South Korea

What is joint liability for joint tortfeasors?

Art. 760
Civil Act section
Full liability
Legal effect
No apportionmen
Default rule
3 years
Limitation period
The Short Answer

In South Korea, joint tortfeasors are jointly and severally liable for the entire damage caused by their combined wrongful acts, meaning the injured party may claim full compensation from any one of them.

What the Law Says

South Korean law imposes joint and several liability on persons who jointly commit a tortious act resulting in harm.

Under Article 760 of the Civil Act, when two or more persons jointly cause damage by tortious conduct, they are jointly and severally liable for the entire damage.

This means the injured person may demand full compensation from any one of the joint tortfeasors — not just a share — and that tortfeasor may later seek contribution from the others.

The law does not require proof of equal fault or intent; it applies whenever the acts together produce indivisible harm.

Statutory Text

If two or more persons jointly cause damage by tort, they shall be jointly and severally liable for such damage.

— Civil Act, Art. 760 — Joint Tortfeasors

What to Do

1

Identify all parties whose acts contributed to the harm

2

File a claim against one or more joint tortfeasors for full damages

3

If one pays more than their equitable share, file a separate claim for contribution under Article 760(2)

4

Act within the 3-year limitation period from knowledge of damage and tortfeasor (Civil Act Art. 766)

Sources

statuteCivil Act, Art. 760 — Joint TortfeasorsstatuteCivil Act, Art. 766 — Limitation Period for Tort Claims

Not 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.