ENFORCEMENT DECREE OF THE NOTARY PUBLIC ACT
Wholly Amended by Presidential Decree No. 5246, Aug. 1, 1970
Amended by Presidential Decree No. 5514, Feb. 8, 1971
Presidential Decree No. 6112, Mar. 20, 1972
Presidential Decree No. 6514, Feb. 24, 1973
Presidential Decree No. 8979, Apr. 27, 1978
Presidential Decree No. 9358, Mar. 3, 1979
Presidential Decree No. 10749, Mar. 8, 1982
Presidential Decree No. 12040, Dec. 31, 1986
Presidential Decree No. 12208, Jul. 1, 1987
Presidential Decree No. 13135, Oct. 13, 1990
Presidential Decree No. 13390, jun. 19, 1991
Presidential Decree No. 13889, May 26, 1993
Presidential Decree No. 14054, Dec. 31, 1993
Presidential Decree No. 14721, Jul. 6, 1995
Presidential Decree No. 15581, Dec. 31, 1997
Presidential Decree No. 16408, jun. 29, 1999
Presidential Decree No. 16709, Feb. 14, 2000
Presidential Decree No. 18039, jun. 30, 2003
Presidential Decree No. 18207, Dec. 30, 2003
Presidential Decree No. 18297, Feb. 28, 2004
Presidential Decree No. 18580, Nov. 3, 2004
Presidential Decree No. 18594, Dec. 3, 2004
Presidential Decree No. 18920, jun. 30, 2005
Presidential Decree No. 19206, Dec. 28, 2005
Presidential Decree No. 19458, Apr. 27, 2006
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 19958, Mar. 27, 2007
Presidential Decree No. 20393, Nov. 20, 2007
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21052, Sep. 30, 2008
Presidential Decree No. 21146, Dec. 3, 2008
Presidential Decree No. 21181, Dec. 24, 2008
Presidential Decree No. 21904, Dec. 24, 2009
Presidential Decree No. 22006, Feb. 4, 2010
Presidential Decree No. 22300, Jul. 26, 2010
Presidential Decree No. 23383, Dec. 21, 2011
Presidential Decree No. 23437, Dec. 30, 2011
Presidential Decree No. 24850, Nov. 20, 2013
Presidential Decree No. 27103, Apr. 26, 2016
Presidential Decree No. 27971, Mar. 29, 2017
The purpose of this Decree is to prescribe matters delegated by the Notary Public Act and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 1-2 (Procedures for Appointment of Appointed Notaries Public) |
| (1) | Any person who intends to be appointed as an appointed notary public pursuant to Article 11 of the Notary Public Act (hereinafter referred to as the "Act") shall file an application for appointment prescribed by Ordinance of the Ministry of Justice with the following documents attached thereto with the Minister of Justice: |
| 1. | A certified transcript or abridged transcript of resident registration card; |
| 2. | A curriculum vitae and certificate of career; |
| 3. | A document indicating the predetermined place for the establishment of office; |
| 4. | A health certificate pursuant to the Regulations for Physical Examination for Employment of Public Officials. |
| (2) | If there is a defect in any item entered in an application pursuant to paragraph (1) or attached documents are insufficient, the Minister of Justice may request the applicant to supplement it. |
| (3) | If deemed necessary when examining documents pursuant to paragraph (1), the Minister of Justice may conduct an inspection of facts and evidence or request the applicant to submit relevant data. |
| (4) | When the Minister of Justice appoints a notary public pursuant to Article 11 of the Act, he/she shall record the following matters in the book of appointment of notaries public and issue a letter of appointment to the applicant: |
| 1. | The number and date of appointment; |
| 2. | The name and address of an appointed notary public; |
| 3. | The location of office; |
| 4. | Other necessary matters than those prescribed in subparagraphs 1 through 3. |
| (5) | If the Minister of Justice issues a letter of appointment of notary public to an applicant pursuant to paragraph (4), he/she shall notify the chief public prosecutor of the district public prosecutors' office to which the appointed notary public belongs and the Korean Notaries Association (hereinafter referred to as the "Korean Notaries Association") pursuant to Article 77-2 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 1-3 (Procedures for Authorization for Authorized Notaries Public) |
| (1) | Any person who intends to obtain authorization for authentication pursuant to Article 15-2 of the Act shall file an application for authorization prescribed by Ordinance of the Ministry of Justice with the following documents attached thereto with the Minister of Justice: |
| 1. | The articles of association or rules; |
| 2. | A curriculum vitae and certificate of career of an attorney-at-law to be designated as an attorney-at-law in charge of authentication; |
| 3. | A health certificate of an attorney-at-law to be designated as an attorney-at-law in charge of authentication pursuant to the Regulations for Physical Examination for Employment of Public Officials; |
| 4. | A document indicating the place for establishment or predetermined place of office. |
| (2) | If there is a defect in any item entered in an application pursuant to paragraph (1) or attached documents are insufficient, the Minister of Justice may request the applicant to supplement it. |
| (3) | If deemed necessary when examining documents pursuant to paragraph (1), the Minister of Justice may conduct an inspection of facts and evidence or request the applicant to submit relevant data. |
| (4) | When the Minister of Justice authorizes authentication pursuant to Article 15-2 of the Act, he/she shall record the following matters in the book of authorization of notaries public and issue a letter of authorization of authentication to the applicant: |
| 1. | The number and date of authorization; |
| 2. | The name of an authorized notary public; |
| 3. | The location of office; |
| 4. | The name and address of an attorney-at-law in charge of authentication; |
| 5. | Other necessary matters than those prescribed in subparagraphs 1 through 4. |
| (5) | If the Minister of Justice issues a letter of authorization of authentication to an applicant pursuant to paragraph (4), he/she shall notify the chief public prosecutor of the district public prosecutors' office to which the authorized notary public belongs and the Korean Notaries Association. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 2 (Indication, etc. of Notaries Public) |
| (1) | A notary public shall attach a signboard on his/her office (in cases of an authorized notary public, referring to the head office only; hereinafter the same shall apply) according to the following classification: |
| 1. | Appointed notary public: A signboard bearing the words "office of notary public ○○○" which may indicate the name of the appointed notary public; |
| 2. | Authorized notary public: A signboard indicating that he has obtained authorization for authentication pursuant to Article 15-2 of the Act. |
| (2) | "Authorization for authentication" or any indication similar thereto shall not be attached or placed on a branch office of an authorized notary public. |
[This Article Wholly Amended by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 2-2 Deleted. <by Presidential Decree No. 22006, Feb. 4, 2010> |
[Former Article 2-3 moved to Article 37-3]
| Article 2-4 Deleted. <by Presidential Decree No. 14054, Dec. 31, 1993> |
| Article 3 (Official Seal) |
A notary public shall keep an official seal prescribed by Ordinance of the Ministry of Justice in his/her office. <Amended by Presidential Decree No. 14054, Dec. 31, 1993; Presidential Decree No. 22006, Feb. 4, 2010; Presidential Decree No. 23437, Dec. 30, 2011>
[This Article Wholly Amended by Presidential Decree No. 13135, Oct. 13, 1990]
| Article 3-2 Deleted. <by Presidential Decree No. 13135, Oct. 13, 1990> |
| Article 4 (Reporting on Employment, etc. of Assistants) |
| (1) | Where any notary public intends to assign an assistant under the former part of Article 23 (2) of the Act, he/she shall report thereon to the Korean Notaries Association with the assistant's personal history written by the assistant himself/herself, a basic certificate of family relations register and identification statement. <Amended by Presidential Decree No. 19507, Jun. 12, 2006; Presidential Decree No. 22006, Feb. 4, 2010> |
| (2) | Where a notary public replaces an assistant by another or dismisses an assistant or where an assistant dies, the relevant notary public shall forthwith report to the Korean Notaries Association, as provided in the latter part of Article 23 (2) of the Act. <Amended by Presidential Decree No. 22006, Feb. 4, 2010> |
[This Article Wholly Amended by Presidential Decree No. 16408, Jun. 29, 1999]
| Article 5 (Recognizance of Assistants) |
A notary public shall cause an assistant to take an oath that such assistant shall not divulge any confidential information he/she has obtained in the course of performing his/her duties.
| Article 6 Deleted. <by Presidential Decree No. 16408, Jun. 29, 1999> |
| Article 7 (Deed Paper and other Documents) |
| (1) | Deed paper and other documents prepared by a notarial office shall be in accordance with the standard scale determined in the Regulations on the Efficiency of Administration and the Promotion of Cooperation, and the name of such notarial office shall be printed on such paper. <Amended by Presidential Decree No. 13390, Jun. 19, 1991; Presidential Decree No. 23383, Dec. 21, 2011; Presidential Decree No. 27103, Apr. 26, 2016> |
| (2) | Matters necessary for the format, methods of preparation, and order of binding documents used in a notarial office and for other dispositions of notarial affairs shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended by Presidential Decree No. 13135, Oct. 13, 1990]
| Article 7-2 (Indication of Writers) |
When an authorized notary public prepares a document concerning authentication, he/she shall record an agency or organization to which he/she belongs, the location and name of his/her office in the document and then an attorney-at-law in charge of authentication reported pursuant to Article 15-3 of the Act shall sign and seal the document after presenting himself/herself as the attorney-at-law in charge of authentication in the document. [This Article Wholly Amended by Presidential Decree No. 22006, Feb. 4, 2010]
Regulations concerning the working hours of public officials shall be applied mutatis mutandis to the office hours of a notary public.
| Article 9 (Posting in Office) |
The standard amount of fees, daily allowances, travel expenses, actual expenses and storage fees (limited to the office of a designated notary public; hereinafter the same shall apply) pursuant to Article 7 of the Act and the fact that a notary public may comply with the commission pursuant to Article 2 of the Act of a client (hereinafter referred to as "commission") out of office hours if an emergency arises, shall be posted within easy sight in the office. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| Article 9-2 Deleted. <by Presidential Decree No. 14054, Dec. 31, 1993> |
| Article 9-3 Deleted. <by Presidential Decree No. 22006, Feb. 4, 2010> |
| Article 10 (Order of Disposition of Affairs) |
A notary public shall dispose of affairs in the order of commission in the absence of extenuating circumstances.
| Article 11 (Cases of Refusal of Commission) |
| (1) | Where a notary public refuses the acceptance of a commission, if there is a request of a person who commissions (hereinafter referred to as "client"), such notary public shall issue a statement regarding such refusal. <Amended by Presidential Decree No. 22006, Feb. 4, 2010> |
| (2) | In cases under paragraph (1), a notary public shall report without delay the reason of such refusal to the chief prosecutor of the district public prosecutors' office to which he/she belongs and the chairperson of the Korean Notaries Association. <Amended by Presidential Decree No. 22006, Feb. 4, 2010> |
| Article 12 (Measures in Cases of Doubts as to Preparation or Authorization of Deeds) |
| (1) | When a notary public prepares or authorizes a deed concerning a juristic act, if there are points of doubt with respect to the capacity of the person concerned and other matters having an influence on the validity of the juristic act, a notary public shall notify the related persons of that fact and request those related persons to make necessary explanations. |
| (2) | When a notary public prepares a deed concerning facts not involving a juristic act, if there are doubtful points with respect to the rights being influenced due to those facts, the same shall apply as provided in paragraph (1). |
| Article 13 (Notification to Principal) |
| (1) | Where a notary public prepared a deed under the commission of an agent, such notary public shall notify the following matters to the principal within three days from the date on which the deed was prepared: Provided, That where the agent is an employee or a person residing with the principal, the same shall not apply: <Amended by Presidential Decree No. 22006, Feb. 4, 2010> |
| 1. | The title, number, and date of preparation of the deed; |
| 2. | The name and office of the notary public; |
| 3. | The name and address of the agent and the counter-party; |
| (2) | When a notary public carries out notification pursuant to paragraph (1) of this Article, such notary public shall record the major points of notification, and methods and date of notification in a remarks column of a ledger of deeds. |
| Article 14 (Certificate in Cases of Simultaneous Performance of Several Commissions) |
| (1) | Where a notary public receives several commissions from one client at the same time, only one copy of a certificate (hereinafter referred to as "certificate") issued by an administrative agency which must be submitted to a notary public pursuant to Articles 27 (2), 56-2 (6), 59, 63 (4), 66-2 (4), 66-5 (3) and (4), and 66-6 (2) of the Act may suffice for the relevant purposes. <Amended by Presidential Decree No. 12040, Dec. 31, 1986; Presidential Decree No. 22006, Feb. 4, 2010> |
| (2) | In cases under paragraph (1), a notary public shall bind the original of a certificate (if it is impossible to submit the original of the certificate, a copy thereof) to the file of documents regarding such one commission, and shall bind a document recording the reason thereof to the file of documents regarding other commissions. <Amended by Presidential Decree No. 12040, Dec. 31, 1986> |
| Article 15 (Request for Return of Original) |
When a client requests the return of the original of attached papers stipulated in Article 40 (1) of the Act, a notary public shall prepare a certified copy of the attached papers in lieu of the original attached papers, affix his/her seal on it after recording the ground for the return of the original and the date on which it is prepared, and then shall store it in a file of documents regarding the commission. <Amended by Presidential Decree No. 12040, Dec. 31, 1986>
| Article 16 (Request for Re-issuance of Original Certificate) |
A notary public shall, where there is a person who requests the re-issuance of the original of a certificate related to a juristic act and there are points of doubt with respect to the grounds for such request, require the requesting person to prove such grounds.
| Article 17 (Receipt for Prepayment of Fees, etc.) |
When a notary public makes a client prepay the roughly estimated amount of fees, daily allowances, travel expenses, actual expenses and storage fees pursuant to Article 7 of the Act, such notary public shall issue a receipt for that prepayment to such client. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| Article 18 (Keeping, etc. of Books) |
| (1) | A notary public shall keep the following books in his/her office: <Amended by Presidential Decree No. 16408, Jun. 29, 1999> |
| 1. | The original register of deeds, notarial deed book, receipt book, inconvertible date book, and trust indication book; |
| 2. | The original file copy of authentic deeds, file copy of notarial deeds for private certificates, notarial deeds file of articles of association, and file transcripts of memoranda of protest; |
| 3. | A written application file, invoice file, and acquaintance book; |
| 4. | A file of rules or articles of incorporation of the notarial office, a file on the report of assistants, a file on the report of present situation of the disposition of notarial affairs, and a file on the inspection of notarial documents. |
| (2) | The format and the order of binding documents as provided in paragraph (1) of this Article shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended by Presidential Decree No. 13135, Oct. 13, 1990]
| Article 19 (Order of Recording) |
The registration number shall be printed in advance in the original register of deeds and notarial deed book, and such original register of deeds and notarial deed book shall be recorded in the order of request.
| Article 20 (Authentication of Original Register of Deeds, etc.) |
| (1) | The original register of deeds and notarial deed book made by a notary public or the Korean Notaries Association shall be used, and shall be authenticated by the Minister of Justice before recording. <Amended by Presidential Decree No. 23437, Dec. 30, 2011> |
| (2) | In the original register of deeds and notarial deed book, the Minister of Justice shall affix his/her official seal on the joint of every page after recording the number of pages on the back side of the cover, signing his/ her name, and affixing his/her official seal: Provided, That affixing his/her official seal may be substituted by boring. <Amended by Presidential Decree No. 13135, Oct. 13, 1990; Presidential Decree No. 23437, Dec. 30, 2011> |
| (3) | The Minister of Justice shall consign the affairs related to the authentication under paragraphs 1 and 2 to the chairperson of the Korean Notaries Association under Article 78 (2). <Newly Inserted by Presidential Decree No. 23437, Dec. 30, 2011> |
| Article 21 (Receipt Numbers) |
The receipt numbers shall be newly determined each year.
| Article 22 (Verification other than by Resident Registration Certificate, etc.) |
If a notary public is commissioned to provide authentication, and if such notary public verifies that a client is the principal himself/herself, other than by a resident registration certificate or other certificates certifying the principal, such notary public shall record the ground therefor in the remarks column of the notarial deeds book. <Amended by Presidential Decree No. 12040, Dec. 31, 1986>
| Article 23 (Methods of Recording in Cases of Many Clients) |
| (1) | If it is required to record the name of a client in the original register of deeds, and if there are two or more clients, one name of each of the parties shall be recorded, and with respect to the rest of the parties, only the number of persons shall be recorded. |
| (2) | With respect to the authentication of articles of incorporation and minutes, the provisions of paragraph (1) shall also apply where the names and addresses of clients or the names of persons signing and sealing are recorded, and where the number of those clients or persons is two or more. <Amended by Presidential Decree No. 12040, Dec. 31, 1986> |
| (3) | When a notary public provides authentication of the articles of incorporation and minutes of a company, the name of the company shall be recorded in the remarks column of the notarial deeds book. <Amended by Presidential Decree No. 12040, Dec. 31, 1986> |
| Article 24 (Receipt and List of Documents) |
| (1) | If a notary public receives documents pursuant to Articles 72, 73, 75, and 76 of the Act, he/she shall prepare a list of documents and record the ground for receipt of such documents and the date of receipt at the end of such list of documents, and if there is a public official participating in this, such public official and the recipient shall sign and seal that list. |
| (2) | A notary public shall submit a copy of a list of documents prepared pursuant to paragraph (1) of this Article to the chief public prosecutor of the district public prosecutors' office to which he/she belongs without delay. |
| Article 25 (Handling Concurrent Office by Notaries Public Holding Concurrent Office in accordance with Order to Concurrently Perform Affairs of another Notary Public) |
| (1) | A notary public holding concurrent office pursuant to Article 71 (1) of the Act may carry out the affairs of his/her predecessor in his/her office. |
| (2) | In cases under paragraph (1), the grounds shall be reported to the Minister of Justice without delay. |
| Article 26 (Notices concerning Agents, Successors, and Notaries Public Holding Concurrent Office) |
An agent and successor of a notary public, or a notary public holding concurrent office pursuant to Article 71 of the Act shall post the fact that he/she performs duties as an agent, successor or notary public holding concurrent office, in easy sight in the office where notarial affairs are executed. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| Article 27 (Number of Documents Prepared by Successor) |
The number of documents prepared by a successor shall be recorded in the order of the number of documents that have been prepared by his/her predecessor or a notary public holding concurrent office.
| Article 28 (Reporting in Cases where Notarial Affairs cannot be Performed) |
If a notary public cannot perform his/her notarial affairs due to a disease or other extenuating circumstances, and if it is impossible to entrust another notary public with vicarious execution of his/her notarial affairs, such notary public shall report the grounds therefor to the chief public prosecutor of the district public prosecutors' office to which he/she belongs. The same shall also apply where a notary public becomes able to carry out again his/her notarial affairs.
| Article 29 (Changes of Name and Address, Reporting on Dismissal or Death) |
| (1) | Where a notary public changes his/her name or address, or is dismissed from notarial office, such notary public shall report such fact, without delay, to the chief public prosecutor of the district public prosecutors' office to which he/she belongs. |
| (2) | Where a notary public is deceased, the provisions of paragraph (1) shall apply mutatis mutandis to his/her lineal descendents. |
| Article 30 (Directions by Minister of Justice) |
When a notary public has doubts in carrying out his/her notarial affairs, such notary public shall manage notarial affairs under the directions of the Minister of Justice. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| Article 31 (Presentation of Documents to Minister of Justice) |
Where a notary public presents documents to the Minister of Justice, such presentation of documents shall be executed by delivering them through the chief public prosecutor of the district public prosecutors' office to which he/she belongs: Provided, That in cases where matters of emergency exist, the same shall not apply.
| Article 32 (Nominal Roll of Notaries Public) |
The chief public prosecutor of each district public prosecutors' office shall keep a nominal roll of notaries public and record the following matters therein: <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| 1. | Appointed notary public: Name, address, date of birth, and location of office of the notary public; |
| 2. | Authorized notary public: Name and location of office of the notary public, and name, address and date of birth of an attorney-at-law in charge of authentication. |
| Article 33 (Reporting on Grounds for Dismissal, etc.) |
The chief public prosecutor of each district public prosecutors' office shall, when he/she deems that any of the events set forth in Article 13, 15 (1) and (3) (including cases where Article 15-4 (3) applies mutatis mutandis), 15-4 (2) or 15-8 (1) occurs to a notary public who is registered with him, report that fact without delay to the Minister of Justice. The same shall also apply where a notary public changes his/her name or address, or where he is deceased. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| Article 34 (Reappointment and Re-authorization) |
| (1) | An appointed notary public who desires to be reappointed after the completion of his/her term of office or an authorized notary public who desires to be re-authorized after the expiration of the effective period pursuant to Article 15-8 (1) of the Act shall apply for the reappointment or re-authorization in writing to the Minister of Justice, after delivering it through the chief public prosecutor of the district public prosecutors' office to which he/she belongs three months before the date of the completion of his/her term of office pursuant to Article 15 (1) of the Act, or three months before the expiration of the effective period. <Amended by Presidential Decree No. 22006, Feb. 4, 2010> |
| (2) | Where an application pursuant to paragraph (1) is filed, the chief public prosecutor of the relevant district public prosecutors' office shall submit a report to the Minister of Justice by appending his/her written opinion to the written application of a notary public. |
| (3) | Where the Minister of Justice has reappointed or re-authorized a notary public pursuant to paragraph (1), he/she shall notify the chief public prosecutor of the district public prosecutors' office to which he belongs and the Korean Notaries Association. <Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010> |
[This Article Wholly Amended by Presidential Decree No. 10749, Mar. 8, 1982]
| Article 35 (Conducting Business after Completion of Term of Office or Expiration of Effective Period) |
A notary public who applies for the reappointment or re-authorization pursuant to Article 34 (1) may perform his/her duties until the determination of his/her reappointment or re-authorization, even though his/her term of office is completed or the effective period expires. <Amended by Presidential Decree No. 10749, Mar. 8, 1982; Presidential Decree No. 22006, Feb. 4, 2010>
| Article 36 (Joint Offices) |
If necessary for the rationalization of notarial affairs or the enhancement of dignity, two or more appointed notaries public may establish a joint office. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
| Article 37 (Procedures for Establishment of Joint Offices) |
| (1) | When appointed notaries public intend to establish a joint office, the authorization of the Minister of Justice shall be obtained by establishing its rules. The same shall also apply to any modification of such rules. <Amended by Presidential Decree No. 22006, Feb. 4, 2010> |
| (2) | The following matters shall be prescribed in the rules under paragraph (1): |
| 1. | The name of a joint office; |
| 2. | The location of a joint office; |
| 3. | Matters concerning members; |
| 4. | Matters concerning executives; |
| 5. | Matters concerning earnings; |
| 6. | Matters concerning expenses; |
| 7. | Matters concerning joining and withdrawal. |
| Article 37-2 (Scope of Specific Movables) |
“Movables prescribed by Presidential Decree” referred to in the main sentence of Article 56-3 (1) of the Act means movables not falling under any of the following subparagraphs from among the movables provided for in Article 99 (2) of the Civil Act: <Amended by Presidential Decree No. 27971, Mar. 29, 2017> | 1. | Ships registered pursuant to the Ship Act; |
| 6. | Other movables registered pursuant to other statutes. |
[This Article Newly Inserted by Presidential Decree No. 24850, Nov. 20, 2013]
| Article 37-3 (Corporations Subject to Exemption from Authentication of Minutes) |
“Public corporations or non-profit corporations prescribed by Presidential Decree” referred to in the proviso to Article 66-2 (1) of the Act means a corporation satisfying all the following requirements that the Minister of Justice, upon recommendation of competent agencies, designates and publicly announces, from among non-profit corporations and public corporations established following the permission from competent agencies under Article 32 of the Civil Act: | 1. | Purposes of the establishment and its affairs shall be in the interest of the public; |
| 2. | The authenticity of resolution procedures for holding a general assembly meeting, etc. of corporations and of the contents thereof shall be incontestable under supervision of competent agencies. |
[This Article Wholly Amended by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 38 (Facilities of Designated Notaries Public) |
| 1. | Offices with a floor space of not less than 16 square meters, which are suitable for conducting certification affairs related to electronic documents or digitalized documents; |
| 2. | Computers for conducting certification affairs, which are able to support portable storage medium to enable the certification of electronic documents or digitalized documents and are connected to the information and communications network, and peripherals, such as printers; |
| 3. | Image input equipment used for preparing digitalized documents, such as a scanner; |
| 4. | Other facilities or equipment necessary for conducting the certification affairs of electronic documents or digitalized documents, which are publicly notified by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 22300, Jul. 26, 2010]
| Article 38-2 (Procedures for Designation of Notaries Public) |
| (1) | When the Minister of Justice reviews applications for the designation of notaries public under Article 66-3 (2) of the Act, he/she may conduct a necessary investigation, such as a field investigation, or request applicants to submit related data. |
| (2) | When the Minister of Justice designates notaries public under Article 66-3 (1) of the Act, he/she shall record designation numbers and designation dates in the book of appointment of notaries public under Article 1-2 (4) or the book of authorization of notaries public under Article 1-3 (4). |
| (3) | When the Minister of Justice designates notaries public under Article 66-3 (1) of the Act, he/she shall notify the chief public prosecutor of the district public prosecutor's office to which such notaries public are assigned and the Korean Notaries Association of such designation. |
[This Article Newly Inserted by Presidential Decree No. 22300, Jul. 26, 2010]
| Article 38-3 (Electronic Signatures of Electronic Documents) |
The certification of electronic documents under Article 66-5 (1) 1 of the Act shall be made by ordering clients to write their electronic signatures on electronic documents in front of designated notaries public. [This Article Newly Inserted by Presidential Decree No. 22300, Jul. 26, 2010]
| Article 39 (Application for Authorization for Establishment of the Korean Notaries Association, etc.) |
If the Korean Notaries Association intends to apply for authorization for the establishment or authorization for change of the articles of association pursuant to Article 77-2 (3) of the Act, it shall attach the following documents to the application: | 1. | The articles of association; |
| 2. | Minutes on the preparation of the articles of association. |
[This Article Wholly Amended by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 39-2 (General Meetings) |
| (1) | Where the Korean Notaries Association intends to hold a general meeting, it shall report the time, place and agenda items to the Minister of Justice not later than one week prior to the holding of a general meeting. |
| (2) | When the Korean Notaries Association reports the details of resolutions passed at a general meeting pursuant to Article 77-10 (2) of the Act, it shall attach a copy of minutes of the general meeting thereto. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Articles 40 and 41 Deleted. <by Presidential Decree No. 22006, Feb. 4, 2010> |
| Article 42 (Recommendations by Korean Notaries Association) |
The Korean Notaries Association may make recommendations to the Minister of Justice or provide advice or suggestions as requested by the Minister concerning notarial affairs and system. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
[This Article Newly Inserted by Presidential Decree No. 16408, Jun. 29, 1999]
| Article 43 (Clerical Staff of Notary Public Disciplinary Committee) |
| (1) | The Notary Public Disciplinary Committee (hereinafter referred to as the "Disciplinary Committee") shall have one executive secretary and one clerk for the operation of the Disciplinary Committee pursuant to Article 85 of the Act. |
| (2) | The executive secretary and clerk shall be appointed by the Minister of Justice from among public officials belonging to the Ministry of Justice. |
| (3) | The executive secretary shall engage in affairs concerning the preparation and keeping of documents, such as records concerning disciplinary action, by order of the chairperson and the clerk shall assist the executive secretary. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 44 (Preliminary Examinations) |
| (1) | When the Disciplinary Committee recognizes it necessary for deliberation of a disciplinary case, it may designate a member to examine such case preliminarily before the date of deliberation. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 45 (Determination of Disciplinary Action) |
The Disciplinary Committee shall determine whether to discipline, the kind and degree of disciplinary action in consideration of the performance, degree of violation of duties and other circumstances of a notary public.
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 46 (Participation of Executive Secretary and Preparation of Records of Deliberation) |
| (1) | The executive secretary shall participate in deliberation of a disciplinary case, prepare a record of deliberation and sign and seal the same together with the chairperson. |
| (2) | The executive secretary who has participated in a preliminary examination pursuant to Article 44 shall prepare a record of deliberation and sign and seal the same together with members who participated in the examination. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 47 (Preparation of Written Decisions of Disciplinary Action) |
| (1) | When the Disciplinary Committee has decided on disciplinary action, it shall prepare a written decision, and the chairperson and members who have participated in deliberation shall sign and seal the written decision. |
| (2) | The result of a decision on disciplinary action shall be delivered to a person under suspicion of disciplinary action and notified to the chief public prosecutor of the competent district public prosecutors' office and the chairperson of the Korean Notaries Association. |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 48 (Suspension of Deliberation of Disciplinary Action) |
When public prosecution for a disciplinary case is instituted, deliberation on disciplinary action shall be suspended until a trial for such case is determined.
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 49 (Procedures for Decision on Dismissal of Disciplinary Committee) |
[This Article Newly Inserted by Presidential Decree No. 22006, Feb. 4, 2010]
| Article 50 (Management of Sensitive Information and Unique Identifying Information) |
| (1) | The Minister of Justice (including a person to whom the authority of the Minister of Justice has been delegated or entrusted) may, if unavoidable to conduct the following affairs, manage information amounting to criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (hereafter referred to as “criminal record information” in this Article) or data including resident registration numbers, passport numbers, driver’s license numbers or alien registration numbers (hereafter referred to as “resident registration numbers, etc.” in this Article) pursuant to subparagraphs 1 through 4 of Article 19 of the said Decree: |
| 1. | Affairs concerning permission for concurrently holding offices by a notary public, vicarious performance of notarial affairs, maximum number of notaries public, appointment, dismissal, reappointment, ipso facto retirement of notaries public, authorization for authentication, reports of designation and ipso facto retirement of an attorney-at-law in charge of authentication (including a report of changes in designation), re-authorization, revocation of authorization for authentication, and job training for notaries public and attorneys-at-law in charge of authentication pursuant to Articles 6, 8, 10, 11, 14, 15, 15-2 through 15-4, 15-7, 15-8, 15-10 of the Act; |
| 2. | Affairs concerning authorization for the establishment and relocation of an office of a notary public pursuant to Article 17 of the Act; |
| 3. | Affairs concerning briefing on reports of the print of the signature and official seal to be used by a notary public and reports of changes of such signature and seal pursuant to Article 20 of the Act; |
| 4. | Affairs concerning taking-out, preservation and discardment of papers and books pursuant to Article 24 of the Act; |
| 7. | Affairs concerning authorization for the establishment of the Korean Notaries Association and the amendment of its articles of association pursuant to Article 77-2 of the Act; |
| 8. | Affairs concerning reports of the current status and actual results of educational training pursuant to Article 77-8 of the Act; |
| 9. | Affairs concerning permission for the establishment and operation of an integrated facility to preserve notarial papers and revocation of such permission pursuant to Article 77-9 of the Act; |
| 10. | Affairs concerning supervision over the Korean Notaries Association and reports on the contents of resolutions agreed at its general assembly meetings and cancellation of such resolutions pursuant to Article 77-10 of the Act; |
| 14. | Affairs concerning request for resolution for disciplinary action against a notary public and disciplinary actions pursuant to Articles 82 and 84 of the Act; |
| 15. | Affairs concerning the composition and operation of the Disciplinary Committee pursuant to Article 85 of the Act; |
| 17. | Affairs concerning reports of the grounds for concurrently performing another notary public’s affairs pursuant to Article 25; |
| 18. | Affairs concerning a direction to handle notarial affairs pursuant to Article 30; |
| 19. | Affairs concerning authorization for the establishment of a joint office and the amendment of its rules pursuant to Article 37; |
| 20. | Affairs concerning the designation and public announcement of a corporation subject to the exemption from authentication of its minutes pursuant to Article 37-3; |
| 21. | Affairs necessary for conducting the affairs provided in subparagraphs 1 through 20. |
| (2) | The chief prosecutor of each district public prosecutors’ office may, if unavoidable to conduct the following affairs, manage data including criminal record information or resident registration numbers, etc.: |
| 1. | Affairs concerning reports of the grounds for the dismissal of an appointed notary public pursuant to Article 14 (3) of the Act; |
| 2. | Affairs concerning reports of designation of an attorney-at-law in charge of authentication and of changes in designation pursuant to Article 15-3 of the Act; |
| 3. | Affairs concerning reports of the grounds for the revocation of authorization for authentication pursuant to Article 15-7 (3) of the Act; |
| 5. | Affairs concerning briefing on reports of the print of a notary public’s signature and official seal and reports of changes therein pursuant to Article 20 of the Act; |
| 6. | Affairs concerning taking out, preserving and discarding papers and books pursuant to Article 24 of the Act; |
| 7. | Affairs concerning authorization for destruction of the original document pursuant to Article 41 of the Act; |
| 8. | Affairs concerning authorization for destruction of the preserved articles of association, copies of deeds and minutes pursuant to Article 65 (including cases where the said Article applies mutatis mutandis to Article 66-2 (4)) of the Act; |
| 9. | Affairs concerning reports of the grounds for the revocation of designation of a designated notary public pursuant to Article 66-4 (2) of the Act; |
| 10. | Affairs concerning reports of the commission of an agent for conducting notarial affairs and his/her dismissal pursuant to Article 67 of the Act; |
| 11. | Affairs concerning an order to act for a notary public and the revocation of such an order pursuant to Article 68 of the Act; |
| 13. | Affairs concerning an order to concurrently perform affairs of another notary public and the withdrawal of such an order pursuant to Article 71 of the Act; |
| 14. | Affairs concerning accepting, delivering and handing over papers pursuant to Article 72 (including cases where the said Article applies mutatis mutandis to Articles 73, 75 through 77 and 86) of the Act; |
| 16. | Affairs concerning reports of the grounds for disciplinary action against a notary public pursuant to Article 82 (2) of the Act; |
| 17. | Affairs concerning reports of the grounds for the refusal to commission pursuant to Article 11; |
| 18. | Affairs concerning reports of a reason why it is impossible for a notary public to entrust another notary public with his/her affairs and the relevant notary public restarts his/her execution of affairs pursuant to Article 28; |
| 19. | Affairs concerning reports of changes of names and addresses and reports of dismissal and death of notaries public pursuant to Article 29; |
| 20. | Affairs concerning filing reports with the Minister of Justice pursuant to Article 31; |
| 21. | Affairs concerning reports of the grounds for disqualification, etc. pursuant to Article 33; |
| 22. | Affairs concerning submission of opinions when an appointed notary public or an authorized notary public applies for his/her reappointment or re-authorization pursuant to Article 34; |
| 23. | Affairs necessary for conducting the affairs provided in subparagraphs 1 through 22. |
| (3) | The chairperson of the Korean Notaries Association may, if unavoidable to conduct the following affairs, manage data including criminal record information, and resident registration numbers, etc.: |
| 1. | Affairs concerning reports associated with assistants of notaries public pursuant to Article 23 of the Act; |
| 4. | Affairs concerning training of members (including associate members) and assistants of notaries public pursuant to Article 77-8 of the Act; |
| 5. | Affairs concerning the establishment and operation of an integrated facility to preserve notarial papers pursuant to Article 77-9 of the Act; |
| 6. | Affairs concerning reports of the grounds for disciplinary action against a notary public pursuant to Article 82 (2) of the Act; |
| 7. | Affairs concerning reports of the grounds for the refusal to commission pursuant to Article 11; |
| 8. | Affairs necessary for conducting the affairs provided in subparagraphs 1 through 7. |
| (4) | Notaries public (including public prosecutors or the heads of registration offices performing notarial affairs pursuant to Article 8 of the Act and attorneys-at-law in charge of authentication pursuant to Article 15-3 of the Act) and assistants of notaries public referred to in Article 23 of the Act may manage data including criminal record information, and resident registration numbers, etc., if unavoidable to conduct notarial affairs pursuant to Article 2 of the Act. |
| (5) | The Disciplinary Committee and its executive secretary and clerk under Article 43 (1) may manage data including criminal record information or resident registration numbers, etc., if unavoidable to deliberate and decide on a disciplinary case under Article 85 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 24850, Nov. 20, 2013]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 5514, Feb. 8, 1971>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 6112, Mar. 20, 1972>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 6514, Feb. 24, 1973>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 8979, Apr. 27, 1978>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 9358, Mar. 3, 1979>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 10749, Mar. 8, 1982>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 12040, Dec. 31, 1986>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12208, Jul. 1, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 13135, Oct. 13, 1990>
This Decree shall enter into force on November 1, 1990: Provided, That matters concerning the provisions of Articles 3 and 18 shall apply in accordance with previous examples until the Ordinance of the Ministry of Justice for the purpose of the enforcement of the concerned provisions is formulated and enters into force.
ADDENDA <Presidential Decree No. 13390, Jun. 19, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 1991. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 13889, May 26, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 1993.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 14054, Dec. 31, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14721, Jul. 6, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15581, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1998. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 16408, Jun. 29, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18207, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2004.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18297, Feb. 28, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2004.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18580, Nov. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18920, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19206, Dec. 28, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19458, Apr. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19958, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20393, Nov. 20, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2007.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21052, Sep. 30, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21146, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21181, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22006, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 7, 2010.
Article 2 (Repeal of other Acts and Subordinate Statutes)
The Regulations for the Notary Public Disciplinary Committee are hereby repealed.
Article 3 Omitted.
Article 4 (Relationship with other Acts and Subordinate Statutes)
If the provisions of the previous Enforcement Decree of the Notary Public Act have been cited by other Acts and subordinate statutes as at the time this Decree enters into force, and if provisions corresponding thereto exist in this Decree, the relevant provisions of this Decree shall be deemed to have been cited in place of the previous provisions.
ADDENDUM <Presidential Decree No. 22300, Jul. 26, 2010>
This Decree shall enter into on August 7, 2010.
ADDENDA <Presidential Decree No. 23383, Dec. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23437, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Article 2 (Transitional Measures concerning Authentication of Original Register of Deeds and Notarial Deed Book)
The original register of deeds and notarial deed book authenticated by the chief public prosecutor of the district public prosecutors' office to which the notary public belongs under the former provisions before this Decree enters into force shall be deemed to have been authenticated by the chairperson of the Korean Notaries Association under the amended provisions of Article 20 (1) and (3).
ADDENDA <Presidential Decree No. 24850, Nov. 20, 2013>
This Decree shall enter into force on November 29, 2013.
ADDENDA <Presidential Decree No. 27103, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.