South KoreaWhat is comparative negligence?
Comparative negligence in South Korea is a legal principle that reduces compensation based on the injured party’s share of fault, as defined under the Civil Act.
What the Law Says
South Korean law applies comparative negligence through Article 763 of the Civil Act, which governs liability when both parties contribute to the harm.
Under South Korean civil law, if the injured person’s own negligence contributed to the damage, the court may reduce or eliminate the compensation owed by the defendant — depending on the degree of fault attributable to each party.
This is not a strict 'all-or-nothing' rule like contributory negligence. Instead, it uses proportional fault-sharing: the more the plaintiff contributed to the harm, the less they recover.
The court determines the relative degree of fault based on all circumstances — including conduct, foreseeability, and breach of duty — and adjusts damages accordingly.
Statutory TextIf the victim is also negligent, the court may reduce or exempt the tortfeasor’s liability having regard to the degree of negligence of the victim.
— Civil Act, Art. 763 — Liability in Cases of Victim’s Negligence
What to Do
Gather evidence showing the extent of your own conduct and the other party’s actions.
Document witness statements, photos, police reports, or expert opinions relevant to fault allocation.
Consult a Korean-licensed attorney to assess how Article 763 may affect your claim.
Prepare for negotiation or litigation where fault percentages will be argued and determined.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.