ENFORCEMENT DECREE OF THE ACT ON NOTARIAL ACTS DONE AT DIPLOMATIC MISSIONS ABROAD
Presidential Decree No. 14036, Dec. 31, 1993
Amended by Presidential Decree No. 20353, Oct. 31, 2007
Presidential Decree No. 21241, Dec. 31, 2008
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22558, Dec. 29, 2010
Presidential Decree No. 23383, Dec. 21, 2011
Presidential Decree No. 23927, Jul. 4, 2012
Presidential Decree No. 24424, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27103, Apr. 26, 2016
Presidential Decree No. 27939, Mar. 20, 2017
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 1-2 (Education on Notarial Services) |
| (1) | Any consul-general, consul or vice consul working in the Republic of Korea’s diplomatic missions abroad (hereinafter referred to as "diplomatic missions") and appointed by the Minister of Foreign Affairs as a person in charge of administrative affairs concerning notarization (hereinafter referred to as "notarial services") (hereinafter referred to as "consul in charge of notarial services") shall receive education on the following matters within three months from the date of appointment pursuant to Article 2 (3) of the Act on Notarial Acts Done at Diplomatic Missions Abroad (hereinafter referred to as the "Act"): |
| 2. | Other matters deemed necessary for the proper performance of notarial services by the Minister of Foreign Affairs. |
| (2) | Except as otherwise provided for in paragraph (1), detailed matters concerning education on notarial services shall be determined by the Minister of Foreign Affairs. |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 1-3 (Handling Notarial Services at Places Which Are Not Diplomatic Missions) |
"Where there are reasons prescribed by Presidential Decree, such as a case where performance of notarial services in the diplomatic missions is inappropriate in light of the nature of the notarial services" in the proviso to Article 3 (2) of the Act means any of the following cases: | 1. | Handling notarial services in an office temporarily established at a place which is not a diplomatic mission, for the purpose of providing roving consular services to the people of the Republic of Korea; |
| 2. | Where a client is unable to move, which is objectively proved by a medical certificate, etc.; |
| 3. | Notarial services inappropriate to be handled at diplomatic missions by nature, such as notarial services for tests and inspections, which are determined and publicly announced by the Minister of Foreign Affairs. |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 1-4 (Fees for Notarial Services) |
| (1) | Fees collected by the consuls in charge of notarial services for notarial services pursuant to Article 6 of the Act shall be specified in attached Table 1. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | A consul in charge of notarial services may claim fees only after he/she completes the notarial services requested: Provided, That where a client is deemed to be evading the payment of a fee in consideration of various circumstantial conditions, the consul in charge of notarial services may request the advance payment of the fee. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | Where the head of a diplomatic mission falls into any of the following cases, he/she may reduce or exempt fees: |
| 1. | Where there is an obvious ground to recognize that the client is unable to pay the fee; |
| 2. | Where the reduction of or exemption from fees is deemed necessary in light of international practice or in the principle of reciprocity. |
| (4) | Where a consul in charge of notarial services receives a fee from a client, he/she shall issue a bill to such person. In such cases, the details of calculation for each item shall be expressly stated in the bill by citing the relevant provisions of this Decree. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (5) | Where a client fails to pay a fee, the consul in charge of notarial services may refuse to issue the authentic copies or certified copies of deeds, or execution clause with respect to the matters requested to be notarized. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 1-5 (Exchange Rates between U.S. Dollars and Currencies of Countries of Residence) |
| (1) | The head of each diplomatic mission shall determine the basic amount of the exchange rate of the United States dollar (hereinafter referred to as "U.S. dollar") to the currency of a country of residence, which is applied to the payment, etc. of fees, in consideration of the fluctuations in foreign exchange rates. In such cases, if there are several diplomatic missions in the same country, the head of the competent embassy shall determine such basic amount. |
| (2) | Notwithstanding paragraph (1), where a single currency is used by several countries, the head of a diplomatic mission designated by the Minister of Foreign Affairs from among the diplomatic missions stationed in the relevant country shall determine the basic amount of the U.S. dollar-single currency exchange rate. <Amended by Presidential Decree No. 24424, Mar. 23, 2013> |
| (3) | The heads of diplomatic missions prescribed in paragraphs (1) and (2) shall determine the basic amount of the exchange rate of the U.S. dollar to the currency of the country of residence or single currency, which is applied during the next half year, in consideration of the fluctuations in the average exchange rate during the periods from December 1 of the preceding year to May 31 of the relevant year and from June 1 to November 30 of the relevant year, respectively, and shall report the determined rate to the Minister of Foreign Affairs until June 15 and December 15 of the relevant year. <Amended by Presidential Decree No. 24424, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23927, Jul. 4, 2012]
| (1) | A client or any interested party who intends to raise an objection to the rejection of provision of notarial services of a consul in charge of notarial services pursuant to Article 9-2 (1) of the Act shall submit a written statement of objection to the Minister of Foreign Affairs, including the purpose of and grounds for the objection and other necessary matters. |
| (2) | Within 60 days from the date of receipt of a written statement of objection prescribed in paragraph (1), the Minister of Foreign Affairs shall inform the person who raises the objection and the head of the relevant diplomatic mission of the results thereof: Provided, That the period may be extended up to 14 days in any unavoidable circumstance. |
| (3) | Where the Minister of Foreign Affairs intends to extend the period of notification of the results on an objection pursuant to the proviso to paragraph (2), he/she shall inform the person who raises the objection and the head of the relevant diplomatic mission of such fact not later than seven days before the period prescribed in the main sentence of the same paragraph terminates. |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 2 (Use of Notarial Document Forms) |
Document forms used for notarial services in diplomatic missions pursuant to Articles 14, 26 and 31 of the Act shall be prescribed by this Decree. <Amended by Presidential Decree No. 23927, Jul. 4, 2012> [This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 3 (Official Seals) |
| (1) | A diplomatic mission shall have the official seal of a consul in charge of notarial services. <Amended by Presidential Decree No. 23927, Jul. 4, 2012; Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | The official seal of each consul in charge of notarial services prescribed in paragraph (1) shall be made circular and have an inner circumference of 2.5 centimeters and an outer circumference of 3.5 centimeters; the name of the diplomatic mission shall be carved in Korean and in English, or other foreign languages between the inner circumference and the outer circumference; and the name of the country of residence in English or other foreign languages and the name of the consul in charge of notarial services in Korean shall be carved inside the inner circumference, respectively. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 4 (Keeping Date Seals) |
| (1) | A diplomatic mission shall have fixed date seals and trust property indication date seals. |
| (2) | A fixed date seal prescribed in paragraph (1) shall be made circular and have an inner circumference of 2.5 centimeters and an outer circumference of 3.5 centimeters; the name of the diplomatic mission shall be carved in Korean and in English or other foreign languages between the inner circumference and the outer circumference; and the name of the country of residence in English or other foreign languages, date in Arabic numbers, and the name of the consul in charge of notarial services in Korean shall be carved inside the inner circumference, respectively. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | A trust property indication date seal prescribed in paragraph (1) shall be made circular and have an inner circumference of 2.5 centimeters and an outer circumference of 3.5 centimeters; the name of the diplomatic mission shall be carved in Korean and in English or other foreign languages between the inner circumference and the outer circumference; and the name of the country of residence in English or other foreign languages, date in Arabic numbers, and the name of the consul in charge of notarial services in Korean shall be carved inside the inner circumference, respectively. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 5 (Specifications, etc. of Paper) |
| (1) | Paper used by diplomatic missions in preparing deeds or other documents shall comply with the standard specifications of paper prescribed by the Regulations for the Promotion of Efficiency and Collaboration of Administration, and the name of the relevant diplomatic mission shall be printed on the paper. <Amended by Presidential Decree No. 23383, Dec. 21, 2011; Presidential Decree No. 27103, Apr. 26, 2016> |
| (2) | Paper prescribed in paragraph (1) shall be white and printed in black. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 6 (Indication of Preparing Persons) |
In preparing documents in a diplomatic mission, a consul in charge of notarial services shall write the location and name of the diplomatic mission, mark them "Consul in charge of notarial services", write his/her position, and sign his/her name and affix his/her seal. <Amended by Presidential Decree No. 27939, Mar. 20, 2017>
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 7 (Keeping Filing Cabinets) |
| (1) | A diplomatic mission shall have filing cabinets to preserve notarial documents. |
| (2) | A filing cabinet prescribed in paragraph (1) shall be equipped with fireproof materials, locking devices, etc. to prevent the documents for preservation from being stolen or burned. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 8 (Keeping and Making Registers) |
| (1) | In order to handle notarial services, a diplomatic mission shall have the following registers: Provided, That the same shall not apply where it is possible to prepare and manage such registers by means of electronic processing: |
| 1. | A receipt book, original register deeds, certification register, confirmation register, fixed date certification register, and trust property indication register; |
| 2. | A file of original copies of notarial deeds, a file of copies of notarial certificates of deeds signed by private persons, a file of copies of confirmation documents, a file of notarial certificates of articles of incorporation, and a book of certified copies of protests; |
| 3. | A written application file and an invoice file; |
| 4. | A file of reports on the current status of notarial services, and a register of inspections of notarial documents. |
| (2) | A receipt book, original register of deeds, certification register, confirmation register, fixed date certification register, and trust property indication register which are prescribed in paragraph (1) 1 shall be prepared in attached Forms 1 through 6. |
| (3) | Every register of inspections of notarial documents prescribed in paragraph (1) 4 shall be prepared in attached Form 7, and where an inspection of notarized documents is conducted, it shall be submitted to the inspector. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 9 (Making Entries and Order of Making Entries in Registers) |
| (1) | The head of a diplomatic mission shall write the number of pages of a original register of deeds, certification register, confirmation register, fixed date certification register, and trusty property indication register in the back side of the cover, sign his/her name and affix his/her official seal thereto, affix the official seal between the pages, and make entries in the order of requests according to the entry numbers printed in advance. |
| (2) | Relevant matters shall be entered in detail in registers concerning the notarial services of diplomatic missions, and no simplified expression, such as "the same" or "the same as the above", shall be used. |
| (3) | Receipt numbers shall be newly determined each year. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 10 (Binding Documents) |
| (1) | The files of original copies of notarial deeds, which are kept in diplomatic missions, shall be bound in the order of original copies of notarial deeds, written requests for notarial services, copies of certificates of identification of clients, documents evidencing the power of attorney, notices, etc. |
| (2) | The files of copies of notarial certificates of deeds signed by private persons, which are kept in diplomatic missions, shall be bound in the order of copies of notarial certificates of deeds signed by private persons, written requests for notarial services, copies of certificates of identification of clients, documents evidencing the power of attorney, etc. |
| (3) | The files of copies of confirmation documents, which are kept in diplomatic missions, shall be bound in the order of copies of confirmation documents, written requests, copies of certificates of identification of clients, documents evidencing the power of attorney, etc. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 11 (Consultation on Notarial Affairs) |
If the Minister of Foreign Affairs finds something vague in handling the notarial services of diplomatic missions, he/she shall handle such affairs in consultation with the Minister of Justice. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 12 (Reporting on Current Status of Handling Notarial Affairs) |
The head of a diplomatic mission shall report the current status of handling notarial affairs to the Minister of Foreign Affairs in compliance with attached Form 8 by the last day of the following month based on June 30 and December 31 each year, and the Minister of Foreign Affairs shall notify the Minister of Justice thereof. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 13 (Keeping, etc. of Consuls in Charge of Notarial Services) |
| (1) | The Minister of Foreign Affairs shall have the list of consuls in charge of notarial services for each diplomatic mission. <Amended by Presidential Decree No. 24424, Mar. 23, 2013; Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | Every list prescribed in paragraph (1) shall include the names, official seals, and dates of appointment and dismissal of consuls in charge of notarial services, and the names of diplomatic missions to which such consuls belong. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | Where a consul in charge of notarial services is appointed, the head of the relevant diplomatic mission shall report a sample of the signature of the consul in charge of notarial services under attached Form 9 to the Minister of Foreign Affairs. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
CHAPTER II USE OF GENERAL DOCUMENT FORMS
| Article 14 (Written Requests for Notarial Services) |
| (1) | Where there is a request for notarial services, the client and his/her assistant shall fill out a written request for notarial services in attached Form 10. |
| (2) | Where a consul in charge of notarial services receives a request for notarial services from a client or his/her agent, he/she shall have a certificate of identification of the client or his/her agent submitted and bind a copy thereof behind the written request for notarial services. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | Where a client files several requests for notarial services at the same time, the expression "The same as the attachments" may be entered in the spaces for items not commonly applicable among the items of the written request for notarial services, to which separate papers may be attached to include the number of deeds, the client, details of legal act, etc. |
| (4) | In cases of paragraph (3), the citation of certificates in attached Form 11 shall be attached to every deed, to which no written request for notarial services is attached. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 15 (Citation of Certificates) |
| (1) | Where a consul in charge of notarial services receives several requests for notarial services from one person, attached Form 11 shall be used for the citation of certificates of personal seal impressions and citation between other deeds. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | The citation of certificates prescribed in paragraph (1) shall not be allowed with respect to matters, the notarization of which is requested on different dates. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 16 (Documents for Verifying Power of Attorney) |
"Document verifying the power of attorney prescribed by Presidential Decree" in Article 17 (1) of the Act means the following documents: | 1. | An authenticated power of attorney in attached Form 12, 12-2 or 12-3; |
| 2. | A certificate of personal seal impression or certificate of signature of a client, which is issued by an authorized administrative agency, and a letter of attorney in attached Form 12, 12-2 or 12-3 submitted along with such certificate. |
[This Article Wholly Amended by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 17 (Paper for Signing and Sealing) |
When a person prepares notarial deeds, notarial certificates, letters of confirmation, and the authentic copies and certified transcripts thereof, he/she shall sign his/her name and affix his/her seal according to attached Form 13.
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 18 (Written Notices, etc.) |
| (1) | Where a notarial deed is prepared at the request of an agent, a written notice under attached Form 14 shall be given to the person in question within three days by the method of postal mail, such as registered mail, the handling process of which is clearly trackable by means of recording, etc. |
| (2) | Every written notice prescribed in paragraph (1) shall be prepared in duplicate to send one copy to the person in question, and bind the other one behind the original copy of the notarial deed, on condition that a certificate of forwarding registered mail shall be preserved by being attached at the bottom of such notice. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 19 (Written Requests) |
| (1) | A client shall file a request for granting an execution clause, etc. by filling in a written request in attached Form 15, and the consul in charge of notarial services shall examine such written request. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | A written request submitted by a client shall be bound separately for keeping, on condition that the reasons for the request and documents verifying the power of attorney shall be attached behind the written request. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 20 (Execution Clauses) |
| (1) | In preparing execution clauses, an execution clause in attached Form 16 shall be separately attached behind the authentic copy of a notarial deed. |
| (2) | Where an execution clause is granted, the person preparing the original copy of the notarial deed shall sign his/her name and affix his/her seal after writing the purport of granting the execution clause and the year, month and date of granting the execution clause under his/her name and seal. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 21 (Return of Original Copies) |
In cases of returning the original copies of documents annexed to a deed, the certified copies thereof shall be prepared to be bound at the place where the original copies were bound, with attached Form 17 (The return of original copies) attached behind the certified copies.
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
Where a fee, etc. is received, an invoice in attached Form 18 shall be prepared in duplicate: one copy for the client and the other one for keeping in the invoice file.
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
CHAPTER III PREPARATION OF NOTARIAL DEEDS
| Article 23 (Covers of Notarial Deeds) |
| (1) | A notarial deed cover in attached Form 19 shall be attached to every notarial deed, and no name related to the details of legal acts shall be indicated therein. |
| (2) | Indications, such as an authentic copy, certified copy, or original copy, may be printed or rubber-stamped next to the title of the notarial deed. |
| (3) | Where a fee is received, the indication of "Fees paid" shall be placed or other expressions equivalent thereto shall be rubber-stamped at the bottom of the notarial deed cover. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 24 (Indication of Related Persons) |
Related persons shall be indicated as a client, agent, interpreter, or consenter according to attached Form 20.
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 25 (Preparation of Notarial Deeds) |
| (1) | Attached Forms 21 through 23 shall be used for the matters concerning legal acts subject to notarization. |
| (2) | Document forms for notarial deeds by legal act may be separately prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Presidential Decree No. 24424, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 26 (Promissory Note Notarial Deeds) |
| (1) | In preparing promissory note notarial deeds, promissory notes shall be attached to attached Form 23, lengthwise from the upper right-hand corner of the paper. |
| (2) | Where there are several related persons, an attached form may be used, writing "The same as the attachments" in the space for related persons in attached Form 23-2. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 27 (Paper for Notarization) |
In preparing notarial deeds by using document forms other than attached Form 23, attached Form 24 (Notarization) shall be attached in front of the paper for signing and sealing.
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
CHAPTER IV AUTHENTICATION OF DEEDS SIGNED BY PRIVATE PERSONS
| Article 28 (Authentication of Deeds Signed by Private Persons) |
| (1) | In cases of authenticating deeds signed by private persons, the cover of a notarial certificate in attached Form 25 shall be attached in front of the deeds signed by private persons, and the written notarial certification in attached Form 26 shall be attached behind the deeds: Provided, That where the authentication is placed in the blank space of a deed signed by private persons, an authenticator shall stamp the written notarial certification prescribed in subparagraph 1 of attached Table 2 and affix his/her official seal after signing his/her name. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | A consul in charge of notarial services shall keep the copies of notarial certificates prescribed in paragraph (1) in the file of copies of notarial certificates of deeds signed by private persons in the order of number of receipt. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 29 (Authentication of Certified Copies or Copies of Deeds Signed by Private Persons) |
| (1) | In cases of authenticating the certified copies or copies of deeds signed by private persons, the cover of a notarial certificate in attached Form 25 shall be attached in front of the certified copy or copy of the deeds signed by private persons, and the written notarial certification in attached Form 28 shall be attached behind the certified copy or copy of the deeds signed by private persons: Provided, That where the authentication is placed in the blank space of a deed signed by a private person, an authenticator shall stamp the written notarial certification prescribed in subparagraph 2 of attached Table 2 and affix his/her official seal after signing his/her name. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | A consul in charge of notarial services shall keep the copies of notarial certificates prescribed in paragraph (1) in the file of copies of notarial certificates of deeds signed by private persons in the order of number of receipt. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 30 (Authentication of Minutes of Corporations) |
| (1) | In cases of authenticating minutes of a corporation, the cover of a notarial certificate in attached Form 25 shall be attached in front of the minutes, and the written notarial certification in attached Form 30 shall be attached behind the minutes. |
| (2) | A consul in charge of notarial services shall bind a written request for notarial services in attached Form 10, a written statement in attached Form 31, the list of shareholders in attached Form 32, a certificate of registered matters, and the articles of incorporation of the corporation, to the copy of a notarial certificate prescribed in paragraph (1) in the said order and shall keep it in the file of copies of notarial certificates of deeds signed by private persons in the order of number of receipt. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | In cases of paragraph (2), only one person may be entered in the space for the client in the written request for notarial services in attached Form 10, and for any other person than him/her, only the number of persons may be entered. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 31 (Authentication of Articles of Incorporation) |
| (1) | In cases of authenticating articles of incorporation, a client shall submit two original copies of the articles of incorporation; the cover of a notarial certificate in attached Form 25 shall be attached in front of the articles of incorporation with "Articles of incorporation" indicated in front of the title of the cover; and the written notarial certification in attached Form 33 shall be attached behind the articles of incorporation, on condition that one copy shall be given to the client and the other one shall be kept by the diplomatic mission. |
| (2) | The notarial certificate of articles of incorporation prescribed in paragraph (1) shall be kept in the file of notarial certificates of articles of incorporation in the order of number of receipt. |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 32 (Authentication of Translated Documents) |
| (1) | In cases of authenticating translated documents, a client shall fill in the space for pledger in a written notarial certification in attached Form 34 and sign his/her name and affix his/her seal thereto: Provided, That where the authentication is placed in the blank space of the translated document, an authenticator shall stamp the written notarial certification prescribed in subparagraph 3 of attached Table 2 and affix his/her official seal after signing his/her name. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | Where a translated document is not prepared directly by a pledger, the personal information of the pledger shall be entered in the space for the person requesting for notarial services of the written request for notarial services, and the indication of "Translator" shall be entered in the space for agents. etc., along with his/her personal information. |
| (3) | Copies of documents evidencing the personal information of translators in addition to evidential documents for the identification of the client shall be attached behind the written request for notarial services prescribed in paragraph (2). |
| (4) | Authentication documents shall be bound in the order of the cover of a notarial certificate in attached Form 25, translated document, original text, and a written notarial certification in attached Form 34, and shall be provided to the client. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
CHAPTER V CONFIRMATION OF DOCUMENTS
| Article 32-2 (Comparison with Signature Ledgers) |
| (1) | "Signature ledger prescribed by Presidential Decree" in the main sentence of Article 30 (2) of the Act means a signature ledger prepared in attached Form 35 by a consul in charge of notarial services who requires the country of residence to submit or confirm the seals or signatures, and positions of public officials or notary publics of the country of residence, for confirmation prescribed in the main sentence of Article 30 (1) of the Act. |
| (2) | Where a consul in charge of notarial services confirms the authenticity of seals or signatures, and positions of the public officials or notary publics of the country of residence by means of making inquiries directly to a relevant agency of the country of residence pursuant to the proviso to Article 30 (2) of the Act, he/she shall prepare a confirmation report stating the date and details of confirmation. |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 32-3 (Types of Documents for Submission to Administrative Agencies) |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 33 (Issuance, etc. of Written Confirmations of Official Documents, etc. of Countries of Residence) |
| (1) | Where a consul in charge of notarial services uses the blank space of a document prescribed in Article 30 (1) of the Act for confirmation pursuant to Article 31 (1) of the Act, he/she shall affix the stamp for confirmation prescribed in subparagraph 1 of attached Table 4, enter the number of confirmation, and affix his/her official seal after signing or writing his/her name. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (2) | Where a consul in charge of notarial services confirms by means of a written confirmation prescribed in Article 30 (1) of the Act and a separate document pursuant to Article 31 (1) of the Act, he/she shall attach the cover of a written confirmation in Form No. 37 in front of the document confirmed and shall attach a written confirmation in Form No. 38 behind the document confirmed. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | A consul in charge of notarial services shall keep copies of confirmation documents and confirmation reports prescribed in paragraphs (1) and (2) in the file of confirmation documents in the order of number of receipt. <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 34 Deleted. <by Presidential Decree No. 27939, Mar. 20, 2017> |
| Article 35 (Issuance, etc. of Written Confirmations for Documents for Submission to Administrative Agencies) |
| (1) | Where a consul in charge of notarial services uses the blank space of a document prescribed in Article 30-2 (1) of the Act for confirmation pursuant to Article 31 (1) of the Act, he/she shall affix a stamp for confirmation according to the following categories, enter the number of confirmation, and affix his/her official seal after signing or writing his/her name: <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| 1. | Where confirming the fact prescribed in Article 30-2 (1) 1 of the Act: The stamp for confirmation prescribed in subparagraph 2 of attached Table 4; |
| 2. | Where confirming the fact prescribed in Article 30-2 (1) 2 of the Act: The stamp for confirmation prescribed in subparagraph 3 of attached Table 4. |
| (2) | Where a consul in charge of notarial services confirms by means of a written confirmation prescribed in Article 30-2 (1) of the Act and a separate document pursuant to Article 31 (1) of the Act, he/she shall attach the cover of a written confirmation in attached Form 37 in front of the document confirmed and shall attach a written confirmation in the following document forms behind the document confirmed: <Amended by Presidential Decree No. 27939, Mar. 20, 2017> |
| (3) | Deleted. <by Presidential Decree No. 27939, Mar. 20, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
| Article 35-2 (Ledger of Confirmation) |
[This Article Newly Inserted by Presidential Decree No. 27939, Mar. 20, 2017]
| Article 36 (Relations with Other Statutes) |
[This Article Wholly Amended by Presidential Decree No. 22558, Dec. 29, 2010]
ADDENDUM
This Decree shall enter into force on January 1, 1994.
ADDENDUM <Presidential Decree No. 20353, Oct. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21241, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22558, Dec. 29, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23383, Dec. 21, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23927, Jul. 4, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes)
The provisions pertaining to the fees for notarial services provided by diplomatic missions shall be repealed.
ADDENDA <Presidential Decree No. 24424, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but whose enforcement dates have not yet arrived, among the Presidential Decrees amended by Article 5 of Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
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. 27939, Mar. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 21, 2017.
Article 2 (Special Cases concerning Timing of Education on Notarial Services)
Notwithstanding the amended provisions of Article 1-2 (1), any person who has been appointed as a consul in charge of notarial services before this Decree enters into force and who takes charge of notarial services in a diplomatic mission at the time this Decree enters into force shall receive education prescribed in Article 1-2 (1) and (2) within three months from the date on which this Decree enters into force.