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ACT ON SPECIAL CASES CONCERNING THE ESTABLISHMENT, CORRECTION AND ADJUSTMENT OF THE FAMILY RELATION REGISTER FOR KOREAN NATIONALS RESIDING ABROAD

Act No. 8435, May 17, 2007

Amended by Act No. 10206, Mar. 31, 2010

Act No. 11690, Mar. 23, 2013

Act No. 13124, Feb. 3, 2015

 Article 1 (Purpose)
The purpose of this Act is to stipulate special cases concerning procedures for the establishment, correction and adjustment of family relation registers for Korean nationals residing abroad.
[This Article Wholly Amended by Act No. 10206, Mar. 31, 2010]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "Korean nationals residing abroad" means Korean nationals who are registered in accordance with the provisions of the Registration of Korean Nationals Residing Abroad Act;
2. The terms "registration", "register" and "certified copy of register" mean registration, register and certified copy of register, as respectively provided for in the Registration of Korean Nationals Residing Abroad Act;
3. The terms "registration of an alien" and "permanent residency" mean registration and residence qualifications pursuant to Acts and subordinate statutes of a residing country which prescribe for the registration of an alien, residence qualifications, etc.
[This Article Wholly Amended by Act No. 10206, Mar. 31, 2010]
 Article 3 (Application, etc. for Permission of Establishment, Correction or Adjustment of Family Relation Registers)
(1) Where a Korean national residing abroad who has no place of register or whose place of register is unknown intends to establish a family relation register, he/she shall establish a place of register pursuant to the following subparagraphs and submit an application for permission of establishment of a family relation register to the head of a diplomatic or consular mission abroad having jurisdiction over the place of his/her residence: Provided, That the applicant may submit an application for permission of establishment of a family relation register directly to the family court, or the head of a Si/Gu/Eup/Myeon having jurisdiction over the place of register determined by him/her, for the sake of applicant's convenience:
1. Where the place of register on the family relation register is the area south of the Military Demarcation Line of Korea: The place of register thereof;
2. Where the place of register on the family relation register is the area north of the Military Demarcation Line of Korea: The place of register selected in the area south of the Military Demarcation Line of Korea.
(2) Where records on the family relation register of the person who has a place of register require corrections or adjustments, the interested party shall submit the documents under the following classifications to the head of a diplomatic or consular mission abroad having jurisdiction over the place of residence: Provided, That the interested party may submit the documents under the following classifications directly to the family court, or the head of a Si/Gu/Eup/Myeon having jurisdiction over the place of the applicant's register (including a family relation registrar of the Overseas Koreans Family Register Office), for the sake of convenience: <Amended by Act No. 13124, Feb. 3, 2015>
1. Where intending to correct an error or omission on the family relation register, if any: An application for correction of the family relation register;
2. Where a person who should be entered into or removed from the family relation register on account of birth, recognition, adoption, marriage, death, etc. among the matters to be reported or applied for under the Act on the Registration, etc. of Family Relationships, has not been adjusted: An application for adjustment of the family relation register.
(3) Where an application for adjustment of a family relation register is filed under paragraph (2), the applicant shall state in the application the matters concerning the status of a person to be entered into or removed from the family relation register and the purport of such adjustment, and shall affix his/her signature thereto.
[This Article Wholly Amended by Act No. 10206, Mar. 31, 2010]
 Article 4 (Attached Documents)
(1) Each of the following documents shall be attached to an application for permission of establishment of a family relation register: <Amended by Act No. 10206, Mar. 31, 2010>
1. An identification card;
2. A certified copy of the register;
3. A copy of a permanent resident card issued by the residing country (limited to those having permanent residency) or a certified copy of alien registration issued by the residing country.
(2) Deleted. <by Act No. 7427, Mar. 31, 2005>
(3) Each of the following documents shall be attached to an application for permission of correction of a family relation register or an application for adjustment of a family relation register: <Amended by Act No. 10206, Mar. 31, 2010>
1. A certified copy of the register;
2. A copy of a permanent resident card issued by the residing country (limited to those having permanent residency) or a certified copy of alien registration issued by the residing country;
3. A statement of reason (only applicable to an application for adjustment of a family relation register).
 Article 5 (Processing Application)
(1) The head of a diplomatic or consular mission abroad who has received an application for permission of establishment or correction of a family relation register shall, without delay, forward such application to the family court having jurisdiction over the place where the applicant intends to establish his/her family relation register, or the place of register where he/she intends to correct his/her family relation register, through the Minister of Foreign Affairs: Provided, That if it has been confirmed that errors or omissions exist in the entries of a family relation register, the head of the diplomatic or consular mission abroad may directly transmit the application for correction of a family relation register to the family relation registrar of the Overseas Koreans Family Register Office, attaching a certificate of investigation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13124, Feb. 3, 2015>
(2) The family court which has received an application for permission of establishment or correction of a family relation register shall entrust the head of a Si/Gu/Eup/Myeon having jurisdiction over the place of register to investigate the existence of the family relation register or the existence of errors in its entries.
(3) The head of a Si/Gu/Eup/Myeon entrusted pursuant to paragraph (2) shall conduct an investigation without delay and inform the family court of the results thereof.
(4) Where a family court has permitted the establishment or correction of a family relation register, it shall forward a certified copy of the court decision to the head of a Si/Gu/Eup/Myeon having jurisdiction over the place of the establishment of the family relation register or the place of register, and where a family court has not permitted the establishment or correction of a family relation register, it shall forward, through the Minister of Foreign Affairs and the head of the relevant diplomatic or consular mission abroad, a statement of reason therefor and a certified copy of the court decision, to the applicant. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The head of a diplomatic or consular mission abroad who has received an application for adjustment of a family relation register shall, without delay, forward the application to the family relation registrar of the Overseas Koreans Family Register Office, through the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13124, Feb. 3, 2015>
(6) The transmission of documents under the proviso to paragraph (1) and paragraph (5) may be conducted using a computerized information processing system in accordance with the Supreme Court Regulations. In such cases, the preservation of the original documents and other necessary matters shall be prescribed by the Supreme Court Regulations. <Newly Inserted by Act No. 13124, Feb. 3, 2015>
[This Article Wholly Amended by Act No. 10206, Mar. 31, 2010]
 Article 6 (Compilation, etc. of Family Relation Register)
(1) Where the head of a Si/Gu/Eup/Myeon (including a family relations registrar of the Overseas Koreans Family Register Office) has received a certified copy of permission of the establishment or correction of a family relation register from a family court, or has received an application for permission of correction of a family relation register accompanied with a certificate of investigation issued by the head of a diplomatic or consular mission abroad, he/she shall compile or correct the family relation register without delay and forward, through the Minister of Foreign Affairs and the head of the diplomatic or consular mission abroad, a certified copy thereof to the applicant within five days. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13124, Feb. 3, 2015>
(2) Where the head of a Si/Gu/Eup/Myeon (including a family relations registrar of the Overseas Koreans Family Register Office) who has received an application for adjustment of a family relation register directly from an applicant or through the head of a diplomatic or consular mission abroad is able to adjust the family relation register pursuant to the Act on the Registration, etc. of Family Relationships, he/she shall, without delay, adjust the family relation register and forward a certified copy thereof to the applicant within five days, either directly in cases of a direct application or through the Minister of Foreign Affairs or the head of the diplomatic or consular mission abroad in cases of the application made through him/her: Provided, That if any ground making it impossible to adjust a family relation register exists, the head of a Si/Gu/Eup/Myeon shall return a statement of reason therefor and the application to the applicant, either directly or through the Minister of Foreign Affairs or the head of a diplomatic or consular mission abroad. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13124, Feb. 3, 2015>
[This Article Wholly Amended by Act No. 10206, Mar. 31, 2010]
 Article 7 (Bearing Expenses)
Expenses incurred in the establishment, correction or adjustment of a family relation register and delivery services thereof under this Act shall be borne by the State or a local government.
[This Article Wholly Amended by Act No. 10206, Mar. 31, 2010]
 Article 8 Deleted. <by Act No. 6309, Dec. 29, 2000>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Deleted. <by Act No. 6309, Dec. 29, 2000>
ADDENDA <Act No. 2824, Dec. 31, 1975>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1976.
(2) (Transitional Measures) The cases pending in the district court as at the time this Act enters into force shall be governed by the former provisions.
ADDENDUM <Act No. 3285, Dec. 18, 1980>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3791, Sep. 14, 1985>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4267, Dec. 26, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6309, Dec. 29, 2000>
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. 10206, Mar. 31, 2010>
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. 13124, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 and 3 Omitted.