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ACT ON SPECIAL MEASURES FOR ABSENTEE DECLARATION, ETC.

Act No. 1867, Jan. 16, 1967

Amended by Act No. 1998, Mar. 18, 1968

Act No. 6437, Mar. 28, 2001

Act No. 7427, Mar. 31, 2005

Act No. 8435, May 17, 2007

Act No. 9837, Dec. 29, 2009

 Article 1 (Purpose)
The purpose of this Act is to prescribe exceptions to procedures for an absentee declaration for persons remaining in the area north of the Korean Military Demarcation Line from among those who have newly registered a family relation after moving from the area north of the Military Demarcation Line to the area south of the Military Demarcation Line.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 2 (Definitions)
The term "remaining persons" means persons indicated in the family relations register as residing in the area north of the Military Demarcation Line.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 3 (Absentee Declarations)
The court shall declare a person who is obviously a remaining person an absentee at the request of his/her family member or a public prosecutor.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 4 (Effect of Absentee Declarations)
The family relations register of a person declared an absentee shall be closed. In such cases, he/she shall be deemed declared missing for the purposes of Article 997 of the Civil Act and marriage.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 5 (Revocation of Absentee Declarations)
(1) In any of the following cases, the court shall revoke an absentee declaration at the request of the principal, any family member or public prosecutor. In such cases, the revocation of an absentee declaration shall have no effect on the validity of an act done in good faith after such declaration was made, until such declaration is revoked:
1. Where it is verified that a person declared an absentee has deceased;
2. Where it is verified that a person declared an absentee is residing in an area other than the area north of the Military Demarcation Line;
3. Where the area north of the Military Demarcation Line in which such remaining person is residing is annexed to an administrative district of the area south of the Military Demarcation Line.
(2) Article 29 (2) of the Civil Act shall apply mutatis mutandis to the revocation of an absentee declaration.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 6 (Court Having Jurisdiction over Absentee Declarations)
The Family Court at the place of registration of a remaining person shall have jurisdiction over cases of absentee declarations or revocation thereof.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 7 (Requests for Absentee Declarations)
A request for an absentee declaration shall be accompanied by a family relation certificate and a certificate of remaining person, issued by the Do Governor having jurisdiction over the place of original permanent domicile.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 8 (Public Summons)
(1) When an absentee declaration is to be made, a public summons shall be given, and the period therefor shall be one month or more.
(2) The following matters shall be stated in the public summons:
1. The name and address of the person requesting adjudication;
2. The name, date of birth, place of registration and original permanent domicile of the remaining person;
3. That the remaining person shall file a report his/her has been residing in a place other than the area north of the Military Demarcation Line by the date of public notice, and that he/she shall be declared an absentee if no such report is filed;
4. That the person who knows the remaining person resides in Korea or a place other than the area north of the Military Demarcation Line shall file a report thereof by the date of public summons;
5. The date of public summons.
(3) The notification of the public summons under paragraphs (1) and (2) shall be made by posting it on the bulletin board of the Family Court.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 9 (Provisions to be Applied Mutatis Mutandis)
Except as otherwise expressly provided for in this Act, the provisions concerning missing persons prescribed by the Family Litigation Act shall apply mutatis mutandis to the adjudication procedures for absentee declarations or revocation thereof: Provided, That this shall not apply to absentee declarations and revocation thereof.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 10 (Reporting on Absentee Declarations, etc.)
The provisions concerning missing persons prescribed by the Act on the Registration, etc. of Family Relationship shall apply mutatis mutandis to reporting on absentee declarations or revocation thereof.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 11 Deleted.<by Act No. 9837, Dec. 29, 2009>
 Article 12 Deleted.<by Act No. 9837, Dec. 29, 2009>
 Article 13 Deleted.<by Act No. 9837, Dec. 29, 2009>
 Article 14 (Exemption from Bearing Costs)
Costs for an absentee declaration made pursuant to this Act shall be exempted.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 15 (Penal Provisions)
A person falling under any of the following subparagraphs shall be punished by imprisonment for a definite term of not less than one year:
1. A person who is issued a certificate of remaining person pursuant to Article 7 by deceit or fraudulent means;
2. A person who forges or alters a certificate of remaining person pursuant to Article 7 for the purpose of using it;
3. A person who fraudulently prepares or falsifies a certificate of remaining person pursuant to Article 7 for the purpose of using it;
4. A person who uses a document under subparagraphs 1 through 3.
[This Article Wholly Amended by Act No. 9837, Dec. 29, 2009]
 Article 16 Deleted.<by Act No. 6437, Mar. 28, 2001>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Precedents shall apply to a case of declaration of a missing person pending at the court as at the time this Act enters into force.
ADDENDUM<Act No. 1998, Mar. 18, 1968>
This Act shall enter into force on January 17, 1968.
ADDENDUM<Act No. 6437, Mar. 28, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 9837, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.