Law Viewer

Back Home

ACT ON NOTARIAL ACTS DONE AT DIPLOMATIC MISSIONS ABROAD

Act No. 1479, Dec. 7, 1963

Amended by Act No. 4603, Dec. 27, 1993

Act No. 7427, Mar. 31, 2005

Act No. 8852, Feb. 29, 2008

Act No. 9879, Dec. 30, 2009

Act No. 11690, Mar. 23, 2013

Act No. 14405, Dec. 20, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Application)
Matters concerning notarial acts performed outside the territory of the Republic of Korea shall be handled in accordance with this Act.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 2 (Persons in Charge of Notarial Services)
(1) Matters concerning notarial acts referred to in Article 1 (hereinafter referred to as "notarial services") shall be handled by the consul-generals, consuls, and vice-consuls (hereinafter referred to as "consuls in charge of notarial services") working in the Republic of Korea’s diplomatic missions abroad (hereinafter referred to as "diplomatic missions"), who are appointed by the Minister of Foreign Affairs and Trade. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Where the Minister of Foreign Affairs and Trade has appointed consuls in charge of notarial services, he/she shall report their names to the Minister of Justice. The same shall apply where there is a relocation of the consuls in charge of notarial services. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14405, Dec. 20, 2016>
(3) The consuls in charge of notarial services shall receive education concerning notarial services as prescribed by Presidential Decree. <Newly Inserted by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 3 (Powers and Duties of Consuls in Charge of Notarial Services)
(1) Consuls in charge of notarial services shall, within the jurisdiction of the competent diplomatic missions, handle any of the following matters upon request of the parties and other persons concerned: <Amended by Act No. 14405, Dec. 20, 2016>
1. Preparation of notarial deeds on legal acts or other facts concerning private rights;
2. Authentication of privately signed deeds;
3. Confirmation of documents relating to notarial acts.
(2) Consuls in charge of notarial services shall perform notarial services in the diplomatic missions: Provided, That this shall not apply where there are reasons prescribed by Presidential Decree, such as a case where performance of notarial services in the diplomatic missions is inappropriate in light of the nature of the notarial services. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 4 (Requisites for Effect of Notarial Deeds)
The notarial deeds prepared by consuls in charge of notarial services in accordance with Article 3 shall be invalid unless they meet the requirements provided for in this Act. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 5 (No Divulgence of Information)
A consul in charge of notarial services shall not disclose anything about the matters for which notarial services are requested unless otherwise provided for in any Act: Provided, That the same shall not apply where he/she has obtained the consent of the person who has requested the notarial services. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 6 (Fees)
(1) A consul in charge of notarial services may collect fees from persons who request notarial services: Provided, That, if it is deemed necessary by the chief of the diplomatic mission concerned, the fees may be remitted or reduced as determined by Presidential Decree. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Matters necessary for the fees under paragraph (1) shall be determined by Presidential Decree.
(3) The payment of fees shall be made in cash or by a certificate proving the payment in cash.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
CHAPTER II COMMON PROVISIONS ON PERFORMANCE OF DUTIES
 Article 7 (Report of Seal Impressions and Signatures)
(1) A consul in charge of notarial services shall handwrite the diplomatic mission to which he/she belongs, and his/her position and name on a report and affix a notary stamp or signature thereto, and submit it to the Minister of Foreign Affairs and Trade. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14405, Dec. 20, 2016>
(2) Where the Minister of Foreign Affairs and Trade receives the report under paragraph (1), he/she shall, without delay, notify the Minister of Justice of such fact. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 8 (Cases in which Performance of Duties is not Allowed)
Where a consul in charge of notarial services falls under any of the following, he/she shall not perform his/her duties: <Amended by Act No. 14405, Dec. 20, 2016>
1. Where the consul in charge of notarial services has interests in the matters for which notarial services are requested;
2. Where the consul in charge of notarial services is or was a relative of the person who requests notarial services, his/her agen,t or a person who otherwise has interests in the matters for which notarial services are requested;
3. Where the consul in charge of notarial services is or was an agent or assistant concerning the matters for which notarial services are requested;
4. Where the consul in charge of notarial services is a legal representative of the person who requests notarial services or his/her agent.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 9 (Duty to Accept Requests)
(1) A consul in charge of notarial services shall not reject a request for notarial services except in any of the following cases: <Amended by Act No. 14405, Dec. 20, 2016>
1. Where the matters for which notarial services are requested are contrary to or prohibited by the statutes of the Republic of Korea;
2. Where the matters for which notarial services are requested are contrary to or prohibited by the treaties or statutes of the country where the diplomatic mission concerned is stationed (hereinafter referred to as “stationed country”);
3. Where it is deemed that the relevant document will be obviously used for an illegal purpose or for the purpose of impairing the interests of the Republic of Korea.
4. Where a person who requests notarial services fails to comply with the procedures required to verify his/her identity under Article 13 (including cases to which Articles 17 (2), 22 (3), 27 and 32 apply mutatis mutandis), or his/her identity is unverifiable;
5. Where the confirmation under Articles 30 (2) and 30-2 (2) is impossible;
6. Other cases in which it is deemed that there exists a good cause to reject the request, such as where documents relating to notarial services are confirmed to have been forged.
(2) Where a consul in charge of notarial services rejects a request on a ground falling under any subparagraph of paragraph (1), he/she shall obtain approval from the chief of the competent diplomatic mission, and shall report such fact to the Minister of Foreign Affairs and Trade without delay. <Amended by Act No. 14405, Dec. 20, 2016>
(3) A consul in charge of notarial services who rejects a request for notarial services on a ground falling under any subparagraph of paragraph (1) shall notify the person who has requested the notarial services or his/her agent of the relevant ground. <Newly Inserted by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 9-2 (Objections)
(1) A person who has requested notarial services or an interested party in the subject of the requested notatization may file an objection to rejection of his/her request by a consul in charge of notarial services with the Minister of Foreign Affairs and Trade within one month from the date of receiving a notice of rejection under Article 9 (3).
(2) Matters necessary for the procedures for and method of the objection under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14405, Dec. 20, 2016]
 Article 10 (Title Used in Deed)
Where a consul in charge of notarial services prepares a document concerning notarial services, he/she shall use the official title designated for such purpose. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 11 (Matters to be Indicated upon Affixation of Signature)
Where a consul in charge of notarial services affixes his/her signature in connection with notarial services, he/she shall without failure state his/her official title and the diplomatic mission to which he/she belongs. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
CHAPTER III PREPARATION OF NOTARIAL DEED
 Article 12 (Language)
Notarial deeds shall be prepared in the Korean language: Provided, That, if necessary, translation copies in English or the national language of the stationed country may be attached.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 13 (Verification of Persons who Request Notarial Services)
(1) Where a consul in charge of notarial services prepares a notarial deed, he/she shall verify the identity of the person who has requested notarial services by requiring him/her to submit a passport or any other certificate with a photo on it issued by an administrative agency of the Republic of Korea. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Where a consul in charge of notarial services is unable to verify the identity of the person who has requested notarial services pursuant to paragraph (1), he/she shall verify the identity by any of the following methods: <Amended by Act No. 14405, Dec. 20, 2016>
1. Requiring two sponsors whose identities are verified to certify that he/she knows the pperson in question to be the person who has requested notarial services;
2. Requiring the relevant person to submit personal identification, etc. issued by the stationed country;
3. Other reliable methods equivalent to subparagraph 1 or 2.
(3) Deleted. <by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 14 (Contents of Notarial Deed)
(1) Where a consul in charge of notarial services prepares a notarial deed, he/she shall include the statements heard, facts witnessed, and other facts experienced and the methods of the experience. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Matters concerning the form of a notarial deed and matters to be included in a notarial deed shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 15 (Interpreter)
Where a person who has requested notarial services does not understand the Korean language, or is deaf or mute and thus neither speaks nor understands letters, a consul in charge of notarial services may engage an interpreter for preparation of a notarial deed. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 16 (Observer)
Where a person who has requested notarial services is blind or does not understand letters, a consul in charge of notarial services may allow an observer to be present when a notarial deed is prepared. The same shall apply where a person who has requested notarial services requests the presence of an observer. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 17 (Request by an Agent)
(1) Where a consul in charge of notarial services prepares a notarial deed upon request of an agent, a document verifying the power of attorney prescribed by Presidential Decree shall be submitted. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Where a request for notarial services is made by an agent, Articles 13, 15 and 16 shall apply mutatis mutandis to verification of the identity of the agent, engagement of interpreters, and presence of observers. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 18 (Notarial Acts of Juristic Acts Requiring Approval or Consent)
Where a consul in charge of notarial services prepares a notarial deed concerning legal acts requiring approval or consent of a third party, a document verifying that such approval or consent has been obtained shall be submitted. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 19 (Selection and Qualification of Interpreter and Observer)
(1) An interpreter and observer shall be selected by the person who has requested notarial services or his/her agent.
(2) An observer may also serve as an interpreter.
(3) No consul in charge of notarial services shall serve as an interpreter for the person who has requested notarial services. <Amended by Act No. 14405, Dec. 20, 2016>
(4) No person falling under any of the following shall be an observer: Provided, That the same shall not apply where the person who has requested notarial services requests the presence of any of the following persons as an observer in accordance with the latter part of Article 16: <Amended by Act No. 14405, Dec. 20, 2016>
1. A minor;
2. A person who cannot write his/her signature;
3. A person who has interests in the matters for which notarial services are requested;
4. A person who is or was an agent or assistant concerning the matters for which notarial services are requested;
5. A relative, legal representative, or employe or domestic partner of the consul in charge of notarial services;
6. A person who is blind or does not understand letters.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 20 Deleted. <by Act No. 4603, Dec. 27, 1993>
 Article 21 (Ledgers of Notarial Deeds)
A consul in charge of notarial services shall prepare ledgers of notarial deeds. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 22 (Issuance of Authentic Copies of Notarial Deeds)
(1) A person who has requested notarial services or his/her successor may request issuance of an authentic copy of the notarial deed concerned.
(2) A consul in charge of notarial services shall write each of the following facts on the authentic copy of the notarial deed and affix his/her signature and seal thereto: <Amended by Act No. 14405, Dec. 20, 2016>
1. The whole text of the deed;
2. The fact that the copy made is an authentic copy;
3. The name of the person who has requested the issuance thereof;
4. The date and place of preparation of the deed.
(3) Articles 13 and 17 shall apply mutatis mutandis where the consul in charge of notarial services prepares authentic copies. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 23 (Indication of Issuance as Authentic Copy)
Where a consul in charge of notarial services issues an authentic copy of a notarial deed, he/she shall write, at the end of the notarial deed, the fact that he/she has issued the authentic copy to the person who has requested notarial services or his/her successor and the date of the issuance, and affix his/her signature and seal thereto. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 24 (Issuance of Certified Copies)
(1) A person who has requested notarial services or a person who proves that he/she has legal interests in the contents of a notarial deed may request issuance of a certified copy of the notarial deed or related documents.
(2) A consul in charge of notarial services shall write the following matters on the certified copy and affix his/her signature and seal thereto: <Amended by Act No. 14405, Dec. 20, 2016>
1. The whole text of the relevant notarial deed;
2. The fact that the copy is a certified copy;
3. The date and place of preparation of the certified copy.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
CHAPTER IV AUTHENTICATION OF PRIVATELY SIGNED DEEDS
 Article 25 (Method of Authentication)
(1) To authenticate a privately signed deed, a consul in charge of notarial services shall require a person who requests notarial services or his/her agent to do any of the following acts in the presence of the consul in charge of notarial services, and then write such fact on the deed: <Amended by Act No. 14405, Dec. 20, 2016>
1. Affixation of a signature or seal to the privately signed deed in person by the person who requests notarial services;
2. Confirmation of the signature or seal affixed to the privately signed deed, by the person who requests notarial services or his/her agent.
(2) To authenticate a privately signed deed as a certified copy, a consul in charge of notarial deeds shall compare the copy with the privately signed deeds, confirm that the copy is a true and exact copy of the original, and then record such fact on the deed. <Amended by Act No. 14405, Dec. 20, 2016>
(3) To authenticate minutes of a corporation, a consul in charge of notarial services shall, upon request by the quorum or more required for a resolution among those who voted for the relevant resolution or their agent, hear their statement testifying to the truth of what is written on the minutes; require the persons who request notarial services or their agent to confirm the signatures, or names and seals affixed to the minutes before the consul in charge of notarial services; and then record such fact on the deed. <Newly Inserted by Act No. 14405, Dec. 20, 2016>
(4) To authenticate articles of incorporation, a consul in charge of notarial services shall require the person who requests notarial services or his/her agent to certify that the incorporators signed or affixed their names and seals to each copy of the articles of incorporation submitted, in the presence of the consul in charge of notarial services, and then record such fact on the deed. <Newly Inserted by Act No. 14405, Dec. 20, 2016>
(5) To authenticate a translated document, a consul in charge of notarial services shall require the person who requested notarial services or his/her agent to state under oath that the translation is true to the original in the presence of the consul in charge of notarial services, and to sign or affix a seal to the deed, and then record such fact on the deed. <Newly Inserted by Act No. 14405, Dec. 20, 2016>
(6) Where there is an insertion, deletion, revision of letters, mention of letters outside the designated columns, other forms of correction or damage, or where there are any apparently questionable points, such situation shall be included in the certificate of authentication.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 26 (Issuance, etc. of Deeds)
(1) When a consul in charge of notarial services authenticates a document under Article 25, the authentication shall be placed in a margin of the document, and if the document does not have a margin, he/she shall prepare a separate deed and combine it with the document to issue them as one deed. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Except otherwise expressly provided for in paragraph (1), detailed matters concerning issuance, etc. of deeds shall be prescribed by Presidential Decree. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 27 (Languages, etc. Used for Authentication of Privately Signed Deeds)
Articles 12 and 13, and 15 through 19 shall apply mutatis mutandis to authentication of privately signed deeds.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 28 (Preparation of Ledger of Authentication)
A consul in charge of notarial services shall prepare ledgers of authentication. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 29 (Confirmation of Understanding)
(1) A consul in charge of notarial services shall authenticate a privately signed deed after confirming that a person who has requested authentication understands the contents of the privately signed deed that he/she has prepared. <Amended by Act No. 14405, Dec. 20, 2016>
(2) Where a person who has requested authentication cannot understand letters or misunderstands the contents of the privately signed deed concerned and its legal effect, a consul in charge of notarial services shall authenticate the privately signed deed after fully explaining the contents and effects and obtaining the consent of the person who has requested authentication. <Amended by Act No. 14405, Dec. 20, 2016>
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
CHAPTER V CONFIRMATION OF DOCUMENTS
 Article 30 (Confirmation of Official Document, etc. of Stationed Country)
(1) A consul in charge of notarial services may confirm the authenticity of a seal impression and signature affixed to a document issued by a public official of the stationed country or notarized by a notary public of the stationed country, and the position of the public official or notary public concerned: Provided, That if the stationed country is a member state of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (hereinafter referred to as the "Apostille Convention"), the consul in charge of notarial services shall comply with the Apostille Convention. <Amended by Act No. 14405, Dec. 20, 2016>
(2) For the confirmation under the main sentence of paragraph (1), a consul in charge of notarial services shall compare the seal impression or signature and position of the public official or notary public with a signature ledger prescribed by Presidential Decree: Provided, That in any of the following cases, such confirmation shall be made by verifying it in person at a relevant agency of the stationed country: <Amended by Act No. 14405, Dec. 20, 2016>
1. Where the seal or signature, and the position of the public official are not in the signature ledger;
2. Where the seal or signature, and the position of the notary public are not in the signature ledger;
3. Where a national agency of the Republic of Korea requests the relevant agency of the stationed country to verify it in person.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 30-2 (Confirmation of Documents for Submission to Administrative Agencies)
(1) A consul in charge of notarial services may confirm one of the following facts for documents prescribed by Presidential Decree, which are for submission to an administrative agency of the Republic of Korea:
1. That the document has been issued in an area under the jurisdiction of the consul in charge of notarial services;
2. That the document has been via the diplomatic mission pursuant to the relevant statutes.
(2) For the confirmation under paragraph (1), the consul in charge of notarial services shall require the person who requests notarial services to submit relevant evidentiary materials, or shall verify the relevant fact in person with a relevant agency of the stationed country, or by any other relevant method.
[This Article Newly Inserted by Act No. 14405, Dec. 20, 2016]
 Article 31 (Issuance, etc. of Written Confirmations)
(1) Where a consul in charge of notarial services confirms a document in accordance with Articles 30 and 30-2, such confirmation shall be placed in a margin of the document, and if there is no margin, he/she shall prepare a separate written confirmation and combine it with the document to issue them as one document. <Amended by Act No. 14405, Dec. 20, 2016>
(2) The method of confirmation to be placed in a margin and the forms of written confirmations under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 32 (Languages, etc. Used for Confirmation of Documents)
Articles 12 and 13 shall apply mutatis mutandis to languages to be used and verification of a person who requests notarial services in cases of confirmation under Articles 30 and 30-2.
[This Article Wholly Amended by 14405, Dec. 20, 2016]
 Article 32-2 (Preparation of Ledger of Confirmation)
A consul in charge of notarial services shall prepare ledgers of confirmation prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14405, Dec. 20, 2016]
 Article 33 (Relation with the Notary Public Act)
Except as otherwise provided for in this Act, the provisions of the Notary Public Act shall apply to notarial services.
[This Article Wholly Amended by Act No. 9879, Dec. 30, 2009]
 Article 34 Deleted. <by Act No. 9879, Dec. 30, 2009>
ADDENDUM
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Act No. 4603, Dec. 27, 1993>
This Act shall enter into force on January 1, 1994.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... the provisions of Article 7 of the ADDENDA (excluding paragraphs (2) and (29)) shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9879, Dec. 30, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14405, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Objections)
The amended provisions of Article 9-2 shall also apply to cases where a notice of rejection of a request for notarial services was received before this Act enters into force, and one month has not elapsed from the date of such notice as at the time this Act enters into force.
Article 3 (Applicability to Preparation of Ledger of Confirmation)
The amended provisions of Article 32-2 shall apply to documents confirmed on or after this Act enters into force.
Article 4 (Transitional Matters concerning Modification of Term Referring to Persons in charge of Notarial Services)
Services performed by a consular official, such as preparation, authentication or confirmation of notarial deeds, etc. before this Act enters into force shall be deemed services performed by a consul in charge of notarial services under the amended provisions of Article 2 (1).
Article 5 Omitted.