CERTIFICATION OF SEAL IMPRINT ACT
Act No. 724, Sep. 23, 1961
Amended by Act No. 1216, Dec. 12, 1962
Act No. 3040, Dec. 31, 1977
Act No. 4315, Jan. 14, 1991
Act No. 4522, Dec. 8, 1992
Act No. 4796, Dec. 22, 1994
Act No. 5203, Dec. 30, 1996
Act No. 5460, Dec. 17, 1997
Act No. 5649, Jan. 21, 1999
Act No. 5987, May 24, 1999
Act No. 6667, Mar. 25, 2002
Act No. 7231, Oct. 16, 2004
Act No. 8422, May 11, 2007
Act No. 8435, May 17, 2007
Act No. 9574, Apr. 1, 2009
Act No. 10057, Mar. 12, 2010
Act No. 11395, Mar. 21, 2012
Act No. 13018, Jan. 20, 2015
Act No. 13727, Jan. 6, 2016
Act No. 14286, Dec. 2, 2016
The purpose of this Act is to promote the convenience of citizens, through the certification of applicants' registered seal imprints by administrative agencies.
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 2 (Taking Charge of Affairs) |
The Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, the head of a Si (excluding a Special Metropolitan City Mayor or a Metropolitan City Mayor; hereinafter the same shall apply) /Gun/autonomous Gu (hereinafter referred to as "certification agency") shall take charge of affairs concerning the certification of seal imprint prescribed in this Act. <Amended by Act No. 13727, Jan. 6, 2016>
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 3 (Reporting, etc. Seal Imprints) |
| (1) | A person who intends to have his/her seal imprint certified shall first report on his/her seal imprint to a certification agency having jurisdiction over his/her domicile or domicile for administrative purposes (hereinafter referred to as "domicile for administrative purposes") prescribed in the proviso to Article 10-3 (1) and Article 19 (3) of the Resident Registration Act: Provided, That a minor and a person under limited guardianship shall report on his/her seal imprint after obtaining consent from his/her legal representative and limited guardian, respectively, and in cases of a person under adult guardianship, such report shall be made by an adult guardian. <Amended by Act No. 13018, Jan. 20, 2015; Act No. 13727, Jan. 6, 2016; Act No. 14286, Dec. 2, 2016> |
| (2) | Where a Korean national who does not reside in the Republic of Korea, who does not have his/her domicile or administrative domicile for administration purposes in the Republic of Korea, seeks to have his/her seal imprint certified, he/she may register his/her seal imprint according to the following classification only where it is clear that he/she does not have his/her domicile or administrative domicile for administration purposes in the Republic of Korea: <Amended by Act No. 13018, Jan. 20, 2015> |
| 1. | Where he/she has been domiciled in the Republic of Korea: He/she shall register his/her seal imprint with the certification agency having jurisdiction over his/her last domicile; |
| 2. | Where it is unclear which certification agency had jurisdiction over his/her last domicile: He/she shall register his/her seal imprint with a certification agency having jurisdiction over his/her reference place of registration. |
| (3) | If a person registered as a foreigner under the Immigration Act seeks to have his/her seal imprint certified, he/she shall register his/her seal imprint in advance with the certification agency having jurisdiction over the place in which he/she resides. |
| (4) | Where a Korean with foreign citizenship who reported his/her place of residence in the Republic of Korea under Article 6 (1) of the Act on the Immigration and Legal Status of Overseas Koreans seeks to have his/her seal imprint certified, he/she shall register his/her seal imprint in advance with the certification agency having jurisdiction over his/her place of residence in the Republic of Korea. <Amended by Act No. 13018, Jan. 20, 2015> |
| (5) | In cases prescribed by Presidential Decree, such as cases where a person who has registered his/her seal imprint pursuant to paragraph (1) reports his/her emigration under the former part of Article 19 (1) of the Resident Registration Act, he/she shall be deemed to have registered his/her seal imprint with a certification agency having jurisdiction over his/her domicile or administrative domicile for administration purposes. <Amended by Act No. 13018, Jan. 20, 2015> |
| (6) | In registering one's seal imprint under paragraphs (1) through (4), his/her name, date of birth, domicile, etc. shall be registered together, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 4 (Seal Imprint Register) |
| (1) | Each certification agency shall have a seal imprint register to keep and manage a record of registered seal imprints. <Amended by Act No. 10057, Mar. 12, 2010> |
| (2) | Deleted. <by Act No. 4315, Jan. 14, 1991> |
| (3) | A certification agency may require registrants to re-register their seal imprints in any of the following cases: <Amended by Act No. 10057, Mar. 12, 2010> |
| 1. | Where the register is misplaced, destroyed, damaged or worn out; |
| 2. | Where the entries, etc. in the register are illegible; |
| 3. | Where the prescribed form of the register is changed. |
| (4) | Each certification agency shall perform the work under paragraph (1) by means of an electronic information processing system. In such cases, the seal imprint files (referring to those stored and managed on magnetic tapes, magnetic disks or other similar media; hereinafter the same shall apply) stored in the electronic information processing system shall be deemed the seal imprint register under paragraph (1). <Amended by Act No. 10057, Mar. 12, 2010> |
| (5) | Necessary matters regarding the operation and management of the electronic information processing systems under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 10057, Mar. 12, 2010> |
[This Article Wholly Amended by Act No. 3040, Dec. 31, 1977]
| Article 5 (Restriction on Seal Imprint) |
Any seal imprint registered pursuant to Article 3 (1) through (4) shall be of one and the same type for each person, which shall correspond to a name registered pursuant to paragraph (6) of the same Article. [This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 6 (Restriction on Standards for Seals) |
The standards for seals, the imprints of which are registered under Article 3, may be restricted as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 7 (Principle of Registration in Person) |
| (1) | Any registration of one's seal imprint shall be made in person: Provided, That if he/she can not appear in person on account of any disease, conscription, penal servitude, etc. or any other reason prescribed by Presidential Decree, such registration may be made in writing. |
| (2) | Any written registration submitted pursuant to the proviso to paragraph (1) shall include a guarantee of one adult whose seal imprint is registered. In such cases, the relevant certification agency shall ascertain the truthfulness of the guarantor's seal imprint on the basis of the seal imprint register. |
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 8 (Registration for Change in Registered Matters) |
| (1) | Where any matter registered pursuant to Article 3 (6) is changed, a person who has his/her seal imprint registered shall register such change with the competent certification agency. |
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 9 (Report on Death, etc.) |
If any person who has his/her seal imprint registered dies or is declared missing, his/her successor shall report such fact to the competent certification agency: Provided, That a report on death or declaration of missing of the holder of a resident registration may be substituted by a report under the Resident Registration Act. [This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 10 (Preservation Period for Seal Imprint Registers, etc.) |
| (1) | Any seal imprint register shall be preserved permanently. |
| (2) | The preservation period for documents related to the certification of seal imprints other than seal imprint registers shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 11 (Cancellation and Restoration of Seal Imprints) |
| (1) | Any certification agency which manages a seal imprint register may ex officio cancel a seal imprint, as prescribed by Presidential Decree, in any of the following cases: |
| 1. | Where it is ascertained that the registrant of the seal imprint is dead; |
| 2. | Where it is known that the registrant of the seal imprint is declared missing. |
| (2) | If a registrant of a seal imprint files an application for cancellation of his/her registered seal imprint, the certification agency under paragraph (1) may cancel such seal imprint, as prescribed by Presidential Decree. |
| (3) | If a person whose registered seal imprint is cancelled pursuant to paragraph (1) or (2) files an application for restoration of the cancelled seal imprint with the competent certification agency as prescribed by Presidential Decree, the cancelled seal imprint shall be deemed re-registered on the date of such application. |
| (4) | Any registered seal imprint of a person whose resident registration is cancelled or whose abode is registered as unknown pursuant to the Resident Registration Act shall be deemed to be cancelled ex office at the same time his/her resident registration is cancelled or his/her abode is registered as unknown, and if a person whose resident registration is cancelled or whose abode is registered as unknown is re-registered pursuant to the Resident Registration Act, his/her cancelled seal imprint shall be deemed to be re-registered. |
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 12 (Issuance of Certificates of Seal Imprints) |
| (1) | Where any person intends to receive a certificate of his/her seal imprint, he/she or his/her representative shall file for the issuance of such certificate with a Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu (including the head of a Gu, other than an autonomous Gu), the head of an eup/myeon/dong, or the head of a local office thereof (hereinafter referred to as "institution issuing the certificate of seal imprints"), as prescribed by Presidential Decree: Provided, That a minor shall file for the issuance of a certificate of his/her seal imprint after obtaining consent from his/her legal representative and a person under limited guardianship shall file for the issuance of a certificate after obtaining consent from a limited guardian where the purposes of the certificate of seal imprints require consent from a limited guardian, and, in cases of a person under adult guardianship, an adult guardian shall file for issuance of such certificate. |
| (2) | In receipt of a request for issuance of a certificate of seal imprints pursuant to paragraph (1), an institution issuing the certificate of seal imprints may issue such certificate by utilizing the electronic information processing system, as prescribed by Presidential Decree. |
| (3) | When an agent intends to receive a certificate of seal imprints, he/she shall sign with his/he thumbprint, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13727, Jan. 6, 2016]
| Article 12-2 (Verification of Issuance of Certificates of Seal Imprints) |
Where a person, to which a certificate of seal imprints is submitted, requests the verification of issuance of the certificate of seal imprints, an institution issuing the certificate of seal imprints may verify such fact, as prescribed by Presidential Decree. <Amended by Act No. 13727, Jan. 6, 2016>
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 13 (Registration for Change of Seal Imprint) |
If a registrant of a seal imprint intends to change his/her registered seal imprint due to the change of his/her name, the loss or defacement of the relevant seal or any other ground, he/she shall have the change of his/her seal imprint registered with the certification agency which manages the relevant seal imprint register.
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 13-2 (Request for Provision of Data) |
| (1) | Where necessary to ascertain matters concerning registration or application under Article 3, 8, 9, 11, or 13, a certification agency may request the head of the National Court Administration or the head of a related central administrative agency to provide data. |
| (2) | Where necessary for issuing a certificate of seal imprints prescribed in Article 12, an institution issuing the certificate of seal imprints may request the Minister of the National Court Administration or head of a related central administrative agency to submit data. <Amended by Act No. 13727, Jan. 6, 2016> |
| (3) | The head of the National Court Administration or the head of a related central administrative agency who receives a request for provision of data under paragraph (1) or (2) shall comply with such request unless extenuating circumstances exist. |
[This Article Newly Inserted by Act No. 13018, Jan. 20, 2015]
| Article 14 (Registration for Change of Seal Imprint, Certification thereof, etc.) |
With respect to the registration for change of seal imprint, certification thereof, etc., Articles 2, 3, 5 through 7, 10 and 12 shall apply mutatis mutandis. [This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
| Article 14-2 (Requests for Protection of Seal Imprints of Revocation Thereof) |
| (1) | Any person who has reported on his/her seal imprints pursuant to Article 3 shall may request an institution issuing the certificate of seal imprints not to allow a person, other than him/herself or a persons designated by him/her, to commit any or some of the following acts (hereinafter referred to as "request for protection of seal imprints): |
| 1. | Reports on alteration of reported matters under Article 8 (1); |
| 2. | Requests for cancellation of seal imprints under Article 11 (2); |
| 3. | Requests for reinstatement of reported seal imprints cancelled pursuant to Article 11 (3); |
| 4. | Requests for issuance of a certificate of seal imprints under Article 12; |
| 5. | Reports on alteration of seal imprints pursuant to Article 13. |
| (2) | Any person who has requested the protection of seal imprints may request |
the revocation thereof.
| (3) | Procedures and methods prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13727, Jan. 6, 2016]
| Article 14-3 (Perusal of Documents concerning Seal Imprints) |
| (1) | Any person who has reported his/her seal imprints and a person designated by Presidential Decree may request an institution issuing the certificate of seal imprints to allow him/her to peruse documents concerning seal imprints, such as seal imprint ledgers. |
| (2) | Procedures and methods for perusing documents concerning seal imprints shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13727, Jan. 6, 2016]
| Article 14-4 (Delegation of Authority) |
A proving agency may delegate the whole or part of the authority prescribed in this Act to the head of an eup/myeon/dong or the head of a branch office thereof, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
Any of the following persons shall pay fees, as prescribed by Presidential Decree: <Amended by Act No. 13727, Jan. 6, 2016>
| 1. | Any person who intends to receive a certificate of seal imprints under Article 12 (1); |
| 2. | Any person who intends to report on alteration of his/her seal imprints under Article 13. |
[This Article Wholly Amended by Act No. 10057, Mar. 12, 2010]
ADDENDA
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | The Rules on the Certification of Seal Imprint of 4247 in the Dan-gun era, Viceregal Ordinance No. 20, are hereby repealed. |
| (3) | Any seal imprint which is registered or the certification thereof pursuant to Acts and subordinate statutes before this Act enters into force shall be deemed the seal imprint registered or the certification thereof pursuant to this Act. |
ADDENDUM <Act No. 1216, Dec. 12, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3040, Dec. 31, 1977>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1978: Provided, That the main sentence of Article 4 (2) and Article 11 (2) shall take effect on the date prescribed by Presidential Decree. |
| (2) | (Transitional Measures concerning Seal Imprints) Any person who has his/her seal imprint registered before the date prescribed by Presidential Decree under the proviso to paragraph (1) shall make such registration within the period prescribed by Presidential Decree. Seal imprints not re-registered within the said period shall cease to be effective. |
ADDENDA <Act No. 4315, Jan. 14, 1991>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 1991. |
| (2) | (Transitional Measures concerning Separation of Seal Imprint Register Following Computerization of Resident Registration) Any person who has his/her seal imprint registered pursuant to Article 3 (1) as at the time this Act enters into force shall make such registration within the period prescribed by Presidential Decree. Seal imprints which are not registered within the said period shall cease to be effective. |
ADDENDA <Act No. 4522, Dec. 8, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1993.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4796, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5203, Dec. 30, 1996>
This Act shall enter into force on April 1, 1997.
ADDENDUM <Act No. 5460, Dec. 17, 1997>
This Act shall enter into force on December 1, 1998: Provided, That Article 11 (2) shall take effect on April 1, 1998.
ADDENDUM <Act No. 5649, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5987, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 6667, Mar. 25, 2002>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 7231, Oct. 16, 2004>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8422, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on 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. 9574, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 10057, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11395, Mar. 21, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13018, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 22, 2015.
Article 2 (Transitional Measures concerning Korean Nationals Residing Abroad Who Have Reported Their Domicile in the Republic of Korea)
| (1) | A Korean national residing abroad whose report on his/her domicile in the Republic of Korea and the effect of a certificate of report on whose domicile in the Republic of Korea is maintained pursuant to Article 2 of Addenda of the Act on the Immigration and Legal Status of Overseas Koreans partly amended by Act No. 12593, who has not registered his/her seal imprint pursuant to the former Article 3 (4) before this Act enters into force, may register his/her seal imprint with a certification agency having jurisdiction over his/her domicile in the Republic of Korea pursuant to the former Article 3 (4) until June 30, 2016. |
| (2) | Where a Korean national residing abroad who has registered his/her seal imprint with a certification agency having jurisdiction over his/her domicile in the Republic of Korea falls under any of the following, a certification agency having jurisdiction over his/her domicile in the Republic of Korea shall be regarded as the certification agency having jurisdiction over his/her last domicile under Article 3 (2) 1 on July 1, 2016, and he/she shall be deemed to have registered his/her seal imprint with the certification agency having jurisdiction over his/her last domicile: |
| 1. | Where the Korean national residing abroad has registered his/her seal imprint with the certification agency having jurisdiction over his/her domicile in the Republic of Korea pursuant to the former Article 3 (4) before this Act enters into force; |
| 2. | Where the Korean national residing abroad has registered his/her seal imprint with the certification agency having jurisdiction over his/her domicile in the Republic of Korea pursuant to paragraph (1) from the time this Act enters into force until June 30, 2016. |
| (3) | Notwithstanding paragraphs (1) and (2), where a Korean national residing abroad obtains his/her resident registration under Article 6 (1) 3 of the Resident Registration Act partly amended by Act No. 12279 after he/she has registered his/her seal imprint with a certification agency having jurisdiction over his/her domicile in the Republic of Korea, he/she shall be deemed to have registered his/her seal imprint with the certification agency having jurisdiction over his/her domicile pursuant to Article 3 (1). |
ADDENDA <Act No. 13727, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc. )
A person who was already declared to be an incompetent person or a quasi-incompetent person as at the time this Act enters into force shall be governed by the former provisions until adult guardianship or limited guardian ship commences pursuant to the Civil Act or until the date five years lapse from the enforcement date prescribed in Article 1 of the Addenda of the partially amended Civil Act (No. 10429).
ADDENDA <Act No. 14286, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.