ENFORCEMENT DECREE OF THE CERTIFICATION OF SEAL IMPRINT ACT
Wholly Amended by Presidential Decree No. 8919, Apr. 6, 1978
Amended by Presidential Decree No. 9302, Feb. 1, 1979
Presidential Decree No. 10829, May 29, 1982
Presidential Decree No. 11118, Apr. 25, 1983
Presidential Decree No. 11715, jun. 29, 1985
Presidential Decree No. 12555, Dec. 19, 1988
Presidential Decree No. 13141, Oct. 19, 1990
Presidential Decree No. 13351, Apr. 16, 1991
Presidential Decree No. 13872, Mar. 30, 1993
Presidential Decree No. 14032, Dec. 28, 1993
Presidential Decree No. 14486, Dec. 31, 1994
Presidential Decree No. 15341, Apr. 12, 1997
Presidential Decree No. 16177, Mar. 12, 1999
Presidential Decree No. 17867, Dec. 31, 2002
Presidential Decree No. 18105, Sep. 29, 2003
Presidential Decree No. 18681, Jan. 15, 2005
Presidential Decree No. 20503, Dec. 31, 2007
Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 21573, jun. 26, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 23383, Dec. 21, 2011
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24508, Apr. 22, 2013
Presidential Decree No. 25006, Dec. 17, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25956, Dec. 31, 2014
Presidential Decree No. 26059, Jan. 20, 2015
Presidential Decree No. 26883, Jan. 12, 2016
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 27304, Jul. 5, 2016
Presidential Decree No. 28211, Jul. 26, 2017
The purpose of this Decree is to provide for matters delegated from the Certification of Seal Imprint Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26059, Jan. 20, 2015>
| Article 2 Deleted. <by Presidential Decree No. 18681, Jan. 15, 2005> |
| Article 3 (Name in Registration or Application) |
| (1) | Any registration or application under the Certification of Seal Imprint Act (hereinafter referred to as the "Act") and this Decree shall be filed in the name recorded in the family relationship register or the resident registration card. |
| (2) | Notwithstanding paragraph (1), in any of the following cases, any registration or application shall be filed in the name provided in the following: |
| 1. | A Korean national residing abroad who has not obtained resident registration [referring to a Korean national residing abroad who has no domicile or administrative domicile for administration purposes (hereinafter referred to as "administrative domicile for administration purposes") under Article 19 (3) of the Resident Registration Act in the Republic of Korea among Korean nationals residing abroad (hereinafter referred to as "Korean national residing abroad") under subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans; hereinafter the same shall apply]: The name recorded in his/her family relationship register or in his/her passport; |
| 3. | A person who has reported the place of his/her residence in the Republic of Korea (referring to a Korean with foreign citizenship who has reported the place of his/her residence in the Republic of Korea under Article 6 (1) of the Act on the Immigration and Legal Status of Overseas Koreans; hereinafter the same shall apply): The name recorded in the original register of the place of residence reported in the Republic of Korea under Article 10 (1) of the Enforcement Decree of the aforesaid Act. |
| (3) | Notwithstanding paragraphs (1) and (2), where an alien or a person who has reported the place of his/her residence in the Republic of Korea submits any of the following documents, he/she may file any registration and application in the name in Chinese character recorded in such document: <Amended by Presidential Decree No. 28211, July 26, 2017> |
| 1. | His/her family relationship register closed; |
| 2. | His/her foreign passport in which his/her name in Chinese character is recorded; |
| 3. | Other documents prescribed by the Minister of the Interior and Safety which prove the name of the person himself/herself in Chinese character. |
[This Article Wholly Amended by Presidential Decree No. 27304, Jul. 5, 2016]
| Article 4 (Notification of Changes of Last Domicile and Reference Domicile of Korean Nationals Residing Abroad without Resident Registration) |
| (1) | The last domicile under each subparagraph of Article 3 (2) of the Act shall be the actual place of residence of each Korean national residing abroad without resident registration immediately before he/she ceased to have domicile in the Republic of Korea and departed abroad from the Republic of Korea: Provided, That in cases of a person who departed from the Republic of Korea on or after August 28, 1968, his/her last domicile shall be the place of his/her resident registration as at the time of his/her departure. <Amended by Presidential Decree No. 26059, Jan. 20, 2015> |
| (2) | When a Korean national residing abroad without resident registration changes his/her reference domicile pursuant to the Act on the Registration, etc. of Family Relationship, the head of an agency in charge of the registration of family relationship shall immediately notify the Special Self-governing City Mayor, the Special Self-governing Province Governor or the head of a Si (excluding the Special Metropolitan City Mayor or the Metropolitan City Mayor; hereinafter the same shall apply)/Gun/autonomous Gu having jurisdiction over his/her last domicile and former reference domicile (hereinafter referred to as “certification agency”) of the change of his/her reference domicile in Form 1. <Amended by Presidential Decree No. 17867, Dec. 31, 2002; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 27304, Jul. 5, 2016> |
| (3) | Where a Korean national residing abroad without resident registration and who has registered his/her seal imprint pursuant to Article 3 (2) of the Act files a report under Article 10-2 (1) of the Resident Registration Act, the certification agency having jurisdiction over his/her domicile shall notify the certification agency having jurisdiction over his/her last domicile and reference domicile of the fact in Form 1-2. <Newly Inserted by Presidential Decree No. 26059, Jan. 20, 2015> |
| Article 4-2 (Alteration of Certification Agency) |
| (1) | Cases where a person is deemed to have registered his/her seal imprint with the certification agency having jurisdiction over his/her domicile pursuant to Article 3 (5) of the Act and the base date thereof shall be as follows: |
| (2) | Cases where a person is deemed to have registered his/her seal imprint with a certification agency having jurisdiction over his/her administrative domicile for administrative purposes pursuant to Article 3 (5) of the Act and the base date thereof shall be as follows: |
[This Article Newly Inserted by Presidential Decree No. 26059, Jan. 20, 2015]
| Article 5 (Forms of Seal Imprint Register, etc.) |
| (1) | The format for a seal imprint register to be kept by each certification agency pursuant to Article 4 (1) of the Act is presented in attached Form 2: Provided, That the format for a seal imprint register for Korean nationals residing abroad is presented in attached Form 3; a seal imprint register for aliens in attached Form 4; and a seal imprint register for persons with a reported domestic abode in attached Form 5. |
| (2) | Each certification agency shall keep, preserve, and manage a ledger for management of seal imprints in attached Form 6, in addition to the seal imprint register. |
| (3) | Upon receipt of an emigration report under Article 19 of the Resident Registration Act from a person whose seal imprint is registered, a certification agency shall enter the reporting date in the column for change in address in the seal imprint register in attached Form 2, along with the words “emigration reported.” <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 25956, Dec. 31, 2014> |
| (4) | Upon receipt of a list of emigrants or emigrants who settled in a foreign country while abroad under Article 26 (2) or (6) of the Enforcement Decree of the Resident Registration Act, a certification agency shall attach a transcript of the relevant seal imprint register in attached Form 2 to the seal imprint register for Korean nationals residing abroad in attached Form 3 for management. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 25956, Dec. 31, 2014> |
| (5) | Where a Korean national residing abroad makes resident registration pursuant to Article 32-2 of the Enforcement Decree of the Resident Registration Act, after permanent return from abroad, a certification agency shall attach a seal imprint register for Korean nationals residing abroad in Form 3 to a seal imprint register in Form 2, and administer it. <Newly Inserted by Presidential Decree No. 26059, Jan. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 5-2 (Operation and Management of Electronic Information Processing System) |
| (1) | In order to protect seal imprint files stored in an election information processing system under Article 4 (4) of the Act (referring to those stored and managed on a magnetic tape, magnetic disk, or any other similar medium; the same shall apply hereinafter) from being destroyed or damaged, the entered data and programs shall be additionally stored in another memory medium and safely preserved in an isolated place. <Amended by Presidential Decree No. 24508, Apr. 22, 2013> |
| (2) | When a certification agency finds any abnormality in the electronic information processing system, it shall immediately inspect the management condition of seal imprint files and reinstate damaged seal imprint files to the state before they are damaged. |
| (3) | When a certification agency produces, alters, or discards any seal imprint file, it shall record relevant facts in the file list, and the Public Records Management Act and the Enforcement Decree of the aforesaid Act shall apply with regard to the methods for preserving and discarding such files. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 23383, Dec. 21, 2011> |
| (4) | In addition to matters provided for in paragraphs (1) through (3), matters necessary for the data entry, printing, compilation, and search of seal imprint files and the administration and management of affairs relating to seal imprints shall be prescribed by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, July 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 5-3 (Transfer of Seal Imprint Register) |
| (1) | When a person whose seal imprint is registered or cancelled, changes his/her domicile (including where he/she files a report under Article 10-2 of the Resident Registration Act), the former certification agency shall, within three days of the date it receives a request for transfer of the relevant official records, enter the address in the ledger for management of seal imprints in attached Form 6; place the seal imprint register of the person whose seal imprint is registered or cancelled in an envelope, along with the relevant official records; seal the envelope; and transfer the documents to the new certification agency in attached Form 6-2. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26059, Jan. 20, 2015> |
| (2) | Upon receipt of a report on change in reference domicile from a Korean national residing abroad without resident registration whose seal imprint is registered, the former certification agency that keeps the relevant seal imprint register shall, within three days from the date it receives such report, record the change in the ledger for management of seal imprints in attached Form 6; place the records of change in reference domicile in attached Form 1 and the seal imprint register in attached Form 3 or the ledger for management of registered seal imprints of Korean nationals residing abroad without resident registration in Form 7 in an envelope; seal the envelope; and transfer the documents to the new certification agency. <Amended by Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016> |
| (3) | Upon receipt of a report on change of the place of sojourn from an alien or notice of change in the place of sojourn of an alien from the head of an immigration control office or the head of a branch office of an immigration control office pursuant to Article 36 of the Immigration Act, the certification agency having jurisdiction over the new place of sojourn shall notify, without delay, the certification agency having jurisdiction over the former place of sojourn thereof; and the certification agency having jurisdiction over the former place of sojourn shall, within three days from the date it receives such notice, record the fact in the ledger for management of seal imprints in attached Form 6; place the seal imprint register in attached Form 4, in an envelope; seal the envelope; and transfer the document to the certification agency having jurisdiction over the new place of sojourn. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016> |
| (4) | Upon receipt of a report on change in the domestic abode of a person with a reported domestic abode pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans and Article 11 of the Enforcement Decree of the aforesaid Act, the certification agency having jurisdiction over the former abode shall, within three days from the date it receives such reporting, record the fact in the ledger for management of seal imprints in attached Form 6; place the seal imprint register in attached Form 5, in an envelope; seal the envelope; and transfer the documents to the certification agency having jurisdiction over the new abode. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016> |
| (5) | A transfer of a seal imprint register and the relevant official records under paragraphs (1) through (4) shall be made by registered mail: Provided, That the transfer may be made by means determined by the head of the competent Si/Gun/autonomous Gu if it is made within an area under jurisdiction of the same Si/Gun/autonomous Gu under the authority delegated pursuant to Article 18-2. <Newly Inserted by Presidential Decree No. 20503, Dec. 31, 2007> |
| (6) | Upon receipt of a seal imprint register transferred under paragraphs (1) through (4), the new certification agency shall enter the transfer in the ledger for management of seal imprints in attached Form 6. |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 6 (Dimensions of Seal) |
The dimensions of a seal used for the certification of a seal imprint shall not be smaller than seven millimeters nor larger than 30 millimeters in length and in width. <Amended by Presidential Decree No. 17867, Dec. 31, 2002>
[This Article Wholly Amended by Presidential Decree No. 16177, Mar. 12, 1999]
| Article 7 (Registration of Seal Imprint in Person) |
| (1) | A person who intends to register his/her seal imprint under Article 3 (6) of the Act shall personally present his/her identification card and the seal to be used for his/she seal imprint to the competent certification agency pursuant to Article 7 (1) of the Act and shall make an oral declaration as to the following matters. In such cases, where a person who intends to file an application for the registration of his/her seal imprint is an adult placed under the protection of a legal guardian, his/her legal guardian shall make a visit and file an application for the registration of his/her seal imprint; where he/she is a minor, the minor shall make a visit with his/her legal representative and file an application for the registration of his/her seal imprint; and where he/she is a quasi-incompetent placed under the protection of a legal guardian, the quasi-incompetent shall make a visit with his/her legal guardian and file an application for the registration of his/her seal imprint: <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | Reference domicile (except for aliens); |
| 2. | Address, domestic place of sojourn, or domestic abode; |
| 4. | Resident registration number (or date of birth, if the registrant has no resident registration number); |
| 5. | Passport number (applicable only to Korean nationals residing abroad without resident registration, aliens, or persons with a reported domestic abode). |
| (2) | Notwithstanding the latter part of paragraph (1), where a person who intends to file an application for the registration of his/her seal imprint is a quasi-incompetent placed under the protection of a legal guardian, in which case it is mentioned in a certificate of registered matters (hereinafter referred to as "certificate of registered matters") under Article 15 (1) of the Act on Registration by Legal Guardian that his/her legal guardian may exercise the right of representation concerning the registration of his/her seal imprint, his/her legal guardian may make a visit alone and file an application for the registration of the seal imprint of the quasi-incompetent placed under the protection of the legal guardian. <Newly Inserted by Presidential Decree No. 27304, Jul. 5, 2016> |
| (3) | A certification agency shall verify the identity of the person who files for registration of his/her seal imprint under paragraph (1) or (2) by means of any of the following identification certificates (hereinafter referred to as “certificate of resident registration or other identification”): <Amended by Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | Certificate of resident registration; |
| 3. | Certificate of a registered disabled person (bearing the resident registration number and address); |
| 4. | Passport of the Republic of Korea; |
| (4) | If the registrant under paragraph (1) or (2) is a Korean national residing abroad who has not obtained resident registration, an alien, or a person with a reported domestic abode, the certification agency shall verify his/her passport number mentioned in paragraph (1) 5 against his/her passport. <Newly Inserted by Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 27304, Jul. 5, 2016> |
| (5) | Upon completion of verification under paragraph (3) or (4), the certification agency shall make necessary entries in the relevant columns of the seal imprint register and affix the seal in the column for seal imprint in the presence of the registrant. In such cases, the certification agency shall record “orally registered” in the column for remarks in the seal imprint register, and require a person who files an application for the registration thereof to check the related matters and to affix the fingerprint of his/her thumb (where the fingerprint of the thumb is unclear, referring to other fingerprint; hereinafter referred to as "thumbprint"), and where he/she is a minor, the certification agency shall require his/her legal representative to affix his/her thumbprint, and where he/she is a quasi-incompetent placed under the protection of a legal guardian, the certification agency shall require his/her legal guardian to affix his/her thumbprint. <Newly Inserted by Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 27304, Jul. 5, 2016> |
| (6) | If it is impracticable to verify a registrant’s identity by the means under paragraph (3), the certification agency shall verify the registrant’s identity electronically using computerized data of resident registration or data managed by related central administrative agencies. <Newly Inserted by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (7) | Where the Special Self-governing City Mayor, the Special Self-governing Province Governor, the head of a Si/Gun/Gu (including the head of a Gu that is not an autonomous Gu), the head of a Eup/Myeon/Dong or the head of a branch office (hereinafter referred to as "agency that issues a certificate of seal imprint") confirms that a person who intends to file any registration or application under the Act and this Decree is an adult placed under the protection of a legal guardian or a quasi-incompetent placed under the protection of a legal guardian, he/she shall receive a certificate of registered matters of a person who intends to file registration or an application and check the record in the registration of legal guardianship. <Newly Inserted by Presidential Decree No. 27304, Jul. 5, 2016> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 7-2 Moved Article 17-2 |
| Article 8 (Written Registration of Seal Imprints) |
| (1) | “If he/she cannot appear in person due to a ground prescribed by Presidential Decree” in the proviso to Article 7 (1) of the Act means where a person is unable to make an appearance in person due to illness, childbirth, conscription, penal servitude, studying abroad, residing abroad, or any other reason. |
| (2) | When a person files for registration of his/her seal imprint in writing in accordance with the proviso to Article 7 (1) of the Act, he/she shall submit a white paper with his/her seal imprinted (hereinafter referred to as “seal imprint sheet”) and a document evidencing the reason he/she is unable to appear in person, along with a seal imprint registration application in attached Form 9. |
| (3) | When a minor files an application for the registration of his/her seal imprint in writing, he/she shall submit an application for the registration of his/her seal imprint (the alteration thereof) in Form 9 or 9-2 with the consent of his/her legal representative [where his/her legal representative is a Korean national residing abroad and stays overseas, or a Korean residing (staying) abroad, referring to the consent of his/her legal representative verified by the diplomatic mission abroad, and where his/her legal representative is being imprisoned, referring to the consent of his/her legal representative verified by the correctional institution; hereinafter the same shall apply]. In such cases, the certification agency shall verify the legal representative’s seal imprint. <Amended by Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 27304, Jul. 5, 2016> |
| (4) | Where a quasi-incompetent placed under the protection of a legal guardian files an application for the registration of his/her seal imprint in writing, he/she shall submit an application for the registration of his/her seal imprint (the alteration thereof) in Form 9 or 9-2 with the consent of his/her legal guardian [where his/her legal guardian is a Korean national residing abroad and stays overseas, or a Korean residing (staying) abroad, referring to the consent of his/her legal guardian verified by the diplomatic mission abroad, and where his/her legal guardian is being imprisoned, referring to the consent of his/her legal guardian verified by the correctional institution; hereinafter the same shall apply]. In such cases, the certification agency shall verify the seal imprint of his/her legal guardian. <Newly Inserted by Presidential Decree No. 27304, Jul. 5, 2016> |
| (5) | The period of validity of documents submitted pursuant to paragraphs (2) through (4) shall be three months, from the date of the confirmation thereof (in case of documents which require confirmation from the diplomatic mission abroad, referring to six months from the date of the confirmation thereof). <Newly Inserted by Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 27304, Jul. 5, 2016> |
| (6) | Where a certification agency receives an application under paragraphs (2) through (4), it shall enter necessary descriptions in the relevant columns of the seal imprint register, attach the seal imprint sheet to the seal imprint register, and affix the official seal on the overlapped area of the seal imprint register and the seal imprint sheet, and state the reason therefor in the column for remarks in the seal imprint register and mark “registered in writing”; and where the legal representative files an application for the registration thereof, the certification agency shall require him/her to check matters for registration and to affix his/her thumbprint. <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 27304, Jul. 5, 2016> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 9 (Verification of Past Records of Registration of Seal Imprints of Korean Nationals Residing Abroad and Persons with Reported Domestic Abode) |
| (1) | Upon receipt of an application for registration of a seal imprint from a Korean national residing abroad, the certification agency having jurisdiction over his/her last domicile shall verify whether the Korean national residing abroad has a seal imprint previously registered and notify, without delay, its findings to the certification agency having jurisdiction over his/her reference domicile in attached Form 10; and the certification agency having jurisdiction over his/her reference domicile shall, upon receipt of such notice, shall make entries in the ledger for management of registered seal imprints of Korean nationals residing abroad. <Amended by Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 26059, Jan. 20, 2015> |
| (2) | Upon receipt of an application for registration of a seal imprint from a person with a reported domestic abode, the certification agency shall verify whether the person with a reported domestic abode has a seal imprint previously registered and notify, without delay, its findings to the certification agency having jurisdiction over his/her reference domicile, last domicile, or current place of sojourn in attached Form 11. <Amended by Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 26059, Jan. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 10 (Refusal to Accept Application) |
A certification agency may reject an application for registration of a seal imprint in any of the following cases: <Amended by Presidential Decree No. 13351, Apr. 16, 1991; Presidential Decree No. 15341, Apr. 12, 1997; Presidential Decree No. 17867, Dec. 31, 2002; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 27304, Jul. 5, 2016>
| 1. | If the seal is made of copper plate, rubber, or any other material from which a seal imprint is easily deformed; |
| 2. | If the application is made in a name not recorded in the family relations register or the resident registration card, in violation of Article 3; |
| 3. | If the seal does not conform to the dimensions prescribed in Article 6; |
| 4. | If an adult placed under the protection of a legal guardian files for registration of his/her seal in person; |
| 5. | If a minor files for registration of his/her seal without the consent of his/her legal representative; |
| 5-2. | If a quasi-incompetent files for registration of his/her seal imprint without the consent of his/her legal guardian; |
| 5-3. | If a legal guardian files for registration of the seal imprint of a quasi-incompetent placed under the protection of the legal guardian without having the right of representation concerning the registration of the seal imprint of such quasi-incompetent; |
| 6. | If there is a seal imprint already registered; |
| 7. | If the seal imprint is inappropriate to be placed in a seal imprint file because the seal is defaced or degraded; |
| 8. | If it is impracticable to verify the registrant’s identity. |
| Article 11 (Report on Death, etc.) |
| (1) | Deleted. <by Presidential Decree No. 18681, Jan. 15, 2005> |
| (2) | A report on the death, or a declaration of disappearance, of a Korean national residing abroad who has not obtained resident registration, alien, or person with a reported domestic abode shall be filed with the competent certification agency in Form 12 or 12-2, within one month (three months in cases of a Korean national residing abroad who has not obtained resident registration) from the date the relevant event occurs, along with documents evidencing said event. <Amended by Presidential Decree No. 17867, Dec. 31, 2002; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26059, Jan. 20, 2015> |
| Article 12 (Cancellation and Reinstatement of Seal Imprints) |
| (1) | When a certification agency intends to ex officio cancel a seal imprint under Article 11 (1) of the Act, it shall ascertain the ground for cancellation with the family relations register, the resident registration card, the alien registration card, a letter of confirmation from the competent diplomatic mission abroad, a letter of confirmation on the return of certificate of reporting of a domestic abode, or by inquiring into the reference domicile or by instructing the public official in charge to conduct fact-finding investigations; enter the date of cancellation and the ground therefor; and record “ex officio cancelled” in red in the column for remarks in the seal imprint register; and then have the public official in charge affix his/her signature or seal thereon. <Amended by Presidential Decree No. 20503, Dec. 31, 2007> |
| (2) | Where a person who has registered his/her seal imprint intends to apply for cancellation or reinstatement of the seal imprint pursuant to Article 11 (2) and (3) of the Act, he/she shall make a visit to the competent certification agency to file an application for the cancellation or reinstatement thereof (including a verbal application for the cancellation or reinstatement thereof): Provided, That where an adult placed under the protection of a legal guardian, minor or quasi-incompetent placed under the protection of a legal guardian intends to file an application for the cancellation or reinstatement of his/her seal imprint, he/she shall do so according to the following classification: <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | An adult placed under the protection of a legal guardian: His/her legal guardian shall make a visit and files an application therefor; |
| 2. | A minor: He/she shall make a visit with his/her legal representative and files an application therefor or files an application therefor with the consent of his/her legal representative; |
| 3. | A quasi-incompetent placed under the protection of a legal guardian: He/she shall make a visit with his/her legal guardian and files an application therefor or files an application therefor with the consent of his/her legal guardian: Provided, That where it is mentioned in a certificate of registered matters that his/her legal guardian may exercise the right of representation concerning the registration of his/her seal imprint, his/her legal guardian may make a visit alone and file an application therefor. |
| (3) | Notwithstanding the main sentence of paragraph (2), if a person whose seal imprint is registered is unable to appear in person due to illness, childbirth, conscription, penal confinement, studying abroad, residing abroad, or any other reason, he/she shall file an application for cancellation or reinstatement of seal imprint in attached Form 12 or 12-2, along with a document evidencing the fact. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016> |
| (4) | Upon receipt of an application for cancellation or reinstatement of a seal imprint under paragraph (2) or (3), a certification agency shall verify the identity of the applicant or representative with his/her certificate of resident registration or any other identification; ascertain whether the seal imprint on the application for cancellation or reinstatement or the seal imprint of the legal representative is authentic; enter the date of cancellation or reinstatement of the seal imprint and the ground therefor and mark “cancellation registered” or “reinstatement registered” in the column for remarks in the seal imprint register, if the identity of the applicant or representative and the authenticity of the seal imprint are verified; and have the applicant place his/her thumbprint thereon. <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005> |
| (5) | If the resident registration of a person whose seal imprint is registered is cancelled or recorded “abode unknown”, or the resident registration of a person whose resident registration is cancelled or recorded “abode unknown” is re-registered, the competent certification agency shall enter the date of cancellation or reinstatement and the ground therefor; record “ex officio cancelled” or “ex officio reinstated” in the remarks column in the seal imprint register; and have the public official in charge affix his/her signature or seal thereon, pursuant to Article 11 (4) of the Act. <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 24508, Apr. 22, 2013> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 13 (Issuance of Certificates of Seal Imprint) |
| (1) | Where a person intends to receive a certificate of seal imprint pursuant to Article 12 (1) of the Act, he/she or his/her representative (limited to a person at least 17 years old) shall file for issuance of such certificate with an agency issuing certificates of seal imprint. In such cases, where a representative applies for issuance of certificates of seal imprint, he/she shall submit a letter of delegation of issuance of certificates of seal imprint (referring to verification on such delegation by diplomatic establishments abroad where a delegating person who is a Korean national abroad stays in a foreign country) prescribed in the attached Form 13, 13-2, or 13-3, along with the resident registration certificate, etc. of a delegating person [excluding cases where a person who resides or stays in a foreign country submits a letter of delegation after obtaining confirmation from the diplomatic establishment abroad or a person imprisoned submits a letter of delegation after obtaining confirmation from the correctional institution] and his/her representative. <Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (2) | Notwithstanding paragraph (1), a person shall file for issuance of a certificate of seal imprint as follows in each of the following cases: <Amended by Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | Where a person who has filed for registration of his/her seal imprint is an adult placed under the protection of a legal guardian, his/her legal guardian shall visit an agency issuing the certificate of seal imprint and file for the issuance of such certificate; |
| 2. | Where a person who has filed for registration of his/her seal imprint is a minor, he/she shall submit a written consent of his/her legal representative in Form 13, 13-2 or 13-3 [referring to the consent of his/her legal representative verified by the diplomatic establishment abroad where his/her legal representative is a Korean national residing abroad and stays in a foreign country or a Korean residing (staying) abroad, and referring to the consent of his/her legal representative verified by the correctional institution where his/her legal representative is being imprisoned] and the resident registration card, etc. of his/her legal representative; |
| 3. | Where a person who has filed for registration of his/her seal imprint is a quasi-incompetent placed under the protection of a legal guardian, he/she shall submit a written consent of his/her legal guardian in Form 13, 13-2 or 13-3 [referring to the consent of his/her legal guardian verified by the diplomatic establishment abroad where his/her legal guardian is a Korean national residing abroad and stays in a foreign country or a Korean residing (staying) abroad, and referring to the consent of his/her legal guardian verified by the correctional institution where his/her legal guardian is being imprisoned] and the resident registration card, etc. of his/her legal guardian: Provided, That the foregoing shall be limited to cases where the purpose of a certificate of seal imprint he/she intends to be issued is for matters which require the consent of his/her legal guardian; |
| 4. | Where a person who has filed for registration of his/her seal imprint is a quasi-incompetent placed under the protection of a legal guardian, and it is mentioned in a certificate of registered matters that his/her legal guardian may exercise the right of representation concerning the issuance of a certificate of his/her seal imprint, his/her legal guardian may file an application for issuance of a certificate of his/her seal imprint. |
| (3) | If a person intends to obtain a certificate of seal imprint for the sale of real estate or a motor vehicle (referring to a motor vehicle registered in accordance with Article 5 of the Motor Vehicle Management Act: the same shall apply hereafter in this paragraph), he/she shall provide the name, address, and resident registration number of the purchaser of the real estate or motor vehicle (referring to the name of the corporation, the principal place of business, and the corporate registration number, if the purchaser is a corporation) in the column for purchaser of real estate or motor vehicle in the certificate of seal imprint in attached Form 14 to the relevant public official verbally or in writing, verify stated matters, and sign on the signature box of an applicant: Provided, That, if a Korean national residing abroad intends to obtain a certificate of seal imprint for the sale of real estate, he/she shall state the category and location of the real estate to be transferred in the verification column by the head of a tax office in attached Form 13 and shall have the form verified by the head of the tax office having jurisdiction over the seat of the competent certification agency or the location of the real estate. <Amended by Presidential Decree No. 25006, Dec. 17, 2013; Presidential Decree No. 26883, Jan. 12, 2016> |
| (4) | An agency that issues a certificate of seal imprint in receipt of an application for issuance of a certificate of seal imprint shall issue a certificate of seal imprint according to the following procedures: <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | It shall ascertain the identity of a person himself/herself, representative under paragraph (1), legal guardian of an adult placed under the protection of the legal guardian, legal representative of a minor or legal guardian of a quasi-incompetent placed under the protection of the legal guardian under paragraph (2) with his/her resident registration card (where it is difficult to ascertain the identity of an applicant with his/her resident registration card, etc., it shall ascertain his/her identity through the method under Article 7 (6)); |
| 2. | Where a minor applies for the issuance thereof, it shall ascertain without fail whether his/her legal representative gives consent, and where a quasi-incompetent placed under the protection of a legal guardian applies for the issuance thereof, it shall ascertain without fail whether his/her legal guardian gives consent; |
| 3. | It shall issue a certificate of seal imprint in Form 14 using a special paper for the prevention of reproduction. In such cases, where a certificate of seal imprint it issues is a certificate of seal imprint of a quasi-incompetent placed under the protection of the legal guardian, a public official in charge shall check the purpose of a certificate of seal imprint with an applicant and issue the certificate of seal imprint after personally mentioning the purpose therein; |
| 4. | Where a recipient is the person himself/herself, it shall require him/her to affix his/her signature or thumbprint to the book of issued certificates of seal imprint in Form 15 and issue a certificate of seal imprint, and where the recipient is his/her representative, it shall require his/her representative to affix his/her thumbprint and issue a certificate of seal imprint. In such cases, the recipient is the person himself/herself, it may require the recipient to affix his/her signature using the electronic image signature input system to the book of issued certificates of seal imprint managed by the computer system. |
| (5) | If the authority issuing certificates of seal imprint is unable to issue a certificate of seal imprint pursuant to paragraph (4), the applicant shall file an application for issuance of the certificate of seal imprint, in person, with the certifying agency having jurisdiction over the registrant of the seal imprint, and the authority issuing certificates of seal imprint shall, upon receipt of such application, verify the identity of the applicant or representative by applying paragraphs (1) through (4) mutatis mutandis; photocopy the seal imprint registered in the seal imprint register; attach the copy to attached Form 14; affix the official seal across the joint along which the form overlaps with the attachment to issue the certificate; and then require the recipient to affix his/her signature or thumbprint, if the recipient is the registrant, or his/her thumbprint, if the recipient is a representative, on the ledger for issuance of certificates of seal imprint in attached Form 15 before issuing it. <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016> |
| (6) | When the authority issuing certificates of seal imprint issues a certificate to a representative pursuant to paragraphs (4) and (5), it may notify the registrant, etc. of such issuance by mail or text message through mobile phone systems, in attached Form 15-2, at the request of the registrant. In such cases, where a person has consented to notification of issuance of his/her seal imprint and affixed his/her signature or seal to a seal imprint register prescribed in Article 5 (1) in reporting his/her seal imprint pursuant to Article 3 of the Act, it may notify such person of the issuance of his/her seal imprint without receiving a written application prescribed in the attached Form 15-2. <Newly Inserted by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26883, Jan. 12, 2016> |
| (7) | The period of validity of written consent or a power of attorney for the purposes of paragraph (1) shall be six months from the date of consent or delegation. |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 14 (Verification of Issuance of Certificates of Seal Imprint) |
Where a person who has received a certificate of seal imprint requests an institution issuing the certificate of seal imprint to confirm the issuance of a certificate of seal imprint through the electronic window for civil petitions (hereinafter referred to as "electronic window for civil petitions") prescribed in Article 9 (2) of the Electronic Government Act, it may verify such issuance as prescribed in the following: <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 26883, Jan. 12, 2016> | 1. | The issuing authority; |
| 3. | Resident registration number; |
[This Article Newly Inserted by Presidential Decree No. 18681, Jan. 15, 2005]
| Article 15 (Refusal to Issue Certificates of Seal Imprint) |
In any of the following cases, the authority issuing certificates of seal imprint may refuse to issue a certificate of seal imprint: <Amended by Presidential Decree No. 13351, Apr. 16, 1991; Presidential Decree No. 14032, Dec. 28, 1993; Presidential Decree No. 15341, Apr. 12, 1997; Presidential Decree No. 17867, Dec. 31, 2002; Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016>
| 2. | Where a representative who applies for the issuance of a certificate of the seal imprint of a person is under 17 years of age; |
| 3. | Where it is impracticable to verify the identity of a person who applies for issuance of a certificate of his/her seal imprint; |
| 4. | Where an adult placed under the protection of a legal guardian personally applies for the issuance of a certificate of his/her seal imprint; |
| 5. | Where a minor applies for the issuance of a certificate of his/her seal imprint without the consent of his/her legal representative; |
| 6. | Where a quasi-incompetent placed under the protection of a legal guardian applies for the issuance of a certificate of his/her seal imprint without the consent of his/her legal guardian (excluding cases where the purpose of a certificate of his/her seal imprint is for matters which do not require the consent of his/her legal guardian); |
| 7. | Where a legal guardian of a quasi-incompetent placed under the protection of the legal guardian applies for the issuance of a certificate of the seal imprint of such quasi-incompetent without having the right of representation concerning the issuance of a certificate of the seal imprint of such quasi-incompetent; |
| 8. | Where a representative fails to submit a letter of delegation of the issuance of a certificate of the seal imprint, and the resident registration card, etc. of the person who delegates power and the representative under the latter part of Article 13 (1) without any justifiable reason; |
| 9. | Where a minor fails to submit a written consent, resident registration card, etc. of his/her legal representative under Article 13 (2) 2 without any justifiable reason; |
| 10. | Where a quasi-incompetent placed under the protection of a legal guardian fails to submit a written consent, resident registration card, etc. of his/her legal guardian under Article 13 (2) 3 without any justifiable reason; |
| 11. | Where a person violates matters mentioned in the columns of application for protection of his/her seal imprint pursuant to Article 17-2 (5). |
| Article 16 (Reporting Alteration of Seal Imprint) |
| (1) | With regard to reporting the alteration of seal imprint prescribed in Article 13 of the Act, the provisions of Articles 7 and 8 shall apply mutatis mutandis. |
| (2) | Where the name of a person who has reported seal imprint is altered or a name recorded in a resident registration certificate has become different from the name of reported seal imprint due to permanent repatriation and any reported seal imprint has become different from a name prescribed in Article 3, he/she shall report alteration of his/her seal imprint pursuant to Article 13 of the Act before reporting or filing an application prescribed in this Act and this Decree. <Newly Inserted by Presidential Decree No. 26883, Jan. 12, 2016> |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 17 (Periods for Preservation of Documents Related to Certification of Seal Imprints) |
The period for preservation of documents related to the certification of seal imprints under Article 10 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016> | 1. | Seal imprint registers and ledgers for reported seal imprints of Korean nationals residing abroad without resident registration: Permanent; |
| 2. | Ledgers for issuance of certificates of seal imprint: 30 years; |
| 3. | Various reports, written verification, written consent, notices on reported seal imprint, letter of attorney, or other ledgers related to seal imprint: ten years. |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 17-2 (Applications for Protection of Seal Imprint and for Termination of Protection thereof) |
| (1) | Where a person applies for the protection of his/her seal imprint pursuant to Article 14-2 (1) of the Act, he/she may make a visit to an agency that issues a certificate of seal imprint, submits an application for the protection of his/her seal imprint in Form 15-3 or 15-4 along with his/her resident registration card, etc., and request such agency to mention necessary matters in the register of seal imprint: Provided, That such application may be made orally, if the registrant makes an application, in person, to the certification agency responsible for the management of his/her seal imprint register. <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (2) | When a Korean national residing abroad, other person living (or staying) abroad, or prisoner, whose seal imprint is registered, intends to have his/her representative apply for protection of the seal imprint, he/she shall obtain confirmation on his/her application for protection of the seal imprint in Form 15-3 or 15-4 from the competent diplomatic mission abroad having jurisdiction over his/her domicile or the relevant detention facility, and shall file the application with the authority issuing certificates of seal imprint. Upon receipt of an application for protection of a seal imprint from the representative, the authority issuing certificates of seal imprint shall verify the representative’s identity by means of his/her certificate of resident registration or other identification. <Newly Inserted by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (3) | Upon receipt of an application for protection of a seal imprint pursuant to the main sentence of paragraph (1), the authority issuing certificates of seal imprint shall, without delay, notify the competent certification agency thereof in accordance with Form 15-5; the competent certification agency in receipt of such notice shall record the details of application for protection of the seal imprint in the relevant seal imprint register in its custody; and the public official in charge shall affix his/her signature or seal thereon. <Newly Inserted by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (4) | Notwithstanding the main sentence of paragraph (1), where a person who intends to apply for the protection of his/her seal imprint is an adult placed under the protection of a legal guardian, his/her legal guardian shall apply for the protection of his/her seal imprint, where a person who intends to apply for the protection of his/her seal imprint is a minor, such minor shall apply for the protection of his/her seal imprint with the consent of his/her legal representative, and where a person who intends to apply for the protection of his/her seal imprint is a quasi-incompetent placed under the protection of a legal guardian, such quasi-incompetent shall apply for the protection of his/her seal imprint with the consent of his/her legal guardian: Provided, That where a quasi-incompetent placed under the protection of a legal guardian applies for the protection of his/her seal imprint, in which case it is mentioned in a certificate of registered matters that his/her legal guardian may exercise the right of representation concerning the registration of his/her seal imprint, his/her legal guardian may apply for the protection of the seal imprint of such quasi-incompetent. <Newly Inserted by Presidential Decree No. 27304, Jul. 5, 2016> |
| (5) | In receipt of an application for protection of seal imprint pursuant to the proviso to paragraph (1), the certification agency shall enter requested matters in the column for application for protection of seal imprint, of the seal imprint ledger, and request the applicant to verify such matters; and if an applicant files for such protection in person, he/she shall affix his/her signature or place his/her thumbprint, or when a legal representative thereof files for such protection, he/she shall place his/her thumbprint. <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 27304, Jul. 5, 2016> |
| (6) | Paragraphs (1) through (5) shall apply mutatis mutandis to an application for termination of protection of seal imprint. <Amended by Presidential Decree No. 18105, Sep. 29, 2003; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (7) | Where a person who has filed for registration of his/her seal imprint is unable to visit an agency issuing certificates of seal imprint in person due to hospitalization, etc. after having applied for protection of his/her seal imprint under Article 14-2 (1) of the Act, he/she may apply for termination of protection of seal imprint according to the following procedures: <Amended by Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | Any one who intends to apply for termination of protection of his/her seal imprint shall require his/her representative to submit an application for confirmation of the termination of the protection of his/her seal imprint by visiting him/her in Form 15-6 to the head of an Eup/Myeon/Dong or the head of a branch office having jurisdiction over a facility where he/she is hospitalized along with evidentiary documents; |
| 2. | In receipt of an application prescribed in subparagraph 1, the head of an eup/myeong/dong or the head of a branch office thereof shall notify the relevant applicant or representative thereof of whether an applicant would have a visit from the relevant person and time schedule of a visit within three days from the date he/she receives such application. In such cases, where the relevant public official is scheduled to pay a visit to an applicant, he/she shall pay a visit within six days from the date an application is filed under paragraph (1); |
| 3. | The relevant public official who paid a visit to an applicant pursuant to subparagraph 1 or 2 shall verify the identity of an applicant with his/her resident registration certificate, etc. or thumbprint, and an application for termination of protection of seal imprint in Form 15-3 or 15-4 shall be submitted after confirming an applicant's intention. |
[This Article Wholly Amended by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 18 (Perusal of Documents concerning Seal Imprints) |
| (1) | "Persons prescribed by Presidential Decree" in Article 14-3 (1) of the Act means the following persons: <Amended by Presidential Decree No. 27304, Jul. 5, 2016> |
| 1. | Where a person delegates the issuance of a certificate of his/her seal imprint: His/her representative (limited to the perusal of the details of a certificate of his/her seal imprint issued); |
| 2. | Where a person intends to peruse documents concerning the seal imprint of an adult placed under the protection of a legal guardian: His/her legal guardian; |
| 3. | Where a person intends to peruse documents concerning the seal imprint of a quasi-incompetent placed under the protection of a legal guardian: His/her legal guardian (limited to where his/her legal guardian has the right of representation concerning the perusal of documents concerning the seal imprint of such quasi-incompetent); |
| 4. | Where a person who has personally filed for registration of his/her seal imprint dies or is declared missing: His/her successor; |
| 5. | Other persons who have authority to request the competent agency to allow them to peruse documents concerning seal imprints pursuant to other Acts. |
| (2) | A person who has personally filed for registration of his/her seal imprint or a person falling under any subparagraph of paragraph (1) may request an agency issuing a certificate of seal imprint to allow him/her to peruse documents concerning the seal imprint, to provide a copy of documents he/she has perused (including printouts of computerized data; hereinafter the same shall apply), and to issue a written confirmation in Form 16-2 (hereafter referred to as "perusal, etc." in this Article). <Amended by Presidential Decree No. 27304, Jul. 5, 2016> |
| (3) | Where a certification agency or an institution issuing certificates of seal imprint receives an application for perusal, etc. prescribed in paragraph (2), it shall check whether an applicant is qualified to file an application for perusal, etc. and his/her resident registration certificate, etc., record his/her name in the perusal ledger prescribed in the attached Form 16, allow an applicant to peruse the seal imprint register, etc. with the attendance of the relevant public official, and issue the copy of documents perused along with a written confirmation prescribed in the attached Form 16-2, where an applicant files an application for issuance of such documents. <Amended by Presidential Decree No. 27304, Jul. 5, 2016> |
| (4) | Any person who intends to request the perusal of documents, etc. to for a pending trial, investigation, prosecution, maintenance of a public prosecution, tax investigation, audit, or other duties corresponding thereto, among persons under paragraph (1) 5 shall file an application for perusal, etc. within the minimum extent. In such cases, any person who requests perusal, etc. shall make such request through documents where applicable Acts and grounds for a request are stated in detail, and a certification agency or an institution issuing the certificate of seal imprint shall allow an applicant to peruse documents, etc. in person as requested or notify an applicant thereof in writing. <Amended by Presidential Decree No. 27304, Jul. 5, 2016> |
[This Article Wholly Amended by Presidential Decree No. 26883, Jan. 12, 2016]
| Article 18-2 (Delegation of Authority) |
| (1) | Pursuant to Article 14-4 of the Act, each certification agency shall delegate its authority over administrative affairs related to seal imprints of persons who have domicile in the Republic of Korea, Korean nationals residing abroad, or Korean nationals residing abroad with a reported domestic abode (excluding affairs related to the issuance of certificates of seal imprint under Article 12 of the Act) to the head of each Eup/Myeon/Dong or the head of each branch office. <Amened by Presidential Decree No. 26059, Jan. 20, 2015; Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> |
| (2) | Deleted. <by Presidential Decree No. 26883, Jan. 12, 2016> |
[This Article Newly Inserted by Presidential Decree No. 18681, Jan. 15, 2005]
| (1) | Fees payable under Article 15 of the Act are as follows: <Amended by Presidential Decree No. 18681, Jan. 15, 2005; Presidential Decree No. 26883, Jan. 12, 2016> |
| 1. | Issuance of a certificate of seal imprint: 600 won per certificate; |
| 2. | Registration for change of a seal imprint: 600 won per time. |
| (2) | In any of the following cases, a person shall be exempted from fees referred to in paragraph (1): <Amended by Presidential Decree No. 20503, Dec. 31, 2007; Presidential Decree No. 21573, Jun. 26, 2009; Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 24508, Apr. 22, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, July 26, 2017> |
| 2. | Where a person applies for issuance of a certificate to submit as an accompanying document in an application for registration in which the State is the holder of the registered right; |
| 3. | Where deemed necessary for a public project approved by the head of a Si/Gun/autonomous Gu; |
| 5. | Where a relevant Act or subordinate statute requires to provide information about certification of seal imprints; |
| 11. | Where a person changes his/her seal to make the name thereon same as the name registered in accordance with Article 5 of the Act, or changes his/her seal after reporting the change of his/her name in accordance with a court’s judgment; |
[This Article Newly Inserted by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 20 (Subscription for Insurance, Mutual Aid Fund, etc.) |
In order to indemnify for the liability for damages incurred by an accident caused by an employee in connection with seal imprint, each certification agency shall subscribe for insurance (including insurance for fidelity guarantee) or for membership in a mutual aid fund, as prescribed by municipal ordinance of the local government.
[This Article Newly Inserted by Presidential Decree No. 17867, Dec. 31, 2002]
| Article 20-2 (Processing of Unique Identification Information) |
Where it is crucial to conduct the following affairs, a certification agency or agency issuing certificates of seal imprint may process mobile phone numbers and data including resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 26883, Jan. 12, 2016; Presidential Decree No. 27304, Jul. 5, 2016> | 5. | Affairs concerning applications for protection of seal imprints and the termination of the protection thereof under Article 14-2; |
[This Article Newly Inserted by Presidential Decree No. 26059, Jan. 20, 2015]
| Article 21 (Review of Regulations) |
The Minister of the Interior and Safety shall review the validity of the following matters and take measures, such as making improvements, every two years (referring to the period before the date same as the basic date of the year in which each two years elapse) based on the following basic date: <Amended by Presidential Decree No. 28211, July 26, 2017>
| 1. | Size of a seal under Article 6: January 1, 2015; |
| 2. | Grounds for refusal to accept an application for registration under Article 10: January 1, 2015. |
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) |
| (2) | (Enforcement Date of Main Sentence of Article 4 (2) and Article 11 (2) of Amendment to the Certification of Seal Imprint Act) The amended provisions of the main sentence of Article 4 (2) and Article 11 (2) of the Certification of Seal Imprint Act (Act No. 3040) (hereinafter referred to as the “amended Act”) shall enter into force on September 1, 1978. |
| (3) | (Period for Re-registration of Seal Imprint) The period during which a person must re-register his/her seal imprint in accordance with paragraph (2) of the Addenda to the amended Act shall begin on September 1, 1978 and end on December 31, 1978. |
| (4) | (Administrative Agency Responsible for Preservation of Record Books of Invalid Seal Imprints) The seal imprint registers that become invalid under paragraph (2) of the Addenda to the amended Act and the former seal imprint registers that become invalid upon re-registration shall be preserved by the certification agencies that keep the relevant seal imprint registers in custody on the date of invalidation. |
ADDENDA <Presidential Decree No. 9302, Feb. 1, 1979>
| (1) | (Enforcement Date) This Decree shall enter into force on February 1, 1979. |
| (2) | (Transitional Measure) A certificate of seal imprint already issued before this Decree enters into force shall remain valid as specified by the previous provisions. |
ADDENDUM <Presidential Decree No. 10829, May 29, 1982>
This Decree shall enter into force 15 days after the date of its promulgation.
ADDENDUM <Presidential Decree No. 11118, Apr. 25, 1983>
This Decree shall enter into force 15 days after the date of its promulgation.
ADDENDUM <Presidential Decree No. 11715, Jun. 29, 1985>
This Decree shall enter into force on July 1, 1985.
ADDENDA <Presidential Decree No. 12555, Dec. 19, 1988>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measure) The forms prepared and being used under the previous provisions as at the time this Decree enters into force may continue to be used, but the columns deleted under this Decree shall not be filled in. |
ADDENDA <Presidential Decree No. 13141, Oct. 19, 1990>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measure) The forms prepared and being used under the previous provisions as at the time this Decree enters into force may continue to be used, but the columns deleted under this Decree shall not be filled in. |
ADDENDA <Presidential Decree No. 13351, Apr. 16, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1991.
Article 2 (Period for Re-registration of Seal Imprint)
| (1) | The period during which a person must re-register his/her seal imprint pursuant to paragraph (2) of the Certification of Seal Imprint Act (Act No. 4315) (hereinafter referred to as the “amended Act”) shall begin on July 1, 1991 and end on December 31, 1991. |
| (2) | The method of registration under Article 7 of the Act shall apply to the re-registration of a seal imprint under paragraph (1). |
Article 3 (Transitional Measure concerning Seal Imprint Register)
| (1) | Notwithstanding the amended provisions of Article 5 (1), the seal imprint register being used under the previous provisions of Article 5 (1) as at the time this Decree enters into force may continue to be used until December 31, 1991. |
ADDENDA <Presidential Decree No. 13872, Mar. 30, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1993.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 14032, Dec. 28, 1993>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1994. |
| (2) | (Transitional Measure) The forms prepared and being used under the previous provisions as at the time this Decree enters into force may continue to be used, but the columns deleted under this Decree shall not be filled in. |
ADDENDUM <Presidential Decree No. 14486, Dec. 31, 1994>
This Decree shall enter into force on January 1, 1995.
ADDENDA <Presidential Decree No. 15341, Apr. 12, 1997>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5, 5-2, and 17 shall enter into force on May 1, 1997. |
| (2) | (Transitional Measure concerning Forms) The forms prepared and being used under the previous provisions as at the time this Decree enters into force may continue to be used. |
| (3) | (Transitional Measure concerning Preservation of Abolished Forms) The index book of seal imprints, the ledger for transfer of seal imprint registers, and the ledger for receipt of seal imprint registers, which shall be abolished under this Decree, shall be preserved in accordance with the previous provisions. |
ADDENDUM <Presidential Decree No. 16177, Mar. 12, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17867, Dec. 31, 2002>
This Decree shall enter into force on March 26, 2003.
ADDENDUM <Presidential Decree No. 18105, Sep. 29, 2003>
This Decree shall enter into force on October 1, 2003.
ADDENDUM <Presidential Decree No. 18681, Jan. 15, 2005>
This Decree shall enter into force on January 17, 2005.
ADDENDUM <Presidential Decree No. 20503, Dec. 31, 2007>
This Decree shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21573, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
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. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
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. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24508, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2013. (Proviso Omitted.)
Article 2 (Transitional Measure concerning Use of Former Forms Following Change of Forms)
Attached Form 16, prepared and being used under the previous provisions as at the time this Decree enters into force, may continue to be used until December 31, 2013.
ADDENDUM <Presidential Decree No. 25006, Dec. 17, 2013>
This Decree shall enter into force on January 1, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25956, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 22, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26059, Jan. 20, 2015>
This Decree shall enter into force on January 22, 2015: Provided, That the amended provisions of Articles 9 (2) and 18-2 (1) shall enter into force on July 1, 2016.
ADDENDA <Presidential Decree No. 26883, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5-3 and 18-2 shall enter into force on the date three months elapse from the promulgation of this Decree.
Article 2 (Applicability concerning Extension of Period for Keeping Ledgers for Issuance of Certificates of Seal Imprint)
The amended provisions of subparagraph 2 of Article 17 shall also apply to ledgers for issuance of certificate of seal imprint (including ledgers managed by the computer) kept as at the time this Decree enters into force.
Article 3 (Transitional Measures concerning Transfer of Seal Imprint Register)
The period for transferring the seal imprint register by a certification agency notified of the necessity of transfer of the seal imprint register before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 5-3.
Article 4 (Transitional Measures concerning Amendment to Form)
Attached Forms 2 through 5 and attached Forms 13, 13-2, and 13-3 governed by the previous provisions as at the time this Decree enters into force may be used along with the Form prescribed in this Decree for three months from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27304, Jul. 5, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Article 2 (Transitional Measures concerning Use of Form Related to Certificate of Seal Imprint with Regard to Incompetents, etc.)
With regard to a person in whose case the validity of the declaration of incompetency or quasi-incompetency is maintained at the time this Decree enters into force, the former form shall be used until an adult is placed under legal guardianship or a quasi-incompetent is placed under legal guardianship pursuant to the Civil Act or until five years elapse from the enforcement date under Article 1 of Addenda of the Civil Act partially amended by Act No. 10429.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of Addenda, the amended provisions of Presidential Decrees which were promulgated before this Decree enters into force, the enforcement dates of which have not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 8 Omitted.