CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to determine general principles and governing laws on the international jurisdiction regarding any legal relations which contain foreign factors.
| Article 2 (International Jurisdiction) |
| (1) | In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations. |
| (2) | A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1). |
| Article 3 (Law of Nationality) |
| (1) | In case the law of nationality of a party shall govern, if the party has two or more nationalities, the law of the country, which is most closely connected with the party, shall be the law of nationality: if one of the nationalities is the Republic of Korea, then the law of the Republic of Korea shall be the law of nationality. |
| (2) | In case a party has no nationality, nor his/her nationality can be identified, the law of the country, where his/her habitual residence is located (hereinafter referred to as the "law of habitual residence"), shall govern, and if the habitual residence cannot be known, then the law of the country, where his/her residence is located, shall govern. |
| (3) | In case a party has a nationality of a country which has various laws depending on locality, the law designated by the choice provisions under the law of the country shall govern and, in the absence of such provisions, the law of a territorial unit which is most closely connected with the party, shall govern. |
| Article 4 (Law of Habitual Residence) |
In case where the law of habitual residence shall govern, when the habitual residence of a party cannot be identified, the law of a country in which the residence of the party is located shall govern.
| Article 5 (Application of Foreign Law) |
A court shall investigate and apply, on its own initiative, the contents of the foreign law designated by this Act and may request a party's cooperation for the purpose.
| Article 6 (Scope of Applicable Law) |
When foreign provisions are designated as applicable laws under this Act, the application of such foreign provisions shall not be excluded simply because such provisions have the nature of public law.
| Article 7 (Mandatory Application of Acts of Republic of Korea) |
In the light of the purpose of legislation, irrespective of the applicable laws, the mandatory provisions of the Republic of Korea shall govern the corresponding legal relations even if foreign laws are designated as applicable laws thereof under this Act.
| Article 8 (Exception to Designation of Applicable Law) |
| (1) | In case the applicable law specified by this Act is less related to the corresponding legal relations and the law of another country, which is most closely connected with such legal relations, evidently exists, the law of the other country shall govern. |
| (2) | The provision of paragraph (1) shall not be applied if the parties choose the applicable law by agreement. |
| Article 9 (Renvoi in Case of Designation of Applicable Law) |
| (1) | In case a foreign law is designated as an applicable law under this Act, when the law of the Republic of Korea shall be applied under the law of that foreign country, the law of the Republic of Korea (except the provisions of the law to designate the applicable law) shall govern. |
| (2) | The provision of paragraph (1) shall not be applied in the following cases: |
| 1. | Where the parties choose the applicable law by agreement; |
| 2. | Where the applicable law of a contract is designated under this Act; |
| 3. | Where the applicable law of support is designated under the provision of Article 46; |
| 4. | Where the applicable law of the method of will is designated under the provision of Article 50 (3); |
| 5. | Where the law of registry of a ship is designated under the provision of Article 60; |
| 6. | Besides, where the application of the provision of paragraph (1) is contrary to the purpose of designation under this Act. |
| Article 10 (Provisions of Foreign Law Contrary to Social Order) |
In case a foreign law shall govern, if the application of provisions of the foreign law shall evidently violate good customs and other social order of the Republic of Korea, the law shall not apply.
| Article 11 (Legal Capacity) |
The legal capacity of a person shall be determined by the law of nationality of the person.
| Article 12 (Judicial Declaration of Disappearance) |
In case it is not clear whether a foreigner is alive or dead, a court may adjudicate his/her disappearance under the law of the Republic of Korea when his/her property is located in the Republic of Korea, when there are any legal relations to be governed by the law of the Republic of Korea, or when there are any other reasonable grounds.
| (1) | The capacity of a person shall be determined by the law of nationality of the person. It is also same when the capacity is extended by marriage. |
| (2) | The once acquired capacity shall not be lost, nor restricted by the change of nationality of the person concerned. |
| Article 14 (Adjudication on Commencement of Limited Guardianship or Adult Guardianship, etc.) |
A court may adjudicate on the commencement of limited guardianship, adult guardianship, specific guardianship, or the appointment of a supervisor of guardianship at will, for a foreigner who has his/her habitual residence or residence in the Republic of Korea, under the law of the Republic of Korea. <Amended by Act No. 13759, Jan. 19, 2016>
| Article 15 (Protection of Business Transaction) |
| (1) | In case both parties, the person who does a juristic act and the opposite party to the juristic act, are in the same country at the time of the establishment of such juristic act, the person of such act may not invoke his/her incapacity if he/she is considered as competent under the law of the country where the act occurred, although he/she may be regarded as incompetent under the law of his/her nationality: in case the opposite party to such juristic act had known or could have known the person's incapacity at the time of committing such act, the person may invoke his/her incapacity. |
| (2) | The provision of paragraph (1) shall not be applied to juristic acts governed by provisions of family law or inheritance law and to such juristic acts related to real property located in countries where such acts did not occur. |
| Article 16 (Corporations and Other Organizations) |
Corporations and other organizations shall be governed by the applicable law of the establishment thereof: in case corporations or other organizations established in foreign countries have their principal business offices located in the Republic of Korea or transact their principal business in the Republic of Korea, such corporations and other organizations shall be governed by the law of the Republic of Korea.
| Article 17 (Method of Juristic Act) |
| (1) | The method of a juristic act shall be governed by the applicable law of such act. |
| (2) | The method of a juristic act that is effected under the lex loci actus, shall be valid irrespective of the provision of paragraph (1). |
| (3) | When the parties to a contract are in different countries at the time of the conclusion of the contract, the method of a juristic act, which is designated by the law of one of such countries, may govern such contract. |
| (4) | In case of a juristic act done by an agent, the lex loci actus stipulated under paragraph (2) shall be determined based on the country where the agent is located. |
| (5) | The provisions of paragraphs (2) through (4) shall not be applied to the method of juristic acts, which establishes or disposes of real rights and other rights subject to registration. |
| Article 18 (Agency in Fact) |
| (1) | The relationship between a principal and his/her agent shall be governed by the applicable law of the legal relations between the parties. |
| (2) | Whether or not a principal shall assume a duty for a third party resulting from the act of his/her agent shall be governed by the law of a country where a business office of the agent is located. In case the agent has no business office, or the third party cannot know the office even if such office exists, the law of the country, where the agent actually performed its agency, shall govern. |
| (3) | In case an agent has an employment contract with a principal and has no business office of his/her own, the main business office of the principal shall be regarded as the office of the agent. |
| (4) | A principal may choose the applicable law of agency irrespective of the provisions of paragraphs (2) and (3): Provided, That the choice of the applicable law shall be effective only when such choice is indicated in a document which certifies the agency right, or when the choice is notified in writing to a third party by the principal or his/her agent. |
| (5) | The provision of paragraph (2) shall apply mutatis mutandis in the case of the relationship between an agent without the agency right and a third party. |
| Article 19 (Applicable Law of Real Rights) |
| (1) | Real rights, or other rights subject to registration, concerning movables and immovables shall be governed by the lex situs of the subject matter. |
| (2) | Any change in acquisition or loss of the rights prescribed in paragraph (1) shall be governed by the lex situs of the subject matter at the time of the completion of the causal act or fact. |
| Article 20 (Means of Transportation) |
Real rights to aircraft shall be governed by the law of the country where the subject matter is registered. Real rights to railroad vehicles shall be governed by the law of the country where the operation of such vehicles is licensed.
| Article 21 (Bearer Securities) |
Any change in acquisition or loss of rights to bearer securities shall be governed by the lex situs of the securities at the time of the completion of the causal act or fact.
| Article 22 (Things in Transit) |
Any change in acquisition or loss of real rights to the things in transit shall be governed by the law of the destination of the subject matter.
| Article 23 (Stipulated Security Interests on Bonds, etc.) |
The stipulated secured interests on bonds, stocks, or other rights, or other securities representing such rights shall be governed by the applicable law of rights secured: Provided, That a stipulated secured interest on bearer securities shall be governed by the provision of Article 21.
| Article 24 (Protection of Intellectual Property Rights) |
The protection of intellectual property rights shall be governed by the law of the place where such rights are violated. <Amended by Act No. 10629, May 19, 2011>
| Article 25 (Party's Autonomy) |
| (1) | A contract shall be governed by the law which the parties choose explicitly or implicitly: Provided, That the implicit choice shall be limited to the case which the implicit choice can be reasonably recognized by the content of the contract and all other circumstances. |
| (2) | The parties may choose the applicable law regarding a part of the contract. |
| (3) | The parties may change, by agreement, the applicable law under the provision of this Article or Article 26: Provided, That the change of the applicable law made after the conclusion of the contract shall not affect the validity of the contract method and the right of a third party. |
| (4) | In case, notwithstanding that all the elements are solely related to one country, the parties choose the law of any other country than that of the country, the application of the mandatory provisions of the relevant country shall not be excluded. |
| (5) | The provision of Article 29 shall be applied mutatis mutandis with respect to the formation and validity of the agreement between the parties with respect to the choice of the applicable law. |
| Article 26 (Objective Connection at Time of Decision of Applicable Law) |
| (1) | In case the parties to a contract do not choose the applicable law, the contract shall be governed by the law of the country which is most closely connected with the contract. |
| (2) | In case a party, according to the contract concerned, is to effect any of the following performance, the law of the country, where the habitual residence of the party is located at the time of the conclusion of the contract (the law of the country where the principal business office is located in case the party is a corporation or organization), shall be presumed to be most closely connected: in case the contract is concluded by the party's occupational or business activities, the law of the country, where the business office of the party is located, shall be presumed to be most closely connected: |
| 1. | In case of assignment contracts, the performance of the assignor; |
| 2. | In case of lease contracts, the performance of the party who provides the things or the rights to use; |
| 3. | In case of mandate contracts, contracts for work, or other similar contracts of service supplies, the performance of the service. |
| (3) | In case of the contract subject to the right to immovables, the law of the country, where the immovables are located, shall be presumed to be most closely connected. |
| Article 27 (Consumer Contract) |
| (1) | In case a contract, which a consumer concludes for a purpose besides his/her occupational or business activities, falls under any of the following subparagraphs, the protection given by the mandatory provisions of the country, where the habitual residence of the consumer is located, shall not be deprived even if the parties choose the applicable law: |
| 1. | In case, prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country; |
| 2. | In case the opposite party of the consumer received an order of the consumer in that country; |
| 3. | In case the opposite party of the consumer induced the consumer to go to a foreign country and give his/her order in the foreign country. |
| (2) | In case the parties do not choose the applicable law, the contract under the provision of paragraph (1) shall be governed by the law of the habitual residence of the consumer irrespective of the provision of Article 26. |
| (3) | The method of a contract under the provision of paragraph (1) shall be governed by the law of the habitual residence of the consumer irrespective of the provisions of Article 17 (1) through (3). |
| (4) | In case of the contract under the provision of paragraph (1), the consumer may an file a lawsuit against the opposite party of the consumer even in the country where the habitual residence of the consumer is located. |
| (5) | In case of the contract under the provision of paragraph (1), a lawsuit entered by the opposite party of the consumer against the consumer may be filed only in the country where the habitual residence of the consumer is located. |
| (6) | The parties of the contract under the provision of paragraph (1) may agree on the international jurisdiction in writing: Provided, That such agreement shall be effective only in any of the following subparagraphs: |
| 1. | In case a dispute already occurred; |
| 2. | In case filing a lawsuit with other courts in addition to the competent court under this Article is permitted to the consumer. |
| Article 28 (Employment Contract) |
| (1) | In case of an employment contract, even if the parties choose the applicable law, the protection, given to the employee under the mandatory provisions of the country of the applicable laws designated under paragraph (2), shall not be deprived. |
| (2) | In case the parties do not choose the applicable law, irrespective of the provisions of Article 26, the employment contract concerned shall be governed by the law of the country where the employee habitually provides his/her service. In case the employee does not habitually provide his/her service within one country, the law of the country, where the business office of the employer who hires the employee is located, shall govern. |
| (3) | In case of an employment contract, an employee may file a lawsuit against an employer in a country, where he/she habitually provides his/her service or even where he/she habitually provided his/her service for the last time. In case the employee does not or did not habitually provide his/her service within one country, he/she may file a lawsuit against an employer even in a country where the business office of the employer, who hired the employee, is or was located. |
| (4) | In case of an employment contract, an employer may file a lawsuit against an employee only in the country where the habitual residence of the employee is located or where the employee habitually provides his/her service. |
| (5) | The parties of an employment contract may, in writing, make an agreement on the international jurisdiction: Provided, That such agreement shall be effective only in any of the following subparagraphs: |
| 1. | In case a dispute already occurred; |
| 2. | In case filing a lawsuit with other courts in addition to the competent court under this Article is permitted to the employee. |
| Article 29 (Formation and Validity of Contract) |
| (1) | The formation and validity of a contract, in case the contract is formed effectively, shall be determined by the applicable law which shall be applied under this Act. |
| (2) | In case it is evidently unreasonable, in the light of all the circumstances, to judge the effect of the action of a party according to the applicable law under the provision of paragraph (1), the party may quote the law of his/her habitual residence for the purpose of claiming that he/she did not agree to the contract. |
| Article 30 (Management of Affairs) |
| (1) | Management of affairs shall be governed by the law of the place where such management is done: in case the management of affairs is done by the legal relations between the parties concerned, the management of affairs shall be governed by the applicable law of the legal relations. |
| (2) | The right to claim, which is derived from liquidating the obligation of other persons, shall be governed by the applicable law of the obligation. |
| Article 31 (Unjust Enrichment) |
Unjust enrichment shall be governed by the law of the place where such enrichment occurs: in case such enrichment arises from the performance done by the legal relations of the parties, unjust enrichment shall be governed by the applicable law of the legal relations.
| (1) | A tort shall be governed by the law of the place where it occurred. |
| (2) | In case, at the time of a tort, the habitual residences of the tortfeasor and the injured party are located in the same country, the law of the country shall govern irrespective of the provision of paragraph (1). |
| (3) | In case the legal relations existing between the tortfeasor and the injured party are violated by the tort, the applicable law of such legal relations shall govern irrespective of the provisions of paragraphs (1) and (2). |
| (4) | In case a foreign law shall be applied under the provisions of paragraphs (1) through (3), the right to claim compensation for damages caused by the tort shall not be recognized when the character of such right is not clearly for appropriate compensation for the injured party or when the scope of such right is substantially beyond the necessary extent of appropriate compensation for the injured party. |
| Article 33 (Ex Post Facto Agreement on Applicable Law) |
Irrespective of the provisions of Articles 30 through 32, the parties may choose, by agreement, the law of the Republic of Korea as the applicable law after the occurrence of management of affairs, unjust enrichment, or tort: Provided, That the right of a third party shall not be affected by that.
| Article 34 (Assignment of Claim and Acceptance of Obligation) |
| (1) | The legal relations between an assignor and an assignee of a claim shall be governed by the applicable law of the contract between the parties: Provided, That the assignability of the claim and the effect of the assignment of the claim against a debtor and a third party shall be governed by the applicable law of the claim to be assigned. |
| (2) | The provision of paragraph (1) shall be applied mutatis mutandis to the acceptance of obligations. |
| Article 35 (Transfer of Claim by Act) |
| (1) | The transfer of a claim by Act shall be governed by the applicable law of the legal relations between the old creditor and the new creditor, which are the cause of the transfer: in case there is a provision to protect the debtor in the applicable law of the claim transferred, such a provision shall govern. |
| (2) | In case the legal relations of paragraph (1) do not exist, the applicable law of the claim transferred shall govern. |
| Article 36 (Establishment of Marriage) |
| (1) | The elements of the establishment of marriage shall be governed by the law of nationality regarding each party. |
| (2) | The method of marriage shall be governed by the law of the place where the marriage takes place or the law of nationality of one of the parties: Provided, That the law of the Republic of Korea shall govern when one of the parties is a national of the Republic of Korea in case the marriage takes place in the Republic of Korea. |
| Article 37 (General Validity of Marriage) |
The general validity of marriage shall be governed in order by one of the laws determined in the following subparagraphs:
| 1. | The same law of nationality of both spouses; |
| 2. | The same law of the habitual residence of both spouses; |
| 3. | The law of the place where is most closely connected with both spouses. |
| Article 38 (Marital Property System) |
| (1) | With respect to the marital property, the provision of Article 37 shall apply mutatis mutandis. |
| (2) | In case both spouses choose, by agreement, one of the laws in the following subparagraphs as the applicable law of their marital property, the law shall govern irrespective of the provision of paragraph (1): Provided, That the agreement shall be effective only if it is written with the date of agreement and the names and seals, or signatures, of both spouses: |
| 1. | The law of the nationality of one of both spouses; |
| 2. | The law of the habitual residence of one of both spouses; |
| 3. | The lex situs of the immovables in case of the marital property regarding immovables. |
| (3) | The marital property system under a foreign law shall not be set up against a bona fide third party with respect to juristic acts done in the Republic of Korea and the property located in the Republic of Korea. In this case, when such marital property system shall not govern, the marital property system with respect to the relations with the third party shall be governed by the law of the Republic of Korea. |
| (4) | A contract of the marital property, which is concluded under a foreign law, if the contract is registered in the Republic of Korea, may be set up against a third party notwithstanding the provision of paragraph (3). |
With respect to divorce, the provision of Article 37 shall apply mutatis mutandis: in case one of both spouses is a national of the Republic of Korea, who has his/her habitual residence in the Republic of Korea, the divorce shall be governed by the law of the Republic of Korea.
| Article 40 (Children in Wedlock) |
| (1) | The establishment of the relationship between a child in wedlock and biological parents shall be governed by the law of nationality of one of both spouses at the time of the birth of the child. |
| (2) | In case of paragraph (1), when the husband died before the birth of the child, the law of nationality of the husband at the time of his/her death shall be regarded as the law of nationality of the husband. |
| Article 41 (Children out of Wedlock) |
| (1) | The establishment of the relationship between a child out of wedlock and biological parents shall be governed by the law of nationality of the mother of the child at the time of the birth of the child: Provided, That the establishment of the relationship between a child and a father may be governed by the law of nationality of the father at the time of the birth of the child or by the law of habitual residence of the child at the present time. |
| (2) | Besides the law specified in paragraph (1), paternity acknowledgement may be governed by the law of nationality of the person who acknowledges the paternity at the time of paternity acknowledgement. |
| (3) | In case of paragraph (1), when the father died before the child was born, the law of nationality of the father at the time of the death shall be regarded as the law of nationality of the father, and in case of paragraph (2), when the person, who acknowledges the paternity, died prior to the paternity acknowledgement, the law of nationality of the person at the time of the death shall be regarded as the law of nationality of the person. |
| Article 42 (Legitimation of Children Born out of Wedlock) |
| (1) | Regarding the case that the status of a child born out of wedlock is changed into that of a child born in wedlock, the law of nationality of the father or mother or the law of the habitual residence of the child at the time of the completion of the fact that constitutes the requirements shall govern. |
| (2) | In case of paragraph (1), when the father or the mother died prior to the completion of the fact that constitutes the requirements, the law of nationality of the father or mother at the time of his/her death shall be deemed to be the law of his/her nationality. |
| Article 43 (Adoption and Its Dissolution) |
Adoption and its dissolution shall be governed by the law of nationality of the adoptive parent at the time of the adoption.
With respect to the establishment of the relations between parents and a child under the provisions of Articles 41 through 43, when a consent or approval of a child or a third party is a necessary condition under the law of nationality of the child, such condition shall be met.
| Article 45 (Legal Relations between Parents and Children) |
The legal relations between parents and a child shall be governed by the law of nationality when the law of nationality of all the parties is the same, and otherwise, by the law of the habitual residence of the child.
| Article 46 (Duty to Support) |
| (1) | The duty to support shall be governed by the law of the habitual residence of the person who has a right of support: in case, under such law, the person who has the right of support cannot be supported by the person who has a duty of support, the law of common nationality of the parties shall govern. |
| (2) | In case a divorce is completed or approved in the Republic of Korea, the duty of support between the divorced parties shall be governed by the law which is applied to the divorce irrespective of the provision of paragraph (1). |
| (3) | In case of a duty of support among collateral relatives by blood or relatives by marriage, the person who is alleged to have a duty of support may contend, against the person who claims the right of support, that he/she has no duty of support under the law of common nationality of the parties. When there is no such law, the person who is alleged to have the duty of support may contend that he/she has no duty of support under the law of his/her habitual residence. |
| (4) | In case both parties, the person who has a right of support and the person who has a duty of support, are nationals of the Republic of Korea and the person who has the duty of support has his/her habitual residence in the Republic of Korea, the law of the Republic of Korea shall govern. |
| Article 47 (Other Kinship) |
The establishment of kinship and the rights and duties arising from the kinship shall be governed by the law of nationality of each party concerned, unless otherwise stipulated in this Act.
| Article 48 (Guardianship) |
| (1) | Guardianship shall be governed by the law of nationality of the ward. |
| (2) | The guardianship for a foreigner who has his/her habitual residence or residence in the Republic of Korea shall be governed by the law of the Republic of Korea, only in any of the following cases: <Amended by Act No. 13759, Jan. 19, 2016> |
| 1. | Even if the cause of the commencement of guardianship under the foreigner's law of nationality exists, in case there is no person who performs the duties of guardianship or there is a situation that such duties cannot be performed even if there is a person who performs such duties; |
| 2. | Where adjudication is rendered, for a foreigner, on the commencement of limited guardianship, adult guardianship, specific guardianship, or the appointment of a supervisor of guardianship at will, in the Republic of Korea; |
| 3. | Besides, in case of the impending necessity to protect the ward. |
| (1) | Inheritance shall be governed by the law of nationality of the decedent at the time of death. |
| (2) | When the decedent clearly designates, by the methods applicable to a will, one of the following laws as the applicable law, inheritance shall be governed by the law irrespective of the provision of paragraph (1): |
| 1. | The law of the country where the habitual residence of the decedent is located at the time of the designation: Provided, That such designation shall be effective only if the decedent had maintained his/her habitual residence in the country until the time of his/her death; |
| 2. | The law of the situs of real property with respect to the inheritance regarding the real property. |
| (1) | A will shall be governed by the law of nationality of the testator at the time of the will. |
| (2) | The amendment or withdrawal of a will shall be governed by the law of nationality of the testator at the time of the amendment or withdrawal of the will. |
| (3) | The method of a will shall be governed by one of the laws in the following subparagraphs: |
| 1. | The law of the country of the testator's nationality at the time of the testator's will or death; |
| 2. | The law of the habitual residence of the testator at the time of the testator's will or death; |
| 3. | The lex loci actus at the time of the testator's will; |
| 4. | The lex situs on the method of will with respect to real property. |
CHAPTER VIII NOTE AND CHECK
| (1) | The capacity of a person, who assumes obligations by a bill of exchange, a promissory note, and a check, shall be governed by the law of nationality of the person: in case the law of nationality stipulates that such capacity shall be governed by the law of another country, the law of that country shall apply. |
| (2) | Even if a person has no capacity under the provision of paragraph (1), in case the person has signed in another country and has capacity under the law of that country, he/she shall be deemed to have capacity to assume obligations. |
| Article 52 (Qualification for Drawee of Check) |
| (1) | The qualification to be a drawee of a check shall be governed by the law of the place of payment. |
| (2) | Even if a check is invalid because a person, who may not become a drawee under the law of the place of payment, has become the drawee, the validity of obligations, arising from the signature made in another country where there are no equivalent provisions, shall not be affected thereby. |
| (1) | The method of an action on a bill of exchange, a promissory note, and a check shall be governed by the law of the place of the signature: Provided, That the method of an action on a check may be governed by the law of the place of payment. |
| (2) | In case an action is invalid under the provision of paragraph (1), when such an action is lawful under the lex loci actus of a subsequent action, the nullity of the previous action shall not affect the validity of the subsequent action. |
| (3) | Even if the method of an action on a bill of exchange, a promissory note, and a check, performed by a national of the Republic of Korea in a foreign country, is invalid under the lex loci actus, when the method is lawful under the law of the Republic of Korea, it shall be effective against other nationals of the Republic of Korea. |
| (1) | The obligation of an acceptor of a bill of exchange and of a drawer of a promissory note shall be governed by the law of the place of payment, and the obligation arising from a check shall be governed by the law of the place of signature. |
| (2) | The obligation of a bill of exchange and a promissory note of those, who are not stipulated in the provision of paragraph (1), shall be governed by the law of the place of signature. |
| (3) | The period to exercise a right of recourse on a bill of exchange, a promissory note and a check shall be governed by the law of the place of issuance with respect to all the signatories. |
| Article 55 (Acquisition of Underlying Claim) |
Whether or not a holder of a bill may acquire the claim, which caused the drawing of such bill, shall be governed by the law of the place of issuance of such bill.
| Article 56 (Partial Acceptance and Partial Payment) |
| (1) | Whether or not the acceptance of a bill of exchange may be restricted to a part of the amount of such bill, and whether or not the holder of such bill shall be obliged to accept a partial payment shall be governed by the law of the place of payment. |
| (2) | The provision of paragraph (1) shall apply mutatis mutandis to the payment of a promissory note. |
| Article 57 (Method of Action for Exercise and Preservation of Rights) |
The method of a certificate of protest on a bill of exchange, a promissory note, or a check, the period to draw the certificate of protest, and the method of other actions necessary for the exercise and preservation of rights on a bill of exchange, a promissory note, or a check, shall be governed by the law of the place where the certificate of protest is to be prepared or of the place where other actions are to be performed.
| Article 58 (Loss or Theft of Bill) |
The procedure to be taken in case of loss or theft of a bill of exchange, a promissory note, or a check shall be governed by the law of the place of payment.
| Article 59 (Law of Place of Payment of Checks) |
The matters regarding a check under one of the following subparagraphs shall be governed by the law of the place of payment of a check:
| 1. | Whether or not a check needs to be payable at sight, whether or not a check may be drawn payable at a fixed period after sight, and the validity of a postdated check; |
| 2. | The period for presentation of a check; |
| 3. | Whether or not acceptance, payment guarantee, confirmation, or inspection may be made on a check, and the validity of such statement thereof; |
| 4. | Whether or not a holder of a check may demand partial payment, and whether or not he/she shall be obliged to accept partial payment; |
| 5. | Whether or not a check may be marked with cross lines and the validity of the expression of "payable to account" or similar expressions written on a check: in case the drawer or the holder of a check prohibits payment in cash by writing an expression of "payable to account" or similar expressions on the check, the check shall have the validity of a general crossed check if it is issued in a foreign country and is to be paid in the Republic of Korea; |
| 6. | Whether or not a holder of a check has a special right on the fund of the check, and the character of such right; |
| 7. | Whether or not a drawer may revoke the mandate for payment of a check or take any procedures to stop payment; |
| 8. | Whether or not the certificate of protest or any equivalently effective declaration is necessary for the preservation of a right of recourse against an endorser, a drawer, or any other debtor. |
CHAPTER IX MARITIME COMMERCE
| Article 60 (Maritime Commerce) |
The matters under the following subparagraphs on maritime commerce shall be governed by the law of the country of registry of the ship:
| 1. | The ownership and the mortgage on a ship, the maritime lien, and other real rights on a ship; |
| 2. | The order of priority of security interests on a ship; |
| 3. | The scope of a shipowner's liability for actions of the shipmaster and crew; |
| 4. | Whether or not a shipowner, a charterer, a ship's husband, a ship operator, and other ship users may claim the limitation of their liability, and the scope of the limitation of such liability; |
| 6. | The agency interest of a shipmaster. |
| Article 61 (Collision of Ships) |
| (1) | The liability resulting from a collision of ships at an open port or on a river or territorial waters shall be governed by the law of the place of the collision. |
| (2) | The liability resulting from a collision of ships on the high seas shall be governed by the law of the country of registry if each of the ships has the same country of registry, and it shall be governed by the law of the country of registry of the ship that caused damage if each of the ships has a different country of registry. |
The right to claim remuneration arising from salvage shall be governed by the law of the lex loci actus when the salvage is done on territorial seas, and it shall be governed by the law of the country of registry of the ship that has performed the salvage when the salvage is done on the high seas.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2001. |
| (2) | (Time Scope of Application of Governing Law) Cases arising prior to the enforcement of this Act shall be governed by the previous Act, the Conflict of Law Act: with respect to legal relations which have been pending before and after the enforcement of this Act, only the subsequent legal relations arising after the enforcement of this Act shall be governed by the provisions of this Act. |
| (3) | (Transitional Measures on International Jurisdiction) The cases, which are pending in court at the time of enforcement of this Act, shall not be governed by the provisions on international jurisdiction under this Act. |
ADDENDA <Act No. 10629, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 13759, Jan. 19, 2016>
This Act shall enter into force on the date of its promulgation.