calculation, in the liability-limiting court on or before the designated deposit date of not later than 14 days.
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| (2) | Where an immediate appeal has been filed against a decision to commence proceedings for limiting liability and where the court finds that the limit of liability specified in the decision to permit the deposit bond under
Article 13 (4) is inadequate, the court shall order the petitioner to submit an additional deposit bond under
Article 13 (3) for the deficiency in the limit of liability to the liability-limiting court within a given period of not more than 14 days. However, the foregoing shall not apply where the deficiency in the liability limit does not exceed the limit on the guarantee of the deposit guarantor under
Article 13 (3).
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| (3) | The decision under paragraph (1) or (2) shall be served on the appellant and the petitioner. |
| (4) |
Article 12 shall apply
mutatis mutandis where a deposit has been made in compliance with an order under paragraph (1).
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 25 (Public Notice of Finality and Conclusiveness of Revocation of Decision of Commencement, etc.) |
| (1) | When a decision to revoke the decision to commence proceedings for limiting liability becomes final and conclusive, the court that made the decision to commence proceedings for limiting liability shall promptly issue public notice of the fact:
Provided, That the proviso to
Article 21 (1) shall apply
mutatis mutandis to such cases.
|
| (2) | The court under paragraph (1) shall serve a written statement that describes the matters concerning the public notice under paragraph (1) on the administrator, limited creditors known to the petitioner and for-profit debtors. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 26 (Limitation on Recovery of Deposit upon Revocation of Decision of Commencement) |
No petitioner is permitted to recover a deposit made pursuant to this Act or dispose of his/her right to claim the recovery of such deposit, unless 30 days lapse after the date on which the decision under
Article 25 (1) becomes final and conclusive:
Provided, That the foregoing shall not apply where all limited creditors consent to the recovery.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 27 (Effect of Commencement of Proceedings) |
| (1) | Once proceedings for limiting liability commence, limited creditors may receive dividends distributed from the total sum of the money deposited in accordance with this Act and interest thereon (hereinafter referred to as "fund"), as provided for in this Act. |
| (2) | In cases under paragraph (1), no limited creditor may exercise his/her right over any property of the petitioner or an for-profit debtor, other than the fund. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 28 (Prohibition of Offset) |
Where proceedings for limiting liability commence, no limited creditor is permitted to set off his/her claim irrelevant to the proceedings for limiting liability of the petitioner or a for-profit debtor.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 29 (Lawsuit Challenging Compulsory Execution) |
| (1) | Where a petitioner or a for-profit debtor intends to seek for the disapproval for satisfying limited claims by compulsory execution on the ground under
Article 27 (2), he/she shall file a lawsuit challenging compulsory execution.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 30 (Lawsuit Challenging Exercise of Security Right) |
| (1) | Where a petitioner or a for-profit debtor intends to seek for the disapproval for satisfying limited claims through the exercise of a security right on the ground under
Article 27 (2), he/she shall file a lawsuit challenging the exercise of the security right.
|
| (2) | The court having general jurisdiction over the defendant or the court having jurisdiction of the place in which the property subject to a security right is situated shall have exclusive jurisdiction over the lawsuit under paragraph (1). |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER IV EXTENSION OF PROCEEDINGS FOR LIMITING LIABILITY
| Article 31 (Motion for Extension of Proceedings) |
| (1) | Where proceedings for limiting liability have commenced only for limited claims falling under any subparagraph of
Article 770 (1) of the Commercial Act, the petitioner or a for-profit debtor may file a motion for the extension of the proceedings for limiting liability in order to limit liability even for limited claims under other subparagraphs of the aforesaid paragraph:
Provided, That such motion shall not be permitted after proceedings for the investigation of limited claims commence.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 32 (Decision to Extend Proceedings) |
| (1) | A decision to extend proceedings for limiting liability shall contain the stipulation that the proceedings for limiting liability shall be also effective for limited claims to which the proceedings are extended. |
| (2) | Chapter III (excluding the part regarding the appointment of administrator in
Article 20) shall apply
mutatis mutandis where a decision under paragraph (1) is made.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 33 (Cases where For-Profit Debtors are Deemed Petitioner) |
Where a decision under
Article 32 (1) is made upon a for-profit debtor's motion, the for-profit debtor who has filed the motion for the extension of proceedings for limiting liability shall be deemed the petitioner in applying
Articles 80 through 82 and
88 through 92.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| (1) | An administrator shall have the authority to make statements on his/her opinion, during the period for investigating limited claims, to distribute dividends, and to perform other duties specified in this Act. |
| (2) | An administrator may demand the petitioner or a for-profit debtor to report necessary matters or submit account books or other documents for the purpose of performing his/her duties under paragraph (1). |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
An administrator shall be subject to supervision of the court.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 36 (Duty of Care) |
An administrator shall perform his/her duties with due care as a good fiduciary.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 37 (Administrator's Agents) |
An administrator may appoint his/her agents who can perform his/her duties on his/her behalf, subject to permission from the court.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 38 (Remuneration, etc.) |
An administrator may receive advance payment for expenses required for proceedings for limiting liability and remuneration determined by the court.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 39 (Issuance of Qualification Certificate) |
| (1) | The court shall issue a written certificate that certifies its appointment of an administrator to the administrator. |
| (2) | When an administrator makes a demand to an interested party to perform his/her duties, he/she shall produce the certificate under paragraph (1) to the party. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 40 (Resignation, etc. of Administrator) |
| (1) | An administrator may resign from his/her office with the court's permission, if he/she has a justifiable cause. |
| (2) | If it is difficult for an administrator to perform his/her duties or it is doubtful whether an administrator can perform his/her duties impartially, the court may,
ex officio or upon the petitioner's motion, dismiss the administrator from his/her office.
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| (3) | In cases under paragraph (1) or (2), the court shall promptly appoint a new administrator. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 41 (Duties to Report Accounting and Emergency Dispositions) |
| (1) | An administrator or his/her successor shall, when he/she completely performs his/her mission, make an accounting report to the court without delay. |
| (2) | An administrator or his/her heir shall, if an emergency situation takes place after completely performing his/her mission, make necessary dispositions until a succeeding administrator is able to perform his/her duties. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER VI INTERVENTION IN PROCEEDINGS FOR LIMITING LIABILITY
| Article 42 (Intervention) |
| (1) | A limited creditor may intervene in proceedings for limiting liability on the ground of the limited claim that he/she has against the petitioner (claims for interest, damages for late payment, or penalty shall be limited to those that have accrued until the initial period for investigating limited claims; hereafter the same shall apply in this Chapter). |
| (2) | The petitioner or a for-profit debtor who has paid a limited claim may intervene in proceeding for limiting liability in subrogation for the limited creditor, who had his/her claim satisfied, within the extent of the payment. |
| (3) | A person who will be able to subrogate a limited creditor for a limited claim or will have a right to receive reimbursement from the petitioner or a for-profit debtor in the future may be deemed to have his/her own limited claim and may intervene in proceedings for limiting liability:
Provided, That if such limited creditor has already intervened in proceedings for limiting liability, the petitioner or a for-profit debtor shall not be permitted to intervene again within the extent of the limited creditor's intervention.
|
| (4) | If the petitioner or a for-profit debtor proves with supporting evidence that he/she is anticipated to become subject to compulsory execution in a foreign country on the ground of a limited claim, the petitioner or a for-profit debtor may be deemed to have the limited claim in regard to the amount of the limited claim to be paid in compliance with the compulsory execution and may intervene in proceedings for limiting liability on the ground of the limited claim. In such cases, the proviso to paragraph (3) shall apply
mutatis mutandis.
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[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 43 (Intervention Method) |
| (1) | A report for intervening proceedings for limiting liability shall be filed in writing. |
| (2) | The report of a limited claim under paragraph (1) shall contain the following matters: |
| 1. | The liability limitation case number; |
| 2. | The name or trade name and address of the intervenor (the name and address of the service recipient, if the intervenor has no place at which he/she can be served within the Republic of Korea); |
| 3. | The cause and amount of the limited claim and the basis for the calculation; |
| (3) | The report of a limited claim under
Article 42 (2) through (4) shall contain the name or trade name and address of the limited creditor and the ground on which the limited claim can be upheld in addition to matters under subparagraphs of paragraph (2).
|
| (4) | A report under paragraph (2) or (3) shall be accompanied by evidencing documents or each certified transcript or abstract of such documents. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 44 (Where any Person other than Petitioner or For-Profit Debtor Assumes Obligation to Fully Pay Limited Claims) |
If there is a person who is not the petitioner or a for-profit debtor but shall assume the obligation to pay the full amount of limited claims, and if proceedings for limiting liability commenced or were extended for such person, each limited creditor may intervene in the proceedings for limiting liability for the full amount of the claim that he/she has at the time when the proceedings for limiting liability commenced or were extended.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 45 (Period for Filing Reports of Limited Claims) |
| (1) | A report under
Article 43 shall be filed during the reporting period determined by the court in accordance with
Article 20 (including cases to which the aforesaid Article shall apply
mutatis mutandis pursuant to
Article 32 (2)).
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| (2) | If a person entitled to intervene in proceedings for limiting liability pursuant to
Article 42 proves with supporting evidence that he/she was unable to file a report on his/her claim within the period under paragraph (1) due to a cause for which he/she is not liable, he/she may file the report even after the reporting period:
Provided, That the foregoing shall not apply if proceedings for the investigation of limited claims have been closed.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 46 (Report, etc. of Change) |
| (1) | A person who intervenes in proceedings for limiting liability shall, if there is a change in any matter already reported or he/she intends to change a matter already reported, report the change or intended change to the court. In such cases,
Article 43 shall apply
mutatis mutandis.
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| (2) | As to a report of change that is likely to violate any other limited creditor's interest,
Article 45 shall apply
mutatis mutandis.
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| (3) | A person who intervenes in proceedings for limiting liability pursuant to
Article 42 (3) or (4) shall, if he/she falls under any of the following subparagraphs, report the fact to the court and shall prove the cause of the report:
|
| 1. | Where a person subrogates a limited creditor; |
| 2. | Where a person has acquired a right to claim reimbursement from the petitioner or a for-profit debtor; |
| 3. | Where a person has paid the amount of a limited claim. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 47 (Succession to Status of Intervenor) |
| (1) | A person who has acquired a reported claim from a person who has intervened in proceedings for limiting liability may succeed to the status of the intervenor. |
| (2) | A person who intends to succeed to the status under paragraph (1) shall file a written report that describes the following matters with the court and shall prove the cause of his/her acquisition: |
| 1. | The liability limitation case number; |
| 2. | The name or trade name and address of the person who intends to succeed to the status; |
| 3. | The acquired claim, the cause and date of the acquisition. |
| (3) | As to the petitioner or a for-profit debtor who fully paid the reported claim of a person who had intervened in proceedings for limiting liability pursuant to
Article 42 (1), paragraphs (1) and (2) shall apply
mutatis mutandis.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 48 (Rejection of Report) |
| (1) | The court shall reject a report of a limited claim, if the report violates the proviso to
Article 42 (3),
42 (4),
43,
45,
46 (3), or
47 (2) or (3).
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| (2) | An immediate appeal may be filed against a decision made pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 49 (Suspension, etc. of Prescription) |
| (1) | Intervention in proceedings for limiting liability shall have the effect of suspending prescription:
Provided, That the foregoing shall not apply where the relevant report is voluntarily withdrawn or rejected .
|
| (2) | If a limited creditor to whom the limitation period is applicable intervenes in proceedings for limiting liability, the progress of the period shall be suspended from the time of intervention onward:
Provided, That when the relevant report is voluntarily withdrawn or a decision of rejection becomes final and conclusive, the remainder of the limitation period shall resume its progress.
|
| (3) | If a decision to commence proceedings for limiting liability is revoked or proceedings for limiting liability are discontinued in cases under the main sentence of paragraph (2), the relevant claim shall become extinct, unless a judicial claim is filed within 180 days from the date on which the revocation or discontinuation becomes final and conclusive. |
| (4) | As to the period of existence of maritime liens that limited creditors may have, paragraphs (2) and (3) shall apply
mutatis mutandis.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 50 (Duty to Report Known Limited Creditors, etc.) |
| (1) | Where the petitioner or a for-profit debtor becomes aware of the name or trade name and address of a limited creditor who has not yet intervene in proceedings for limiting liability as a limited creditor, other than a limited creditor who has reported pursuant to
Article 9 (2) 7 (including cases to which the aforesaid provisions shall apply
mutatis mutandis in
Article 31 (2)), he/she shall report thereon to the court:
Provided, That the foregoing shall not apply where the period for investing limited claims is terminated.
|
| (2) | As to limited creditors reported in accordance with paragraph (1),
Article 21 (2) and (3) (including cases to which the aforesaid provisions shall apply
mutatis mutandis pursuant to
Article 32 (2)) shall apply
mutatis mutandis.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 51 (Preparation, etc. of List of Limited Creditors) |
| (1) | The Grade-V court official or an equivalent official shall prepare limited creditor record cards in regard to limited claims reported to the court and shall enter the details of reports of limited claims, the results of investigations thereof, outlines of judgment of assessment, and the results of lawsuits challenging such judgment. |
| (2) | If a limited claim is a non-monetary claim, an unconfirmed claim, or a claim denominated in a foreign currency, the claim shall be assessed with the value as of the initial investigation date. |
| (3) | The Grade-V court official or an equivalent official shall deliver a certified transcript of each limited creditor record card to the administrator. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 52 (Keeping Reporting Documents of Limited Claims and Limited Creditor Record Cards) |
Documents related to reports of limited claims and limited creditor record cards shall be kept in the court so that interested parties can inspect such documents.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER VII INVESTIGATION AND CONFIRMATION OF LIMITED CLAIMS
| Article 53 (Investigations of Limited Claims) |
During the period for investigating limited claims, whether or not a reported claim is a limited claim shall be investigated and if it is a limited claim, the details of the claim and the applicable category of limited claims according to the classification under the subparagraphs of
Article 770 (1) of the Commercial Act shall be defined.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 54 (Appearance of Parties and Right to Raise Objections) |
| (1) | The petitioner, for-profit debtors, intervenors in proceedings for limiting liability, and their representatives may make an appearance at proceedings for the investigation of limited claims and may raise their objections against reported claims. |
| (2) | Each representative who makes an appearance at proceedings for the investigation of limited claims shall submit a written document that certifies his/her power of attorney. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 55 (Appearance of Administrator) |
The administrator shall make an appearance at proceedings for the investigation of limited claims.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 56 (Confirmation of Limited Claims with No Objection) |
If the administrator or a person specified in
Article 54 does not raise an objection at proceedings for the investigation of limited claims, it shall be determined that reported claims are limited claims and the details of such claims and the categories of limited claims according to the classification under subparagraphs of
Article 770 (1) of the Commercial Act shall be defined.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 57 (Judgment of Assessment) |
| (1) | The court shall make a judgment of assessment with regard to claims against which an objection has been raised. |
| (2) | Whether or not a claim is a limited claim shall be determined in the judgment of assessment under paragraph (1), and the details of the claim and the category of the limited claim according to the classification under subparagraphs
Article 770 (1) of the Commercial Act shall be defined, if it is a limited claim.
|
| (3) | The judgment of assessment shall be served on the person who reported the claim and the person who raised an objection against the claim. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 58 (Investigation, etc. by Administrator) |
The court may, when it holds assessment proceedings, order the administrator to conduct an investigation or demand his/her opinion in regard to necessary matters.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 59 (Lawsuit Challenging Judgment of Assessment) |
| (1) | A person who is dissatisfied with a judgment of assessment (excluding the administrator) may file a challenging lawsuit within 14 days from the date on which the decision is served. The period set out above shall be a peremptory term. |
| (2) | If a person who files the lawsuit under paragraph (1) is the one who reported the claim against which the objection has been raised, the person who has raised the objection shall be the defendant, while if a person who files such a lawsuit is the one who has raised an objection, the person who reported the claim against with the objection has been raised shall be the defendant. |
| (3) | The liability-limiting court shall have exclusive jurisdiction over the lawsuits under paragraph (1). |
| (4) | If multiple lawsuits are pending simultaneously with regard to one and the same claim, arguments and trials for such cases shall be joined together.
Article 67 of the Civil Procedure Act shall apply
mutatis mutandis to such cases.
|
| (5) | When a judgment on the lawsuit under paragraph (1) is made, the judgment of assessment shall be approved or amended, except where a lawsuit is held illegitimate and thus rejected. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 60 (Value of Subject Matter of Challenging Lawsuit) |
The value of the subject matter of a lawsuit challenging the judgment of assessment shall be determined by the liability-limiting court based on the estimated amount of dividends.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 61 (Suspension of Lawsuit Proceedings) |
| (1) | If a lawsuit between a limited creditor who has intervened in proceedings for limiting liability in accordance with
Articles 42 and
43 and the petitioner or a for-profit debtor in regard to the claim (hereinafter referred to as "lawsuit outside the proceedings") is pending, the court may, upon the plaintiff's motion, order to suspend the lawsuit proceedings.
|
| (2) | The court may, upon the plaintiff's motion, revoke the decision of suspension under paragraph (1). |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 62 (Jurisdiction over Lawsuit outside Proceedings) |
When a lawsuit challenging a judgment of assessment is pending, another lawsuit between the person who has the claim that is the subject matter of the former lawsuit and the petitioner or a for-profit debtor in regard to the claim may be filed with the liability-limiting court.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| (1) | If a lawsuit challenging a judgment of assessment is pending and another lawsuit outside the proceedings is pending in another court of first instance in regard to the claim that is the subject matter of the former lawsuit, the liability-limiting court may, upon either party's motion, demand the latter court to transfer the lawsuit. |
| (2) | Where a decision under paragraph (1) is made, the court that has received the demand for transfer shall transfer the lawsuit outside the proceedings to the liability-limiting court. |
| (3) | The transfer under paragraph (2) may be made even when the lawsuit proceedings are being suspended or stayed. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
If a lawsuit challenging a judgment of assessment and another lawsuit outside the proceedings are pending in the liability-limiting court, arguments and trials for such cases shall be joined together.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER VIII DISTRIBUTION OF DIVIDENDS
| Article 65 (Appropriation of Fund) |
The fund shall be appropriated for the distribution of dividends, except expenses spent from the fund pursuant to
Articles 91 (5) and
92 (4).
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 66 (Preparation of Dividends Distribution Statement) |
| (1) | The administrator shall prepare a dividends distribution statement after investigation proceedings are closed and shall obtain approval thereof from the court. |
| (2) | The dividends distribution statement shall describe the following matters according to the classification of limited claims under subparagraphs of
Article 770 (1) of the Commercial Act:
|
| 1. | The name or trade name and address of each limited creditor entitled to receive dividends; |
| 2. | The amount of the claim of each limited creditor entitled to receive dividends; |
| 3. | The amount to be distributed; |
| 5. | The amount of dividend distributed to each limited creditor; |
| 6. | Other matters necessary for the distribution of dividends. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 67 (Public Notice and Keeping of Dividends Distribution Statement) |
| (1) | When the court approves a dividends distribution statement, public notice of the details shall be given without delay:
Provided, That if limited creditors entitled to receive dividends are few in number, the court may serve a certified transcript of the dividends distribution statement on each of them in substitution for public notice.
|
| (2) | The court shall keep the dividends distribution statement approved by it so that interested parties can inspect the statement. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 68 (Objection against Dividends Distribution Statement) |
| (1) | A person who is dissatisfied with a dividends distribution statement may file an objection with the court within 14 days from the public notice date or the date on which a certified transcript of the dividends distribution statement is served. The period set out above shall be a peremptory term. |
| (2) | If the court finds that an objection is reasonable, it shall order the administrator to revise the dividends distribution statement. |
| (3) | The court shall keep the written decision under paragraph (1) so that interested parties can inspect the decision. |
| (4) | The judgment on an objection shall be served on the person who filed the objection. |
| (5) | An immediate appeal may be filed against a judgment on an objection. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 69 (Distribution of Dividends) |
| (1) | The administrator shall promptly distribute dividends after the period for filing objections under
Article 68 (1) lapses.
|
| (2) | If there is an objection filed against a dividends distribution statement, dividends shall not be distributed, unless and until the judgment on the objection becomes final and conclusive:
Provided, That dividends may be distributed within the extent permitted by the court to limited creditors whose claims have not be subject to any objection even before the judgment on an objection becomes final and conclusive.
|
| (3) | Dividends shall be distributed in such a manner that the administrator entrusts the court depository official with the disbursement from the fund. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 70 (Request for Withholding Distribution of Dividends) |
| (1) | An intervenor in proceedings for limiting liability may file a request with the administrator to withhold the distribution of dividends before the period for raising an objection against the dividends distribution statement lapses by proving the fact that another lawsuit outside the proceedings is pending in regard to his/her reported claim or that compulsory execution of the claim or exercise of a security right is in progress. |
| (2) | The request under paragraph (1) shall be made in writing. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 71 (Withholding of Distribution of Dividends) |
The administrator shall withhold the distribution of dividends for the following claims:
| 1. | A claim for which a request is filed to withhold the distribution of dividends in accordance with
Article 70;
|
| 2. | A claim that was reported by an intervenor in proceedings for limiting liability in accordance with
Article 42 (3) or (4) but for which no report has been field in accordance with
Article 46 (3);
|
| 3. | A claim that has not been confirmed in proceedings for limiting liability and does not fall under subparagraph 1 or 2. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 72 (Order to Reserve Expenses, etc.) |
| (1) | If there are expenses paid in subrogation pursuant to
Article 90 (1) but if the amount of such expenses has not been confirmed, the court shall order the administrator to reserve a reasonable amount out of the fund.
|
| (2) | The court may amend or revoke the decision under paragraph (1). |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 73 (Effect of Distribution of Dividends) |
If an intervenor in proceedings for limiting liability is entitled too receive his/her dividend from the fund pursuant to Acts and subordinate statutes governing court deposit, the petitioner and for-profit debtors shall be discharged from liability for the limited claim outside the proceedings for limiting liability.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 74 (Exclusion from Proceedings) |
| (1) | If it is finally and conclusively determined in a lawsuit outside proceedings for limiting liability that a reported claim is not a limited claim, the claim shall be excluded from the proceedings for limiting liability. |
| (2) | In cases under paragraph (1), either party to a lawsuit outside proceedings shall report the final and conclusive ruling to the liability-limiting court with a written document certifying the ruling. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 75 (Distribution of Withheld Dividends) |
Where an event under any of the following subparagraphs, whichever is relevant, has occurred, the administrator shall distribute withheld dividends without delay:
| 1. | A claim under subparagraph 1 of
Article 71: Where the details of the claim are finally confirmed and the person who filed the motion to withhold the distribution of dividends claims his/her dividends;
|
| 2. | A claim under subparagraph 2 of
Article 71: Where the details of the claim are finally confirmed and the report under
Article 46 (3) is filed:
|
| 3. | A claim under subparagraph 3 of
Article 71: Where the details of the claim are finally confirmed.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 76 (Distribution of Additional Dividends) |
| (1) | If the fund has new revenue that shall be distributed as dividends, the administrator shall distribute such revenue additionally as dividends. |
| (2) | The administrator may defer the distribution of dividends under paragraph (1) for a specified period with permission from the court. |
| (3) | As to the distribution of additional dividends under paragraphs (1) and (2),
Articles 66 through 75 shall apply
mutatis mutandis.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 77 (Reporting on Completion of Distribution of Dividends) |
When dividends have been completely distributed, the administer shall report the fact to the court without delay.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 78 (Closing of Proceedings) |
If the report under
Article 77 is filed, the court shall make a decision to close proceedings for limiting liability and shall give public notice of the closing:
Provided, That limited creditors and for-profit debtors are few in number, the court may serve the text of the decision to close the proceedings for limiting liability on each of them and the petitioner in substitution for the public notice.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 79 (Compensation for Damages) |
The petitioner or a for-profit debtor shall be liable for damages sustained by the limited creditor known, if the petitioner or the for-profit debtor failed to report the known limited creditor to the court in violation of
Article 9 (2) 7,
31 (2), or
50 (1) and consequently such an creditor's claim has been excluded from the proceedings for limiting liability.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER IX DISCONTINUANCE OF PROCEEDINGS FOR LIMITING LIABILITY
| Article 80 (Discontinuance of Proceedings) |
In any of the following cases, the court shall,
ex officio or upon a party's motion, make a decision to discontinue proceedings for limiting liability:
Provided, That the foregoing shall not apply where it is found that such discontinuance is likely to inflict severe damage on limited creditors in cases under subparagraph 2:
| 1. | Where the petitioner fails to comply with a decision made pursuant to
Article 24 (1) or (2) (including cases to which the aforesaid provisions shall apply
mutatis mutandis pursuant to
Article 32 (2));
|
| 2. | Where the petitioner fails to comply with a decision made pursuant to
Article 89 (2);
|
| 3. | Where it is impossible to execute a deposit order issued to a deposit guarantor under
Article 15.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 81 (Discontinuance of Proceedings with Consent) |
| (1) | The petitioner may file a motion to discontinue proceedings for limiting liability with consent of all known for-profit debtors and interveners in the proceedings for limiting liability. |
| (2) | The court shall, upon receiving the motion under paragraph (1), make a decision to discontinue the proceedings for limiting liability. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 82 (Declaration of Bankruptcy and Discontinuance) |
If it is found that continuing proceedings for limiting liability is likely to harm bankruptcy creditors where the petitioner has been declared bankrupt, the court shall, upon the bankruptcy administrator's application, make a decision to discontinue proceedings for limiting liability:
Provided, That the foregoing shall not apply where public notice of the approval of a dividends distribution statement has been given or public notice of the distribution of dividends has been given in bankruptcy proceedings.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 83 (Public Notice and Service of Discontinuance) |
| (1) | Where the court makes a decision to discontinue proceedings for limiting liability, it shall issue public notice of the text of the decision and outlines of the grounds therefor without delay:
Provided, That the proviso to
Article 21 (1) shall apply
mutatis mutandis to such cases.
|
| (2) | In cases under paragraph (1),
Article 25 (2) shall apply
mutatis mutandis.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 84 (Immediate Appeal) |
An immediate appeal may be filed against a decision to reject or dismiss a motion to discontinue proceedings for limiting liability or a decision to discontinue proceedings for limiting liability.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 85 (Public Notice and Service of Revocation of Decision of Discontinuance) |
| (1) | When a decision to revoke the decision to discontinue proceedings for limiting liability becomes final and conclusive, the court that made the decision to commence the proceedings for limiting liability shall promptly issue public notice of the revocation:
Provided, That the proviso to
Article 21 (1) shall apply
mutatis mutandis to such cases.
|
| (2) | In cases under paragraph (1),
Article 25 (2) shall apply
mutatis mutandis.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 86 (Time when Decision of Discontinuance Becomes Effective) |
A decision to discontinue proceedings for limiting liability shall become effective when it becomes final and conclusive.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 87 (Limitation on Recovery of Deposit where Decision of Discontinuance Becomes Final and Conclusive) |
Article 26 shall apply
mutatis mutandis where a decision to discontinue proceedings for limiting liability becomes final and conclusive.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 88 (Principle of Bearing of Expenses) |
Expenses incurred in proceedings for limiting liability and the remuneration for the administrator (hereinafter referred to as "expenses") shall be borne by the petitioner:
Provided, That the foregoing shall not apply to cases otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 89 (Obligation to Make Advance Payment) |
| (1) | Where the petitioner files a petition for the commencement of proceedings for limiting liability, he/she shall pay an amount determined by the court in advance for expenses. |
| (2) | If the advance payment for expenses is deficient, the court shall order to make another advance payment for the deficiency in expenses. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 90 (Payment for Expenses from Fund in Subrogation) |
| (1) | In any of the following cases, the administrator may pay an estimated amount of expenses from the fund in subrogation with permission from the court: |
| 1. | Where any ground set out in the proviso to
Article 80 exists in cases under subparagraph 2 of the aforesaid Article;
|
| 2. | Where the administrator needs litigation expenses (including attorney's fee within the limit permitted by the court; hereinafter the same shall apply) in order to carry out a lawsuit as the defendant of a lawsuit challenging assessment; |
| (2) | When the administrator receives a payment for expenses under paragraphs (1) 1, he/she shall transfer it to the court without delay. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 91 (Recovery of Expenses Paid in Subrogation) |
| (1) | The administrator shall recover from the petitioner expenses paid in subrogation pursuant to
Article 90 (1) 1.
|
| (2) | In cases under paragraph (1), the court shall, upon the administrator's motion, order the petitioner to pay to the administrator an amount of money equal to the expenses paid by the administrator in subrogation. |
| (3) | The decision made pursuant to paragraph (2) shall be served on the administrator and the petitioner. |
| (4) | As to the decision under paragraph (2),
Article 15 (3) and (4) shall apply
mutatis mutandis.
|
| (5) | If it is impossible to recover expenses paid pursuant to paragraphs (1) through (4), the administrator shall disburse such expenses from the fund with permission from the court. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 92 (Deposit of Expenses Recovered by Administrator) |
| (1) | The administrator shall deposit expenses recovered or returned in accordance with the following subparagraphs in court for the petitioner and shall report the results thereof to the court: |
| 1. | Where expenses paid in subrogation have been recovered from the petitioner pursuant to
Article 91;
|
| 2. | Where the administrator has an amount returned from the court, out of expenses paid to the court in subrogation pursuant to
Article 90 (2), because it is not necessary to spend the amount for expenses and the administrator is not able to recover from the petitioner expenses paid in subrogation;
|
| 3. | Where the administrator does not need to spend part of litigation expenses already paid from the fund in subrogation pursuant to
Article 90 (1) 2 or the administrator has recovered such expenses from the opponent party because the favorable judgment became final and conclusive.
|
| (2) | A deposit made pursuant to paragraph (1) shall be deemed a deposit made by the petitioner as the depositor. |
| (3) | As to deposits by the administrator under paragraph (1),
Article 12 shall apply
mutatis mutandis.
|
| (4) | Where the administrator becomes the defendant in a lawsuit challenging assessment,
Article 91 (5) shall apply
mutatis mutandis as to litigation expenses finally determined by the judgment as those that shall be borne by the administrator and litigation expenses that cannot be recovered from the opponent party.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
CHAPTER XI PENAL PROVISIONS
| Article 93 (Administrator's Receipt of Bribe) |
| (1) | The administrator or an agent of the administrator shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding five million won, if he/she receives, demands, or promises a bribe in connection to his/her duties. |
| (2) | In cases under paragraph (1), the bribe received shall be confiscated. If it is impossible to confiscate the whole or part of a bribe, its value shall be collected additionally. |
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 94 (Offering of Bribe, etc.) |
A person who promises, offers, or expresses his/her intent to offer a bribe under
Article 93 (1) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding two million won.
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
| Article 95 (False Report, etc.) |
| (1) | A person under
Article 34 (2) shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding one million won, if he/she fails to submit a report or a document or submits a false report or a false document when he/she is demanded to submit a report or a document under the aforesaid Article.
|
| (2) | If the representative of a legal entity or an agent, an employee, or a servant of a legal entity or a private individual commits an offense under paragraph (1) in the scope of the business of the legal entity or the private individual, not only shall such offender be punished accordingly, but the legal entity or the private individual shall be punished by the fine prescribed in paragraph (1):
Provided, That the foregoing shall not apply to cases where the legal entity or private individual has not neglected reasonable care and supervision of the business to prevent such an offense.
|
[This Article Wholly Amended by Act No. 9833, Dec. 29, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1993.
Article 2 (Transitional Measure)
This Act shall apply to cases in which the cause of a limited claim arises on or after this Act enters into force.
ADDENDA<Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8319, Mar. 29, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 8581, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 9833, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.