Suggested citations
AGLC4 | 국제철도화물수송법 2011 [International Rail Cargo Transportation Law of the Democratic People's Republic of Korea (2011)] [tr Daye Gang].
Bluebook | Gugjecheoldohwamulsusongbeob 2011 [International Rail Cargo Transportation Law of the Democratic People's Republic of Korea (2011)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on December 14, Juche 100 (2011), as Directive No. 2041 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF INTERNATIONAL RAIL CARGO TRANSPORTATION LAW
Article 1 (Objectives of International Rail Cargo Transportation Law)
The International Rail Cargo Transportation Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in international railway cargo transportation and shall serve to smoothly assure the demands of international railway cargo transportation.
Article 2 (Principle of protection of rights and interests of parties)
The State shall thoroughly protect the civil affairs rights and interests of the parties to international railway contracts for transportation of freight.
Article 3 (Principle of adherence to credibility)
The State shall ensure that parties thoroughly keep credibility in international railway cargo transportation.
Article 4 (Principle of guaranteeing international railway cargo transportation)
The State shall improve transportation organization and methods in conformity with the requirements of actual development, and shall modernize transportation methods to transport international railway cargo in time.
Article 5 (Guidance institution for international railway cargo transportation)
The standardized guidance about the State for international railway cargo transportation work shall be done by the central railway transportation guidance institution.
Article 6 (Principle of foreign cooperation and exchange)
The State shall develop exchange and cooperation with other countries and international organizations in the international railway cargo transportation field.
Article 7 (Application of law)
This law shall be applied to international railway cargo transportation where cargo is taken out to other countries or brought in to our country through railways. Particulars that have not been regulated in this law related to international railway cargo transportation shall follow the given regulations. International conventions in the railway field approved by our country shall have the same legal effect as this law.
CHAPTER II. PLANS AND CONTRACTS FOR INTERNATIONAL RAILWAY CARGO TRANSPORTATION PLANS
Article 8 (Drafting international railway cargo transportation plans)
International railway cargo transportation shall be done according to the international railway cargo transportation plans and contracts founded in it. The international railway cargo transportation plan shall be adopted by State planning institutions.
Article 9 (Instruction of international railway cargo transportation plans)
State planning institutions must instruct the central railway transportation guidance institution of the annual international railway cargo transportation plan by each period. The central railway transportation guidance institution shall actualize and refine international railway cargo transportation plans for which instruction has been received from state planning institutions by month, and must send it to institutions, enterprises, and organizations (hereinafter called owner of the cargo) sending cargo out to other countries or bringing it into our country through the relevant railway transportation institution and railways.
Article 10 (Change of international railway cargo transportation plans)
International railway cargo transportation plans may not be changed without approval. In cases where international railway cargo transportation plans are sought to be changed for inevitable reasons, a change application document shall be submitted to state planning institutions, and approval shall be received.
Article 11 (Parties to international railway contracts for transportation of cargo)
The parties to an international railway contract for transportation of cargo may be the railway transportation institution or the owner of the cargo. Contracting parties must conclude contracts based on the international railway cargo transportation plans.
Article 12 (Offer of international railway contract for transportation of cargo)
In cases where the owner of the cargo seeks to conclude an international railway contract for transportation of cargo, they must submit cargo dispatch documents to the relevant railway transportation institution stating things like the item name and amount of the cargo, the station of dispatch and the border station it will pass through, the destination station, the names of the persons sending and receiving the cargo, transportation conditions, and transportation period.
Article 13 (Entry into international railway contract for transportation of cargo)
Railway transportation institutions who have received cargo dispatch documents shall correctly review them and receive international railway cargo. In cases where there is no abnormality to the cargo dispatch documents and the cargo, a confirmation seal of the station of dispatch shall be stamped on the cargo dispatch documents.
Article 14 (Legal effect of international railway contracts for transportation of cargo)
Cargo dispatch documents that have had the confirmation seal of the railway transportation institution stamped shall have the legal effect of an international railway contract for transportation of freight document.
Article 15 (Change of international railway contracts for transportation of cargo)
International railway contracts for transportation of cargo may be changed by agreement of the parties. In these cases, the scope of the international railway cargo transportation plans may not be exceeded.
Article 16 (Subjects prohibited in international railway contract for transportation of cargo)
Supplies where entry and exit is prohibited, and supplies that can cause interference to railway transportation, may not be the subjects of international railway contracts for transportation of cargo.
CHAPTER III. TRANSPORTERS OF INTERNATIONAL RAILWAY CARGO
Article 17 (Entity in charge of international rail cargo transportation)
The entity in charge of international rail cargo transportation shall be the railway transportation institution. The railway transportation institution must correctly transport cargo within the period determined according to international railway contracts for transportation of cargo.
Article 18 (Responsible period of railway transportation institution)
The railway transportation institution shall take responsibility for the given cargo within the scope designated in the contract from the time the international railway cargo is received until it is handed over.
Article 19 (Handling stations and organization of car allocation for international railway cargo)
International railway cargo shall be handled at designated cargo stations. Railway transportation institutions must stop freight cars at relevant stations in time so that there is no interference to international rail cargo transportation.
Article 20 (Loading international railway cargo)
International railway cargo shall be loaded by dividing it into single shipment cargo, small cargo, and container cargo. Railway transportation institutions and the owner of the cargo must load cargo according to the requirements of the carrying capacity of the freight car and the relevant regulations.
Article 21 (Storage and management of international railway cargo)
Railway transportation institutions must safely store and manage so that international railway cargo is not lost or damaged during the transportation process. Cargo being transported may not be used at will or handed over to others.
Article 22 (Direct delivery of international railway cargo)
Railway transportation institutions must directly deliver international railway cargo to its destination as determined in the contract.
Article 23 (Arrival notification for international railway cargo)
Railway transportation institutions must notify the owner of the cargo 2 hours before the international railway cargo arrives at the destination.
Article 24 (Handing over international railway cargo)
Railway transportation institutions must correctly hand over transported international railway cargo to the owner of the cargo. In cases where the owner of the cargo does not attend even after receiving a cargo arrival notification, the cargo may be stored at any warehouse or place after informing the owner of the cargo. In these cases, the railway transportation institution shall not take responsibility for damage that has occurred.
Article 25 (Loading and handling work for international railway cargo)
The work of loading and handling international railway cargo shall be done by the party determined in the contract. The party that has responsibility for the work must load and handle the cargo within the designated time period.
Article 26 (Damage compensation responsibility of railway transportation institutions)
In cases where the transportation period is delayed or the whole or part of the international railway cargo during the transportation process has been lost or damaged, the railway transportation institution, the damage for it must be compensated. In these cases, the damage compensation sum may not exceed the price of the whole cargo.
Article 27 (Reasons for waiver of liability of railway transportation institution)
In the following cases, the railway transportation institution may not have to take responsibility for the occurrence of loss, damage, or delay in handover of international railway cargo.
1. In cases of reasons beyond anyone’s control, such as a natural disaster
2. In cases of natural features or defects in the cargo itself
3. In cases of acts of the owner of the cargo
4. In other cases where it is accepted that there is no responsibility of the railway transportation institution
Article 28 (Responsibility for substantiation of person seeking waiver of liability)
Railway transportation institutions seeking to be exempted from responsibility for loss, damage, or delays in handover of international railway cargo must prove that it was not at fault.
Article 29 (Loss of right to waive liability)
In cases where the railway transportation institution has caused wilful damage to occur or has not adopted measures to prevent the occurrence of damage even though it was predicted, Article 27 of this law shall not be applied.
CHAPTER IV. OWNER OF THE CARGO
Article 30 (Handing over international railway cargo)
The owner of the cargo must correctly hand over cargo to the railway transportation institution according to international railway contracts for transportation of cargo. In these cases, damage shall not be caused to people’s life or health or property or the environment, and cargo must be handed over that is appropriate for loading, storage and management, and handling. Cargo not determined in international railway contracts for transportation of cargo may not be handed over.
Article 31 (Supply of materials for international railway cargo)
The owner of the cargo must correctly inform the railway transportation institution things about the international railway cargo such as the item name, amount, package, markers, mass, volume, and nature, and the precautions that are required for them. The railway transportation institution shall not take responsibility for damage that has occurred because they were not correctly informed about the material of the cargo.
Article 32 (Guarantee of cargo to be loaded)
The owner of the cargo must assure cargo so that the cargo loading work can be finished within the time limit determined in international railway contracts for transportation of cargo. In cases where the cargo loading period has not been determined in the contract, the cargo must be assured so that cargo loading can be done without cessation.
Article 33 (Procedure of international railway cargo)
The owner of the cargo must do the required procedures in time, such as inspections, quarantine, and pricing approval, so that there is no interference to international rail cargo transportation.
Article 34 (Freight charges and fees)
The owner of the cargo must pay the freight charges and fees incurred in transporting international railway cargo to the railway transportation institution. The work of deciding freight charges and fees shall be done by the State price determining institution.
Article 35 (Takeover of international railway cargo)
The owner of the cargo must take over in time international railway cargo from the railway transportation institution when it arrives. In these cases, the owner of the cargo and the railway transportation institution may request an inspection of the state of the loss or damage to cargo that has arrived to the specialist inspection institution. The inspection expenses shall be borne by the party applying for the inspections. The party bearing the inspection expenses may claim the return of inspection expenses to the party responsible for the loss or damage of the cargo.
Article 36 (Notification for loss and damage to international railway cargo)
In cases where international railway cargo that has been taken over is lost or damaged, the owner of the cargo must notify the railway transportation institution in writing within 14 days of the cargo being taken over. In these cases, for cargo confirmed together with the railway transportation institution, they may not make a notification in writing. In cases where notification of loss or damage of cargo has not been done within the period determined, the relevant rights to a claim for damage compensation shall lapse.
Article 37 (Claim for damage compensation by owner of the cargo)
The owner of the cargo may make a claim for damage compensation to the railway transportation institution that has caused damage to occur by violating international railway contracts for transportation of cargo. In these cases, they must submit a claim for damage compensation document stating the relevant basis and sum of money, cargo dispatch documents, and the accident report drafted at the relevant railway station to the railway transportation institution within the designated time limit. The relevant railway transportation institution must review and handle the claim for damage compensation document within 3 months of the day it is received.
Article 38 (Use of other countries freight cars and cargo holds)
The owner of the cargo and the railway transportation institution may transport international railway cargo by using the freight cars and cargo holds of other countries. In these cases, when the given transportation ends, the freight cars and cargo holds of other countries must be returned in time. The freight cars and cargo holds of other countries may not be used for international rail cargo transportation.
CHAPTER V. SANCTIONS AND DISPUTE RESOLUTION
Article 39 (Levy of train delay fee)
In cases where the stationary period of a freight car has been exceeded, the relevant delay fee shall be imposed on the party at fault.
Article 40 (Sanctions)
Parties who have caused interference to international rail cargo transportation by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.
Article 41 (Complaints and their treatment)
In cases where there is an opinion related to international rail cargo transportation, a complaint may be made to the central railway transportation guidance institution or the authorities concerned. Institutions that have received a complaint must investigate and resolve within 30 days.
Article 42 (Dispute resolution)
Disputes related to international rail cargo transportation shall be resolved by method of agreement between the parties.
Last updated 4 June 2021