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S. Korea: Civil Law Revision to Allow 20 Years for Compensation
Source: koreaherald.com
Source Date: Thursday, December 02, 2010
Focus: Institution and HR Management
Country: Korea (Republic of)
Created: Dec 06, 2010

Those who suffered damages from an illegal act will be entitled to file for compensation within 20 years instead of the present 10 under a legal revision being drafted by the Justice Ministry.

Underage victims of sex crimes would retain their right to seek compensation until they reach legal adulthood.

The ministry is to submit next year the revision bill of the civil law to extend the prescription period for illegal actions, officials said Thursday.

Under present law, applicants may ask for compensation within three years of realizing they had been harmed or 10 years from when the illegal act took place.

The revision would extend those periods to five years and 20 years, respectively.

Also, victims of environmental pollution or industrial accidents may retain their rights for 20 years from the occurrence of damages and not the root action itself.

This clause came in consideration of environmental or industrial damages that only appear years after the cause, according to ministry officials.

The bill also eases the regulations on the establishment of nonprofit enterprises as it obligates the government office in charge to give its approval as long as the applicant meets the minimum legal requirements.

Individuals or local governments will no longer be granted possessive rights over someone else’s real estate even after occupying the area for 20 years or more, as is stated in the present civil law.

“The revision bill reflects the social changes in business reality and legal transactions,” said a ministry official.

“Once implemented, it will more efficiently protect the rights of citizens.”
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