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7. Obligation
 
  7.1 Obligations in general  
  Article 193-Civil liability  
193.1 Civil liability  
  Every resident and citizen of Republic of United Korea has a duty to abide by the rules of conduct which guide all persons according to the law, so as not to cause injury to another.  
  Where a person is endowed with reason and fails in this duty, they are responsible for any injury they cause to another person by such fault and are therefore liable to the extent that they have been charged and convicted of either intentional or negligent behaviour.  
  In such circumstances, the convicted person has a moral right to assist in the reparation for the injury and compensation to the victim. This is civil liabiity under this code.  
193.2 All injury, whether bodily, moral or material is a crime first  
  While a person who has committed an injury against another person is liable to pay some form of compensation, such actions (deliberate or negilgent) are first and foremost a crime which includes civil compensation penalties.  
  A person who has suffered an injury, whether bodily, moral or material is not permitted any remedy by applying to the civil courts independent of criminal proceedings.  
  Not only is it an offence of the courts to hear such matters, but it is a civil offence in itself to seek a direct or indirect claim against a defendant who is also the subject of a criminal offence for the same matter. Where persons seek to circumvent the law in such a way, the civil offence they themselves may face can include being barred from any compensation payment.  
  Should no criminal charge be brought against a person and no adequate investigation has been done regarding the matter, a person may seek remedy from the courts to have an application made before the courts concerning the issuing of a court ordered review of criminal investigation to determine if a failure of police policy or a lack of evidence has caused the lack of charges.  
  No other civil remedy is permitted.  
193.3 Act of a thing where not listed as a crime  
  A person entrusted with the custody of a thing is liable to reparation for injury resulting from the autonomous act of the thing, unless they prove that they are not at fault. If the act of a thing was not listed as a crime a person has the right to seek remedy and compensation through the civil courts.
 
  The owner of an animal is liable to reparation for injury it has caused, whether the animal was under his custody or that of a third person, or had strayed or escaped.
  
  A person making use of the animal is, together with the owner, also liable during that time.
  
  The owner of an immovable, without prejudice to his liability as custodian, is liable to reparation for injury caused by its ruin, even partial, where this has resulted from lack of repair or from a defect of construction.
  
  The manufacturer of a movable property is liable to reparation for injury caused to a third person by reason of a safety defect in the thing, even if it is incorporated with or placed in an immovable for the service or operation of the immovable.
  
  The same rule applies to a person who distributes the thing under his name or as his own and to any supplier of the thing, whether a wholesaler or a retailer and whether or not he imported the thing.
  
  A thing has a safety defect where, having regard to all the circumstances, it does not afford the safety which a person is normally entitled to expect, particularly by reason of a defect in the design or manufacture of the thing, poor preservation or presentation of the thing, or the lack of sufficient indications as to the risks and dangers it involves or as to safety precautions.
  
193.4 Criteria of nullification of civil liability  
  A person may free himself from his liability for injury caused to another by proving that the injury results from superior force, unless he has undertaken to make reparation for it.
  
  A superior force is an unforeseeable and irresistible event, including external causes with the same characteristics.
  
  Where a person comes to the assistance of another person or, for an unselfish motive, disposes, free of charge, of property for the benefit of another person, he is exempt from all liability for injury that may result from it, unless the injury is due to his intentional or gross fault.
  
  A person may free himself from his liability for injury caused to another as a result of the disclosure of a trade secret by proving that considerations of general interest prevailed over keeping the secret and, particularly, that its disclosure was justified for reasons of public health or safety.
  
  The manufacturer, distributor or supplier of a movable property is not liable to reparation for injury caused by a safety defect in the property if he proves that the victim knew or could have known of the defect, or could have foreseen the injury.
 
  Nor is he liable to reparation if he proves that, according to the state of knowledge at the time that he manufactured, distributed or supplied the property, the existence of the defect could not have been known, and that he was not neglectful of his duty to provide information when he became aware of the defect.
  
  A person may not exclude or limit his liability for material injury caused to another through an intentional or gross fault; a gross fault is a fault which shows gross recklessness, gross carelessness or gross negligence.
  
  A notice, whether posted or not, stipulating the exclusion or limitation of the obligation to make reparation for injury resulting from the nonperformance of a contractual obligation has effect, in respect of the creditor, only if the party who invokes the notice proves that the other party was aware of its existence at the time the contract was formed.
  
  A person may not by way of a notice exclude or limit his obligation to make reparation in respect of third persons; such a notice may, however, constitute a warning of a danger.
  
  Where the victim was behaving in a reckless and/or improper manner and having disregard to their personal safety or the safety of others.
 
  Where the victim displayed a lack of prudence and common sense in regard to their appearance and/or behaviour ultimately contributing substantially to the injury.  
     
     
 
 

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