SOUTH KOREA Law and Practice Contributed by: Woorin Sung and Hee Kyung Jeong, D&A LLC
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Currently, South Korea does not have dedicated mari - time and shipping courts. However, discussions on the establishment of such courts have been underway since 2015. Following the recent passage of a bill on the establishment of maritime and shipping courts by the National Assembly, their creation is now regarded as a realistic possibility. The approach most actively under consideration is that maritime and shipping courts in Busan and Incheon would each have jurisdiction over first-instance pro - ceedings, with appeals to be heard by the high courts in the same manner as other general cases. As of December 2025, however, no legislation estab - lishing such courts has entered into force. In the meantime, specialised divisions exclusively handling maritime and shipping cases are in operation within the Seoul Central District Court and Busan District Court. The most common maritime and shipping disputes in South Korea include: • cargo claims, including claims for loss of, damage to, or shortage of cargo; • disputes arising during vessel navigation, includ - ing collisions, groundings, and accidents occurring during berthing and mooring operations; • disputes concerning the suspension or reduction of charter hire, including issues as to the applicability of off-hire events; • disputes relating to shipbuilding defects, or under - performance or defects in the sale of vessels; and • personal injury or fatality claims involving seafarers. 1.2 Port State Control Port state control (PSC) in South Korea is overseen by the Ministry of Oceans and Fisheries (MOF), while enforcement is carried out by the regional offices of oceans and fisheries with jurisdiction over the relevant ports. These regional offices review PSC-related data
for incoming vessels, including information under the New Inspection Regime (NIR), select vessels for prior - ity inspection and conduct initial inspections. Where deficiencies are identified during an initial inspection, the relevant regional office conducts a more detailed inspection of the vessel’s facilities and overall safety management systems prior to issuing an inspection report. If a critical deficiency is identi - fied that may endanger the safety of seafarers or the vessel, or cause marine pollution, the vessel may be prohibited from departing until the deficiencies have been rectified. 1.3 Domestic Legislation Applicable to Ship Registration The ship registration system in South Korea has a dual structure. • Administrative registration: Governs matters relat - ing to the acquisition and maintenance of a ves - sel’s nationality, as well as the issuance of cer - tificates of nationality. This regime is established under the Ship Act, which sets out the require - ments for Korean national vessels, the acquisition and loss of nationality, the description of vessels and the basic framework for administrative regis - tration. • Legal registration: Provides public notice of legal rights in vessels, such as ownership and mortgag - es. This regime is governed by the Ship Registry Act, which provides for the public notice of legal relations concerning vessels, including transfers of ownership and the creation of vessel mortgages. Administrative registration is handled by the MOF, while legal registration is carried out by the courts and their registry offices. 1.4 Requirements for Ownership of Vessels Under the Ship Act of Korea, eligibility to own a vessel of the Republic of Korea is limited to: • a citizen of South Korea; • a commercial corporation established under the laws of South Korea; and • a corporation whose principal office is located in South Korea and whose representative (or, in the
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