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ACT ON CONFIRMATION, ETC. OF PERSONAL SIGNATURE

Act No. 11245, Feb. 1, 2012

Amended by Act No. 11690, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 13831, Jan. 27, 2016

Act No. 14283, Dec. 2, 2016

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to promote the convenience of citizens and increase the efficiency of administrative affairs by prescribing matters necessary for the issuance, etc. of certificates of personal signature and electronic certificates of personal signature that may be used in lieu of certificates of seal imprint under the Certification of Seal Imprint Act.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term “signature” means that a person enters his/her name in his/her own handwriting to make it identifiable by a third party;
2. The term “certified digital signature” means a certified digital signature as defined in subparagraph 3 of Article 2 of the Digital Signature Act;
3. The term “certificate of personal signature” means a paper document stating that an issuing agency as defined in Article 5 has confirmed the fact that a person himself/herself affixed his/her signature;
4. The term “electronic certificate of personal signature” means a standardized piece of information stored in the issuing system under Article 7 (1), which is verified through the certified digital signature of a person after the person himself/herself enters the purpose of use, etc., using the issuing system.
 Article 3 (Scope of Application)
Certificates of personal signature and electronic certificates of personal signature that are issued pursuant to this Act shall apply only to certificates of seal imprint under Article 12 of the Certification of Seal Imprint Act (hereinafter referred to as “certificates of seal imprint. <Amended by Act No. 14283, Dec. 2, 2016>
 Article 4 (Taking Charge of Affairs)
The head of a Si (excluding the Special Metropolitan City Mayor and a Metropolitan City Mayor, but including a Special Self-Governing City Mayor and a Special Self-Governing Province Governor; hereinafter the same shall apply), Gun, or autonomous Gu shall take charge of affairs concerning the issuance, management, etc. of certificates of personal signature and electronic certificates of personal signature under this Act.
 Article 5 (Application for Issuance of Certificates of Personal Signature)
(1) A person who wishes to obtain a certificate of personal signature (hereinafter referred to as “applicant”) and who falls under any of the following subparagraphs shall visit the head of a Si/Gun/Gu (including the head of a Gu which is not an autonomous Gu), the head of an Eup/Myeon/Dong, or the head of a branch office thereof (hereinafter referred to as “issuing agency”) in person and apply for the issuance of such certificate in accordance with the procedure and method prescribed by Presidential Decree: <Amended by Act No. 14283, Dec. 2, 2016>
1. A Korean national who is domiciled within the Republic of Korea;
2. A Korean national who is not domiciled within the Republic of Korea;
3. A person who has completed alien registration under the Immigration Act;
4. A foreign national Korean who has reported his/her place of residence in the Republic of Korea pursuant to the Act on the Immigration and Legal Status of Overseas Koreans.
(2) Deleted. <by Act No. 14283, Dec. 2, 2016>
(3) Where an applicant who is a minor intends to apply for the issuance of a certificate of personal signature pursuant to paragraph (1), he/she shall visit an issuing agency in person together with his/her legal guardian, and shall file such application after obtaining consent from his/her legal guardian. <Amended by Act No. 13831, Jan. 27, 2016; Act No. 14283, Dec. 2, 2016>
(4) Where an applicant who is under limited guardianship intends to apply for the issuance of a certificate of personal signature in respect to an act that does not require the consent of his/her limited guardian pursuant to Article 13 (1) of the Civil Act, only the applicant himself/herself may file such application after visiting an issuing agency in person: Provided, That, where an applicant who is under limited guardianship intends to apply for the issuance of a certificate of personal signature in respect to an act that requires the consent of his/her limited guardian, he/she shall visit an issuing agency in person together with his/her limited guardian, and shall file such application after obtaining consent from the limited guardian. <Newly Inserted by Act No. 13831, Jan. 27, 2016>
 Article 6 (Issuance of Certificates of Personal Signature)
(1) Upon receipt of an application for issuance of a certificate of personal signature pursuant to Article 5, the issuing agency shall verify the identity of the applicant (including the legal guardian in cases of Article 5 (3) and the limited guardian in cases of paragraph (4) of the same Article; hereafter the same shall apply in paragraph (2)), using the applicant’s resident registration certificate or any other identification certificate prescribed by Presidential Decree (hereinafter referred to as “identification certificate”). <Amended by Act No. 13831, Jan. 27, 2016>
(2) Notwithstanding paragraph (1), an issuing agency may additionally verify the identity of an applicant by an electronic means prescribed by Presidential Decree, using the applicant’s thumbprint, etc., if it is hard to verify the applicant’s identity because the photograph on his/her identification certificate does not match his/her face, or if necessary to increase the accuracy of identification of the applicant.
(3) An applicant whose identity has been verified pursuant to paragraphs (1) and (2) shall affix his/her signature necessary for the confirmation of personal signature, in accordance with a method requested by the issuing agency. In such cases, the applicant shall affix his/her signature in a manner where his/her name is identifiable by a third party.
(4) Where an issuing agency determines that it is hard for a third party to identify the name of an applicant who has affixed his/her signature pursuant to paragraph (3), it may request the applicant to re-affix his/her signature.
(5) Upon receipt of an application for issuance of a certificate of personal signature pursuant to Article 5, an issuing agency shall issue such certificate, except in any of the following cases: <Amended by Act No. 13831, Jan. 27, 2016>
1. Where a person under adult guardianship has filed an application;
2. Where a minor has filed an application without the consent of his/her legal guardian;
3. Where a person under limited guardianship has filed an application without the consent of his/her limited guardian, in respect of an act that requires the consent of his/her limited guardian;
4. Where the identity of an applicant or his/her legal guardian or limited guardian under paragraph (1) or (2) has not been verified;
5. Where the request of an issuing agency under paragraph (4) has not been met;
6. Other cases determined by Presidential Decree as equivalent to those stipulated in subparagraphs 1 through 5.
(6) Except as otherwise provided in paragraphs (1) through (5), matters necessary for the issuance, etc. of certificates of personal signature shall be prescribed by Presidential Decree.
 Article 7 (Issuance and Use of Electronic Certificates of Personal Signature)
(1) Where a civil petitioner (including a person who has completed alien registration under the Immigration Act and a person who has reported his/her place of residence in the Republic of Korea under the Act on the Immigration and Legal Status of Overseas Koreans; hereinafter the same shall apply) is required to submit a certificate of seal imprint to any of the following agencies, corporations, or organizations (hereinafter referred to as “administrative agency, etc.”), the Minister of the Interior and Safety may devise, operate, and manage a system for issuing electronic certificates of personal signature (hereinafter referred to as “issuing system”) on behalf of the head of a Si/Gun/autonomous Gu, so that the civil petitioner can replace the submission of a certificate of seal imprint by submitting a certificate of issuance under paragraph (5) to an administrative agency, etc.: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. A state agency;
2. A local government;
3. Any other agency, corporation or organization prescribed by Presidential Decree.
(2) An electronic certificate of personal signature shall be issued by the relevant person himself/herself, using the issuing system.
(3) A civil petitioner who wishes to obtain an electronic certificate of personal signature from the issuing system pursuant to paragraph (2) shall fill out the standardized form on the issuing system and affix his/her certified digital signature thereto after confirming his/her identity in the manner prescribed by Presidential Decree, using an authorized certificate as defined in subparagraph 8 of Article 2 of the Digital Signature Act.
(4) Where a civil petitioner who is a minor wishes to obtain an electronic certificate of personal signature, he/she shall obtain consent from his/her legal guardian on the issuing system. In such cases, paragraph (3) shall apply mutatis mutandis to the identity confirmation procedure for the legal guardian, etc. <Amended by Act No. 13831, Jan. 27, 2016>
(5) Where a civil petitioner who is under limited guardianship wishes to obtain an electronic certificate of personal signature, he/she shall comply with paragraphs (2) and (3). <Newly Inserted by Act No. 13831, Jan. 27, 2016>
(6) Notwithstanding paragraph (5), where a civil petitioner who is under limited guardianship wishes to obtain an electronic certificate of personal signature in respect to an act that requires the consent of his/her limited guardian, he/she shall file an application therefor in accordance with paragraphs (2) and (3), after obtaining consent from his/her limited guardian on the issuing system. In such cases, paragraph (3) shall apply mutatis mutandis to the identity confirmation procedure for the limited guardian, etc. <Newly Inserted by Act No. 13831, Jan. 27, 2016>
(7) When a civil petitioner has obtained an electronic certificate of personal signature pursuant to paragraph (2), he/she shall submit a certificate of issuance that states the issuance number and other matters prescribed by Presidential Decree (hereinafter referred to as “certificate of issuance”) to an administrative agency, etc. so that the administrative agency, etc. verifies the electronic certificate of personal signature depending on its purpose.
(8) Upon receipt of a certificate of issuance from a civil petitioner pursuant to paragraph (7), an administrative agency, etc. may verify the relevant electronic certificate of personal signature only on the issuing system; and, where the electronic certificate of personal signature is printed out, such printed certificate has no effect as an electronic certificate of personal signature. <Amended by Act No. 13831, Jan. 27, 2016>
(9) Except as otherwise provided in paragraphs (1) through (8), matters necessary for operation of the issuing system, issuance of electronic certificates of personal signature, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 13831, Jan. 27, 2016>
 Article 8 (Approval for Use of Issuing System)
(1) A civil petitioner who intends to use the issuing system shall obtain approval from the head of the relevant Si/Gun/autonomous Gu (hereinafter referred to as “approval authority”) in advance.
(2) A civil petitioner who intends to obtain approval pursuant to paragraph (1) shall visit the approval authority in person and apply to use the issuing system.
(3) Where a civil petitioner who is a minor intends to apply to use the issuing system pursuant to paragraph (2), he/she shall visit the approval authority in person together with his/her legal guardian, and shall obtain consent from the legal guardian <Amended by Act No. 13831, Jan. 27, 2016>
(4) Where a civil petitioner who is under limited guardianship intends to apply to use the issuing system pursuant to paragraph (2), he/she shall visit the approval authority in person together with his/her limited guardian, and shall obtain approval from the limited guardian. <Newly Inserted by Act No. 13831, Jan. 27, 2016>
(5) Article 6 (1) and (2) shall apply mutatis mutandis to the verification of the identities of a civil petitioner and his/her legal guardian or limited guardian for approval for the use of the issuing system, and the method and procedure thereof. In this regard, an “applicant” shall be deemed a “civil petitioner,” and an “issuing agency” shall be deemed an “approval authority.” <Amended by Act No. 13831, Jan. 27, 2016>
(6) Upon receipt of an application for use of the issuing system pursuant to paragraphs (2) through (4), the approval authority shall approve such application, except in any of the following cases: <Amended by Act No. 13831, Jan. 27, 2016>
1. Where a person under adult guardianship has filed an application;
2. Where a minor has filed an application without the consent of his/her legal guardian;
3. Where a person under limited guardianship has filed an application without the consent of his/her limited guardian;
4. Where the identity of a civil petitioner or his/her legal guardian or limited guardian under paragraph (5) has not been verified;
5. Other cases determined by Presidential Decree as equivalent to those stipulated in subparagraphs 1 through 4.
(7) Except as otherwise provided in paragraphs (1) through (6), matters necessary for approval, etc. for use of the issuing system shall be prescribed by Presidential Decree. <Amended by Act No. 13831, Jan. 27, 2016>
 Article 9 (Request for Data for Personal Identification, and Cooperation Therefor)
(1) If an issuing agency or an approval authority needs to verify the authenticity of an identification certificate, etc. for the purpose of verifying identification under Article 6 or 8, it may request an agency that has issued such certificate, etc., and other relevant agencies to submit related data.
(2) An agency requested to provide data pursuant to paragraph (1) shall comply with such request, unless it has a compelling reason not to do so.
 Article 10 (Verification, etc. of Issuance of Certificates of Personal Signature)
When a person, to whom a certificate of personal signature has been submitted, requests the verification of issuance of the relevant certificate, the issuing agency may verify such fact in accordance with the procedure and method prescribed by Presidential Decree.
 Article 11 (Recording, Management, etc. of Issuance of Certificates of Personal Signature, etc.)
(1) Upon issuance of a certificate of personal signature, an issuing agency shall record and manage such fact in accordance with the procedure and method prescribed by Presidential Decree.
(2) When an electronic certificate of personal signature has been issued from the issuing system, the Minister of the Interior and Safety shall record and manage such fact in accordance with the procedure and method prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Where necessary for preparing for a disaster, calamity, etc., the Minister of the Interior and Safety may request State agencies and local governments to submit data relating to certificates of personal signature and electronic certificates of personal signature. In such cases, the agencies, etc. so requested shall comply with such request, unless they have a compelling reason not to do so. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 12 (Prohibition of Perusal)
An issuing agency, an approval authority, and the Minister of the Interior and Safety shall not allow the perusal of data concerning the issuance of certificates of personal signature and electronic certificates of personal signature, except in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Where the relevant person himself/herself files an application for perusal;
2. Where the perusal is required by an applicable statute, court decision, or a warrant issued by a judge;
3. Where the perusal is performed on any ground prescribed by Presidential Decree, for the purpose of investigation, litigation, or performance of official duties.
 Article 13 (Relationship with Certificates of Seal Imprint)
(1) Where the submission of a certificate of seal imprint is required in various procedures and business relations, etc. prescribed by applicable statutes (including ordinances and rules of local governments; hereinafter the same shall apply), etc., the certificate of seal imprint shall be deemed submitted when a certificate of personal signature or a certificate of issuance of an electronic certificate of personal signature has been submitted.
(2) Where a seal imprint is required to be affixed to related documents in various procedures and business relations, etc. prescribed by applicable statutes, etc. along with the submission of a certificate of seal imprint, it shall be deemed in either of the following cases that the certificate of seal imprint has been submitted and the seal imprint has been affixed to the related documents:
1. Where a certificate of personal signature has been submitted and the relevant signature has been affixed to the related documents;
2. Where a certificate of issuance of an electronic certificate of personal signature has been submitted and the relevant signature has been affixed to the related documents.
 Article 14 (Fees)
A person who wishes to obtain a certificate of personal signature or obtain an electronic certificate of personal signature using the issuing system shall pay fees, as prescribed by Presidential Decree.
 Article 15 (Guidance, Supervision, etc.)
The Minister of the Interior and Safety shall provide guidance and supervision over affairs concerning the issuance, etc. of certificates of personal signature and electronic certificates of personal signature. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
 Article 16 (Delegation and Entrustment of Authority)
(1) The Minister of the Interior and Safety may partially delegate the authority vested in him/her under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The head of a Si/Gun/autonomous Gu may partially delegate the authority vested in him/her under this Act to the head of an Eup/Myeon/Dong or the head of a branch office thereof, as prescribed by Presidential Decree.
(3) The Minister of the Interior and Safety may partially entrust his/her duties under this Act, such as the maintenance, repair, etc. of the issuing system, to a relevant corporation or organization, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on December 1, 2012: Provided, That the provisions of Articles 4, 9, and 11 through 15 regarding electronic certificates of personal signature and the issuing system, and Articles 7 and 8 shall enter into force one year and six months after the date of its promulgation.
Article 2 (Special Cases concerning Operation of Issuing System and Issuance of Electronic Certificates of Personal Signature)
The provisions of Articles 4, 9, and 11 through 15 regarding electronic certificates of personal signature and the issuing system, and Articles 7 and 8 may apply sequentially, as prescribed by Presidential Decree, within a period of time not exceeding five years from the enforcement date specified in the proviso to Article 1 of the Addenda, considering the progress of preparation for the issuing system, etc.
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. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, of the Acts amended pursuant to Article 6 of the Addenda, amendments of the Acts which were promulgated before this Act enters into force, whose enforcement dates have yet to arrive, shall enter into force on the respective dates on which the relevant Acts enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13831, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
A person who has already been declared an incompetent or quasi-incompetent as at the time this Act enters into force, shall be governed by the former provisions until adult guardianship or limited guardianship commences pursuant to the Civil Act, or until five years lapse from the enforcement date specified in Article 1 of the Addenda to the Civil Act as amended by Act No. 10429.
ADDENDUM <Act No. 14283, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That, of the Acts amended pursuant to Article 5 of the Addenda, amendments of the Acts which were promulgated before this Act enters into force, whose enforcement dates have yet to arrive, shall enter into force on the respective dates on which the relevant Acts enter into force.
Articles 2 through 6 Omitted.