What is the statute of limitations for damage claims?

What the Law Says

South Korean law sets strict time limits for filing damage claims arising from torts (civil wrongs). These limits are designed to ensure fairness, legal certainty, and timely evidence preservation.

Under the Civil Act of South Korea, the right to claim damages for tortious acts expires either 3 years after the injured party becomes aware of both the damage and the identity of the person liable, or 10 years after the tort occurred — whichever deadline passes first.

This dual-limit structure balances the injured party’s need for reasonable time to discover harm and the defendant’s interest in finality and protection from stale claims.

The limitation period begins to run automatically — no formal notice or demand is required to start the clock.

Statutory Text

The right to claim damages for tort shall be extinguished by prescription if not exercised within three years from the time when the victim or his statutory agent becomes aware of the damage and of the person liable therefor, or within ten years from the time when the tort was committed.

— Civil Act, Art. 766 — Prescription of Tort Claims

What to Do

Sources