KOREA POST

Compensation for International Mail

Definition

Any loss or damage in mail item incurred from transportation or handling process of post office, causing damage in property of the sender or the addressee, can be covered through compensation process in accordance with certain requirements and rules.

Compensation claimant

The right of filing a claim for compensation shall be retained by the ownership holder of the item, the sender or the addressee. The sender may waive his/her right for compensation for the sake of the addressee, and vise versa. The sender or the addressee may delegate a third party to receive compensation, if the legislation of the country allows. (Universal Postal Convention Article 24.2)

Before the item is delivered to the addressee, the claimant for compensation shall be the sender as the property of the item belongs to the sender. After it is delivered to the addressee, the claimant shall be the addressee as the property of it belongs to the addressee. (Universal Postal Convention Article 21.8)

Indemnification

In case of loss or damage of an item, the designated operator shall not be liable in the following cases, not providing the sender (or the addressee) compensation:

• When such loss or damage has been caused by force majeure, such as fire or natural disaster;
• When such loss or damage has been caused by the fault of negligence of the sender or arises from the nature of the contents;
  
  1) Damage caused by improper packingPacking requirements do not vary by the type of mail item, but it can be considered improper packing when post office views any risk of damage to the contents. An item requires not only outside packaging but also inside packing by inserting shock-resistant materials. For example, even if a flower vase or ceramic is packed with strong outside steel box, the sender may be liable when it is broken if there is not enough shock-resistant materials inside the box. The sender’s responsibility for improper packing shall not be freed by citing the reason that it is admitted at post office.
  
  2) Damage caused by the nature of the contentsIf an item causes damage to other items due to the nature of its contents, the liability falls on the sender, e.g. an item including liquid contents leads to damage to other items in case of leakage.

When the sender has made no inquiry within six months (four months for EMS item) from the day after that on which the item was posted;

When they cannot account for items owing to the destruction of official records by force majeure, provided that proof of their liability has not been otherwise produced;

When the items have been seized under the legislation of the country of destination, as notified by the member country or designated operator of that country;

In the case of insured items which have been fraudulently insured for a sum greater than the actual value of the contents;

In the case of the items that fall within the prohibitions and have been seized or destroyed by the relevant authorities;

Item delivered to the legislation of the destination country

• If no damage can be found from the outside of the item and there is no difference between described weight and actual value, the item shall be deemed with no damage. (Letter Regulation Article 162.3, Parcel Regulations Article 155.2)
• Item that has been accepted by the addressee without any objection

In the case of prisoner-of-war or civilian internee parcels

Conditions for compensation

There should be tangible damage to the mail item.

• 1) Registered mail, insured mail (insured letter, parcel), and ordinary parcelsLoss or damage of the item can be covered by compensation. However, any indirect loss due to delayed delivery, etc. is not subject to compensation.

As for a recorded-delivery item, compensation is provided only in case of loss. (Universal Postal Convention Article 21.1)

• 2) EMS Item
  An EMS item can be covered by compensation in case of loss, damage, loss of contents, and delayed delivery. When the delivery is delayed by more than 48 hours from the expected delivery date, it is considered delayed delivery. (However, holidays and period retained at customs office are excluded from delivery days, and the same applies for any fault by the sender and the addressee.)

Negligence or fault by post office shall be confirmed.

Request for investigation inquiry shall be made within the defined period. (Universal Postal Convention Article 22)

Period requirements for request

International parcel, registered mail: Six months from the date of postage

EMS: Four months from the date of dispatch

For more details on mailing, customs clearance, tracking, terms & conditions by country, delivery, please visit our EMS webpage ( http://ems.epost.go.kr ) or contact our call center (+82) 1588 1300.