CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the registrationof establishment and change of family relations such as the birth, marriage,death, etc. of people and matters concerning certification thereof.
| Article 2 (Administration) |
Affairs related to the registration of establishment and change of family relations and certification thereof (hereinafter referred to as"registration affairs") shall be administered by the Supreme Court.
| Article 3 (Delegation of Authority) |
| (1) | The Chief Justice of the Supreme Court shall delegate authority over registration affairs to the head of a Si/Eup/Myeon(the head of a Si for Dongs and the head of an Eup or Myeon for Eups or Myeons in a Si in the form of an urban and rural complex; hereinafter the same shall apply). |
| (2) | In the case of the Special Metropolitan City, a Metropolitan City, or a Si having Gus, a Si, the head of a Si or the office of a Si as mentioned in this Act refers to a Gu, the head of a Gu or the office of a Gu, respectively: Provided, That references to Guns in a Metropolitan City refer to an Eup/Myeon, the head of an Eup/Myeon, or the office of an Eup/Myeon. |
| (3) | The Chief Justice of the Supreme Court shall delegate authority over the supervision of registration affairs to the chief judge of a family court which has jurisdiction over the place where the office of a Si/Eup/Myeon is located: Provided, That the chief justice of a family branch court shall, upon the order of the chief justice of the family court, supervise registration affairs within the districts under his/her jurisdiction. |
| Article 4 (Handling of Registration Affairs) |
Registration affairs referred to in Article 3 shall be handled by the head of the Si/Eup/ Myeon in which the place for reporting is located, in which a report, etc. of the registration of establishment and change of family relations (hereinafter referred to as"registration") is received or accepted.
| Article 5 (Restriction on Duties) |
| (1) | No head of any Si/Eup/Myeon shall carry out his/her duties with respectto a registration case of his/her own or of any of his/her relatives within four degrees of relationship, with the exception of the issuance of certificates related to registration. |
| (2) | With respect to handling of registration cases, paragraph (1) shallapply in the same manner to persons who act for the head of a Si/Eup/Myeon. |
| Article 6 (Attribution of Fees, etc.) |
| (1) | Fees and fines for negligence to be paid pursuant to the provisions of this Act shall become the revenue of a local government handling registration affairs: Provided, That the same shall not apply to cases falling under any of the following subpargraphs: |
| 1. | Where a public official belonging to the Central Control Office of Computerized Information issues a certificate pursuant to Article 12 (2); |
| 2. | Where a family court levies a fine for negligence pursuant to Articles 120 and 123; and |
| (2) | The amount of fees referred to paragraph (1) shall be prescribed by the Supreme Court Rules. |
| Article 7 (Charging of Expenses) |
Expenses to be incurred for registration affairs which are delegated to the head of a Si/Eup/Myeon pursuant to Article 3 shall be borne by the State.
| Article 8 (Supreme Court Rules) |
Matters necessary for the enforcement of this Act shall be prescribed by the Supreme Court Rules.
CHAPTER II PREPARATION OF FAMILY RELATIONS REGISTERS AND PROCESSING OF REGISTRATION AFFAIRS
| Article 9 (Preparation of and Matters to be Recorded in Family Relations Registers) |
| (1) | A family relations register (hereinafter referred to as a "register") shall be prepared by classifying computerized information data on registration matters concerning family relations, which are entered and processed by a computerized information processing organization (herein- after referred to as "registered matters") by individual according to the original domicile referred to in Article 10. |
| (2) | The following matters shall be entered in the register: <Amended by Act No. 10279, May 4, 2010> |
| 2. | Name, origin of surname, sex, date of birth and resident registration number; |
| 3. | Matters concerning establishment and change of family relations, such as birth, marriage, and death; |
| 4. | Where a person who is to be recorded as a family member is a person who is not a national of the Republic of Korea (hereinafter referred to as a "foreigner"), name, sex, date of birth, nationality, and alien registration number (in cases of a foreigner who is not registered as a foreigner, referring to the report number of the place of residence prescribed by the Supreme Court Rules; hereinafter the same shall apply); |
| 5. | Other matters concerning family relations as prescribed by the Supreme Court Rules. |
| Article 10 (Determination of Original Domicile) |
| (1) | In the case of entering matters for the first time due to birth or other causes, an original domicile shall be determined for reporting such entry. |
| (2) | An original domicile may be altered in accordance with the procedure as prescribed by the Supreme Court Rules. |
| Article 11 (Handling of Registration Affairs, etc. by Computerized Information Processing Organization) |
| (1) | The head of a Si/Eup/Myeon shall handle registration affairs through a computerized information processing organization. |
| (2) | In cases where the person under query is deceased or adjudicated missingor absent, or renunciates or relinquishes his/her nationality, orother causes occur, as prescribed by the Supreme Court Rules, the registershall be closed. |
| (3) | Registers and closed registers as referred to in paragraph (2) (hereinafterreferred to as a"closed register") shall be kept and managed by the Minister of National Court Administration. |
| (4) | The Minister of National Court Administration shall separately prepare and manage computerized information data in the same manner as the registration matters entered in registers or closed registers (hereinafter referred to as a"register, etc."). |
| (5) | In cases where registers, etc. are damaged in whole or in part, or there is a concern for damage to registers, etc., the Minister of National Court Administration may order necessary dispositions, such as restoration of registers, etc., under conditions prescribed by the Supreme Court Rules. |
| (6) | No person who manages registers, etc. nor any person who handles registration affairs shall use computerized information data on registration matters entered in registers, etc. (hereinafter referred to as"computerized information data on registration matters") or provide them to other persons (including corporations) for reasons other than the reasons prescribed by this Act or other Acts. |
| Article 12 (Installation, etc. of Central Control Office of Computerized Information) |
| (1) | The Central Control Office of Computerized Information shall be installedin the Ministry of National Court Administration (hereinafter referred to as the"Central Control Office") for the keeping and management of registers, etc., support of handling registration affairs by a computerized information processing organization and efficient utilization of computerized information data on registration matters. In this case, with respect to handling of registration affairs, following notices concerning nationality, a computerized information processing organization shall be run in connection with the Ministry of Justice under the conditions as prescribed by the Supreme Court Rules. |
| (2) | The Minister of National Court Administration may, if necessary, have a public official belonging to the Central Control Office handle the issuance of certificates referred to in Article 15. |
| Article 13 (Use, etc. of Computerized Information Data on Registration Matters) |
| (1) | Any person who intends to use or utilize computerized information data on registration matters shall obtain the approval of the Minister of National Court Administration, undergoing examination by the head of a relevant central administrative organ: Provided, That in cases where the head the central administrative organ intends to use or utilize computerized information data on registration matters, he/she shall consult with the Minister of National Court Administration. |
| (2) | A person who intends to use or utilize computerized information data on registration matters pursuant to paragraph (1) shall not use or utilize such data for purposes other than the original purpose. |
| (3) | Matters necessary for the use or utilization of computerized informationdata on registration matters pursuant to paragraph (1), usage fees therefor,etc. shall be prescribed by the Supreme Court Rules. |
| Article 14 (Issuance, etc. of Certificates) |
| (1) | The person under query or his/her spouse, lineal blood relatives, and siblings (hereafter referred to as the "person under query, etc." in this Article) may request for the issuance of a certificate issuable with respect to registration matters entered in registers, etc. as provided for in Article 15, and where a proxy of the person under query, etc. makes such request, the proxy shall be entrusted by the person under query, etc.: Provided, That in cases falling under any of the following subparagraphs, the request for issuance may not be made by the person under query, etc.: |
| 1. | Where the State or a local government files a written application for operational requirements; |
| 2. | Where it is required in various procedures of lawsuits, non-contentious litigation cases, and execution of civil cases; |
| 3. | Where other Acts and subordinate statutes require the submission of a certificate concerning the person under query, etc.; |
| 4. | Other cases where a person having a justifiable interest as prescribed by the Supreme Court Rules applies. |
| (2) | The issuance of a certificate of child adopted through full adoption referred to in Article 15 (1) 5 shall be requested only in cases falling under any of the following subparagraphs: |
| 1. | Where a child adopted through full adoption applies when he/she has reached the age of majority; |
| 3. | Where there is a commissioning by the court for inquiry into facts, or an investigation institution files written application for investigative needs; |
| 4. | Other cases prescribed by the Supreme Court Rules. |
| (3) | A person who requests the issuance of a certificate pursuant to paragraphs (1) and (2) shall pay applicable fees, and in the case of requesting to forward the certificate, he/she shall pay postage in addition thereto. |
| (4) | When the head of a Si/Eup/Myeon deems that the request referred to in paragraphs (1) and (2) has been made for unjust purposes, such as infringement upon a person's private information entered in the register, he/she may refuse the issuance of such certificate. |
| (5) | A person who requests to submit a certificate issued on the matters entered in registers, etc. as prescribed in Article 15 shall request the certificate including the matters related to registration to the minimum extent that are necessary for the purpose of use. The certificate submitted shall not be used for any other purpose than the original purpose. <Newly Inserted by Act No. 9832, Dec. 29, 2009> |
| (6) | Paragraphs (1) through (5) shall apply mutatis mutandis to cases of issuance of certificates from closed registers. |
| Article 15 (Kinds of Certificates and Matters to be Entered in Certificates) |
| (1) | The kinds of certificates issuable on matters entered in registers, etc. and matters to be entered therein are as mentioned in the following subparagraphs: Provided, That with respect to the matters entered for foreigners, a certificate shall be issued stating the name, sex, date of birth, nationality and alien registration number: <Amended by Act No. 9832, Dec. 29, 2010; Act No. 10279, May 4, 2010> |
| 1. | Certificate of family relations: |
| (a) | Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person under query; |
| (b) | Name, sex, origin of surname, date of birth and resident registration number (in cases of adoption, adoptive parents shall be recorded as parent: Provided, That where an adoptive father who independently adopts a child has a marital relation with the child's birth mother, the adoptive father and the birth mother shall be recorded as parents, and where an adoptive mother who independently adopts a child has a marital relation with the child's birth father, the adoptive mother and the natural father shall be recorded as parents) of parents; |
| (c) | Name, sex, origin of surname and date of birth and resident registration number of spouse and children; |
| (a) | Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person under query; |
| (b) | Matters concerning birth, death, and loss, acquisition and reinstatement of nationality, etc. of the person under query; |
| 3. | Certificate of marital relations: |
| (a) | Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person under query; |
| (b) | Name, sex, origin of surname, date of birth and resident registration number of the spouse; |
| (c) | Matters concerning marriage and divorce; |
| 4. | Certificate of adoptive relations; |
| (a) | Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person under query; |
| (b) | Name, sex, origin of surname, date of birth and resident registration number of birth parents or adopted child; |
| (c) | Matters concerning adoption and dissolution of adoptive relations; |
| 5. | Certificate of child adopted through full adoption: |
| (a) | Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person under query; |
| (b) | Name, sex, origin of surname, date of birth and resident registration number of birth parents, adoptive parents or child adopted through full adoption; |
| (c) | Matters concerning adoption and dissolution of adoptive relations. |
| (2) | Among the matters entered in a certificate under each subparagraph of paragraph (1), only some of the matters can be entered in the certificate to be issued. In such cases, the necessary matters on the matters entered in the certificate shall be prescribed by the Supreme Court Rules. <Newly Inserted by Act No. 9832, Dec. 29, 2010> <<Enforcement Date: Dec. 30, 2011>> |
| (3) | Other certificates concerning family relations and necessary matters concerning recording of family relations shall be prescribed by the Supreme Court Rules. |
CHAPTER III RECORDS OF REGISTERS
| Article 16 (Recording Procedure of Registers) |
Registers shall be kept of reports, notices, applications, certified copies of certificates, certified copies of log books, or written judgments.
| Article 17 (Person without Register) |
In cases of recording registration matters concerning a person whose family relations are not registered, a new register shall be prepared.
| Article 18 (Correction of Register) |
| (1) | The head of a Si/Eup/Myeon shall, when he/she becomes aware that the record of a register is legally invalid or there are errors or omissions in the record of a register, notify such fact to the person who filed the report or the person to the report case without delay: Provided, That the same shall not apply to cases where such errors or omissions have been caused by a mistake made by the head of a Si/Eup/Myeon. |
| (2) | In cases where it is not possible to issue such notice as mentioned in paragraph (1), or where, despite a notice issued, no person has applied for the correction of the register, or where the errors or omissions in the record of the register have been caused by a mistake made by the head of a Si/Eup/Myeon, the head of the Si/Eup/Myeon may, upon the permission of the supervisory court, correct such record ex officio: Provided, That in cases of minor matters prescribed by the Supreme Court Rules, the head of the Si/Eup/Myeon concerned shall make correctionsex officioand report to the supervisory court thereof. |
| (3) | In cases where a national public official or local government public official becomes aware that there are errors or omissions in the record of a register in the course of carrying out his/her duties, he/she shall, without delay, notify such fact to the head of the Si/Eup/Myeon to which the original domicile of the person to the reporting belongs. In such cases, the head of the Si/Eup/Myeon concerned shall handle the matter in accordance with paragraphs (1) and (2). |
| Article 19 (Change in Administrative Districts, Names, etc. Entered in Registers) |
| (1) | In cases where there is any change in administrative districts or the names of land, the records of a register shall be considered to have been corrected accordingly. In such cases, the head of the Si/Eup/Myeon concerned shall correct the relevant records accordingly. |
| (2) | The head of a Si/Eup/Myeon shall, if there is any change in land numbers, correct the relevant records of registers accordingly. |
SECTION 1 Common Provisions
| Article 20 (Place of Report) |
| (1) | A report prepared pursuant to this Act may be filed at the original domicile of the person to a reporting or at the domicile or present address of the person who files such report. |
| (2) | A report regarding a foreigner may be filed at the place of his/her residence, or at the domicile or present address of the person who files such report. <Amended by Act No. 10279, May 4, 2010> |
| Article 21 (Report, etc. of Birth and Death throughDongOffices) |
| (1) | The report of birth or death in aSimay, when the place of the report is the same as the place of citizen registration of the person to the reporting or the place where the person to the reporting is to register his/her citizen registration, be filed through aDongoffice which has jurisdiction over the place of citizen registration of the person to the reporting or the placewhere the person to the reporting is to register his/her citizen registration. |
| (2) | In cases of paragraph (1), the head of theDongshall accept the report on behalf of the head of theSito which it belongs, forward it to the headof theSito which it belongs and handle other registration affairs as prescribedby the Supreme Court Rules. |
| Article 22 (Cases where Being Registered Became Known after Reporting) |
In cases where after a report on a person with regard to whom it is unclear whether they are registered, or on a person who is not registered or is unable to be registered has been accepted, it is discovered that the person has already been registered or has become possible for the person to be registered, a reporter or the person to the report case shall notify the head of a Si/Eup/Myeon who accepted the first report of the fact, indicating the accepted report case within one month from the date on which the fact became known.
| Article 23 (Method of Filing Reports) |
| (1) | A report may be filed in writing or by oral statement. |
| (2) | In cases where the person to a reporting fails to be present at a Si/Eup/Myeon with respect to a registration which takes effect through reporting, he/she shall present his/her citizen registration card, driver's license, passport or other identification prescribed by the Supreme Court Rules (hereafter referred to as"identification"in this paragraph) or attach a certificate of seal impression of the person to the reporting to a writtenreport. In this case, if the person to a reporting fails to present identificationof his/her own or fails to attach a certificate of his/her seal impression, such report shall not be accepted. |
| Article 24 (Report Forms) |
Report forms shall be prescribed by the established Supreme Court Rules. In this case, when a report on registration of family relations substitutes for any report prescribed by other Acts and subordinate statutes, the Supreme Court shall, when it prescribes the report forms concerned, consult in advance with the heads of ministries and offices concerned.
| Article 25 (Matters to be Entered in Reports) |
| (1) | The following matters shall be entered in a report, and the person who files a report shall write his/her name on the report, sign his/her name and affix his/her seal thereto: |
| 1. | Events to be reported; |
| 3. | Date of birth, citizen registration number, original domicile and address of the person filing a report; and |
| 4. | Original domicile, address, name, date of birth and citizen registration number of the person to a reporting in cases where the person filing the report is someone other than the person to the reporting. |
| (2) | In cases where a citizen registration number has been entered in a report document at the time when the report document is prepared pursuant to this Act, the date of birth may be omitted. |
| Article 26 (Incompetent Reporter) |
| (1) | In cases where a person to file a report is a minor or incompetent, a person who exercises parental authority or guardianship shall be responsible for filing the report: Provided, That it shall not preclude reporting by the minor or incompetent. |
| (2) | In cases where the person who exercises parental authority or guardianship files a report, the following matters shall be entered in the report: |
| 1. | Name, date of birth, citizen registration number and original domicile of the person to be reported on; |
| 2. | Grounds of incapacity; and |
| 3. | The fact that the person reporting exercises parental authority or guardianship. |
| Article 27 (Report by Incompetent Who may Act without Consent of his/her Legal Representative) |
| (1) | An incompetent shall report such acts as he/she can carry out without consent of his/her legal representative on his/her own behalf. |
| (2) | In cases where an incompetent files a report, a diagnostic certificate shall be attached to the report, which certifies that he/she has the ability to understand the nature and effect of the reporting. |
| Article 28 (Reports Requiring Witnesses) |
In cases of reporting requiring witnesses, the witnesses shall enter their citizen registration numbers and addresses in the report and write their names on the report, or sign and seal the report.
| Article 29 (Matters Unapplicable or Unknown to Reporters) |
In cases where matters to be entered in a report do not apply or are unknown, the reporter shall state the purport thereof: Provided, That the head of a Si/Eup/Myeon shall not accept any report in which matters considered particularly important from among matters required to be stated in the report for legal purposes are not entered.
| Article 30 (Matters to be Entered other Than those Designated by Acts and Subordinate Statutes) |
In addition to matters prescribed by this Act or other Acts and subordinatestatutes, if any details are needed to clarify matters to be entered in the register, such details shall also be entered in the report.
| Article 31 (Verbal Report, etc.) |
| (1) | If a reporter desires to file a report verbally, he/she shall be present at the office of a Si/Eup/Myeon and orally state the matters to be entered in the report. |
| (2) | The head of a Si/Eup/Myeon shall record the reporter's oral statement and date of report, read out the statement to the reporter and have the reporter write his/her name on the report, or sign and seal the report. |
| (3) | In cases under paragraphs (1) and (2), when the reporter is unable to appear due to illness or other incidents, a person other than the reporter may report by proxy: Provided, That the same shall not apply to reports referred to in Articles 55, 56, 61, 63, 71 and 74. |
| Article 32 (Report of Cases Requiring Consent, Approval or Permission) |
| (1) | In cases of a reporting which requires the consent or approval of a father, mother or other person, a document to evidence such consent or approval shall be attached to the report: Provided, That in cases where a family council grants its consent, the resolution of the family council shall be attached to the report, and in cases of a reporting requiring other types of consent or approval, the person who has given a consent or granted approval may state the reason therefor in the report and write his/her name on the report, or sign and seal the report. |
| (2) | In cases where matters exist requiring a court decision or permission of the governmental or public offices with respect to a reporting, reporter, reported matters, etc., a certified copy of court decision or permission shall be attached to the report. |
| Article 33 (Provisions Applicable Mutatis Mutandis to Reports) |
Provisions pertaining to reports shall apply mutatis mutandis to the written statement as referred to in Articles 31 (2) and 32 (1).
| Article 34 (Filing Reports in Foreign Countries) |
A national of the Republic of Korea in the territory of a foreign country may, in accordance with the conditions prescribed by this Act, file a report or application with the head of an embassy or consulate outside of the Republic of Korea (hereinafter referred to as a"Korean embassy or consulate abroad") who has jurisdiction over the region concerned.
| Article 35 (Certified Copy of Certificate Prepared in Foreign Form) |
| (1) | In cases where a national of the Republic of Korea in the territory of a foreign country has prepared documentary evidence concerning a reporting by the method adopted by the foreign country, he/she shall submit a certified copy of the documentary evidence to the head of a Korean embassy or consulate abroad who has jurisdiction over the region concerned, within three months. |
| (2) | In cases where the region in which a national of the Republic of Korea is does not belong to the jurisdiction of any Korean embassy or consulate abroad, a certified copy of documentary evidence shall be forwarded to the head of the Si/Eup/Myeon of his/her original domicile within three months. |
| Article 36 (Forwarding of Documents Accepted in Foreign Countries) |
The head of a Korean embassy or consulate abroad shall, when he/she has accepted documents pursuant to Articles 34 and 35, forward them to the head of a Si/Eup/Myeon of the original domicile of the person under query through the Minister of Foreign Affairs and Trade within one month.
| Article 37 (Point for Counting Reporting Period) |
| (1) | The reporting period shall be counted, starting from the date on which a reporting occurred. |
| (2) | In cases where a court decision is affirmed before the forwarding or issuance of the court decision even though the reporting period is to be counted, starting from the date on which the court decision is affirmed, it shall be counted from the date on which such forwarding or issuance takes place. |
| Article 38 (Peremptory Notice to File Report) |
| (1) | In cases where the head of a Si/Eup/Myeon discovers a person who has failed to report, he/she shall issue a peremptory notice to the person responsible for filing the report to file such report within a specified period of time. |
| (2) | In cases where the person responsible for filing a report fails to file the report within the period of time referred to in paragraph (1), the head of the Si/Eup/Myeon concerned may issue a further peremptory notice to such person. |
| (3) | Article 18 (2) shall apply mutatis mutandis to cases where it is not possible to issue the peremptory notice referred to in paragraph (2) or where a report is not filed in spite of a peremptory notice having been issued, and paragraph (3) of the same Article shall apply mutatis mutandis to cases where a national public official or local government public official discovers a person who has failed to report. |
| Article 39 (Ex-PostSupplementation of Report) |
The head of a Si/Eup/Myeon shall, if it is not possible to record accepted reports in the register due to a defect in the report, cause the person responsible for filing such report to supplement it. In this case, Article 38 shall apply mutatis mutandis.
| Article 40 (Report after Lapse of Reporting Period) |
The head of a Si/Eup/Myeon shall accept a report even when the reporting period has elapsed.
| Article 41 (Report which Arrives after Death of Reporter) |
| (1) | The head of a Si/Eup/Myeon shall accept a report forwarded at a point in time when the reporter was alive even if it arrives after the reporter is deceased. |
| (2) | In cases of reports accepted pursuant to paragraph (1), such reports shall be considered to have been reported at the time of the reporter's death. |
| Article 42 (Certificate of Acceptance or Non-Acceptance of Report and Public Reading of Documents) |
| (1) | A reporter may request a certificate as to the acceptance or non-acceptance of a report. |
| (2) | A person having any interest may request a public reading of a report or other accepted documents or a certificate concerning the matters entered in such documents to the head of a Si/Eup/Myeon. |
| (3) | In cases of requests for certificates, fees shall be paid. |
| (4) | A person having any interest may request a public reading of reported documents which are kept in the court. |
| (5) | The provisions of Article 14 (1) through (4) shall apply mutatis mutandis to the qualification, scope, etc. of the person having any interest as referred to in paragraphs (2) and (4). |
| Article 43 (Notice of Non-Acceptance of Report) |
The head of a Si/Eup/Myeon shall, when he/she rejects a report, issue notice to the reporter in writing without delay, stating the grounds therefor.
| Article 44 (Matters to be Entered in Report of Birth) |
| (1) | Reports of birth shall be filed within one month from the date of birth. |
| (2) | The following matters shall be entered in a report of birth: <Amended by Act No. 10275, May 4, 2010; Act No. 10279, may 4, 2010> |
| 1. | Name, origin of surname, sex and original domicile of the child; |
| 2. | Whether the child was born in or out of wedlock; |
| 3. | Date and place of birth; |
| 4. | Name, origin of surname, original domicile and resident registration number of the parents (name, date of birth, nationality and alien registration number in cases where the father or mother is a foreigner); |
| 6. | Where the child has multi-nationality, such fact and foreign nationality that the child has acquired. |
| (3) | The name of the child shall be written by using the Korean alphabet or commonly used Chinese characters. The scope of commonly used Chinese characters shall be determined by the Supreme Court Rules. |
| (4) | The report of birth shall be accompanied by a birth certificate prepared by a doctor, midwife or any other person involved in the delivery: Provided, That the same shall not apply where unavoidable causes exist. |
| Article 45 (Place of Report of Birth) |
| (1) | The report of birth may be filed at the place of birth. |
| (2) | The report of birth may, if the child was born in a train or any other means of transportation, be filed at the place where the mother left such means of transportation and if the child was born in a ship where a log-book was not kept, at the port at which the ship first arrived. |
| Article 46 (Person Responsible for Filing Report) |
| (1) | The report of birth of a child born within wedlock shall be filed by the father or by the mother. |
| (2) | The report of birth of a child born out of wedlock shall be filed by the mother. |
| (3) | In cases where the person to file a report pursuant to paragraph (1) or (2) is unable to file such report, the persons falling under any of thefollowing subparagraphs shall file the report in the order under the followingsubparagraphs: |
| 1. | Relatives living together; and |
| 2. | Doctor, midwife or any other person involved in the delivery. |
| Article 47 (Cases where Lawsuit for Denial of Paternity is Raised) |
Even when a lawsuit for the denial of paternity is raised, the report of birth shall be filed.
| Article 48 (Cases where Court Determines Fatherhood) |
| (1) | In cases where the court is to determine the father of a child in accordance with Article 845 of the Civil Act, the report of birth shall be filed by the mother. |
| (2) | Article 46 (3) shall apply mutatis mutandis to cases under para graph (1). |
| Article 49 (Birth during Voyage) |
| (1) | In cases where birth occurs during a voyage, the captain of the ship shall enter the matters referred to in Article 44 (2) in the ship's log-bookand write his/her name thereon, or sign and seal the log-book within twentyfour hours thereof. |
| (2) | When the ship arrives at a port in the Republic of Korea after the procedure referred to in paragraph (1) has been taken, the captain ofthe ship shall, without delay, forward a certified copy of the log-book concerning the birth to the head of a Si/Eup/Myeon of the place within which the harbor is located. |
| (3) | In cases where the ship arrives at a harbor in a foreign country, the captain of the ship shall, without delay, forward a certified copy referred to in paragraph (2) to the head of a Korean embassy or consulate abroad who has jurisdiction over the region, and the head of the embassy or consulate abroad shall, without delay, forward the certified copy to the head of the Si/Eup/Myeon of the original domicile through the Minister of Foreign Affairs and Trade. |
| Article 50 (Birth at Public Facilities) |
In cases where birth occurs at a hospital, prison or any other facility, the head or administrator of the facility concerned shall file the report of birth, if the father or the mother is unable to file the report of birth.
| Article 51 (Cases where Child Dies before Filing Report of Birth) |
In cases where a child dies before filing the report of birth, the report of death shall be filed together with the report of birth.
| Article 52 (Abandoned Children) |
| (1) | A person who has found an abandoned child or a national police official who has received a notice of found abandoned child, he/she shall notify the head of the Si/Eup/Myeon concerned of the fact within twenty four hours. |
| (2) | The head of the Si/Eup/Myeon concerned who has received the notice referred to in paragraph (1) shall enter details of the child's belongings, the place where the child was found, date found, other circumstances, sex and estimated date of birth in the record. In this case, such record shall be considered as a report. |
| (3) | The head of the Si/Eup/Myeon concerned shall, after establishing a new surname and origin of surname of the abandoned child in accordance with Article 781 (4) of the Civil Act, determine the child's name and original domicile and record them in the register. |
| Article 53 (Cases where Parents Finds Abandoned Child) |
| (1) | In cases where the father or the mother has found his/her abandoned child, he/she shall file a report of birth within one month and apply for correction of the register. |
| (2) | In cases under paragraph (1), the head of the Si/Eup/Myeon concerned shall verify the correction. |
| Article 54 (Cases where Abandoned Child is Dead) |
In cases where an abandoned child is dead before the procedure referredto in Article 52 (1) or 53 is taken, such procedure shall be taken concurrentlywith the filing of the report of death.
| Article 55 (Matters to be Entered in Report of Recognition) |
| (1) | The following matters shall be entered in a report of recognition: <Amended by Act No. 10279, May 4, 2010> |
| 1. | Name, sex, date of birth, resident registration number and original domicile of the child (name, sex, date of birth, nationality and alien registration number where the child is a foreigner); |
| 2. | Where a dead child is recognized, date of death of the child, and name, date of birth, resident registration number and original domicile of the child's lineal descendants; |
| 3. | Where a father recognizes a child, the name, original domicile and resident registration number of a mother; |
| 4. | Where the surname and origin of surname are maintained before recognition, the purport and details thereof; |
| (2) | In cases under paragraph (1) 4 or 5, documents to prove the details shall be attached to the report: Provided, That where a decision of the family court on permission of continuous use of surname and origin of surname or a trial to determine the person in paternal authority has been concluded, Article 58 shall apply mutatis mutandis. |
| Article 56 (Recognition of Unborn Child) |
In cases where a child in the womb is discovered, the purport thereof, and the name and original domicile of the mother shall be entered in the report.
| Article 57 (Recognition by Report of Birth) |
In cases where the father of a child born out of wedlock has filed a report of birth, the report shall be recognized.
| Article 58 (Recognition by Court Decision) |
| (1) | In cases where a court decision on recognition has been affirmed, the person who raised such lawsuit shall file a report on the purport thereof, attaching a certified copy of written judgment and a certificate of the final decision within one month from the date on which the final decision is made. |
| (2) | The report referred to in paragraph (1) shall include the date of the final decision. |
| (3) | In cases under paragraph (1), the adversary in the lawsuit for recognition may also file a report on the purport of court decision on recognition,attaching a certified copy of written judgment and a certificate of the final decision. In this case, paragraph (2) shall apply mutatis mutandis. |
| Article 59 (Recognition by Will) |
In cases of recognition by will, the executor of the will shall file a report in accordance with Article 55 or 56 within one month from the date on which he/she has assumed his/her duty, attaching a certified copy of the will concerning the recognition or a document in which sound recording of the will is stated.
| Article 60 (Stillbirth of Child Already Recognized) |
In cases where a recognized child was born as a stillborn child, the person responsible for filing a report of birth shall file the report within one month from the date on which he/she became aware of such fact: Provided, That in cases where the executor of a will has filed the report referred to in Article 59, the executor of a will shall file such report.
| Article 61 (Matters to be Entered in Report of Adoption) |
The following matters shall be entered in a report of adoption: <Amended by Act No. 10279, May 4, 2010>
| 1. | Name, origin of surname, date of birth, resident registration number and original domicile of the person to adoption (name, date of birth nationality and alien registration number when the person to adoption is a foreigner) and sex of the adoptee; |
| 2. | Name, resident registration number and original domicile of the birth parents of the adoptee. |
| Article 62 (Report of Adoption) |
| (1) | Where an adoptee is under 15 years of age, his/her legal representative who assented to the adoption in accordance with Article 869 of the Civil Act shall file the report of adoption: Provided, That where the guardian gave his/her assent to the adoption, a written permission of the family court shall be attached thereto. |
| (2) | Where the guardian gives his/her consent to the adoption in accordance with Article 871 of the Civil Act, a written consent of the guardian and a written permission of the family court shall be attached. |
| (3) | Where the guardian adopts the ward, a written permission of the family court shall be attached. |
SECTION 5 Dissolution of Adoptive Relations
| Article 63 (Matters to be Entered in Report of Dissolution of Adoptive Relations) |
The following matters shall be entered in a report of dissolution of adoptive relations: <Amended by Act No. 10279, May 4, 2010>
| 1. | Name, origin of surname, date of birth, resident registration number and original domicile of the person to adoption (name, date of birth, nationality and alien registration number when the person to adoption is a foreigner) and sex of the adoptee; |
| 2. | Name, original domicile and resident registration number of the birth parents of the adoptee. |
| Article 64 (Report of Dissolution of Adoptive Relations by Agreement) |
| (1) | In cases of the dissolution of adoptive relations pursuant to Article 899 of the Civil Act, the persons involved in the agreement shall file a report thereof: Provided, That in cases where such report is filed by the guardian or other lineal ascendant of the birth family, the written permission of the family court shall be attached thereto. |
| (2) | In cases where the guardian agrees to the dissolution of adoptive relations by agreement as referred to in Article 900 of the Civil Act, the written consent of the guardian and the written permission of the family court shall be attached. |
| Article 65 (Provisions Applicable Mutatis Mutandis) |
| (1) | Article 63 shall apply mutatis mutandis to reports of annulment of adoption. |
| (2) | Article 58 shall apply mutatis mutandis to cases where a court decisionon annulment of adoption has been affirmed. |
| Article 66 (Provisions Applicable Mutatis Mutandis) |
Article 58 shall apply mutatis mutandis to cases where a court decision on dissolution of adoptive relations has been affirmed.
SECTION 6 Adoption of Child through Full Adoption and Dissolution of Adoptive Relations
| Article 67 (Report of Adoption of Child through Full Adoption) |
| (1) | A person who intends to adopt a child through full adoption in accordance with Article 908-2 of the Civil Act shall file a report referred to in Article 61, attaching a certified copy of written judgment and a certificate of final decision within one month from the date on which the court decision on the adoption of a child through full adoption is affirmed. |
| (2) | The report referred to in paragraph (1) shall include the date of the final decision. |
| Article 68 (Provisions Applicable Mutatis Mutandis) |
Article 58 shall apply mutatis mutandis to reports of adoption of a child through full adoption.
| Article 69 (Reports of Dissolution of Adoptive Relations of Children Adopted through Full Adoption) |
| (1) | In cases where a court decision on dissolution of full adoption is affirmedin accordance with Article 908-5 of the Civil Act, the person who raised the lawsuit shall file a report on the purport thereof, attaching a certified copy of written judgment and a certificate of final decision within one month from the date on which the final decision is affirmed. |
| (2) | The report referred to in paragraph (1) shall include the date of the final decision. |
| (3) | In cases under paragraph (1), the adversary in the lawsuit may also file a report on the purport of the court decision on the dissolution of full adoption, attaching a certified copy of written judgment and a certificate of final decision. In such cases, paragraph (2) shall apply mutatis mutandis. |
| Article 70 (Provisions Applicable Mutatis Mutandis) |
Article 69 shall apply mutatis mutandis to cases where a court decision on the annulment of adoption of a child through full adoption is affirmed.
| Article 71 (Matters to be Entered in Reports of Marriage, etc.) |
The following matters shall be entered in a report of marriage: Provided, That in cases under subparagraph 3, an agreement of the parties to a marriage shall be attached thereto: <Amended by Act No. 10279, May 4, 2010>
| 1. | Name, origin of surname, date of birth, resident registration number and original domicile of the parties to a marriage (name, date of birth, nationality and alien registration number when any party to a marriage is a foreigner); |
| 2. | Name, original domicile and resident registration number of the parents and adoptive parents of the parties to a marriage; |
| Article 72 (Marriage by Court Decision) |
In cases where a court decision on the conformation of existence ofde factomarital relations has been affirmed, the person who filed such action shall file a report referred to in Article 71, attaching a certified copy of written judgment and a certificate of final decision within one month from the date of such final decision.
| Article 73 (Provisions Applicable Mutatis Mutandis) |
Article 58 shall apply mutatis mutandis to cases where a court decision on the annulment of marriage is affirmed.
| Article 74 (Matters to be Entered in Reports of Divorce) |
The following matters shall be entered in a report of divorce: <Amended by Act No. 10279, May 4, 2010>
| 1. | Name, origin of surname, date of birth, resident registration number and original domicile of the parties to a divorce (name, nationality and alien registration number when any party to a divorce is a foreigner); |
| 2. | Name, original domicile and resident registration number of the parents and adoptive parents of the parties to a divorce; |
| Article 75 (Confirmation of Divorce by Agreement) |
| (1) | In cases where a person intends to divorce by agreement, he/she shall file a report with confirmation of the family court which has jurisdiction over the person's original domicile or address: Provided, That in cased where the person does not reside in the State, such confirmation shall be made at the Seoul Family Court. |
| (2) | The report referred to in paragraph (1) shall be filed within three months from the date on which a certified copy of confirmation is issued or delivered by the family court, attaching the certified copy of the confirmation thereto. |
| (3) | In cases where the period as specified in paragraph (2) has elapsed, the confirmation by the family court shall be invalid. |
| (4) | Necessary matters concerning the procedure of confirmation by a family court and filing a report shall be prescribed by the Supreme Court Rules. |
| Article 76 (Provisions to be Deemed) |
In cases where a certified copy of confirmation of intention to divorce by the family court is attached to the report of divorce by agreement, it shall be deemed to have been jointly signed by two adult witnesses in accordance with Article 836 (2) of the Civil Act.
| Article 77 (Provisions Applicable Mutatis Mutandis) |
Article 74 shall apply mutatis mutandis to the report of annulment of marriage.
| Article 78 (Provisions Applicable Mutatis Mutandis) |
Article 58 shall apply mutatis mutandis to cases where the court decision on divorce is affirmed.
SECTION 9 Parental Authority and Guardianship
| Article 79 (Reports of Designation and Change of Person in Parental Authority) |
| (1) | When a father and mother have designated a person to exercise parental authority in accordance with Article 909 (4) of the Civil Act, they shall report such fact within one month. In cases where one party of the parents files such report, a document proving such fact shall be attached thereto. |
| (2) | When a court decision on the loss, waiver or reinstatement of parentalauthority or the right of management, or a court decision on the designationor change of a person in parental authority in accordance with Article 909 (4) through (6) of the Civil Act has been affirmed, the person who requested such court decision or the person who is designated as a person in parental authority shall report the details thereof. In this case, Article 58 shall apply mutatis mutandis. |
| Article 80 (Reports of Commencement of Guardianship) |
| (1) | A report of commencement of guardianship shall be filed within one month from the date on which a guardian assumes his/her duty. |
| (2) | The following matters shall be entered in the report: |
| 1. | Name, date of birth, citizen registration number and original domicile of the guardian and ward; |
| 2. | Cause and date of commencement of guardianship; and |
| 3. | Date of the guardian's assumption of duty. |
| Article 81 (Reports of Replacement of Guardian, etc.) |
| (1) | In cases where a guardian has been replaced, the new guardian shall report the purport thereof within one month from the date of his/her assumption of duty. |
| (2) | Article 80 (2) shall apply mutatis mutandis to the report referred to in paragraph (1). |
| Article 82 (Appointment of Guardian by Will or Court Decision) |
| (1) | In cases where a guardian has been appointed by will, the will concerning such appointment, certified copy thereof or document stating the sound recording of the will shall be attached to the report. |
| (2) | In cases where a court decision on the appointment of a guardian exists, a certified copy of written judgment shall be attached to the report. |
| Article 83 (Reports of Termination of Guardianship) |
| (1) | The report of termination of guardianship shall be filed by a guardian within one month: Provided, That the same shall not apply to cases where the guardianship is terminated as a minor attains the age of majority. |
| (2) | The following matters shall be entered in the report: |
| 1. | Name, original domicile and citizen registration number of the ward; and |
| 2. | Cause and date of termination of guardianship. |
SECTION 10 Death and Disappearance
| Article 84 (Reports of Death and Matters to be Entered therein) |
| (1) | A report of death shall be filed by a person as provided for in Article 85 within one month from the date on which such person becomes aware of the fact of death, attaching a medical certificate or death certificate thereto. |
| (2) | The following matters shall be entered in the report: |
| 1. | Name, sex, original domicile and citizen registration number of the deceased person; and |
| 2. | Date and place of death. |
| (3) | In cases where it is not possible to obtain a medical certificate or death certificate due to unavoidable reasons, it may be substituted bya document to prove such death. In such cases, the reason a medical certificate or death certificate was unavailable shall be stated in the report. |
| Article 85 (Persons Responsible for Filing Reports of Death) |
| (1) | A report of death shall be filed by a relative who has been living with a deceased person. |
| (2) | A report of death may also be filed by relatives, the person living together or a person who manages the place of death, or the head of the Dong,TongorRiin which the place of death is located. |
| Article 86 (Place of Reports of Death) |
A report of death may be filed at the place of death, burial or cremation: Provided, That in cases where the place of death is uncertain, the report may be filed at the place where the dead body was first found, if death occurs in a train or any other means of transportation, at the place where the dead body was taken off such means of transportation, and if death occurs on a ship which does not keep a log-book, at the port at which the ship first arrived.
| Article 87 (Death Caused by Disaster) |
In cases where a person dies due to flood, fire or other disasters, the governmental or public offices which conducted investigation thereof shall, without delay, notify the head of the Si/Eup/Myeon in which the place of death is located of such fact: Provided, That for death in foreign countries, such notice shall be issued to the head of a Si/Eup/Myeon in which the original domicile of the dead person is located.
| Article 88 (Death by Execution and Death in Prison) |
| (1) | In cases where an execution has taken place, the warden of the prison shall, without delay, notify the head of the Si/Eup/Myeon in which the prison is located of the fact of death. |
| (2) | Paragraph (1) shall apply mutatis mutandis to cases where there is no person to accept the dead body of a person who died in prison. In such cases, a medical certificate or death certificate shall be attached to the notice. |
| Article 89 (Matters to be Entered in Notices) |
| Article 90 (Death of Persons whose Registration is Uncertain, etc.) |
| (1) | In cases where it is uncertain whether the deceased person is registeredor not, or the deceased person is not recognizable, a national police officialshall, without delay, notify the head of the Si/Eup/Myeon in which the death occurred of the fact of death, preparing and attaching apostmortemreport. |
| (2) | In cases where the fact that the deceased person has been registered is discovered or the identity of the deceased person has become known, a national police official shall, without delay, notify the head of the Si/Eup/Myeon in which the death occurred of the purport thereof. |
| (3) | In cases where, after the notice referred to in paragraph (1) has been issued, a person as prescribed in Article 85 becomes aware of the identity of the deceased person, he/she shall file the report of death within ten days from such date. |
| Article 91 (Provisions Applicable Mutatis Mutandis) |
Articles 49 and 50 shall apply mutatis mutandis to reports of death.
| Article 92 (Reports of Adjudication on Disappearance) |
| (1) | A report of adjudication on disappearance shall be filed by a person who requested such adjudication within one month from the date on which the final decision is affirmed, attaching a certified copy of written judgment and a certificate of the final decision thereto. |
| (2) | The following matters shall be entered in a report of adjudication on disappearance: |
| 1. | Name, sex, original domicile and citizen registration number of a missing person; and |
| (3) | In cases where a court decision on annulment of adjudication on disappearance has been affirmed, Article 58 shall apply mutatis mutandis to a person who requested such court decision. |
SECTION 11 Acquisition and Loss of Nationality
| Article 93 (Notices, etc. of Acquisition of Nationality by Recognition, etc.) |
| (1) | The Minister of Justice shall, when a person has acquired nationality of the Republic of Korea in accordance with Article 3 (1) of the Nationality Act or Article 11 (1) of the same Act, notify, without delay, the head of the Si/Eup/Myeon of the original domicile designated by the person who has acquired Korean nationality, of the matters prescribed by the Supreme Court Rules. |
| (2) | The head of the Si/Eup/Myeon who has been issued the notice referred to in paragraph (1) shall prepare a register of the person who acquired Korean nationality. |
| Article 94 (Notices, etc. of Permission on Naturalization) |
| (1) | The Minister of Justice shall, when he/she permits a foreigner to be naturalized as a national of the Republic of Korea in accordance with Article 4 of the Nationality Act, notify, without delay, the head of the Si/Eup/Myeon of the original domicile designated by the person who has been granted naturalization, of the matters prescribed by the Supreme Court Rules. |
| (2) | The head of the relevant Si/Eup/Myeon who has been issued the notice referred to in paragraph (1) shall prepare a register of the person granted naturalization. |
| Article 95 (Notices, etc. of Reinstatement of Nationality) |
| (1) | The Minister of Justice shall, when he/she has issued permission of reinstatement of nationality of the Republic of Korea in accordance with Article 9 of the Nationality Act, notify, without delay, the head of the Si/Eup/Myeon of the original domicile designated by the person whose nationality has been reinstated, of the matters prescribed by the Supreme Court Rules. |
| (2) | The head of the Si/Eup/Myeon who has been issued the notice referred to in paragraph (1) shall prepare a register of the person whose nationality has been reinstated: Provided, That in cases where there exists a register, etc. of the person whose nationality has been reinstated, he/she shall notify the head of the Si/Eup/Myeon of the original domicile as entered in the register, etc. of such matters. |
| Article 96 (Reports of Establishment of New Surname and Origin of Surname by Persons who Has Acquired Nationality) |
| (1) | In cases where a person who employs a foreign surname has acquired nationality of the Republic of Korea and intends to establish a new surname and origin of surname and cease using the foreign surname, he/she shall obtain permission of the family court having jurisdiction over his/her original domicile, address or the place which he/she intends to designate as his/her original domicile, and report such surname and origin of surname within one month from the date of receipt of a certified copy of such permission. |
| (2) | In cases of reinstatement or re-acquisition of nationality of the Republic of Korea, the report of reinstatement of nationality or report of re-acquisition of nationality by the name in the style of the Republic of Korea, which has been used previously, may be filed. |
| (3) | In cases of paragraph (2), the name in the style of the Republic of Korea, which has been used previously, shall be clarified in the report. |
| (4) | The following matters shall be entered in the report: |
| 2. | Newly established surname and origin of surname; and |
| (5) | A certified copy of permission referred to in paragraph (1) shall be attached to the report referred to in paragraph (4). |
| Article 97 (Matters to be Entered in Reports of Loss of Nationality) |
| (1) | A report of loss of nationality shall be filed by the spouse or relatives within four degrees of relationship within one month from the date on which such fact is known. |
| (2) | The following matters shall be entered in the report: |
| 1. | Name, citizen registration number and original domicile of the person whose nationality is lost; |
| 2. | Cause and date of loss of nationality; and |
| 3. | In cases where a foreign nationality has been newly acquired, such nationality. |
| (3) | A document to prove the loss of nationality shall be attached to the report referred to in paragraph (2). |
| (4) | A person whose nationality is lost may file a report of loss of nationality in person. |
| Article 98 (Notice of Selection, etc. of Nationality) |
| (1) | The Minister of Justice shall, if any cause falling under any of the following subparagraphs occurs, notify the head of the Si/Eup/Myeon of the original domicile of a person (original domicile as designated by the person where such person has no original domicile) of the matters prescribed by the Supreme Court Rules: <Amended by Act No. 10275, May 4, 2010> |
| 1. | Where the Minister of Justice accepts a report filed by a person with multi-nationality on his/her selection of the nationality of the Republic of Korea in accordance with Article 13 of the Nationality Act; |
| (2) | Where a person who has proved to be a national of the Republic of Korea is not registered, the head of the relevant Si/Eup/Myeon who receives such notice shall prepare a register. |
SECTION 12 Change of Name and Change of Surname and Origin of Surname
| Article 99 (Reports on Change of Name) |
| (1) | A person who intends to change his/her name shall obtain permission of the family court having jurisdiction over his/her address (original domicile in cases of a national residing in a foreign country) and file a report within one month from the date of receipt of a certified copy of the permission. |
| (2) | The following matters shall be entered in the report: |
| 2. | Name after change; and |
| (3) | A certified copy of permission shall be attached to the report referred to in paragraph (2). |
| Article 100 (Reports on Change of Surname and Origin of Surname) |
| (1) | A person who intends to change the surname and origin of surname of his/her child in accordance with Article 781 (6) of the Civil Act shall file a report within one month from the date of the final court decision, attaching a certified copy of written judgment and a certificate of the final decision. |
| (2) | The following matters shall be entered in the report: |
| 1. | Surname and origin of surname before change; |
| 2. | Surname and origin of surname after change; and |
| 3. | Date of the final court decision. |
SECTION 13 Establishment of New Registration of Family Relations
| Article 101 (Reports on Establishment of New Registration of Family Relations) |
| (1) | A person who is not registered shall obtain permission of the family court having jurisdiction over the place where he/she intends to be registered and file a report of establishment of a new registration of family relations (hereinafter referred to as"establishment of a new registration") within one month from the date of receipt of a certified copy of the permission. |
| (2) | The report shall include the date of permission on establishment of a new registration other than the matters provided for in Article 9 (2). |
| (3) | A certified copy of permission on the establishment of a new registration shall be attached to the report referred to in paragraph (2). |
| Article 102 (Reports on Establishment of New Registration of Family Relations by Lineal Blood Relatives) |
In cases where a person who has obtained a court decision grantingpermission to establish a new registration fails to file a report of establishment of new registration, such report may be filed by the spouse or lineal blood relatives.
| Article 103 (Reports on Establishment of New Registration by Court Decision) |
| (1) | In cases where a report of establishment of a new registration is to be filed by court decision, it shall be filed within one month from the date of final decision. |
| (2) | The report shall include the date of final decision other than the matters provided for in Article 9 (2). |
| (3) | A certified copy of court decision and a certificate of final decision shall be attached to the report referred to in paragraph (2). |
CHAPTER V RECTIFICATION OF REGISTER
| Article 104 (Rectification of Inadmissible Records Entered in Family Relations Register) |
When it is deemed that any record entered in the register is inadmissible by law or there is an error or omission in such record, any interested person may apply for rectification of the register, obtaining permission of the family court having jurisdiction over the original domicile of the person to the case.
| Article 105 (Rectification of Records of Invalid Acts, which are Entered in Family Relations Registers) |
With respect to an act which takes effect by filing a report, in cases where such act is unmistakably invalid even though it has been recorded in the register, the person who filed such report or the person to the reporting may apply for rectification of the register, obtaining permission of the family court having jurisdiction over the original domicile of the person to the case.
| Article 106 (Obligation to Apply for Rectification) |
When a court decision on permission has been made in accordance with Articles 104 and 105, the rectification of register shall be applied with a certified copy of written judgement attached thereto within one month from the date of receipt of the certified copy of written judgment.
| Article 107 (Rectification of Registers by Court Decision) |
When a register is to be rectified according to a final court decision, the person who raised such legal action shall apply for rectification of theregister within one month from the date of the final court decision, attachinga certified copy of the court decision and a certificate of such court decision thereto.
| Article 108 (Provisions Applicable Mutatis Mutandis) |
CHAPTER VI OBJECTION PROCEDURE
| Article 109 (Application for Objection) |
| (1) | Any interested person to an objection case may, with respect to any violation or unjust disposition by the head of a Si/Eup/Myeon, apply for objection to the family court having jurisdiction over such region. |
| (2) | The family court which received the application referred to in paragraph (1) shall forward the documents concerning the application and may request the opinion of the head of the Si/Eup/Myeon concerned. |
| Article 110 (Measures Taken by Heads of Si/Eup/Myeon against Applications for Objection) |
| (1) | The head of a Si/Eup/Myeon shall, when he/she deems that the application has a reasonable ground, alter the disposition without delay and notify the court and the person who filed the application of the purport thereof. |
| (2) | When the application is deemed to have no reasonable ground, the head of the Si/Eup/Myeon concerned shall return the documents to the court without delay, attaching his/her opinion thereto. |
| Article 111 (Decision of Court on Applications for Objection) |
| (1) | The family court shall, when it deems that an application is without grounds, dismiss it and when it finds that reasonable grounds exist, order the head of the Si/Eup/Myeon concerned to take appropriate measures. |
| (2) | A trial either to dismiss an application or to order a disposition shall be concluded by a decision, which shall be forwarded to the head of the Si/Eup/Myeon concerned, and to the applicant. |
| Article 112 (Appeal to Higher Court) |
With respect to a decision of the family court, an appeal to a higher court in accordance with the Non-Contentious Case Litigation Procedure Act shall be permitted only by reason that the decision was made in violation of Acts and subordinate statutes.
| Article 113 (Costs for Application for Objection) |
CHAPTER VII FORWARDING OF REPORT DOCUMENTS AND SUPERVISION BY COURT
| Article 114 (Forwarding of Report Documents, etc.) |
The head of a Si/Eup/Myeon shall forward report documents, etc. of which recording in a register is completed under conditions prescribed by the Supreme Court Rules to the competent court with the exception of registration cases where it is not possible to record in a register.
| Article 115 (Examinations of Report Documents, etc. and Orders for Rectification) |
| (1) | The court shall, when it receives report documents, etc. forwarded by the head of a Si/Eup/Myeon, compare them with the matters recorded in the register and examine them without delay. |
| (2) | The court may, when it finds any violation or unfairness in such report documents, etc., as a result of the examination referred to in paragraph (1), order the head of the Si/Eup/Myeon concerned to take necessary dispositions such as issuance of an order for rectification. |
| (3) | Necessary matters concerning examination of report documents or order for rectification and procedure of keeping report documents shall be prescribed by the Supreme Court Rules. |
| Article 116 (Orders for Various Kinds of Reports, etc.) |
With respect to the head of a Si/Eup/Myeon, the court may take necessary measures, such as order to file various kinds of reports on registration affairs.
CHAPTER VIII PENAL PROVISIONS
| Article 117 (Penal Provisions) |
A person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or a fine not exceeding ten million won:
| 3. | A person who inspects other person's report documents by deceit or other unjust means in violation of Articles 14 (1) and (2), and 42, or a person who issues a certificate concerning the matters entered in report documents or recorded in registers, etc.; and |
| 4. | A person who enters registration information on family relations in a computerized information processing organization and changes them for processing without taking the procedure of obtaining approval for the authority over the handling of registration affairs pursuant to this Act, or a person who discovers registration information on family relations by using technical means. |
| Article 118 (Penal Provisions) |
| (1) | A person who has filed a false report on matters which do not require recording in the register or a person who guarantees in falsehood matters concerning report of registration shall be punished by imprisonment with prison labor for not more than one year or a fine not exceeding three million won. |
| (2) | Paragraph (1) shall apply in the same manner to persons who have filed a false report on the matters concerning foreigners. |
| Article 119 (Joint Penal Provisions) |
When the representative of a corporation, or the agent, employee or other servant of a corporation or individual commits violations under Articles 117 and 118 with respect to the business of the corporation or individual, in addition to punishing the violator, such corporation or individual shall be also punished by a fine under the relevant Articles: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violations. <Amended by Act No. 10279, May 4, 2010>
| Article 120 (Fines for Negligence) |
The head of a Si/Eup/Myeon who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five hundred thousand won:
| 1. | When he/she violates an order pursuant to Article 115 (2); and |
| 2. | When he/she violates an order pursuant to Article 116. |
| Article 121 (Fines for Negligence) |
In cases where the head of a Si/Eup/Myeon has issued a peremptory notice to file a report or an application, specifying a certain period of time in accordance with Article 38 or 108, the person who failed to file such report or application within the specified period of time without any justifiable reason shall be punished by a fine for negligence not exceeding one hundred thousand won.
| Article 122 (Fines for Negligence) |
When a person who is responsible for filing a report pursuant to this Act fails to file a report or application within a specific period of time without any justifiable reason, he/she shall be punished by a fine for negligence not exceeding fifty thousand won.
| Article 123 (Trials on Fines for Negligence) |
A trial on the fine for negligence referred to in Article 120 shall be held in accordance with the Non-Contentious Case Litigation Procedure Act by the family court which has jurisdiction over the location of the office of the head of a Si/Eup/Myeon to impose fines for negligence.
| Article 124 (Imposition and Collection of Fines for Negligence) |
| (1) | The fines for negligence as referred to in Articles 121 and 122 shall be imposed and collected by the head of a Si/Eup/Myeon(in cases falling under Article 21 (2), referring to the head of a Si/Gu having jurisdiction over the Dong receiving the report of birth and report of death; hereafter the same shall apply in this Article) under conditions prescribed by the Supreme Court Rules. |
| (2) | Any person who is dissatisfied with the disposition of a fine for negligence referred to in paragraph (1) shall raise an objection to the head of the Si/Eup/Myeon concerned within thirty days. |
| (3) | When a person who has been punished by a fine for negligence in accordance with paragraph (1) by the head of a Si/Eup/Myeon raises an objection in accordance with paragraph (2), the head of the relevant Si/Eup/Myeon shall notify the family court having jurisdiction over the address or place of the person who is subject to the disposition of a fine for negligence without delay, and the family court which has received such notice shall hold a trial on the fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act. |
| (4) | When no objection is raised within the period referred to in paragraph (2) and a fine for negligence is not paid, it shall be collected pursuant to the manner of the disposition of local taxes in arrears. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008: Provided, That the amended provisions of Articles 93 through 95 and 98 shall enter into force on September 1, 2008. Article 2 (Repealed Act)
The Family Register Act shall be repealed: Provided, That the provisions of Articles 109, 109-2, 110 and 112-2 of the former Family Register Act shall apply to reports filed by persons who have acquired nationality of the Republic of Korea, persons whose nationalities have been reinstated or persons who have been naturalized as a national of the Republic of Korea until August 31, 2008, and to the notice by the Minister of Justice of persons who have abandoned nationality of the Republic of Korea in accordance with Article 14 (1) of the Nationality Act on condition that, when the above mentioned Articles of the Family Register Act are applied, Article 15 of the Family Register Act shall be deemed as Article 9 of this Act, and permanent domicile as original domicile. Article 3 (Preparation, etc. of Registers)
| (1) | A register pursuant to Article 9 of this Act shall, in relation to the computerized family register compiled in accordance with Article 124-3 of the Family Register Act, be prepared, following the method of classifyingthe computerized data on family registers into individuals, based on mattersrecorded at the time when this Act enters into force. |
| (2) | Computerized family registers compiled in accordance with Article 124-3 of the former Family Register Act shall be removed from the register concurrently when this Act enters into force. |
| (3) | A family register which is transcribed through computerizationin accordance with Articles 2 and 3 of the Addenda of Amendments to the Enforcement Rules of the Family Register Act, Supreme Court Rule No. 1911 (hereinafter referred to as"image computerized family register") shall, notwithstanding the provisions of paragraph (1), be removed from the register concurrently when this Act enters into force: Provided, That in cases where a reporting, etc. occurs a new register shall be prepared with respect to a person whose family register has been removed. |
| (4) | In cases where a register is prepared in accordance with paragraph (1)and the proviso to paragraph (3), the permanent domicile entered in the previous family register shall be considered as the first original domicile pursuant to Article 10 of this Act. |
| (5) | When a report, etc. which was filed pursuant to the provisions of the former Family Register Act are discovered to have been omitted from the register at the time when this Act enters into force after it was removed pursuant to paragraph (2), the register newly prepared in accordance with paragraph (1) shall be closed and at the same time, the register removed pursuant to paragraphs (2) and (3) shall be revived. |
| (6) | When recording of the register revived pursuant to paragraph (5) is completed, it shall follow the provisions of paragraphs (1) through (3). |
Article 4 (Transitional Measures for Book of Removed Entries, etc.)
Handling of registration affairs concerning a book of removed entries pursuant to the provisions of the former Family Register Act or computerized family registers removed pursuant to Article 3 of the Addenda and imagecomputerized family registers (hereinafter referred to as a"book of removedentries, etc.") shall comply with the provisions of the former Family Register Act, and the detailed procedures concerning rectification of registers thereby shall be prescribed by the Supreme Court Rules: Provided, That with respect to a person who has the right to request for inspection of book of removed entries, etc. or issuance of a transcript or abstract thereof, Article 14 (1) shall apply.
Article 5 (Transitional Measures for Decisions on Confirmation of Existence ofde factoMartial Relations)
The provisions of Article 72 shall also apply to cases where a court decision has been conclusive as to confirmation of the existence ofde factomarital relations before this Act enters into force: Provided, That it shall not have influence on the effect which arises pursuant to the provisions of the former Family Register Act. Article 6 (Transitional Measures for Fines for Negligence)
The collection and procedure for trials of fines for negligence which have been imposed before this Act enters into force shall comply with the provisions of the former Family Register Act.
Article 7 (General Transitional Measures)
Any disposition, trial or other act and procedure which has been exercised pursuant to the former Family Register Act at the time when this Act enters into force shall be deemed to have been exercised pursuant to the relevant provisions of this Act if relevant provisions exist in this Act.
Article 8 Omitted.
Article 9 (Relations with Other Acts and Subordinate Statutes)
In cases where other Acts and subordinate statutes cite the former Family Register Act or the provisions thereof at the time when this Act enters into force, it shall, if there exist any provisions corresponding to such provisions in this Act, be deemed to cite this Act or the corresponding provisions of this Act in lieu of the former provisions.
ADDENDA<Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43 Omitted.
ADDENDA<Act No. 9832, Dec. 29, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force two years after the date of its promulgation.
|
| (2) | (Applicability) The amended provisions of Articles 14 and 15 shall apply to the kinds of certificates of registers recorded before this Act enters into force and the matters entered in the certificates. |
ADDENDA<Act No. 10275, May. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011: Provided, That ... <Omitted>...Article 4 (1) of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 10279, May 4, 2010>
This Act shall enter into force three months after the date of its promulgation.