South KoreaI had an accident during a package tour. Is the travel.
Yes, the travel agency is generally liable for accidents during a package tour under South Korea’s Tourism Promotion Act and Civil Act, unless it proves the accident was due to force majeure or the traveler’s gross negligence.
What the Law Says
South Korean law imposes strict responsibility on travel agencies for accidents occurring during package tours. The Tourism Promotion Act and Civil Act define the scope and limits of this liability.
Under the Tourism Promotion Act, a travel agency that sells a package tour is considered the 'tour operator' and bears legal responsibility for all services included in the tour — including transportation, accommodation, and guided activities.
Article 39 of the Tourism Promotion Act states: 'The tour operator shall be liable for damages arising from defects in the package tour services provided to tourists, unless the operator proves that the damage resulted from force majeure or the tourist’s intentional act or gross negligence.'
Additionally, Article 750 of the Civil Act provides general tort liability: 'A person who causes injury to another person’s person or property through intentional or negligent conduct shall be liable to compensate for the resulting loss.' This applies where the travel agency’s negligence (e.g., hiring an unlicensed driver or failing to inspect safety equipment) contributes to the accident.
The law presumes the travel agency is at fault unless it affirmatively proves exemption grounds — such as unforeseeable natural disaster (force majeure) or the traveler’s own serious misconduct.
Statutory TextThe tour operator shall be liable for damages arising from defects in the package tour services provided to tourists, unless the operator proves that the damage resulted from force majeure or the tourist’s intentional act or gross negligence.
— Tourism Promotion Act, s. 39 — Liability of Tour Operator
Statutory TextA person who causes injury to another person’s person or property through intentional or negligent conduct shall be liable to compensate for the resulting loss.
— Civil Act, s. 750 — Liability for Tort
What to Do
Report the accident to the travel agency immediately and request written acknowledgment.
Gather evidence: photos, medical records, witness contact info, and tour contract documents.
File a formal claim with the travel agency within 3 years from the date of the accident.
If unresolved, file a complaint with the Korea Tourism Organization (KTO) or sue in district court.
Sources
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.