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GUARDIANSHIP REGISTRATION ACT

Act No. 11732, Apr. 5, 2013

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters related to registering adult guardianship, limited guardianship, specific guardianship, and guardianship contracts provided for in the Civil Act.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "guardianship register" means information and data related to any of the following registrations (hereinafter referred to as "guardianship registration") into which such information and data have been entered and processed by an electronic data processing system and compiled as prescribed by the Supreme Court Regulations:
(a) Registering adult guardianship;
(b) Registering limited guardianship;
(c) Registering specific guardianship;
(d) Registering guardianship contracts;
2. The term "duplicated data on guardianship register" means the same data recorded in an auxiliary storage device as on the guardianship register;
3. The term "records of guardianship registration" means registered data on a person under adult guardianship; a person under limited guardianship; or a person under specific guardianship (hereinafter referred to as "person under adult guardianship, etc."); or the mandator of a guardianship contract (hereinafter referred to as "principal of a guardianship contract");
4. The term "guardianship registration officer" means a person who handles guardianship registration affairs, designated by the chief of a family court from among the court clerical officials of Grade IV, court clerical officials of Grade V, court administrative officers or junior court administrative officers of a family court.
 Article 3 (Time of Receipt of Application for Registration and Time of Effect of Registration)
(1) An application for registration shall be deemed received when the information applied for registration under the Supreme Court Regulations is stored in an electronic data processing system. In such cases, the receipt number shall be allocated according to the order of storage.
(2) Where a guardianship registration officer completes registration, such registration shall take effect as of the time it is received.
CHAPTER II COMPETENT COURT AND GUARDIAN REGISTRATION OFFICER
 Article 4 (Jurisdiction over Guardianship Registration)
The family court prescribed by the Supreme Court Regulations shall be in charge of guardianship registration affairs.
 Article 5 (Delegating Jurisdiction)
In a natural disaster, destruction by fire, or similar cause, the Chief Justice of the Supreme Court may have a family court delegate the affairs under its jurisdiction to another family court.
 Article 6 (Changing Jurisdiction)
When the court having jurisdiction over guardianship registration is changed to another court, the former competent court shall take measures to transfer its authority to handle the register of the persons under adult guardianship, etc. or the principals of guardianship contracts, to the other court using an electronic data processing system.
 Article 7 (Suspending Guardianship Registration Affairs)
If a family court receives a case to suspend guardianship registration affairs due to a natural disaster, destruction by fire, or any other similar cause, the Chief Justice of the Supreme Court may order such family court to suspend guardianship registration affairs, fixing a period.
 Article 8 (Handling Guardianship Registration Affairs)
(1) Guardianship registration affairs shall be handled by a guardianship registration officer of the competent family court.
(2) A guardianship registration officer shall process guardian registration affairs by recording the matters to be registered in the guardianship register using an electronic data processing system.
(3) When a guardianship registration officer has processed guardianship registration affairs using an electronic data processing system, measures shall be taken to enable people to verify the guardianship registration officer who has processed the guardianship registration affairs, such as by recording the identification code of the guardianship registration officer, as prescribed by the Supreme Court Regulations.
(4) No current or former guardianship registration officer or person who manages guardianship register, etc. shall not divulge any confidential information that he/she becomes aware of in the course of performing his/her duties, without any justifiable ground.
(5) A guardianship registration officer shall complete registration in order of receipt number.
 Article 9 (Restricting Performance of Duties of Guardianship Registration Officers)
(1) Where a guardianship registration officer, his/her spouse, or his/her cousin or closer relative is under adult guardianship, etc. or the principal of a guardianship contract, such guardianship registration officer shall not process any registration unless at least two adults other than his/her spouse or his/her cousins or closer relatives participate therein. This shall also apply even after the relative relations are terminated.
(2) In cases falling under paragraph (1), a guardianship registration officer shall prepare a report on the relevant fact; and shall place his/her name and seal it or affix his/her signature thereon together with those of the persons who have participated in the registration.
 Article 10 (Financial Guarantee)
The Chief of the Office of Court Administration may determine and manage matters concerning the financial guarantee provided by a guardianship registration officer.
CHAPTER III GUARDIANSHIP REGISTER, ETC.
 Article 11 (Guardianship Register)
(1) A guardianship register shall be prepared by classifying the computerized information data entered in and processed by an electronic data processing system, under each person’s name under adult guardianship, etc. or each principal of guardianship contract.
(2) A guardianship register shall be preserved permanently.
(3) A guardianship register shall be kept and managed at a place prescribed by the Supreme Court Regulations; and shall not be relocated from such place, except for evading a war, natural disaster, or similar situation.
(4) No written application for registration, written entrustment for registration, or any other supplementary document (hereinafter referred to as "written application for registration, etc.") shall be relocated from the family court except for evading a war, natural disaster, or any other similar situation. Provided, That this shall not apply where an order or entrustment is issued by the court to relocate it or it is confiscated by a warrant issued by a judge.
 Article 12 (Duplicating Data as Guardian Register)
Upon completing any registration, the guardianship registration officer shall duplicate the data as a guardian register.
 Article 13 (Damage and Recovery of Guardianship Register)
(1) Where a guardianship register is, or is likely to be, damaged wholly or partially, the Chief Justice of the Supreme Court may issue an order to take necessary measures, such as measures for recovery and for preventing damage to the guardianship register, as prescribed by the Supreme Court Regulations.
(2) The Chief Justice of the Supreme Court may delegate his/her authority to issue an order to take measures under paragraph (1) to the Chief of the Office of Court Administration or the chief of a family court, as prescribed by the Supreme Court Regulations.
 Article 14 (Preventing Damage, etc. to Written Applications for Registration, etc.)
(1) If a written application for registration is likely to be damaged or lost, the Chief Justice of the Supreme Court may issue an order to take necessary measures to prevent such situation.
(2) Article 13 (2) shall apply mutatis mutandis to orders to take measures referred to in paragraph (1).
 Article 15 (Issuing, etc. Certificates of Registered Matters)
(1) Any of the following persons may request a guardianship registration officer to issue a document certifying all or some of the matters entered in the guardianship register (where no record exists, including a document certifying such purport; hereinafter referred to as "certificate of registered matters") by indicating the purpose of its use:
1. A person under adult guardianship, etc. or the principal of a guardianship contract;
2. The spouse or the first cousin or closer relative of the person referred to in subparagraph 1 (hereinafter referred to as "spouse, etc.");
3. An adult guardian, limited guardian, or specific guardian (hereinafter referred to as "adult guardian, etc.");
4. A supervisor of adult guardianship, limited guardianship, or specific guardianship (hereinafter referred to as "supervisor of adult guardianship, etc.");
5. A voluntary guardian, supervisor of voluntary guardianship, guardian of the minor, or supervisor of guardianship for the minor;
6. A person retired from a position prescribed in subparagraphs 3 through 5 (limited to records related to such person);
7. The legal representative of a person referred to in subparagraph 1 under the Civil Act, such as the executor of will or the administrator of the inherited property;
8. The State or a local government (limited to where necessary to perform its duties);
9. A person required to submit a certificate of registered matters in each stage of proceedings of a lawsuit, non-litigious case, or civil execution (limited to where a court document purports to require him/her to submit a certificate of registered matters, such as a corrective order of the court or a written inquiry);
10. A person required to submit a certificate of registered matters under any other statute;
11. Any other person who has a legitimate interest prescribed by the Supreme Court Regulations.
(2) Persons with standing to request the issuance of a certificate of registered matters related to the prior disposition referred to in Article 27 shall be prescribed by the Supreme Court Regulations.
(3) A guardianship registration officer may refuse to issue a certificate of registered matters, if the request referred to in paragraph (1) or (2) is obviously made for abuse of process, such as to infringe the privacy of the person entered on a guardianship register.
(4) A person who is issued or receives a certificate of registered matters shall not use it for other than the intended purpose of use.
(5) A request for issuance of a certificate of registered matters may be filed with any family court even if it is not the competent family court.
 Article 16 (Matters to be Entered in Certificate of Registered Matters)
(1) Matters prescribed in Articles 25 through 27 shall be entered in a certificate of registered matters.
(2) The types of, and detailed matters to be stated on, certified transcripts of registered matters shall be prescribed by the Supreme Court Regulations.
 Article 17 (Inspecting Written Application for Registration, etc.)
A person eligible to request the issuance of a certificate of registered matters may request the inspection of a written application for registration, etc. as prescribed by the Supreme Court Regulations, if there is any compelling reason.
 Article 18 (Fees)
A person who requests the issuance a certificate of registered matters or the inspection of a written application for registration, etc. shall pay a fee prescribed by the Supreme Court Regulations.
 Article 19 (Closing Records of Guardianship Registration)
(1) When any registration for termination is complete or any other cause prescribed by the Supreme Court Regulations occurs, the guardianship registration officer shall close the relevant part of the records of guardianship registration and record it in a separate auxiliary storage device unless otherwise prescribed by the statute.
(2) Closed guardianship records shall be preserved permanently.
(3) Articles 15 through 18 shall apply mutatis mutandis to closed guardianship records.
CHAPTER IV PROCEDURES FOR REGISTRATION AND MATTERS TO BE ENTERED IN GUARDIANSHIP REGISTER
 Article 20 (Registration by Entrustment or Application)
(1) No registration of guardianship shall be made without entrustment or application, unless otherwise prescribed by an Act.
(2) Except as otherwise expressly provided for in this Act or any other Act, registration of adult guardianship, limited guardianship or specific guardianship (hereinafter referred to as "adult guardianship, etc.") shall be applied by an adult guardian, etc.; and registration of a guardianship contract shall be applied by a voluntary guardian.
(3) Except as otherwise expressly provided for in a statue, provisions on registration upon application shall apply mutatis mutandis to the procedures for registration by entrustment.
 Article 21 (Methods of Applying for Registration)
(1) Applications for registration may be filed in writing or electronically using an electronic data processing system, as prescribed by the Supreme Court Regulations.
(2) Information for application and documents to be attached that the applicant is required to provide shall be prescribed by the Supreme Court Regulations.
 Article 22 (Rejecting Application)
In any of the following cases, a guardianship registration officer shall reject the application by making a determination indicating the grounds therefor: Provided, That this shall not apply where the guardianship registration officer has issued an order to make a correction, fixing a period, and the applicant corrects the wrong part within such period:
1. Where the case does not fall within the jurisdiction of the relevant family court;
2. Where the matter is not subject to registration;
3. Where the matter has already been registered;
4. Where a person unauthorized for application files an application;
5. Where the information for application is not provided in compliance with the manner prescribed by the Supreme Court Regulations or other statutes;
6. Where the information for application and the information proving the cause of registration do not coincide with each other;
7. Where the information to be appended for registration is not provided;
8. Where the information for application does not coincide with the matters entered in the guardianship register.
 Article 23 (Change of Administrative District)
When any administrative district or its name is changed, it shall be deemed to have completed registration for the change of the administrative district or its name entered in the records of guardianship registration.
 Article 24 (Transcription to New Records of Guardianship Registration)
Where it is necessary to transcribe records of guardianship registration for a reasonable cause such as inconvenience of handling because there are many items entered in the records of guardianship registration, a guardianship registration officer may transcribe only the currently-valid registration onto the new records of guardianship registration.
 Article 25 (Matters to be Recorded concerning Adult Guardianship, etc.)
(1) In cases of adult guardianship, etc., the following matters shall be recorded:
1. Type of guardianship, the family court which has conducted adjudication, declaratory judgment of the case, and the date the judgment became final;
2. Name, gender, date of birth, resident registration number, and place of registration of the person under adult guardianship (in cases of a foreigner, his/her nationality and foreigner registration number shall be recorded in lieu of a resident registration number and place of registration);
3. Name, resident registration number, and address or office of the adult guardian, etc. (in cases of a corporation, its name, corporate registration number, and main office shall be recorded; and in cases of a foreigner, his/her nationality and foreigner registration number shall be recorded in lieu of a resident registration number);
4. Where a supervisor of adult guardianship, etc. was appointed, his/her name, resident registration number, and address or office (in cases of a corporation, its name, corporate registration number, and main office shall be recorded; and in cases of a foreigner, his/her nationality and foreigner registration number shall be recorded in lieu of a resident registration number);
5. The following matters adjudicated by the family court regarding adult guardianship:
(a) Where the scope of irrevocable legal acts of a person under adult guardianship was adjudicated, the relevant scope; and where such scope was changed, the changed scope;
(b) Where the scope of authority of the legal representation of a person under adult guardians was adjudicated, the relevant scope; and where such scope was changed, the changed scope;
(c) Where the scope of authority of an adult guardian to determine the personal matters of a person under adult guardianship was adjudicated, the relevant scope; and where such scope was changed, the changed scope;
6. The following matters adjudged by the family court regarding limited guardianship:
(a) Where the scope of acts requiring consent from a limited guardian was adjudicated, the scope of the acts; and where such scope was changed, the changed scope;
(b) Where a limited guardian was granted the right of representation, the scope of the relevant right of representation; and where such scope was changed, the changed scope;
(c) Where the scope of the authority of a limited guardian to determine the personal matters of a person under the limited guardianship was adjudicated, the relevant scope; and where such scope was changed, the changed scope;
7. The following matters adjudicated by the family court regarding specific guardianship:
(a) Period of specific guardianship or scope of affairs;
(b) Where an order is issued to take necessary measures to support a person under specific guardianship, the details of the order;
(c) Where it was adjudicated to grant the right of representation to a specific guardian, the period and scope of such right;
(d) Where an order is issued to obtain consent from the family court or the supervisor of specific guardianship in exercising the right of representation of the specific guardian, the details of the order;
8. Where the family court adjudicated that a number of adult guardians, etc. or supervisors of adult guardianship, etc. shall exercise their authority to perform the affairs jointly or severally, the purport thereof;
9. Where adult guardianship, etc. was terminated, the causes therefor and the date of termination;
10. Other matters prescribed by the Supreme Court Regulations.
(2) If any records are prescribed in paragraph (1) 5 through 8, a guardianship registration officer shall prepare a list thereof.
(3) The list referred to in paragraph (2) shall be deemed part of the records of guardianship registration.
 Article 26 (Matters to be Recorded concerning Guardianship Contract)
(1) In cases of a guardianship contract, the following matters shall be recorded:
1. Name and affiliation of the notary public who has prepared an authentic deed relating to the guardianship contract, the serial number of the deed, and the date of preparation;
2. Name, gender, date of birth, resident registration number, and place of registration of the principal of the guardianship contract (in cases of a foreigner, his/her nationality and foreigner registration number shall be recorded in lieu of a resident registration number and place of registration);
3. Name, resident registration number, and address or office of the voluntary guardian (in cases of a corporation, its name, corporate registration number, and main office shall be recorded; and in cases of a foreigner, his/her nationality and foreigner registration number shall be recorded in lieu of a resident registration number);
4. Where the principal of a guardianship contract has determined the scope of authority of the voluntary guardian over the management of property and protection of personal matters, the relevant scope;
5. Where a supervisor of voluntary guardianship was appointed, his/her name, resident registration number, address or office (in cases of a corporation, its name, corporate registration number, and main office shall be recorded; and in cases of a foreigner, his/her nationality and foreigner registration number shall be recorded in lieu of a resident registration number), the family court that has conducted adjudication, declaratory judgment of the case, and the date the judgment became final;
6. Where the family court has adjudicated that a number of voluntary guardians or supervisors of voluntary guardianship shall exercise their authority to perform the affairs jointly or severally, the purport thereof;
7. Where the guardianship contract was terminated, the reason therefor and the date of termination;
8. Other matters prescribed by the Supreme Court Regulations.
(2) If records are prescribed in paragraph (1) 4 through 6, a guardianship registration officer shall prepare a list thereof.
(3) The list referred to in paragraph (2) shall be deemed part of the records of guardianship registration.
 Article 27 (Matters to be Recorded concerning Prior Disposition)
Where any prior disposition is made under Article 62 of the Family Litigation Act regarding an adult guardianship, etc. or a guardian ship contract, matters related thereto shall be recorded as prescribed by the Supreme Court Regulations.
 Article 28 (Application for Registration for Change)
(1) When an adult guardian, etc. or voluntary guardian finds that any matter prescribed in subparagraphs of Article 25 (1) or Article 26 (1) has been changed, he/she shall apply for registration for change within three months from the date he/she becomes aware of such fact: Provided, That this shall not apply where registration is made by entrustment.
(2) A person under adult guardianship, etc. or the principal of a guardianship contract, the spouse, etc., a supervisor of adult guardianship, etc. or a supervisor of voluntary guardianship may apply for registration for change under paragraph (1).
(3) Procedures for registration for change of the matters recorded concerning a prior disposition under Article 27 shall be prescribed by the Supreme Court Regulations.
 Article 29 (Application for Registration for Termination)
(1) An adult guardian, etc. or voluntary guardian shall apply for the registration for termination of guardianship within three months from the date he/she becomes aware of the termination of the adult guardianship or of the guardianship contract due to the death of the person under adult guardianship, etc. or the principal of the guardianship contract, or for any other cause: Provided, That this shall not apply where registration is made by entrustment.
(2) A person under adult guardianship, etc. or the principal of a guardianship contract, the spouse, etc., a supervisor of adult guardianship, etc., or a supervisor of voluntary guardianship may apply for registration for termination referred to in paragraph (1).
(3) Procedures for registration for termination where a prior disposition is recorded under Article 27, shall be prescribed by the Supreme Court Regulations.
 Article 30 (Rectification of Registration)
(1) A person prescribed in Article 28 (1) or (2), or a person who has entrusted registration may apply for or entrust the rectification of the relevant registration if any error or omission exists in the registration.
(2) If a guardianship registration officer finds any error or omission in the registration after completing it, he/she shall notify such fact without delay to the person who has applied for or entrusted registration: Provided, That this shall not apply to cases falling under paragraph (4).
(3) Notwithstanding the notification given under paragraph (2), if no person applies for the registration of correction and it is apparent that an error or ommission exists in the registration based on the written application for the registration, etc., the guardianship registration officer shall rectify it ex officio and notify such fact to the person who has applied for or entrusted registration.
(4) If a guardianship registration officer finds that an error or omission of registration is due to the fault of the guardianship registration officer, he/she shall correct the registration ex officio without delay and notify the person who has applied for or entrusted registration.
 Article 31 (Cancellation of Registration)
(1) A person prescribed in the main sentence of Article 28 (1) and a person prescribed in Article 28 (2) may apply for the cancellation of registration in any of the following cases:
1. When a cause falling under Article 22 (2) or (3) exists;
2. When it is proven that there is a cause for invalidation of the matters registered by the judgment of the court, etc.
(2) If a guardianship registration officer finds, after completing registration, that the registration falls under subparagraph 2 or 3 of Article 22, he/she shall notify the person prescribed in the main sentence of Article 28 (1) of his/her intention, fixing a period not exceeding one month, that the registration shall be cancelled unless the said person makes a written objection within such period.
(3) If the address or residence of the person prescribed in paragraph (2) is unknown, the guardianship registration officer shall post the cancellation of registration on a bulletin of the competent family court or publicly announce such cancellation, in lieu of the notification under paragraph (2), as prescribed by the Supreme Court Regulations for the period prescribed in paragraph (2).
(4) If any person raises an objection to the cancellation under paragraph (2), the guardianship registration officer shall make a determination on the objection. In such cases, the guardianship registration officer shall cancel the registration ex officio, if the objection is deemed groundless.
(5) If no person raises an objection within the period prescribed in paragraph (2), the guardianship registration officer shall cancel the registration ex officio.
CHAPTER V OBJECTIONS
 Article 32 (Raising Objections and Jurisdiction thereover)
Any person who has an objection to the determination or disposition made by a guardianship registration officer may file an objection with the competent family court.
 Article 33 (Procedures for Raising Objections)
An objection may be raised by filing a written objection with a guardianship registration officer as prescribed by the Supreme Court Rules.
 Article 34 (Prohibition of Raising Objections Based on New Facts)
No person shall raise an objection based on any new fact or new means of evidence.
 Article 35 (Measures to be Taken by Guardianship Registration Officers)
(1) A guardianship registration officer shall take appropriate measures if an objection is deemed to have grounds.
(2) If a guardianship registration officer deems an objection groundless, he/she shall send the written objection to the competent family court within three days, appending his/her opinion thereto.
(3) If any objection is raised after completing registration, the guardianship registration officer shall send the written objection to the competent family court within three days, appending his/her opinion thereto; and shall notify the person prescribed in the main sentence of Article 28 (1) that the objection is raised.
 Article 36 (Non-Suspension of Execution)
Raising an objection shall have no effect of suspending execution.
 Article 37 (Determination on and Appeal against Objection)
(1) The competent family court shall make a determination on an objection, stating the reasons for its determination. In such cases, if the objection is deemed to have any ground, the competent family court shall order the guardianship registration officer to take corresponding measures; and shall notify such purport to the person prescribed in the main sentence of Article 28 (1).
(2) Any determination made under paragraph (1) may be appealed against pursuant to the Non-Contentious Case Procedure Act.
 Article 38 (Order for Additional Registration before Making Determination)
Before determining an objection raised, the competent family court may order the guardianship registration officer to complete additional registration to the effect that an objection has been raised.
 Article 39 (Registration according to Order of Competent Family Court)
When a guardianship registration officer completes registration according to an order issued by the competent family court, he/she shall record the family court that has issued the order, the date of the order, the purport that the registration is completed according to the order, and the date of the registration.
 Article 40 (Service, etc.)
The Civil Procedure Act shall apply mutatis mutandis to service; and the Non-Contentious Case Procedure Act shall apply mutatis mutandis to the costs incurred in raising objections.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 41 (Use of Computerized Registration Data, etc.)
(1) The Chief of the Office of Court Administration may be appointed from State agencies or local governments with computerized information data related to processing guardianship registration affairs.
(2) Any person who intends to use or utilize computerized information data on matters recorded in the guardianship register (hereinafter referred to as "computerized registration data") shall obtain approval from the Chief of the Office of Court Administration following examination by the head of the relevant central administrative agency: Provided, That if a person who intends to use or utilize computerized registration data is the head of a central administrative agency, he/she may use or utilize computerized registration data after consulting with the Chief of the Office of Court Administration.
(3) No person who intends to use or utilize computerized registration data pursuant to paragraph (2) shall use or utilize such data for other than approved purposes.
(4) Matters necessary for using or utilizing computerized registration data, usage fees, etc. shall be prescribed by the Supreme Court Regulations.
 Article 42 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won:
1. A person who divulges any confidential information, in violation of Article 8 (4);
2. A person who is issued a certificate of registered matters of any other person or inspects a written application for registration, etc., deceitfully or otherwise fraudulently;
3. A person who violates Article 41 (3);
4. A person who processes data by entering any guardianship registration information in an electronic data processing system or altering such information without the authority to process the guardianship registration affairs under this Act or obtains guardianship registration information by using technical means.
 Article 43 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee or other person working for a corporation or individual violates subparagraphs of Article 42 with respect to the duties of the corporation or individual, not only shall such violator be punished accordingly, but the corporation or individual also shall be punished by a fine prescribed in Article 42: Provided, That this shall not apply where such corporation or individual has not neglected to take due care and supervision concerning the relevant duties in order to prevent such violation.
 Article 44 (Administrative Fines)
(1) If any person obligated to apply for registration pursuant to the main sentence of Article 28 (1) and the main sentence of Article 29 (1) fails to file an application for registration within the fixed period without any justifiable reason, he/she shall be punished by an administrative fine not exceeding 500,000 won.
(2) The adjudication on administrative fine under paragraph (1) shall be conducted by the competent family court having jurisdiction over the address or residence of the person (in cases of a corporation, referring to the place where its main office is located) subject to imposing the administrative fine according to the Non-Contentious Case Procedure Act.
 Article 45 (Delegation to Supreme Court Regulations)
Matters necessary for enforcing this Act shall be prescribed by the Supreme Court Regulations.
ADDENDUM
This Act shall enter into force on July 1 2013.