Law Viewer

Back Home

LOST ARTICLES ACT

Act No. 717, Sep. 18, 1961

Amended by Act No. 4876, Jan. 5, 1995

Act No. 5935, Mar. 31, 1999

Act No. 7247, Dec. 23, 2004

Act No. 7849, Feb. 21, 2006

Act No. 10747, May 30, 2011

Act No. 12210, Jan. 7, 2014

 Article 1 (Management of Articles Found)
(1) A person who has found an article lost by another person shall promptly return it to the person who lost it or the owner thereof, or a person who has the right to claim the return of the article, or submit it to a police station (including police offices belonging thereto, such as a police precinct office, police substation, etc.; hereinafter the same shall apply) or an office of the autonomous police organization (hereinafter referred to as "autonomous police organization") in Jeju Special Self-Governing Province: Provided, That he/she shall promptly submit an article prohibited from possessing or carrying by law or deemed to have been used for a Criminal Act to a police station or the autonomous police organization.
(2) Where an article is submitted to a police station, the chief of the police station shall return it to a person to whom the article is returned, and where an article is submitted to the autonomous police organization, the Governor of Jeju Special Self-Governing Province shall return it to a person to whom the article is returned. In such cases, where he/she is unable to ascertain the name or domicile of a person to whom an article is returned, he/she shall make an official announcement, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 1-2 (Formulation of Policies, Such As Integrated Management, etc. of Information on Lost Articles)
The State shall formulate related policies, such as the integrated management of information on lost articles, so that lost articles may be returned readily.
[This Article Newly Inserted by Act No. 10747, May 30, 2011]
 Article 2 (Methods of Safekeeping)
(1) Where an article safekept is likely to be destroyed or damaged, or incurs an excessive expense or inconvenience in the safekeeping thereof, the chief of a police station or the Governor of Jeju Special Self-Governing Province who has established the autonomous police organization may sell it by methods prescribed by Presidential Decree.
(2) Expenses incurred in sale shall be covered by the proceeds from such sale.
(3) Any proceeds remaining after deducting the expenses incurred in sale shall be retained as deemed an article found.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 3 (Bearing of Expenses)
A person to whom an article is returned or a person to whom an article is handed over by acquiring the ownership thereof, shall bear expenses incurred in safekeeping, making official announcement of the article found and other expenses incurred, and the provisions of Articles 321 through 328 of the Civil Act shall apply thereto.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 4 (Compensation)
A person to whom an article is returned shall pay a finder compensation within the extent of not less than 5 percent but not more than 20 percent of the value of the article: Provided, That the State, a local government and other public institutions prescribed by Presidential Decree shall not claim compensation.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 5 (Value of Articles Sold)
The proceeds from sale of an article sold pursuant to Article 2 shall be the value of the article.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 6 (Deadline for Filing Claims for Expenses and Compensation)
No claim for expenses under Article 3 and compensation under Article 4 can be filed if one month has passed after an article was returned.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 7 (Waiver of Rights by Finders)
A finder may waive all of his/her rights to an article found by reporting in advance and may not assume his/her duty.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 8 (Waiver of Rights by Persons who Lost Article)
(1) A person to whom an article is to be returned may waive his/her right and choose not to assume his/her duty to reimburse expenses under Article 3 and pay compensation under Article 4.
(2) Where a right holder to whom an article is to be returned waives his/her right, the finder shall acquire ownership in such article: Provided, That the finder may waive the right he/she has acquired and follow an example under paragraph (1).
(3) No finder of an article prohibited from possessing or carrying by law can acquire ownership therein: Provided, That in cases of an article, the possession or carrying of which is exceptionally permitted upon permission or a lawful disposition by an administrative agency, the finder thereof or an person who has a right to file a claim may possess or carry such article by obtaining permission or a lawful disposition within the period under Article 14.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 9 (Loss of Finder's Rights)
A person who has been punished by embezzling an article found or other article to which this Act is applied mutatis mutandis, and a person who fails to take procedures under Article 1 (1) or 11 (1) within seven days from the date he/she has found any lost article shall lose his/her right to be reimbursed expenses under Article 3 and to receive compensation under Article 4, and a right to acquire ownership in an article found.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 10 (Findings in Ships, Automobiles, Buildings)
(1) A person who finds another person's article in a ship, automobile or building, the manager of which exists, or other premises off-limits to the general people shall hand over such article to the manager.
(2) In cases falling under paragraph (1), an occupant of a ship, automobile, building, etc. shall be deemed the finder. The same shall also apply where a person finds another person's article in the place he/she manages.
(3) For the purpose of this Article, an occupant under paragraph (2) and a person who actually finds an article shall split compensation half and half.
(4) Where a person acquires ownership pursuant to Article 253 of the Civil Act, the finder under paragraph (2) and the virtual finder under paragraph (1) shall acquire the ownership by splitting it half and half. In such cases, an article found shall be handed over to the finder under paragraph (2).
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 11 (Finding of Stolen Articles)
(1) A person who finds an article deemed left by a criminal shall promptly submit such article to a police station.
(2) Except for articles to be confiscated as prescribed by Acts, this Act and Article 253 of the Civil Act shall apply mutatis mutandis to articles under paragraph (1): Provided, That only when there is no person to whom an article is returned for six months from the date the statute of limitations for prosecution expires, the finder shall acquire the ownership. <Amended by Act No. 12210, Jan. 7, 2014>
(3) If necessary to investigate a crime, the chief of a police station may choose not to make a public announcement by the date on which a right to institute is extinguished.
(4) When there are good grounds upon which an article found that was submitted pursuant to paragraph (1) is not deemed a stolen article, and such article has no property value or is deemed discarded by another person, the chief of a police station may return it to the finder.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 11-2 Deleted. <by Act No. 5935, Mar. 31, 1999>
 Article 12 (Semi-Lost Articles)
This Act and Article 253 of the Civil Act shall apply mutatis mutandis to articles possessed in error, and articles left or animals lost by another person: Provided, That the cost under Article 3 and the compensation under Article 4 shall not be claimed for an article possessed in error.
<This Article Wholly Amended by Act No. 10747, May 30, 2011>
 Article 13 (Buried Property)
(1) Except for Article 10, this Act shall apply mutatis mutandis to buried property.
(2) Where buried property is an article prescribed by Article 255 of the Civil Act, the State shall notify a person who has found the buried property and the owner of land where buried property has been found, and pay each of them a half of the amount equivalent to the value thereof from the National Treasury: Provided, That a person who has found buried property and the owner of land where buried property has been found is the same person, the State shall pay him/her the full amount thereof.
(3) A person dissatisfied with the amount under paragraph (2) may institute a civil suit within six months from the date he/she is notified thereof.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 14 (Loss of Ownership of Articles not Collected)
A person who acquires ownership in an article in accordance with this Act and Articles 253 and 254 of the Civil Act fails to collect such article from a police station or the autonomous police organization within three months from the date he/she acquires the ownership, he/she shall lose the ownership. <Amended by Act No. 12210, Jan. 7, 2014>
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 15 (Reversion of Unclaimed Articles)
Where no person claims the collection of an article retained by a police station or the autonomous police organization in accordance with this Act, the ownership therein shall vest in the National Treasury or the Treasury of Jeju Special Self-Governing Province.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
 Article 16 (Provision of Information on Lost Articles via Internet)
The Commissioner of National Police Agency shall provide the people with the information on lost articles managed by the chiefs of police stations and the chief of the autonomous police organization on the Internet homepage, etc.
[This Article Wholly Amended by Act No. 10747, May 30, 2011]
ADDENDA
(1) This Act shall enter into force 90 days after the date of its promulgation.
(2) The former Acts and subordinate statutes shall apply to lost articles as at the time this Act enters into force.
(3) Matters concerning lost articles and other articles in Regulations No. 23 in 4245 in the Dangun Era and matters concerning the enforcement of regulations on lost articles and other articles in Ordinance No. 97 of the Japanese Government General of Korea in 4245 in the Dangun Era are hereby repealed.
ADDENDUM <Act No. 4876, Jan. 5, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5935, Mar. 31, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7247, Dec. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 10747, May 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12210, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of the proviso to Article 11 (2) and Article 14 shall apply starting with the first lost article submitted to a police station or an autonomous police organization in Jeju Special Self-Governing Province after this Act enters into force.