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NON-CONTENTIOUS CASE PROCEDURE ACT

Wholly Amended by Act No. 4423, Dec. 14, 1991

Amended by Act No. 4834, Dec. 31, 1994

Act No. 5206, Dec. 30, 1996

Act No. 5592, Dec. 28, 1998

Act No. 5591, Dec. 28, 1998

Act No. 6086, Dec. 31, 1999

Act No. 6498, Jul. 24, 2001

Act No. 6526, Jul. 24, 2001

Act No. 6627, Jan. 26, 2002

Act No. 6626, Jan. 26, 2002

Act No. 7357, Jan. 27, 2005

Act No. 7428, Mar. 31, 2005

Act No. 8435, May 17, 2007

Act No. 8569, Jul. 27, 2007

Act No. 8581, Aug. 3, 2007

Act No. 10580, Apr. 12, 2011

Act No. 10924, Jul. 25, 2011

Act No. 11827, May 28, 2013

Act No. 12592, May 20, 2014

Act No. 13765, Jan. 19, 2016

PART I GENERAL PROVISIONS
 Article 1 (Scope of Application)
The provisions of this Part shall apply to all non-contentious cases that fall within the jurisdiction of courts (hereinafter referred to as “cases”), except as otherwise expressly provided for in this Act and other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 2 (Competent Court)
(1) Where the territorial jurisdiction of courts is to be determined based on the relevant party’s address, if he/she is not domiciled in the Republic of Korea or his/her address in the Republic of Korea is unknown, the competent court shall be the district court having jurisdiction over his/her place of residence.
(2) Where the relevant party has no residence or his/her residence is unknown, the competent court shall be the district court having jurisdiction over the place of the last address.
(3) Where the relevant party has no last address or such address is unknown, the competent court shall be the district court having jurisdiction over the seat of property or that of the Supreme Court.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 3 (Preferential Jurisdiction and Transfer)
Where several courts have relevant jurisdiction, the court with which the first petition is filed shall have jurisdiction over the relevant case. In such cases, upon request or ex officio, the court may transfer the said case to another competent court deemed adequate.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 4 (Designation of Competent Court)
(1) A competent court shall be designated if any doubt exists as to the territorial jurisdiction of several courts.
(2) A competent court shall be designated by the immediately superior court, which is common to the related courts, by ruling upon request. No appeal may be made against such ruling.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 5 (Exclusion of or Challenge against Court Officials)
The provisions of the Civil Procedure Act concerning the exclusion of or challenge against court officials shall apply mutatis mutandis to cases.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 6 (Attorney)
(1) A relevant party in a case may allow a person having the right of representation to represent parties for his/her procedural actions: Provided, That the same shall not apply where the principal has been ordered to act in person.
(2) A court may prohibit any person, other than an attorney-at-law, who engages in the business of representing parties, from acting as an attorney and order him/her to leave the courtroom. No appeal may be made against such order.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 7 (Attestation of Power of Attorney)
(1) Article 89 of the Civil Procedure Act shall apply mutatis mutandis to attorneys referred to in Article 6.
(2) No appeal may be made against any order with the purport that a private document evidencing the power of attorney be authenticated by a relevant public official or a notary public.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 8 (Method of Motion and Statement)
Article 161 of the Civil Procedure Act shall apply mutatis mutandis to motions and statements.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 9 (Matters to be Stated in Petitions, and Appending of Documentary Evidence)
(1) Each petition shall state the following matters, and the petitioner or his/her attorney shall affix his/her name and seal thereto or sign his/her name thereon: <Amended by Act No. 13765, Jan. 19, 2016>
1. Name and address of the petitioner;
2. If the petition is made by an attorney, his/her name and address;
3. Purport of the petition and the facts constituting the grounds therefor;
4. Date of the petition;
5. Indication of the court.
(2) If any documentary evidence exists, the original or a transcript thereof shall be appended to the petition.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 10 (Application Mutatis Mutandis of the Civil Procedure Act)
The provisions of the Civil Procedure Act concerning the appointed date, period, method of vindication, witnesses, and expert testimony, shall apply mutatis mutandis to cases.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 11 (Ex-Officio Finding of Facts and Examination of Evidence)
Courts shall ex officio find facts and examine evidence as it deems necessary.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 12 (Functions to be Commissioned)
Fact-finding, summons, notification, and execution of judgments, may be commissioned.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 13 (Hearings Closed to Public)
Hearings shall be closed to the public: Provided, That when a court deems it appropriate to allow a person to sit in on a hearing, it may do so.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 14 (Preparation of Protocols)
A court administrative officer, junior administrative officer, chief clerk, or senior clerk (hereinafter referred to as “junior administrative officer, etc.”) shall prepare a protocol with regard to the hearings of witnesses or expert witnesses and, if necessary, with regard to other hearing proceedings.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 15 (Public Prosecutor’s Submissions and Participation in Hearings)
(1) A public prosecutor may make submissions on a case and participate in a hearing thereon.
(2) Notice of a case and the date of hearing, shall be given to the public prosecutor.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 16 (Notification to Public Prosecutor)
When any court or other government agency, public prosecutor, or public official, discovers in the course of performing its/his/her duties that a case is to be put to trial upon request of a public prosecutor, it/he/she shall give notice thereof to the public prosecutor of the public prosecutors’ office, that corresponds to the competent court.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 17 (Form of Judgment)
(1) Each judgment shall be rendered by a ruling.
(2) A judge shall affix his/her signature and seal to the original copy of a judgment: Provided, That a petition or protocol may be made in lieu of the original, in which matters concerning the judgment are stated and to which the judge affixes his/her signature and seal.
(3) A junior administrative officer, etc. shall affix his/her name and seal to the certified copy and transcript of a judgment, with the court seal affixed to the certified copy.
(4) A name may be subscribed and a seal affixed in lieu of affixing a signature and seal under paragraph (2).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 18 (Notification of Judgment)
(1) Each judgment shall become valid upon notice thereof being given to the relevant party.
(2) Each judgment shall be notified in such manner as the court deems appropriate: Provided, That in cases of service by public notice, it shall be subject to the Civil Procedure Act.
(3) A junior administrative officer, etc. shall additionally state the method, place, and date of notification on the original judgment, and affix his/her seal thereto.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 19 (Annulment or Alteration of Judgment)
(1) If a court finds its judgment unlawful or unreasonable after passing it, it may annul or alter the judgment.
(2) If a judgment is to be rendered only upon request, no judgment dismissing such request may be annulled or altered unless it is made upon request.
(3) No judgment against which an immediate appeal is allowed may be annulled or altered.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 20 (Appeal)
(1) Any person whose right has been infringed by a judgment, may make an appeal against it.
(2) If a judgment is to be rendered only upon request, the judgment dismissing such request may be appealed only by the applicant.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 21 (Effect of Appeal)
Except as otherwise expressly provided for, the filing of appeals shall not have the effect of suspending execution.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 22 (Judgment of Appellate Court)
Any judgment rendered by an appellate court shall include the grounds therefor.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 23 (Procedures for Appeal)
Except as otherwise expressly provided for, the provisions of the Civil Procedure Act concerning appeals shall apply mutatis mutandis to appeals filed under this Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 24 (Liability for Costs)
The costs for procedures prior to trial and for notification of trial shall be borne by the petitioner, except where a person is otherwise expressly designated as liable to pay such costs: Provided, That when the petitioner is a public prosecutor, such costs shall be borne by the National Treasury.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 25 (Judgment on Costs)
If deemed necessary to determine costs under Article 24, the court shall do so in the judgment of the relevant case, specifying the amount.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 26 (Order for Interested Party to Bear Costs)
In extraordinary circumstances, the court may order an interested party, who is not liable for costs under this Act, to fully or partially bear the costs.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 27 (Joint Liability for Costs)
Article 102 of the Civil Procedure Act shall apply mutatis mutandis where more than one person is liable to bear costs.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 28 (Objection against Judgment on Costs)
An objection against a judgment on costs may be raised only by the person ordered to bear such costs. In such cases, no objection may be raised independently.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 29 (Compulsory Execution by Obligee to Costs)
(1) Any obligee to costs may make compulsory execution based on the judgment on such costs.
(2) The provisions of the Civil Execution Act shall apply mutatis mutandis to compulsory execution prescribed in paragraph (1): Provided, That no written judgment is required to be served before such execution is made.
(3) If an appeal is made against a judgment on costs, Articles 448 and 500 of the Civil Procedure Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 30 (Advance of Expenses by National Treasury)
Expenses for the finding and examination of facts, summonses, notification, and other necessary dispositions that courts make ex officio shall be advanced by the National Treasury.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 31 (Definitions of Petition, Request, and Motion)
For the purposes of this Part, the term “petition”, “request”, or “motion” includes a report.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
PART II NON-CONTENTIOUS CIVIL CASES
CHAPTER I CASES RELATING TO LEGAL ENTITIES
 Article 32 (Jurisdiction over Cases of Supplementing Articles of Incorporation of Incorporated Foundations)
(1) Any case falling under Article 44 of the Civil Act shall be subject to the jurisdiction of the district court in the domicile of the founder of the relevant legal entity as at the time he/she dies.
(2) If the founder of a legal entity is not domiciled in the Republic of Korea, the competent court shall be the district court in the residence of the founder as at the time he/she dies or in the place the legal entity is incorporated.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 33 (Jurisdiction over Appointment of Provisional Directors or Special Representatives or over Administration of Dissolution or Liquidation of Legal Entities)
(1) Appointment of a provisional director or special representative shall be subject to the jurisdiction of the collegiate division of the district court at the seat of the principal office of the relevant legal entity.
(2) Administration of the dissolution or liquidation of a legal entity shall be subject to the jurisdiction of the district court at the seat of its principal office.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 34 (Jurisdiction over Cases of Convocation of Special General Meetings)
(1) Each case falling under Article 70 (3) of the Civil Act shall be subject to the jurisdiction of the collegiate division of the district court at the seat of the principal office of the relevant legal entity.
(2) Articles 80 and 81 shall each apply mutatis mutandis to applications for permission to convene special general meetings under Article 70 (3) of the Civil Act and to judgments on cases involved.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 35 (Appointment of Inspectors for Legal Entities)
A court may assign a specially appointed person to perform inspections required for supervising a legal entity.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 36 (Liquidators)
Articles 117 (1), 119, and 121 shall apply mutatis mutandis to liquidators of legal entities.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 37 (Remuneration of Liquidators and Inspectors)
Articles 77 and 78 shall apply mutatis mutandis where a court appoints the liquidator of a legal entity or a person to perform inspections under Article 35.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 38 (Expenses, etc. for Appointment of Appraisers)
Articles 124 and 125 shall apply mutatis mutandis where an appraiser is appointed pursuant to Article 91 (2) of the Civil Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER II CASES RELATING TO TRUSTS
 Article 39 (Competent Court)
(1) Each case specified under the Trust Act (hereinafter referred to as “trust case”) shall be subject to the jurisdiction of the district court in the area where the trustee has his/her general forum, except as otherwise expressly provided for.
(2) Each trust case arising during the period between the termination of a former trustee’s duties and the commencement of a new trustee’s duties shall be subject to the jurisdiction of the district court in the area where the former trustee has his/her general forum.
(3) If more than one trustee or former trustee exists, a trust case shall be subject to the jurisdiction of the district court in the area where one of them has his/her general forum.
(4) Each case falling under Article 21 (3) of the Trust Act shall be subject to the jurisdiction of the district court in the domicile of the testator as at the time he/she dies.
(5) In the absence of any competent court under each of paragraphs (1) through (4), each trust case shall be subject to the jurisdiction of the district court in the area where trust property is located (for claims, this refers to the area where a judicial claim may be filed).
(6) Notwithstanding paragraphs (1) through (3) and (5), cases concerning the appointment of trust property administrators prescribed in Article 18 (1) 1 and 2 of the Trust Act shall be subject to the jurisdiction of a court classified as follows:
1. For cases concerning the appointment of a trust property administrator prescribed in Article 18 (1) 1 of the Trust Act: A court having jurisdiction over cases concerning the appointment of an administrator of inherited property under Articles 2 (1) 2 (a) (xxxvii) and 44 of the Family Litigation Act;
2. For cases concerning the appointment of a trust property administrator prescribed in Article 18 (1) 2 of the Trust Act: A court having jurisdiction over bankruptcy cases under Article 3 of the Debtor Rehabilitation and Bankruptcy Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 40 (Judgment on Termination of Trust Created by Declaration of Trust for Wrongful Purposes)
(1) When rendering a judgment on request under Article 3 (3) of the Trust Act, the court shall hear the opinion of the trustee.
(2) A judgment on request referred to in paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(3) Notice of a judgment rendered on request under paragraph (1) shall be given to the trustee and the beneficiary.
(4) The relevant trustee or beneficiary may file an immediate appeal against a judgment that accepts a request referred to in paragraph (1). In such cases, an immediate appeal shall have the effect of suspending execution.
(5) The relevant applicant may file an immediate appeal against a judgment that rejects the request referred to in paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 41 (Judgment on Permission to Resign as Trustee)
(1) When filing a petition for a judgment on permission to resign as trustee under Article 14 (2) of the Trust Act, the trustee shall clearly state the grounds therefor.
(2) No appeal may be filed against any judgment rendered on petition under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 42 (Judgment on Dismissal of Trustees)
(1) When rendering a judgment on request for dismissal of a trustee under Article 16 (3) of the Trust Act, the court shall examine the trustee.
(2) A judgment referred to in paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(3) Notice of a judgment rendered under paragraph (1) shall be given to the truster, trustee, and beneficiary.
(4) The relevant truster, trustee, or beneficiary may file an immediate appeal against a judgment rendered under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 43 (Judgment on Appointment of Trust Property Administrators)
(1) When rendering a judgment on appointment of a trust property administrator under Article 17 (1) of the Trust Act on the grounds that it is inappropriate for a trustee to conduct his/her trust affairs due to a conflict of interest between the trustee and the beneficiary, the court shall hear the opinions of the beneficiary and the trustee.
(2) A judgment referred to in paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(3) Notice of a judgment rendered under paragraph (1) shall be given to the beneficiary and the trustee.
(4) The relevant beneficiary or trustee may file an immediate appeal against a judgment rendered under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 44 (Judgment on Appointment of Trust Property Administrators)
(1) When rendering any of the following judgments, the court may hear interested parties’ opinions:
1. Judgment on appointment of a trust property administrator prescribed in Article 17 (1) of the Trust Act (limited to a judgment rendered on grounds of the termination of a trustee’s duties);
2. Judgment on appointment of a trust property administrator required under Article 18 (1) of the Trust Act;
3. Judgment on appointment of a new trust property administrator prescribed in Article 19 (4) of the Trust Act.
(2) No appeal may be filed against any judgment rendered under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 44-2 (Judgment on Determination of Remuneration of Trust Property Administrators)
(1) When rendering a judgment on determination of remuneration of a trust property administrator under Article 17 (6) or 18 (3) of the Trust Act, the court shall hear the opinion of the beneficiary or other co-trustees, if any.
(2) Notice of a judgment rendered under paragraph (1) shall be given to the beneficiary and other co-trustees, if any.
(3) The relevant beneficiary or any of the other co-trustees, if any, may file an immediate appeal against a judgment rendered under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-3 (Judgment on Permission to Resign as or on Dismissal of Trust Property Administrators)
(1) When filing a petition for a judgment on permission to resign as trust property administrator under Article 19 (2) of the Trust Act, the trust property administrator shall clearly state the grounds therefor.
(2) When rendering a judgment on dismissal of a trust property administrator under Article 19 (3) of the Trust Act, the court may hear interested parties’ opinions.
(3) No appeal may be filed against any judgment rendered under paragraphs (1) and (2).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-4 (Judgment on Appointment of New Trustees)
(1) When filing an application for appointment of a new trustee under Article 21 (2) of the Trust Act, the grounds therefor shall be clearly stated.
(2) When rendering a judgment on application under paragraph (1), the court may hear interested parties’ opinions.
(3) Notice of a judgment rendered on application under paragraph (1) shall be given to the truster, beneficiary, and other co-trustees, if any.
(4) The relevant truster or beneficiary or any of the other co-trustees, if any, may file an immediate appeal against a judgment rendered on application under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-5 (Judgment on Appointment of New Trustees for Testamentary Trusts)
(1) When rendering a judgment on appointment of a new trustee under Article 21 (3) of the Trust Act, Article 44-4 (1) and (2) shall apply mutatis mutandis.
(2) No appeal may be filed against any judgment rendered under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-6 (Judgment on Determination of Remuneration of New Trustees)
When rendering a judgment on determination of remuneration of a new trustee under Article 21 (4) of the Trust Act, Article 44-2 shall apply mutatis mutandis to the procedures therefor.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-7 (Decision on Vesting of Articles Created by Annexing to Trust Property)
(1) With respect to a judgment on vesting of an article created by specification in the owner of the source materials under the proviso to Article 28 of the Trust Act, a request therefor may be filed by the truster, trustee (if a trust property administrator is appointed, referring to a trust property administrator; hereafter in this Article, the same shall apply), or beneficiary. In such cases, if more than one trustee is appointed, such request may be filed severally.
(2) When rendering a judgment on request under paragraph (1), the court shall hear the opinions of the truster, trustee, and beneficiary.
(3) A judgment on request under paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(4) Notice of a judgment rendered on request under paragraph (1) shall be given to the truster, beneficiary, and trustee. If more than one trustee is appointed, such notice shall be given severally.
(5) The relevant truster, beneficiary, or trustee (if he/she has so stipulated, another co-trustee, if any) may file an immediate appeal against a judgment rendered on request under paragraph (1). In such cases, if more than one trustee is appointed, such immediate appeal may be filed severally.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-8 (Court’s Leave to Engage in Conduct against Beneficiaries’ Interests)
(1) When filing an application for leave to engage in conduct against the beneficiary’s interests under Article 34 (2) 3 of the Trust Act, the trustee shall clearly state the grounds therefor.
(2) When rendering a judgment on application under paragraph (1), the court shall hear the opinions of any other co-trustee (if a trust property administrator is appointed, referring to a trust property administrator; hereafter in this Article, the same shall apply) and the beneficiary.
(3) A judgment on application filed under paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(4) Notice of a judgment rendered on application under paragraph (1) shall be given to other co-trustees and the beneficiary.
(5) Another co-trustee or the beneficiary may file an immediate appeal against a judgment rendered on application under paragraph (1). In such cases, an immediate appeal shall have the effect of suspending execution.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-9 (Judgment on Appointment of Trust Administrators)
(1) When rendering a judgment on appointment of a trust administrator under Article 67 (1) or (2) or 70 (6) of the Trust Act, the court may hear interested parties’ opinions.
(2) No appeal may be filed against any judgment rendered under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-10 (Judgment on Determination of Remuneration of Trust Administrators)
(1) When rendering a judgment on determination of remuneration of a trust administrator under Article 67 (4) of the Trust Act, the court shall hear the opinion of the trustee (if a trust property administrator is appointed, referring to a trust property administrator; hereafter in this Article, the same shall apply).
(2) Notice of a judgment rendered under paragraph (1) shall be given to the trustee.
(3) The relevant trustee may file an immediate appeal against a judgment rendered under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-11 (Judgment on Permission to Resign as or on Dismissal of Trust Administrators)
(1) When filing a petition for a judgment on permission to resign as trust administrator under Article 70 (2) of the Trust Act, the trust administrator shall clearly state the grounds therefor.
(2) When rendering a judgment on dismissal of a trust administrator under Article 70 (4) of the Trust Act, the court may hear interested parties’ opinions.
(3) No appeal may be filed against any judgment rendered under paragraphs (1) and (2).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-12 (Judgment on Permission to Convene Beneficiaries’ Meetings)
(1) When filing a petition for permission to convene a beneficiaries’ meeting under Article 72 (4) of the Trust Act, the beneficiary shall clearly state the fact that the trustee has neglected to convene the beneficiaries’ meeting.
(2) A petition filed under paragraph (1) shall be made in writing.
(3) Article 81 shall apply mutatis mutandis to a petition for permission to convene a beneficiaries’ meeting under Article 72 (4) of the Trust Act and to a judgment on the relevant case.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-13 (Trust Bonds)
Where a trustee issues any bond under Article 87 (1) of the Trust Act, the following provisions shall apply mutatis mutandis:
1. For a judgment on an application for permitting resignation of a company commissioned to offer bonds for subscription or on request for removing such company from office, or for a judgment on request for appointment of a successor to the company's affairs: Article 110;
2. For an application for permission to convene a bondholders’ meeting: Article 112;
3. For a request for authorization for resolution of a bondholders’ meeting: Article 113;
4. For an application for permitting reimbursement from trust property of both remuneration payable to a company commissioned to offer bonds for subscription or its representative or executor and expenses incurred in the execution of its affairs: Article 114.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-14 (Judgment on Modification of Trusts)
(1) A petition for judgement on modification of a trust filed under Article 88 (3) of the Trust Act shall be made in writing.
(2) When rendering a judgment on petition filed under paragraph (1), the court shall hear the opinions of the truster, trustee, and beneficiary.
(3) A judgment on petition filed under paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(4) Notice of a judgment rendered on petition under paragraph (1) shall be given to the truster, trustee, and beneficiary.
(5) The relevant truster, trustee, or beneficiary may file an immediate appeal against a judgment rendered on petition under paragraph (1). In such cases, an immediate appeal shall have the effect of suspending execution.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-15 (Determination of Purchase Prices of Beneficiary Rights)
(1) Applications for determination of a purchase price under Article 89 (4), 91 (3), or 95 (3) of the Trust Act, shall be made in writing.
(2) When rendering a judgment on application under paragraph (1), the court shall hear the opinions of the trustee and the beneficiary who has requested the purchase of his/her beneficiary right.
(3) A judgment on application made under paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(4) Notice of a judgment rendered on application under paragraph (1) shall be given to the trustee and the beneficiary who has requested the purchase of his/her beneficiary right.
(5) The relevant trustee or the beneficiary who has requested the purchase of his/her beneficiary right may file an immediate appeal against a judgment rendered on application under paragraph (1). In such cases, an immediate appeal shall have the effect of suspending execution.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-16 (Judgment on Termination of Trusts due to Changes in Circumstances)
(1) When rendering a judgment on application under Article 100 of the Trust Act, the court shall hear the opinions of the truster, trustee, and beneficiary.
(2) A judgment on application made under paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(3) Notice of a judgment rendered on application under paragraph (1) shall be given to the truster, trustee, and beneficiary.
(4) The relevant truster, trustee, or beneficiary may file an immediate appeal against a judgment rendered on application under paragraph (1). In such cases, an immediate appeal shall have the effect of suspending execution.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-17 (Judgment on Appointment of Inspectors)
(1) Applications for appointment of an inspector under Article 105 (2) of the Trust Act shall be made in writing.
(2) Applications made under paragraph (1) shall include the purposes of inspection, in addition to the matters listed under Article 9 (1).
(3) No appeal may be filed against any judgment rendered on application under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-18 (Remuneration of Inspectors)
(1) When a court has appointed an inspector under Article 105 (2) of the Trust Act, it may order the inspector’s remuneration to be paid out of the trust property.
(2) When rendering a judgment on determination of the inspector’s remuneration under paragraph (1), the court shall hear the trustee’s opinion.
(3) Notice of a judgment rendered under paragraph (1) shall be given to the trustee.
(4) The relevant trustee may file an immediate appeal against a judgment rendered under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-19 (Reporting by Inspectors)
(1) An inspector appointed under Article 105 (2) of the Trust Act shall report his/her inspection results in writing to the court.
(2) If any explanation on inspection is required, the court may examine the inspector appointed under Article 105 (2) of the Trust Act.
(3) The court may order the trustee to take corrective measures based on the inspection results under paragraph (1).
(4) Immediately upon receipt of an order issued under paragraph (3), the trustee shall notify the beneficiary thereof.
(5) No appeal may be filed against an order issued under paragraph (3).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-20 (Petitions for Trust Cases concerning Limited Liability Trusts)
(1) Petitions for trust cases concerning limited liability trusts under Article 114 (1) of the Trust Act shall be filed in writing.
(2) A petition filed under paragraph (1) shall include the name of the limited liability trust, the name or title of the trustee, and the location of the office of trust services under Article 114 (2) 4 of the Trust Act, in addition to the matters listed under Article 9 (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-21 (Permission for Satisfaction of Claims by Liquidating Trustees)
When a liquidating trustee referred to in Article 133 (1) of the Trust Act applies for permission for satisfaction of claims under Article 135 (2) of the same Act, he/she shall clearly state the grounds therefor.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-22 (Procedures and Expenses for Appointment of Appraisers)
(1) No appeal may be filed against any judgment rendered on appointment of an appraiser under Article 136 (4) of the Trust Act.
(2) Expenses incurred in appointing an appraiser under Article 136 (4) of the Trust Act shall be borne by a liquidating trustee under Article 133 (1) of the same Act. The same shall also apply to expenses incurred in summoning or examining an appraiser.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-23 (Trust Administrators’ Authority)
Where a trust administrator is appointed under Article 67 (1) or (2) of the Trust Act, he/she shall be deemed a beneficiary for the purposes of this Chapter.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 44-24 (Supervision by Court)
(1) If deemed necessary to supervise a trust case, upon an interested party’s request or ex officio, the court may order the submission of inventory and other books of account and documents pertaining to trust affairs, and examine the trustee and other relevant persons on trust affairs.
(2) Applications referred to in paragraph (1) shall be made in writing.
(3) No appeal may be filed against any judgment rendered under paragraph (1).
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
CHAPTER III CASES RELATING TO JUDICIAL SUBROGATION
 Article 45 (Requests for Judicial Subrogation)
Where an obligee cannot preserve his/her claim or is likely to have difficulty preserving his/her claim unless he/she exercises the obligor’s right before his/her claim becomes due, he/she may request judicial subrogation.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 46 (Competent Court)
Judicial subrogation shall be subject to the jurisdiction of the district court in the area where the obligor has his/her general forum.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 47 (Matters to be Stated in Requests for Subrogation)
Each request for subrogation shall state the following matters, in addition to those listed under Article 9 (1):
1. Names and addresses of the obligor and third obligor;
2. Indication of the claim which the applicant intends to preserve and the right which he/she intends to exercise.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 48 (Acceptance of Requests for Subrogation)
If deemed that a request for subrogation is well-grounded, the court may accept it with or without security provided.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 49 (Notification of Judgment)
(1) If a court accepts a request for subrogation, it shall give ex officio notice thereof to the obligor.
(2) No obligor in receipt of notice under paragraph (1) may dispose of his/her right involved.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 50 (Immediate Appeal)
(1) An immediate appeal may be filed against a judgment which has dismissed a request for subrogation.
(2) An obligor may file an immediate appeal against a judgment which has accepted a request for subrogation.
(3) The period of appeal filed under paragraphs (1) and (2) shall be reckoned from the date the obligor is notified of the judgment.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 51 (Liability for Costs of Appeal)
With respect to the costs of the appellate procedure and those of the previous trial to be borne by the appellant, a person liable for bearing such costs shall be determined under Article 98 of the Civil Procedure Act, by deeming the applicant and the appellant to be the relevant parties.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 52 (Opening of Trial to General Public and Non-Participation of Public Prosecutors)
Articles 13 and 15 shall not apply to any procedure prescribed in this Chapter.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER IV CASES RELATING TO PRESERVATION, ESCROW, CUSTODY, AND APPRAISAL
 Article 53 (Designation of Escrow Agency, and Appointment of Escrow Agent for Items in Escrow)
(1) Designation of an escrow agency and appointment of an escrow agent for items in escrow under Article 488 (2) of the Civil Act shall be subject to the jurisdiction of the district court in the place where the obligation is to be performed.
(2) The court shall examine the obligee and the person performing the obligation, before it determines the designation and appointment under paragraph (1).
(3) Where the court makes designation and appointment under paragraph (1), expenses incurred in such procedures shall be borne by the obligee.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 54 (Duty of Escrow Agent for Items in Escrow)
Articles 694 through 697 and 700 of the Civil Act shall apply mutatis mutandis to the duty of an escrow agent for items in escrow under Article 53: Provided, That notification under Article 696 of the Civil Act shall be made to the person performing the obligation.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 54-2 (Permission, etc. for Resignation of Escrow Agent for Items in Escrow)
(1) A court may permit the resignation of or dismiss an escrow agent for items in escrow under Article 53. If a court permits the resignation of an escrow agent for items in escrow, it shall reappoint an escrow agent for items in escrow.
(2) Article 44-11 (1) shall apply mutatis mutandis to the procedures for permitting the resignation of an escrow agent for items in escrow.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 55 (Deposit of Proceeds of Auction)
Article 53 shall apply mutatis mutandis to the court’s leave under Article 490 of the Civil Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 56 (Permission for Appropriation of Pledged Items to Satisfaction of Claims)
(1) Article 53 (1) and (2) shall apply mutatis mutandis to requests for appropriating pledged items directly to satisfaction of claims under Article 338 (2) of the Civil Act.
(2) Where a court has permitted a request under paragraph (1), expenses incurred in the relevant procedures shall be borne by the pledger.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 57 (Appointment of Appraiser upon Subrogative Exercise of Right of Redemption)
(1) Appointment, summons, and examination of an appraiser prescribed in Article 593 of the Civil Act shall be subject to the jurisdiction of the district court in the area where the property is located.
(2) Where a court has made an appointment under paragraph (1), expenses incurred in the relevant procedures shall be borne by the buyer.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 58 (Non-Participation of Public Prosecutors)
Article 15 shall not apply to the procedures prescribed in this Chapter.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 59 (Prohibition on Appeals)
No appeal may be filed against any judgment rendered on designation, appointment, or permission under this Chapter.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER V REGISTRATION OF LEGAL ENTITIES
 Article 60 (Competent Registry)
(1) With respect to the registration of a legal entity, the district court or branch thereof or the registry having jurisdiction over the area where the office of the legal entity is located shall be the competent registry.
(2) Paragraph (1) shall apply mutatis mutandis to the registration of foreign legal entities having offices in the Republic of Korea.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 61 Deleted. <by Act No. 8569, Jul. 27, 2007>
 Article 62 (Registration of Directors and Liquidators)
In the registration of a director or liquidator of a legal entity, his/her resident registration number shall also be included.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 63 (Applications for Registration of Incorporation)
(1) An application for registering incorporation of a legal entity shall be filed by the person to represent the legal entity.
(2) An application for registration filed under paragraph (1) shall be accompanied by the following documents:
1. Articles of incorporation of the legal entity;
2. Documents evidencing the qualifications of directors;
3. Written permission of the competent authority or a transcript authenticating it;
4. Inventory.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 64 (Registration of Alterations)
(1) An application for registration of a new establishment or relocation of a legal entity’s office or other changes in registered matters shall be accompanied by documents evidencing the new establishment or relocation of the office or the changes in registered matters, but with respect to those requiring permission from the competent authority, the relevant written permission or a transcript authenticating it shall be appended thereto.
(2) Where a temporary director applies for registration under paragraph (1), the documents evidencing his/her qualifications shall be appended to the application.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 65 (Registration of Dissolution)
An application for registering the dissolution of a legal entity shall be accompanied by the documents evidencing the grounds for dissolution and those evidencing the qualifications of liquidators except where the directors thereof are the liquidators.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 65-2 (Public Notice of Registered Matters)
Registered matters shall be publicly notified in a newspaper at least once.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 65-3 (Selection of Newspapers for Public Notice of Registered Matters)
(1) The chief judge of a district court shall select in December of each year a newspaper in which to publish the public notice of registered matters in the following year, from among the newspapers in his/her jurisdiction, and shall notify it publicly in a daily newspaper.
(2) Where the newspaper in which to publish the public notice has stopped or discontinued issuing, another newspaper shall be selected and notified publicly in the same manner as provided for in paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 65-4 (Placing Notice in Lieu of Public Notice in Newspapers)
Where the chief judge of a district court deems that no newspaper suitable exists for public notice in his/her jurisdiction, he/she may place a notice on a bulletin board of the registry and Si/Gun/Gu under its jurisdiction, in lieu of a public notice in a newspaper.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 66 (Application Mutatis Mutandis of the Commercial Registration Act)
(1) Articles 3, 5 through 10, 11 (2) and (3), 12 through 22, 24 and 25, subparagraphs 1 through 12, 14, and 17 of Article 26, and Articles 28, 75 through 80, 82 through 86, 87 (1), 88, 89, and 91 of the Commercial Registration Act, shall apply mutatis mutandis to the registration of both legal entities and foreign legal entities having offices in the Republic of Korea: Provided, That Article 25 (1) and (2) of the Commercial Registration Act shall not apply mutatis mutandis to applications for registration of temporary directors.
(2) Articles 54 through 60 and 81 of the Commercial Registration Act shall apply mutatis mutandis to the registration of legal entities.
(3) Article 23 (3) of the Commercial Registration Act shall apply mutatis mutandis to the registration of foreign legal entities having offices in the Republic of Korea.
[This Article Wholly Amended by Act No. 12592, May 20, 2014]
 Article 67 (Application, etc. of Provisions on Registration of Legal Entities to Registration of Special Legal Entities)
(1) The provisions on registration of legal entities in this Act shall also apply to the registration of legal entities established pursuant to Acts and subordinate statutes, other than the Civil Act and the Commercial Act: Provided, That the same shall not apply where expressly provided for in such Acts and subordinate statutes to the contrary or where it is unpermissible in light of its nature.
(2) The provisions of Articles 16 and 17 of the Commercial Registration Act concerning managers and the provisions of the same Act concerning the registration of company managers shall apply mutatis mutandis to an attorneys capable of performing all judicial or extra-judicial acts with respect to the affairs of legal entities under paragraph (1). <Amended by Act No. 12592, May 20, 2014>
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER VI REGISTRATION OF MARITAL PROPERTY AGREEMENTS
 Article 68 (Competent Registry)
With respect to the registration of marital property agreements, the district court or branch thereof or the registry having jurisdiction over the domicile of a person to be the husband shall be the competent registry.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 69 Deleted. <by Act No. 10580, Apr. 12, 2011>
 Article 70 (Applicants for Registration of Marital Property Agreements)
A marital property agreement shall be registered upon application by both parties to the agreement: Provided, That the registration of termination of a marital property agreement due to death of either of the parties shall be made upon application by the other party.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 71 (Application Mutatis Mutandis of the Registration of Real Estate Act)
Subparagraphs 1 through 3 of Article 2, Articles 6, 8 through 13, 14 (2) through (4), 16 through 20, 22 and 24 (1) 1 and (2), subparagraphs 1 through 5 and 8 through 10 of Article 29, and Articles 31 through 33, 58, 100 through 109, and 113 of the Registration of Real Estate Act shall apply mutatis mutandis to the registration of marital property agreements.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
PART III NON-CONTENTIOUS COMMERCIAL CASES
CHAPTER I CASES RELATING TO COMPANIES AND AUCTIONS
 Article 72 (Jurisdiction)
(1) Cases falling under Articles 176, 306, 335-5, 366 (2), 374-2 (4), 386 (2), 432 (2), and the proviso to 443 (1) of the Commercial Act, and the applicable provisions thereof, and cases falling under Articles 277 (2), 298, 299, 299-2, 300, 310 (1), 391-3 (4), 417, 422, 467, 582, and 607 (3) of the said Act, shall be subject to the jurisdiction of the collegiate division of the district court at the seat of the head office.
(2) Cases falling under Article 239 (3) of the Commercial Act and the applicable provisions thereof shall be subject to the jurisdiction of the court of first instance accepting filing of a suit for nullification of a merger.
(3) Cases falling under Article 619 of the Commercial Act shall be subject to the jurisdiction of the district court in the area where a business office to be subject to an order for closure, of a foreign company is located.
(4) Cases falling under Article 600 (1) of the Commercial Act shall be subject to the jurisdiction of the district court at the seat of the head office of the company that survives a merger or is established in consequence of a merger.
(5) Cases falling under Articles 70 (1) and 808 (1) of the Commercial Act shall be subject to the jurisdiction of the district court at the seat of things to be auctioned.
(6) Cases falling under Article 394 (2) of the Commercial Act shall be subject to the jurisdiction of the court having jurisdiction over cases falling under Article 403 of the said Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 73 (Mode of Applications for Appointment of Inspectors)
(1) Applications for appointment of an inspector shall be made in writing.
(2) Applications made under paragraph (1) shall include the following matters, and the applicant shall affix his/her name and seal thereto:
1. Ground for the application;
2. Purpose of the inspection;
3. Application date;
4. Indication of the court.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 74 (Reporting by Inspectors)
(1) Each inspector shall prepare his/her inspection report in writing.
(2) If any explanation of the inspection is required, the court may examine the inspector.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 75 (Judgment on Modification of Matters on Irregular Incorporation)
(1) Any judgment on the modification of matters on irregular incorporation under Article 300 of the Commercial Act, shall be rendered by ruling, stating the grounds therefor.
(2) A court shall hear statements by promoters and directors before rendering a judgment.
(3) Promoters and directors may file an immediate appeal against a judgment rendered under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 76 (Judgment on Appointment of Inspectors)
When rendering a judgment on appointment of an inspector under Article 467 (1) of the Commercial Act, the court shall hear statements by the directors and auditor.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 77 (Remuneration of Inspectors)
Where a court has appointed an inspector under Article 298, 310 (1), 422 (1), or 467 (1) of the Commercial Act, it may order the relevant company to pay the inspector’s remuneration. In such cases, the amount of remuneration shall be determined by the court after hearing opinions from the directors and auditor.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 78 (Immediate Appeals)
An immediate appeal may be filed against a judgment rendered under Article 76 or 77.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 79 (Convocation of General Meetings for Inspecting Affairs and Status of Assets)
If deemed necessary to convene a general meeting of stockholders in conducting an inspection under Article 467 of the Commercial Act, the court shall order the said meeting to be convened within a specified period.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 80 (Applications for Permission to Inspect Affairs and Status of Assets or to Convene General Meetings)
(1) When applying for permission to conduct an inspection under Article 277 (2) of the Commercial Act, the grounds for inspection shall be clearly stated, and when applying for permission to convene a general meeting under Article 366 (2) of the said Act, the fact that the director has neglected such convocation shall be clearly stated.
(2) Applications filed under paragraph (1) shall be made in writing.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 81 (Judgment on Applications for Inspection, etc. of Affairs and Status of Assets)
(1) With respect to applications filed under Article 80, the court shall render a judgment by ruling, stating the grounds therefor.
(2) No appeal may be filed against any judgment granted an application.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 82 (Applications for Leave for Change of Escrow Agency, etc. of Payment)
Applications for leave filed under Article 306 of the Commercial Act (including cases to which it applies mutatis mutandis in Articles 425 (1) and 516-9 (4) of the Commercial Act), shall be made jointly by the promoters or directors, with the grounds therefor stated clearly.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 83 (Applications for Leave for Selling Fractional Shares)
Article 82 shall apply mutatis mutandis to applications for leave filed under the proviso to Article 443 (1) of the Commercial Act (including cases to which it applies mutatis mutandis in Articles 461 (2) and 530 (3) of the Commercial Act).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 84 (Judgment on Appointment of Acting Directors)
(1) When rendering a judgment on appointment of an acting director under Article 386 (2) of the Commercial Act (including cases to which it applies mutatis mutandis in Article 415 of the Commercial Act), the court shall hear statements by the directors and auditor.
(2) Articles 77, 78, and 81 shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 84-2 (Judgment on Appointment of Representative for Action)
(1) When rendering a judgment on appointment of a representative for an action under Article 394 (2) of the Commercial Act, the court shall hear statements by the directors or the audit committee.
(2) Article 81 shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 85 (Applications for Permission for Acting Directors to Do Acts Outside Ordinary Course of Business)
(1) Applications for permission to do any act outside the ordinary course of business under the proviso to Article 408 (1) of the Commercial Act shall be made by the relevant acting director.
(2) An immediate appeal may be filed against a judgment granted an application. In such cases, the period of appeal shall be reckoned from the date the acting director has been notified of the judgment.
(3) An appeal filed under paragraph (2) shall have the effect of suspending execution.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 86 (Applications, etc. for Authorization to Issue Stocks below Par Value)
(1) Applications for authorization to issue stocks below par value under Article 417 of the Commercial Act shall be made in writing.
(2) A judgment on application filed under paragraph (1) shall be rendered by ruling, stating the grounds therefor.
(3) A court shall hear statements by directors before rendering a judgment.
(4) An immediate appeal may be filed against a judgment rendered under paragraph (2).
(5) An appeal filed under paragraph (4) shall have the effect of suspending execution.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 86-2 (Judgment on Determination of Sales Prices or Purchase Prices of Stocks)
(1) A court shall hear statements by a stockholder and a person who requests sale, or by a stockholder and directors, before rendering a judgment on determination of the sales price of stocks under Article 335-5 of the Commercial Act and the applicable provisions thereof or on determination of the purchase price of stocks under Article 374-2 (4) of the said Act and the applicable provisions thereof.
(2) When several applications are pending simultaneously, the trial and judgment shall be combined.
(3) Article 86 (1), (2), (4), and (5) shall apply mutatis mutandis to judgment rendered under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 87 Deleted. <by Act No. 11827, May 28, 2013>
 Article 88 (Applications for Increase or Decrease in Amount to be Paid to Stockholders of New Stocks due to Nullification of Issuance thereof)
(1) Applications prescribed in Article 432 (2) of the Commercial Act shall be made within six months from the date a judgment nullifying issuance of new stocks becomes final and conclusive.
(2) An examination may be conducted only after a period specified under paragraph (1).
(3) When several applications are pending simultaneously, the trial and judgment shall be combined.
(4) Immediately upon receipt of an application made under paragraph (1), a court shall announce the fact publicly in the Official Gazette.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 89 (Effect of Judgment Rendered on Application under Article 88)
(1) A judgment rendered on application under Article 88 (1) shall be binding on all stockholders.
(2) Articles 75 (1), 76, 78, and 85 (3) shall apply mutatis mutandis to judgment rendered under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 90 (Judgment Ordering Dissolution)
(1) Article 75 (1) shall apply mutatis mutandis to judgment rendered under Article 176 (1) of the Commercial Act.
(2) A court shall hear statements by interested parties and the opinion of the public prosecutor before rendering a judgment.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 91 (Immediate Appeals)
A company, interested party, or public prosecutor, may file an immediate appeal against a judgment rendered under Article 90. In such cases, an appeal shall have the effect of suspending execution.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 92 (Public Notice of Applications for Dissolution Order, and Method thereof)
Article 88 (4) shall apply mutatis mutandis where an application for a dissolution order is filed under Article 176 (1) of the Commercial Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 93 (Final Judgment on Dissolution and Commission of Registration)
When a judgment ordering dissolution of a company becomes final and conclusive, the court shall commission the registries in the seats of the head office and branch offices of the company, to register such judgment.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 94 (Dispositions Necessary for Preserving Company’s Assets prior to Dissolution Order)
(1) Articles 44-9, 77, and 78 shall apply mutatis mutandis where an administrator is appointed or other disposition necessary for preserving a company’s assets is taken under Article 176 (2) of the Commercial Act.
(2) Articles 681, 684, 685, and 688 of the Civil Act shall apply mutatis mutandis to administrators referred to in paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 94-2 (Permission, etc. for Resignation of Administrators)
(1) A court may permit the resignation of, or dismiss, an administrator under Article 94. If a court permits the resignation of an administrator, it shall reappoint an administrator.
(2) Article 44-11 shall apply mutatis mutandis to the procedures for permitting the resignation of, or dismissing, an administrator.
[This Article Newly Inserted by Act No. 11827, May 28, 2013]
 Article 95 (Reporting, etc. by Company Administrators on Status of Company’s Assets)
(1) A court may order an administrator it appoints to report on the status of assets and to keep management accounts. No appeal may be filed against such order.
(2) Any interested party may apply to peruse documents concerning reporting and accounts under paragraph (1) or to issue a transcript thereof after paying the fee.
(3) A public prosecutor may peruse documents referred to in paragraph (2).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 96 (Liability for Expenses)
(1) Where a court renders a judgment ex officio under Article 176 (2) of the Commercial Act or a judgment commensurate with an application, the expenses incurred in the procedure prior to the judgment and in the notification of the judgment shall be borne by the company. The same shall also apply to expenses incurred in any disposition ordered by the court.
(2) Where a court renders a judgment commensurate with an appellant’s application, the expenses incurred in the appeal procedure and those incurred in the preceding instance borne by the appellant shall be borne by the company.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 97 (Provision of Security by Persons Requesting Dissolution Order)
Articles 120 (1) and 121 through 126 of the Civil Procedure Act shall apply mutatis mutandis to any security to be provided under Article 176 (3) of the Commercial Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 98 (Final Judgment on Nullification of Incorporation and Commission of Registration)
When a judgment nullifying the incorporation of a company becomes final and conclusive, the court of first instance in receipt of the suit shall commission the registries in the seats of the head office and branch offices of the company, to register such judgement.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 99 (Final Judgment on Nullification of Merger, etc. and Commission of Registration)
Article 98 shall apply mutatis mutandis where a judgment nullifying the merger of a company or the division or merger after division of a stock company becomes final and conclusive.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 100 (Judgment on Determination of Proportions of Assuming Liabilities of Merged Company)
Articles 75 (1), 78, and 85 (3) shall apply mutatis mutandis to judgment rendered under Article 239 (3) of the Commercial Act (including cases to which it applies mutatis mutandis in Articles 269 and 530 (2) of the Commercial Act).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 101 (Applying Mutatis Mutandis to Limited Companies and Closure of Business Offices of Foreign Companies)
(1) Articles 76 through 81, 83, 84, 84-2, 85, 88, 89, and 100, shall apply mutatis mutandis to limited companies.
(2) Articles 90 through 94, 94-2, and 95 through 97, shall apply mutatis mutandis to cases where ordering the closure of a business office of a foreign company.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 102 (Creditors’ Requests for Preservation of Seized Equity Holdings)
(1) Any creditor who has given advance notice under the proviso to Article 224 (1) of the Commercial Act (including cases to which it applies mutatis mutandis in Article 269 of the Commercial Act) may request the collegiate division of the district court at the seat of the head office of the company to take measures necessary for preserving a claim for the refund of equity holdings.
(2) Articles 75 (1) and 78 shall apply mutatis mutandis to judgment rendered on request under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 103 Deleted. <by Act No. 11827, May 28, 2013>
 Article 104 (Applications for Authorization of Merger of Limited Company and Stock Company)
Applications for authorization of a merger prescribed in Article 600 (1) of the Commercial Act shall be made jointly by the directors and auditors of the companies to be merged.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 105 (Applications for Authorization of Changes in Organizational Structure of Limited Companies)
Article 104 shall apply mutatis mutandis to the cases of applying for authorization under Article 607 (3) of the Commercial Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 106 (Judgment on Applications, etc. for Authorization of Merger of Limited Companies)
Article 81 shall apply mutatis mutandis where an application is filed under Articles 104 and 105.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 107 (Other Cases where Registration is to be Commissioned)
In any of the following cases, the court of first instance in receipt of the suit shall commission the registries at the seats of the head office and branch offices of the relevant company to register relevant facts:
1. Where a judgment on dismissal of the company’s liquidator is rendered;
2. Where a judgment on revocation of the incorporation of a partnership company, a limited partnership company, or a limited company becomes final and conclusive;
3. Where a judgment on expulsion of any member from a partnership company or a limited partnership company, or on forfeiture of his/her executive or representative authority, becomes final and conclusive;
4. Where a non-standing director, auditor, representative director, or liquidator of a stock company, or a non-standing director, auditor, or liquidator of a limited company, is appointed;
5. Where a judgment on dismissal of a director or auditor of a stock company, or of a director of a limited company, becomes final and conclusive;
6. Where, after matters resolved at an inaugural general meeting or stockholders’ general meeting of a stock company or at a members’ general meeting of a limited company are registered, a judgment on revocation of the resolution, verification of invalidity or absence of the resolution, or revocation or alteration of the unlawful resolution, becomes final and conclusive;
7. Where a judgment on the nullification of the issuance of new stocks or decrease of capital by a stock company becomes final and conclusive;
8. Where a judgment on the nullification of the exchange or transfer of stocks of a stock company becomes final and conclusive;
9. Where a judgment on the nullification of the increase or decrease of capital by a limited company becomes final and conclusive.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 108 (Documents Required for Commission of Registration)
When a court commissions under this Act, the registries at the seats of the head office and branch offices of a company to make registration, it shall annex a transcript of its judgment to the written commission.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER II CASES RELATING TO BONDS
 Article 109 (Competent Court)
Cases falling under Articles 439 (3) (including the applicable provisions thereof), 481, 482, 483 (2), 491 (3), 496, and 507 (1) of the Commercial Act, shall be subject to the jurisdiction of the collegiate division of the district court at the seat of the head office of the company which has issued the relevant bonds.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 110 (Judgment on Companies Commissioned to Offer Bonds for Subscription)
(1) Any judgment on application for leave under Article 481 of the Commercial Act, request for removal under Article 482 of the said Act, or request for appointment under Article 483 (2) of the said Act shall be rendered by ruling with grounds therefor appended, after hearing the opinions of the interested parties.
(2) No appeal may be filed against any judgment granted an application or request.
(3) An immediate appeal may be filed against a judgment not granted an application or request.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 111 Deleted. <by Act No. 11827, May 28, 2013>
 Article 112 (Requests for Leave for Convocation of Bondholders’ Meetings)
Articles 80 and 81 shall apply mutatis mutandis to requests for leave under Article 491 (3) of the Commercial Act.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 113 (Requests for Ratification of Resolutions by Bondholders’ Meetings)
(1) When requesting ratification of a resolution under Article 496 of the Commercial Act, the minutes shall be submitted.
(2) Articles 78, 85 (3), and 110 (1) shall apply mutatis mutandis where a request is made under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 114 (Applications for Leave for Defrayment of Remuneration, etc. for Commission to Offer Bonds for Subscription)
(1) Applications for leave prescribed in Article 507 (1) of the Commercial Act shall be made by the company commissioned to offer bonds for subscription or by its representative or executor.
(2) Article 113 (2) shall apply mutatis mutandis where an application is made under paragraph (1).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 115 (Applications for Extension of Period of Objection for Bondholders)
Article 110 shall apply mutatis mutandis where an application is made for permission to extend a period under Article 439 (3) of the Commercial Act (including cases to which it applies mutatis mutandis in Article 530 (2) of the Commercial Act).
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 116 (Non-Participation of Public Prosecutors)
Article 15 shall not apply to any procedure referred to in this Chapter.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER III CASES INVOLVING LIQUIDATION OF COMPANIES
 Article 117 (Competent Court)
(1) Cases involving the liquidation of a partnership company or a limited partnership company shall be subject to the jurisdiction of the district court at the seat of the head office of such company.
(2) Cases involving the liquidation of a stock company or a limited company shall be subject to the jurisdiction of the collegiate division of the district court at the seat of the head office of such company.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 118 (Supervision by Court)
(1) The liquidation of a company shall be subject to supervision by a court.
(2) A court may request the governmental office supervising a company's business affairs to state its opinion, or entrust it with an investigation.
(3) The governmental office supervising a company's business affairs may state to the court, its opinion on the liquidation of the relevant company.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 119 (Judgment on Appointment, Dismissal, etc. of Liquidators)
No appeal may be filed against any judgment on appointment or dismissal of a liquidator.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 120 (Agents of Liquidators)
Articles 84 and 85 shall apply mutatis mutandis to liquidators of a stock company and a limited company.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 121 (Disqualification for Appointment as Liquidator)
None of the following persons can be appointed as a liquidator:
1. A minor;
2. An adult ward or limited ward;
3. A person subject to suspension of qualification or disqualification;
4. A liquidator dismissed by the court;
5. A person adjudicated bankrupt.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 122 Deleted. <by Act No. 11827, May 28, 2013>
 Article 123 (Remuneration of Liquidators)
Articles 77 and 78 shall apply mutatis mutandis where a court appoints a liquidator.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 124 (Expenses Incurred in Appointing Appraisers)
Where a court appoints an appraiser under Article 259 (4) of the Commercial Act or the applicable provisions thereof, the relevant expenses shall be borne by the company. The same shall also apply to expenses incurred in summoning and examining the appraiser.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 125 (Procedures for and Judgment on Appointment of Appraisers)
Articles 58 and 59 shall apply mutatis mutandis to procedures for and judgments on appointment of appraisers under Article 124.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 126 (Applications by Liquidators for Leave to Repay Claims)
Articles 81 (1) and 82 shall apply mutatis mutandis to applications for leave made under Article 536 (2) of the Commercial Act or the applicable provisions thereof.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 127 (Judgment on Appointment of Document Custodians)
No appeal may be filed against any judgment on appointment of a document custodian under Article 541 (2) of the Commercial Act or the applicable provisions thereof.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 128 (Liquidation Procedures following Closure of Foreign Company’s Business Office)
This Chapter shall apply mutatis mutandis to liquidation prescribed in Article 620 of the Commercial Act, except where it is unpermissible in light of its nature.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
CHAPTER IV (Articles 129 through 246) Deleted.
PART IV SUPPLEMENTARY PROVISIONS
 Article 247 (Jurisdiction over Cases of Administrative Fines)
Except as otherwise expressly provided for in other Acts and subordinate statutes, any case of an administrative fine shall be subject to the jurisdiction of the district court in the domicile of the person subject to the administrative fine.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 248 (Procedures for Judgments on Administrative Fines)
(1) Judgments on administrative fines shall be rendered by ruling with the grounds therefor appended.
(2) A court shall hear statements by the relevant party and seek opinions from the public prosecutor before rendering a judgment.
(3) The relevant party and the public prosecutor may file an immediate appeal against the judgment on an administrative fine. In such cases, an appeal shall have the effect of suspending execution.
(4) Expenses incurred in the procedure for a judgment on an administrative fine shall be borne by the person sentenced to the administrative fine if such sentence is passed, but otherwise such expenses shall be borne by the National Treasury.
(5) When the appellate court has rendered a judgment approving the application of the relevant party, expenses incurred in the appeal procedure and expenses disbursed by the relevant party in the preceding instance shall be borne by the National Treasury.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 249 (Execution of Judgment on Administrative Fines)
(1) Judgments on administrative fines shall be executed by order of the public prosecutor. In such cases, the order shall have the same effect as an enforceable title of execution.
(2) Procedures for execution of judgments on administrative fines shall be subject to the provisions of the Civil Execution Act: Provided, That service of the judgment is unnecessary before the execution.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 250 (Summary Judgement)
(1) If deemed reasonable, the court may proceed with a trial on an administrative fine without hearing any statements from the relevant party.
(2) The relevant party and the public prosecutor may file an objection within one week from the date of receiving a notice on the judgement under paragraph (1).
(3) The judgement rendered under paragraph (1) shall lose validity upon filing of an objection.
(4) Upon receipt of an objection, the court shall hear statements by the relevant party and bring the case to a new trial.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
 Article 251 (Procedures for Non-Contentious Cases concerning Foreigners)
The procedures for cases concerning foreigners, specially required by a treaty, shall be determined by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 11827, May 28, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1992.
Article 2 (Retroactive Application, etc.)
(1) This Act shall also apply to matters occurring before this Act enters into force: Provided, That it shall not affect any validity arising pursuant to the former provisions.
(2) Any disposition, procedure, etc. taken pursuant to the former provisions before this Act enters into force, shall be deemed taken pursuant to the corresponding provisions of this Act.
Article 3 (Transitional Measures for Registrars)
Any person designated as a registrar as at the time this Act enters into force shall be deemed designated pursuant to the provisions of this Act.
Article 4 (Applicability to Registration of Company Managers)
(1) Any registration of a company manager entered in a management register as at the time this Act enters into force shall be transcribed to the register of the company, as prescribed by the Supreme Court Regulations.
(2) The registration referred to in paragraph (1) shall be subject to the former precedents until it is transcribed under paragraph (1), regardless of the provisions of Article 180 and those applying it mutatis mutandis.
Article 5 (Applicability to Company’s Head Office Relocation Registration, etc.)
With respect to registrations to be concurrently requested or entrusted under Article 185 (2), 196 (3), or 200 (1) or pursuant to the provisions applying it mutatis mutandis, and where a request or entrustment is made for a registration on a part of them before this Act enters into force, the procedures for such registrations shall be subject to the former precedents.
Article 6 Omitted.
ADDENDUM <Act No. 4834, Dec. 31, 1994>
This Act shall enter into force on January 1, 1995.
ADDENDA <Act No. 5206, Dec. 30, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1997: Provided, That the amended provisions of Article 147 (3), and subparagraph 16 of Article 159 shall enter into force on July 1, 1997.
Article 2 (Transitional Measures for Public Notice of Registered Matters)
(1) The provisions of Articles 65-2 through 65-4 concerning public notice shall not apply during the period designated by the Supreme Court Regulations.
(2) In cases falling under paragraph (1), it shall be deemed notified publicly during that period.
Article 3 (Applicability to Cases, etc. Pending)
(1) The amended provisions of Articles 86-2 and 88 (4) shall also apply to cases pending as at the time this Act enters into force.
(2) The amended provisions of Article 190 (1), subparagraph 5 of Article 203, subparagraph 5 of Article 215, and subparagraph 5 of Article 223 shall also apply to registration requested after October 1, 1996, which registration has not been completed as at the time this Act enters into force.
ADDENDA <Act No. 5591, Dec. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5592, Dec. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 6086, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6498, Jul. 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6526, Dec. 19, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Article 2 (Transitional Measures for Designation of Registrars)
(1) Public officials in general service working in the court as at the time this Act enters into force may be designated as registrars pursuant to the former provisions.
(2) Any person designated as a registrar pursuant to the former provisions as at the time this Act enters into force shall be deemed designated under the amended provisions of Article 132 (1).
ADDENDA <Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7357, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8569, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008: Provided, That the amended provisions of Articles 66 (1) and 67 (limited to the provisions to which Articles 12, and 18 (2) and (4) of the Commercial Registration Act apply mutatis mutandis) shall enter into force on April 1, 2008.
Article 2 (Applicability to Registration)
This Act shall also apply to matters of registration arising before this Act enters into force: Provided, That the same shall not apply to those registered pursuant to the former provisions.
Article 3 (Transitional Measures for Designation of Registrars)
(1) A public official in general service under sub-class of court clerical official holding office in a court (excluding a person appointed after he/she passed an examination for service conducted after January 1, 2002) as at the time this Act enter into force, may be designated as a registrar, notwithstanding Article 4 of the Commercial Registration Act which applies mutatis mutandis to Article 66 (1).
(2) A person designated as a registrar pursuant to the former provisions as at the time this Act enters into force shall be deemed designated pursuant to this Act.
Article 4 (Transitional Measures for Discontinued Registration Forms and Discontinued Registration Records)
Registration forms discontinued pursuant to the former provisions as at the time this Act enters into force shall be managed pursuant to the former provisions: Provided, That the amended provision of Article 66 (1) (limited to the provisions to which Article 14 (2) of the Commercial Registration Act applies mutatis mutandis) shall apply to discontinued registration records, the period for preservation of which has not ended under the former provisions as at the time this Act enters into force as those discontinued by a computerized information processing organization.
Article 5 (General Transitional Measures)
(1) The former provisions shall apply to affairs of registration, the procedure for which is pending pursuant to the former provisions as at the time this Act enters into force.
(2) Dispositions, procedures, and other activities conducted pursuant to the former provisions as at the time this Act enters into force shall be deemed conducted pursuant to the relevant provisions of this Act.
ADDENDA <Act No. 8581, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10924, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11827, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Act shall also apply to any case pending in court as at the time this Act enters into force: Provided, That the same shall not affect any validity arising pursuant to the former provisions.
Article 3 (Transitional Measures concerning Incompetents, etc.)
Adult wards or limited wards subject to the amended provisions of subparagraph 2 of Article 121, shall be deemed to include those declared incompetent or quasi-incompetent under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429).
Article 4 (Transitional Measures concerning Adult Wards, etc.)
The term “adult ward” and “limited ward” in the amended provisions of subparagraph 2 of Article 121 shall be construed as “incompetent” and “quasi-incompetent”, respectively, until June 30, 2013.
ADDENDA <Act No. 12592, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13765, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preparation of Application)
The amended provisions of Article 9 (1) shall apply, beginning with the preparation of the first application after this Act enters into force.