ENFORCEMENT DECREE OF THE RESIDENT REGISTRATION ACT
Wholly Amended by Presidential Decree No. 20615, Feb. 22, 2008
Amended by Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21164, Dec. 17, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21683, Aug. 13, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22311, Jul. 26, 2010
Presidential Decree No. 22323, Aug. 4, 2010
Presidential Decree No. 23102, Aug. 29, 2011
Presidential Decree No. 23383, Dec. 21, 2011
Presidential Decree No. 23825, jun. 1, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 25001, Dec. 17, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25956, Dec. 31, 2014
Presidential Decree No. 26369, jun. 30, 2015
Presidential Decree No. 26663, Nov. 26, 2015
Presidential Decree No. 27103, Apr. 26, 2016
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27511, Sep. 22, 2016
Presidential Decree No. 27709, Dec. 30, 2016
Presidential Decree No. 28020, May 8, 2017
Presidential Decree No. 28150, jun. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28299, Sep. 19, 2017
Presidential Decree No. 28445, Nov. 28, 2017
Presidential Decree No. 28473, Dec. 19, 2017
The purpose of this Decree is to provide for matters delegated by the Resident Registration Act and other matters necessary for enforcing said Act.
| Article 2 (Delegation of Authority) |
| (1) | Pursuant to Article 3 (2) of the Resident Registration Act (hereinafter referred to as the "Act"), the Minister of the Interior and Safety shall delegate his/her authority to guide and supervise the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to the Special Metropolitan City Mayor, each Metropolitan City Mayor or Do Governor (hereinafter referred to as a "Mayor/Do Governor"), and his/her authority to grant approval to access or utilize electronic data on resident registration prescribed in the main sentence of Article 30 (1) of the Act (hereinafter referred to as "electronic data") to a Mayor/Do Governor or a Special Self-Governing Province Governor: Provided, That authority over the following matters shall be excluded herefrom: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Matters concerning the management, operation, etc. of the electronic information processing system prescribed in Article 7 of the Act (hereinafter referred to as "computation system"); |
| 2. | Matters concerning the issuance, etc. of resident registration certificates prescribed in Article 24 of the Act; |
| 3. | Authority to grant approval for output data in which at least two units of the Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province are involved. |
| (2) | A Mayor/Do Governor may re-delegate authority to grant approval for output data for the unit under each Si/Gun or autonomous Gu, out of his/her delegated authority to grant approval for output data prescribed in paragraph (1), to the head of a Si/Gun/Gu, as prescribed by rules of the relevant local government. |
| Article 3 (Burden of Expenses) |
| (1) | Pursuant to Article 5 (2) of the Act, the Minister of the Interior and Safety shall bear part of the expenses incurred in issuing resident registration certificates in any of the following cases: <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. 25956, Dec. 31, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 2. | Where a replacement for a resident registration certificate is issued pursuant to the proviso to Article 27 (3) of the Act. |
| Article 4 (Registration of Military Personnel not Belonging to any Household) |
A military person who falls under Article 6 (2) of the Act but who does not belong to any household shall be registered by the head of a Si (excluding the Special Metropolitan City Mayor and other Metropolitan City Mayors, but including the Governor of a Special Self-Governing Province; hereinafter the same shall apply) or Gun/Gu having jurisdiction over the reference domicile under Article 10 (1) of the Act on the Registration, etc. of Family Relationship (hereinafter referred to as "reference domicile"). <Amended by Presidential Decree No. 21683, Aug. 13, 2009>
| Article 5 Deleted. <By Presidential Decree No. 25956, Dec. 31, 2014> |
| Article 6 (Preparation of Resident Registration Record Cards, etc.) |
| (1) | The resident registration record card for an individual resident under Article 7 of the Act shall be prepared in attached Form 1 hereof, while the resident registration record card for each household shall be prepared in attached Form 2 hereof. |
| (2) | A name on the resident registration record card for each household shall be recorded in order of the householder, his/her spouse, lineal ascendants and descendants, while those other than above-named household members shall be recorded in accordance with a report filed by the householder: Provided, That those who do not fall within the scope of a family under Article 779 of the Civil Act shall be recorded in the blanks for house-mates. |
| (3) | The log book for resident registration record cards by household under Article 7 of the Act shall be divided into the list of households in attached Form 3 hereof, the list of moving-out residents in attached Form 4 hereof, and the list of moving-in residents in attached Form 5 hereof. |
| Article 6-2 (Entry of Foreign Spouses, etc. in Resident Registration Record Cards by Household) |
| (1) | The head of a Si/Gun/Gu who has jurisdiction over the place of stay of any alien who has registered pursuant to Article 31 of the Immigration Act or any Korean with foreign nationality who has reported his/her place of residence in Korea pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter referred to as “alien, etc.”) may record and manage such alien, etc. using a resident registration record card by household pursuant to attached Form 2 if the alien, etc. meets all of the following requirements. In such cases, the order of recording the alien, etc. on the resident registration record card by household shall be in accordance with Article 6 (2): |
| 2. | The alien, etc. shall fall under any of the followings: |
| (a) | The spouse of the householder; |
| (b) | A lineal blood relative of the householder; |
| (c) | The spouse of a household member (limited to a family member of the householder pursuant to Article 779 of the Civil Act; hereafter in this Article the same shall apply); |
| (d) | A lineal blood relative of a household member. |
| (2) | The head of a Si/Gun/Gu shall record an alien, etc. on a resident registration record card by household pursuant to paragraph (1), subject to application by any of the following persons: |
| 2. | The head of a household to which the alien, etc. will belong; |
| 3. | A member of a household to which the alien, etc. will belong. |
| (3) | Upon receipt of an application pursuant to paragraph (2), the head of the Si/Gun/Gu shall record the relevant alien, etc. on a resident registration record card by household after verifying the following particulars: |
| 1. | Alien registration records (including the records of reporting on the domestic place of residence; hereinafter the same shall apply) of the alien, etc.; |
| 2. | Facts of residence in the place of stay; |
| 3. | Records of familial relationship; |
| 4. | Other matters prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | If necessary for verifying the particulars prescribed in paragraph (3), the head of a Si/Gun/Gu may request the head of a relevant agency to provide alien registration records and family relationship records, with the consent of the relevant alien, etc.: Provided, That when the alien, etc. does not give such consent, he/she shall have the alien, etc. submit said records. |
| (5) | Where an alien, etc. recorded on a resident registration record card by household pursuant to paragraph (1) (hereafter in this Article referred to as “alien, etc. recorded on a resident registration record card by household”) changes his/her place of stay, he/she shall re-file an application pursuant to paragraph (2) with the head of the Si/Gun/Gu having jurisdiction over the new place of stay: Provided, That where all the following requirements are satisfied, the head of the Si/Gun/Gu having jurisdiction over the new place of stay may record the alien, etc. on a resident registration record card by household, irrespective of whether the application pursuant to paragraph (2) is filed: |
| 2. | All the members of the household to which the alien, etc. recorded on a resident registration record card by household belonged, have filed a moving-in report pursuant to Article 16 (1) of the Act into the same place of domicile as the place of moving-in report or of report on the change of the domestic place of residence pursuant to subparagraph 1, together with the moving-in report or the report on the change of the domestic place of residence pursuant to subparagraph 1. |
| (6) | If any error is discovered in the details of an alien, etc. recorded on a resident registration record card by household or it is necessary to modify such details due to any of the following grounds, the head of the Si/Gun/Gu may correct or modify the details, either upon receipt of a request from the alien, etc. or ex officio: |
| 1. | Where it is found that the name, alien registration number or domestic residence report number of the alien, etc. has been changed; |
| 2. | Where it is found that the family relationship between the head or a member of the household and the alien, etc. has been changed due to a divorce or any other ground (excluding where the relevant entry must be deleted pursuant to paragraph (7)); |
| 3. | Where it is required to modify the details of the alien, etc. recorded on the resident registration record card by household, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (7) | If an alien, etc. recorded on a resident registration record card by household falls under any of the following subparagraphs, the head of the Si/Gun/Gu shall delete the details of the alien, etc. entered on the resident registration record card by household: |
| 1. | Where the alien, etc. has applied for such deletion; |
| 2. | Where the notice has been received pursuant to paragraph (9); |
| 3. | Where it is found through a factual investigation that the requirements falling under paragraph (1) have not been satisfied; |
| 4. | Where it is required to delete the alien, etc. from the resident registration record card by household, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (8) | The head of a Si/Gun/Gu, if he/she records the details of an alien, etc. on a resident registration record card by household pursuant to paragraphs (1) and (5) through (7) or corrects, modifies or deletes such details, shall give notice thereof to the head of the local immigration office or alien registration office having jurisdiction over the place of stay of the alien, etc. |
| (9) | If, regarding an alien, etc. recorded on a resident registration record card by household, his/her alien registration records are erased, the domestic residence report register is adjusted, or the alien, etc. can not stay in the country due to the revocation or change of his/her residence permit in accordance with the Immigration Act, the Act on the Immigration and Legal Status of Overseas Koreans, or any other Act, the head of the local immigration office or alien registration office shall, upon receipt of the notice pursuant to paragraph (8), promptly give notice to the head of the Si/Gun/Gu notified pursuant to paragraph (8) of such fact. |
| (10) | Other than those provided for in paragraphs (1) through (9), matters necessary for the procedures and methods for applying for preparation of resident registration record cards by household for aliens, etc., the correction, modification, deletion, and notification of the details of resident registration record cards by household, and the preparation and management of resident registration record cards by household for aliens, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted by Presidential Decree No. 28299, Sep. 19, 2017]
| Article 7 (Resident Registration Numbers) |
| (1) | Before allocating a resident registration number pursuant to Article 7-2 (1) of the Act, the head of a Si/Gun/Gu shall ensure that the reference domicile of a relevant resident is verified. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (2) | Whenever the head of a Si/Gun/Gu allocates a resident registration number pursuant to Article 7-2 (1) of the Act, he/she shall record the number in the register of resident registration numbers in the attached Form 6. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (3) | Allocating resident registration numbers pursuant to Article 7-2 (1) of the Act may be processed through the computation system. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (4) | Matters necessary for allocating resident registration numbers shall be determined 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, Jul. 26, 2017> |
| Article 8 (Correction of Resident Registration Numbers) |
| (1) | Any request for correction of a resident registration number prescribed in Article 7-3 (1) of the Act shall be made in the attached Form 7. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (2) | A notice of the details of correction prescribed in the main sentence of Article 7-3 (2) of the Act and a notice of grounds for return prescribed in the proviso to the same paragraph shall each be made in the attached Form 8. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (3) | Upon receipt of a notice prescribed in the main sentence of Article 7-3 (2) of the Act from the head of a Si/Gun/Gu who has allocated a resident registration number (hereinafter referred to as “head of a Si/Gun/Gu having jurisdiction over the place where the number has been allocated”), the head of a Si/Gun/Gu having jurisdiction over the registered domicile of a resident (hereinafter referred to as “head of a Si/Gun/Gu having jurisdiction over a resident’s registered domicile”) shall correct the resident registration record card for the relevant resident and household (hereinafter referred to as “resident registration record card”) in accordance with a notice of correction; and upon receipt of a notice to the effect that no allocation of resident registration number is ascertained pursuant to the proviso to the same paragraph, he/she may allocate a new resident registration number and correct a resident registration record card within his/her discretion pursuant to Article 7-2 (1) of the Act. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (4) | If a person, whose resident registration number is corrected in accordance with paragraph (3) or to whom a notice of determination on change of the resident registration number is given in accordance with Article 7-4 (3) of the Act, holds a resident registration certificate already issued, the head of a Si/Gun/Gu having jurisdiction over the resident’s registered domicile shall retrieve the old resident registration certificate and re-issue a new resident registration certificate. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| Article 9 (Entries in Resident Registration Record Cards, etc.) |
| (1) | Entries in resident registration record cards and other documents pertaining to resident registration shall be made in Korean and Arabic numerals: Provided, That, if necessary, entries therein may be made in the same wording as that recorded in the family relation register and foreign scripts; and if an alien, etc. is to be recorded on a resident registration record card by household pursuant to Article 6-2, the English name of the alien, etc. on the alien registration card or domestic residence report card shall be recorded on the section of name, and the alien registration number or domestic residence report number of the alien, etc. on the column of resident registration numbers. <Amended by Presidential Decree No. 28299, Sep. 19, 2017> |
| (2) | Where any entry in a resident registration record card or any other document pertaining to resident registration is corrected, deleted, inserted or changed, the former entry shall not be removed, and the grounds for and the date of such correction, deletion, insertion or change and the name of a public official in charge shall be recorded therein. <Amended by Presidential Decree No. 28020, May 8, 2017> |
| (4) | Notwithstanding paragraph (3), where a road name address prescribed in the Road Name Address Act can not be used, it shall be recorded in order of the Special Metropolitan City/Metropolitan City/Do/Special Self-Governing Province, Si/Gun or autonomous Gu (referring to a Gu other than an autonomous Gu), Eup/Myeon/Dong (referring to a statutory Dong) or Ri (referring to a statutory Ri), and the lot number. In such cases, for each collective housing prescribed in the Housing Act, the lot number shall be followed by the name of the collective housing, the building number, and the unit number as registered on a building ledger, etc. <Newly Inserted by Presidential Decree No. 21683, Aug. 13, 2009> |
| (5) | In the case of a multi-unit house prescribed in subparagraph 1 (c) of attached Table 1 of the Enforcement Decree of the Building Act or a quasi dwelling prescribed in Article 4 of the Enforcement Decree of the Housing Act, the name and number of a building, and the number of a house may be recorded in parenthesis at the end of the address provided for in paragraphs (3) and (4), if requested by the principal. <Newly Inserted by Presidential Decree No. 23102, Aug. 29, 2011; Presidential Decree No. 27444, Aug. 11, 2016> |
| (6) | Matters recorded pursuant to paragraph (5) may be furnished only as electronic data if any of the following subparagraphs applies: <Amended by Presidential Decree No. 26663, Nov. 26, 2015> |
| 1. | Where the State or a local government needs them for the delivery of official documents, etc.; |
| (7) | Matters recorded pursuant to paragraph (5) shall be neither deemed constituents of an address in respect of public law nor shall be recorded in the certified copy or abstract of resident registration record cards (hereinafter referred to as "certified copy or abstract"). <Newly Inserted by Presidential Decree No. 23102, Aug. 29, 2011> |
| Article 10 (Management and Preservation of Resident Registration Record Cards, etc.) |
The resident registration record cards and the log books for resident registration record cards for each household prescribed in Article 7 (1) and (4) of the Act shall be recorded, managed, and preserved in files by means of a magnetic tape or magnetic disk or by any other similar means, and the methods for management and preservation shall be as follows: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23383, Dec 21, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | In preparation for loss or damage of resident registration record cards and log books for resident registration record cards for each household, input data and programs thereof shall be stored in another memory medium separately and stored safely in an isolated place; |
| 2. | The head of each agency responsible for the management of resident registration record cards and log books for resident registration record cards for each household shall, when he/she discovers any malfunction in the computation system, inspect the status of maintenance of resident registration record cards and log books for resident registration record cards for each household and shall restore damaged resident registration record cards and log books for resident registration record cards for each household, if any, to their original status as before they were damaged; |
| 3. | Whenever any resident registration record card for each household or log book for resident registration record cards is prepared, modified, or destroyed, such preparation, modification, or destruction shall be recorded in a separate file list and the preservation or destruction thereof shall be performed in compliance with the methods provided for in the Public Records Management Act and the Enforcement Decree of the aforesaid Act; |
| 4. | Matters necessary for the input, output, edition, and search of resident registration record cards and log books for resident registration record cards for each household and other matters necessary for processing and managing resident registration shall be determined by the Minister of the Interior and Safety. |
| Article 11 (Computerization, Preservation, and Management of Images of Handwritten Resident Registration Record Cards) |
| (1) | Handwritten resident registration record cards shall be computerized by converting their current appearance into images without altering entries therein, and matters necessary for such processing shall be determined 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, Jul. 26, 2017> |
| (2) | The methods for preserving and managing handwritten resident registration record cards shall be determined 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, Jul. 26, 2017> |
| Article 12 (Processing of Resident Registration for Resident Registration Record Card Images) |
| (1) | Computerized images of resident registration record cards prescribed in Article 11 (1) (hereinafter referred to as "resident registration record card images") shall be deemed handwritten resident registration record cards from the time when the Minister of the Interior and Safety approves them. <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, Jul. 26, 2017> |
| (2) | The head of a Si/Gun/Gu may handle administrative affairs for resident registration related to resident registration record card images through the electronic information center for resident registration, but further details thereof shall be determined 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, Jul. 26, 2017> |
| Article 12-2 (Persons Eligible to Apply for Change of Resident Registration Numbers) |
“Persons equivalent to those provided for in subparagraphs 1 through 3, as prescribed by Presidential Decree” in Article 7-4 (1) 4 of the Act means those who suffer or are likely to suffer any danger or injury to their safety or health or damage to their property due to divulgence of their resident registration numbers, falling under any of the following: [This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-3 (Application for Change of Resident Registration Numbers) |
| (1) | A person who applies for change of his/her resident registration number prescribed in Article 7-4 (1) of the Act (hereinafter referred to as “applicant for change”) shall submit to the head of a Si/Gun/Gu having jurisdiction over his/her registered domicile an application for change of a resident registration number (hereinafter referred to as “application for change of a resident registration number”), stating the following information: |
| 1. | The name and resident registration number of the applicant for change; |
| 2. | The address and telephone number of the applicant for change; |
| 3. | The grounds for applying for the change of a resident registration number, such as the details of any danger or injury to safety or health or damage to property that the applicant for change suffers or is likely to suffer due to divulgence of the resident registration number. |
| (2) | An applicant for change shall attach to an application for change of a resident registration number any materials showing that the resident registration number of the applicant for change is divulged, as follows: |
| 4. | If the applicant for change becomes aware that his/her resident registration number has been divulged through any website, newspaper, broadcasting, bulletin board, or other medium, the data posted on the website, etc.; |
| 5. | Other materials showing that the resident registration number of the applicant for change has been divulged. |
| (3) | An applicant for change shall attach to an application for change of resident registration number any materials showing that he/she suffers or is likely to suffer any danger or injury to his/her safety or health or damage to his/her property due to divulgence of his/her resident registration number, as follows: |
| 1. | Where he/she suffers or is likely to suffer any danger or injury to his/her safety or health due to divulgence of his/her resident registration number: Any of the following materials: |
| (c) | Other materials showing that he/she suffers or is likely to suffer any danger or injury to his/her safety or health due to divulgence of his/her resident registration number; |
| 2. | Where he/she suffers or is likely to suffer damage to his/her property due to divulgence of his/her resident registration number: Materials showing such fact, such as details of financial transactions. |
| (4) | Where an applicant for change submits an application for change of resident registration number to the head of a Si/Gun/Gu, other than the one having jurisdiction over his/her registered domicile, the head of the Si/Gun/Gu shall promptly transfer the application for change of resident registration number to the head of the Si/Gun/Gu having jurisdiction over the applicant’s registered domicile, and then notify the applicant for change of such fact. |
| (5) | Upon receipt of an application for change of a resident registration number submitted pursuant to paragraph (1) or transferred pursuant to paragraph (4), the head of the Si/Gun/Gu having jurisdiction over the resident’s registered domicile shall request the Committee for Change of Resident Registration Numbers (hereinafter referred to as the “Change Committee”) pursuant to Article 7-5 of the Act to determine whether it will change the resident registration number of the applicant for change (hereinafter referred to as “request for change”), and then promptly notify the applicant for change of such request for change, within 10 days from the date when an application is received. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-4 (Designation of Agents) |
| (1) | When filing an application for change of a resident registration number or an objection pursuant to Article 7-4 (1) or (4) of the Act, the applicant for change may designate any of the following persons, other than his/her legal representative, as his/her agent: |
| 1. | The spouse, a lineal ascendant or descendant, or a sibling of the applicant for change; |
| 2. | A person qualified to file an application for change of a resident registration number or an objection on behalf of the applicant for change under any other Act. |
| (2) | Upon designation of a person falling under any of the subparagraphs of paragraph (1) as an agent or upon replacement or dismissal of such agent, the applicant for change shall promptly notify the head of the Si/Gun/Gu having jurisdiction over his/her registered domicile of such fact, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Upon receipt of a notice prescribed in paragraph (2), the head of the Si/Gun/Gu shall promptly notify the Change Committee of such fact: Provided, That when a request for change has yet to be filed with the Change Committee, such notification shall be made at the same time as the request for change is filed. |
| (4) | An applicant for change may withdraw an application for change of a resident registration number or an objection by the time the Change Committee determines whether it will change the resident registration number or accept the objection. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-5 (Requests for Supplementation) |
If it is deemed that an application for change of a resident registration number is incomplete, or supporting evidence is insufficient to prove the divulgence of a resident registration number or the fact that danger arises or injury or damage occurs, the Change Committee may request the applicant for change to supplement the application or supporting evidence, specifying a reasonable period of time, within 14 days from the date when a request for change is made.
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-6 (Measures to be Taken by Heads of Sis/Guns/Gus Following Change of Resident Registration Numbers) |
Upon receipt of a notice of determination on changing a resident registration number prescribed in Article 7-4 (3) of the Act, the head of a Si/Gun/Gu having jurisdiction over the resident’s registered domicile shall take the following measures, subject to notification of such determination to the applicant for change: | 1. | Notifying the head of the Si/Gu/Eup/Myeon having jurisdiction over the reference domicile of the applicant for change of the changed resident registration number if his/her registered domicile is different from his/her reference domicile (referring to the place of reporting if the reference domicile is different from the place for reporting under Article 4 of the Act on the Registration, etc. of Family Relationships; hereafter in this subparagraph the same shall apply); and notifying the head of the Si/Gun/Gu having jurisdiction over the place where his/her number has been allocated, of the changed resident registration number if his/her registered domicile is different from the place where his/her number has been allocated; |
| 2. | Modifying the resident registration record card of the applicant for change. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-7 (Objections to Change Committee’s Determinations) |
| (1) | Any applicant for change who intends to raise an objection pursuant to Article 7-4 (4) of the Act shall submit a written objection to the head of the Si/Gun/Gu having jurisdiction over his/her registered domicile, along with materials supporting the points of his/her argument and relevant facts. |
| (2) | The head of a Si/Gun/Gu having jurisdiction over a resident’s registered domicile shall send a written objection to the Change Committee and promptly notify the applicant for change thereof, within 10 days from the date when a written objection prescribed in paragraph (1) is received. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-8 (Notification of Postponement of Determinations on Changes) |
The Change Committee shall, if it extends a period of an examination and resolution pursuant to the proviso to Article 7-5 (3) of the Act, notify the applicant for change and the head of the Si/Gun/Gu having jurisdiction over his/her registered domicile of the grounds for such postponement and the scheduled period of processing. [This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-9 (Grounds for Refusal of Requests for Change) |
| 1. | Where an applicant for change (including his/her agent) engages in any of the following: |
| (a) | Where he/she has repeatedly filed an application for change of his/her resident registration number for the same reason without good cause; |
| (b) | Where any material submitted by him/her is obviously false; |
| (c) | Where he/she fails to comply with the Change Committee’s request for supplementation without good cause within a period fixed under Article 12-5; |
| 2. | Where an applicant for change dies before the Change Committee renders the relevant decision; |
| 3. | Where an application for change of a resident registration number filed by an applicant for change is found illegal. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-10 (Fact-Finding Surveys) |
“Inquiring into criminal records or credit information or conducting fact-finding as prescribed by Presidential Decree” in Article 7-5 (9) 1 of the Act means fact-finding surveys as follows: | 2. | Inquiring into arrears of national taxes, customs duties or local taxes; |
| 5. | Requesting financial information, credit information or insurance information of an applicant for change from any of the following institutions: |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-11 (Organization, Operation, etc. of Change Committee) |
| (1) | The Minister of the Interior and Safety shall appoint the following persons as members of the Change Committee prescribed in Article 7-5 (6) 1 of the Act: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Members of the Senior Executive Service or other equivalent public officials in the Ministry of the Interior and Safety, the Ministry of Gender Equality and Family, or the National Police Agency, who are designated by the head of the relevant agency; |
| (2) | The chairperson of the Change Committee (hereinafter referred to as the “chairperson”) shall represent the Change Committee and exercise general control over the affairs thereof. |
| (3) | If the chairperson is unable to perform his/her duties due to any extenuating circumstances, the standing member shall act on behalf of the chairperson, and if both the chairperson and the standing member are unable to perform their duties due to any extenuating circumstances, the member designated in advance by the chairperson shall act on behalf of the chairperson. |
| (4) | Allowances, etc. may be paid within the budgetary limits to any member of the Change Committee who attends a meeting thereof or to any person who provides advice for the Change Committee: Provided, That this shall not apply where a public official attends such meeting or provides advice in direct connection with his/her duties. |
| (5) | Where deemed necessary for performing its functions, the Change Committee may request relevant central administrative agencies, local governments, public institutions pursuant to Article 4 of the Act on the Management of Public Institutions, and institutions related to fact-finding surveys pursuant to the subparagraphs of Article 12-10 to dispatch public officials or employees under their jurisdiction. |
| (6) | Matters necessary for operating the Change Committee, other than those provided for in Article 7-5 of the Act and this Decree, shall be determined by the chairperson, subject to resolution by the Committee. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-12 (Disqualification of, Challenge to, and Refrainment by, Members) |
| (1) | If a member of the Change Committee falls under any of the following subparagraphs, he/she shall be disqualified from examining and resolving on the relevant request for change: |
| 1. | Where the member or his/her spouse or ex-spouse is a party to the relevant request for change or has an interest therein; |
| 2. | Where the member is or was in a familial relation with a party to the relevant request for change; |
| 3. | Where the member has rendered expert testimony, appraisal, or legal advice for a party to the relevant request for change; |
| 4. | Where the member is or was involved as an agent of a party to the relevant request for change. |
| (2) | If an applicant for change finds it impracticable to expect a fair examination and resolution from a member, he/she may file an application with the Change Committee for challenging the member, specifying the grounds therefor. |
| (3) | Upon receipt of an application for challenge prescribed in paragraph (2), the Change Committee shall determine by resolution whether or not to accept challenge to the member. In such cases, the member against whom the application for challenge is filed may not participate in the resolution. |
| (4) | If a member is subject to any grounds provided for in paragraph (1) or (2), he/she may refrain from examining and resolving on the relevant request for change, subject to the chairperson’s permission. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-13 (Dismissal or Decommission of Members) |
The Minister of the Interior and Safety may dismiss or decommission a member of the Change Committee if he/she falls under any of the following: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | Where he/she becomes unable to perform his/her duties due to any mental or physical impairment; |
| 2. | Where he/she commits any misconduct in relation to his/her duties; |
| 3. | Where he/she is deemed unfit to serve as a member on grounds of neglect of a duty, loss of dignity and such like; |
| 4. | Where he/she voluntarily manifests his/her unfitness to exercise the duties of his/her office; |
| 5. | Where he/she fails to refrain from examining and resolving on the relevant request for change though he/she falls under any of the subparagraphs of Article 12-12 (1). |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 12-14 (Meetings Not Open to Public) |
None of the following details shall be open to the public to ensure fairness in the Change Committee’s examination and resolution and to protect an applicant for change:
| 1. | Documents (including electronically recorded documents) containing statements made by members at meetings of the Change Committee; |
| 2. | A list of members of the Change Committee; |
| 3. | Other resolutions made by the Change Committee, the disclosure of which might either impair fairness in the Change Committee’s examination and resolution or undermine the protection of the applicant for change. |
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 13 (Reporting, etc. on Deletion) |
| (1) | A report on deletion or registration of unknown domicile prescribed in Article 8 of the Act shall be prepared in attached Form 9 for an inhabitant or in attached Form 9-2 for a Korean national residing abroad. <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 25956, Dec. 31, 2014> |
| (2) | Upon receipt of a report on deletion of resident registration or registration of unknown domicile under paragraph (1), the head of each Si/Gun/Gu shall promptly make adjustment to the relevant registration record cards. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| Article 14 (Resident Registration Report Forms) |
| (1) | A resident registration report prescribed in Article 10 (1) of the Act shall be made in attached Form 10 hereof. <Amended by Presidential Decree No. 25956, Dec. 31, 2014> |
| (2) | Where a Korean national residing abroad provided for in Article 6 (1) 3 (b) of the Act makes a resident registration report prescribed in Article 10-2 (1) of the Act, he/she shall do so in attached Form 10-2 hereof. In such cases, he/she shall submit the report, along with a certified copy of the register of a Korean national residing abroad or a copy of the certificate of reporting of emigration showing that he/she is a Korean national residing abroad. <Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28473, Dec. 19, 2017> |
| Article 15 (Follow-up Verification of Reported Facts, etc.) |
| (1) | Upon receipt of a resident registration report prescribed in Article 10 (1) of the Act, a resident registration report of a Korean national residing abroad prescribed in Article 10-2 (1) of the Act, a report on overseas stay prescribed in Article 10-3 (1) of the Act, or a move-in report prescribed in Article 16 (1) of the Act, the head of a Si/Gun/Gu shall print out the data for follow-up verification, including reported facts, by the computation system and send it to the head of a relevant Ri (referring to the head of a Tong, if the relevant precinct is a Dong; hereinafter the same shall apply) within 15 days from the date such report is filed. <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28445, Nov. 28, 2017> |
| (2) | The head of a Ri shall verify whether the reported facts are true within 15 days from the date when he/she receives the data for follow-up verification prescribed in paragraph (1) and shall notify the head of the relevant Si/Gun/Gu of the results thereof; and upon receipt of the notice, the head of the relevant Si/Gun/Gu shall require the public official in charge to sign or affix his/her seal on the data for follow-up verification. |
| (3) | Notwithstanding paragraphs (1) and (2), where a person obligated to make a report files a move-in report prescribed in Article 16 (1) of the Act, the head of a Si/Gun/Gu may omit the follow-up verification of reported facts, if the person had a confirmation date verified by the office of an Eup/Myeon/Dong or a branch office on his/her lease agreement pursuant to Article 3-2 of the Housing Lease Protection Act. |
| (4) | Matters necessary for the data for follow-up verification prescribed in paragraph (1), the methods of verifying such data and other relevant matters shall be determined 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, Jul. 26, 2017> |
| Article 16 (Issuance of Receipts) |
Where the head of a Si/Gun/Gu accepts a resident registration report, a resident registration report of a Korean national residing abroad, a report on overseas stay, a move-in report, an emigration report, or a re-registration report prescribed in Article 10 (1), 10-2 (1), 10-3 (1), 16, or 19 of the Act or Article 32 of this Decree, he/she shall issue a receipt to the person who filed the report at his/her request. <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28445, Nov. 28, 2017>
| Article 17 (Reporting on Overseas Stay) |
| (1) | Any person who intends to make a report on overseas stay in accordance with Article 10-3 (1) of the Act (hereinafter referred to as “report on overseas stay”) shall file a report on overseas stay pursuant to attached Form 10-3 with the head of the competent Si/Gun/Gu under Article 10-3 (2) of the Act, along with any of the following documents showing the fact of overseas stay. In such cases, a person who intends to make a report on overseas stay pursuant to the main sentence of Article 10-3 (1) of the Act shall submit a report on overseas stay pursuant to attached Form 10-3, signed or sealed by the head of the household to which he/she will belong after leaving the Republic of Korea: |
| 1. | A copy of the visa issued by a foreign country where he/she will stay; |
| 2. | A letter of acceptance or a certificate of enrollment issued by a foreign educational institution; |
| 3. | A travel order issued by his/her affiliated institution or a training plan issued by the institution in charge of training; |
| 4. | A history of purchasing international airline tickets or international ferry tickets; |
| 5. | Other documents showing the fact of overseas stay. |
| (2) | If a person who intends to leave the Republic of Korea is unable to directly make a report on overseas stay, it may be filed by any of the followings: |
| 1. | The head of a household whereto he/she currently belongs; |
| 2. | Any of those listed in the following to whom his/her authority is delegated: |
| (b) | His/her lineal blood relative; |
| (c) | A lineal blood relative of his/her spouse; |
| (d) | The spouse of his/her lineal blood relative; |
| (e) | The head of a household whereto he/she will belong after leaving the Republic of Korea. |
| (3) | Any person who intends to file a report with the authority delegated by the person leaving the Republic of Korea in accordance with paragraph (2) 2, shall submit a report on overseas stay pursuant to attached Form 10-3, signed or sealed by the person leaving the Republic of Korea, along with the resident registration certificate, passport, driver's license, or any other identification certificate (hereinafter referred to as “identification certificate”) of the person leaving the Republic of Korea, as prescribed by the Minister of the Interior and Safety. In such cases, a public official in receipt of the report on overseas stay shall verify whether a person who seeks to make the report falls under any of the subparagraphs of paragraph (2) with a certificate of his/her archived family relation register or records of familial relationship. |
| (4) | Upon receipt of a report on overseas stay pursuant to the main sentence of Article 10-3 (1) of the Act, the head of the Si/Gun/Gu shall promptly give notice of the fact reported pursuant to paragraph (1) to the head of a Si/Gun/Gu having jurisdiction over the domicile of the person leaving the Republic of Korea as at the time such report is filed; and the head of the Si/Gun/Gu in receipt of such notice shall enter the words “overseas stay reported” in the resident registration record card of the person leaving the Republic of Korea, specifying the date of reporting and the name of the public official in charge. |
| (5) | Upon receipt of a report on overseas stay pursuant to the proviso to Article 10-3 (1) of the Act, the head of the Si/Gun/Gu shall enter the words “overseas stay reported” in the resident registration record card of the person leaving the Republic of Korea, specifying the date of reporting and the name of the public official in charge. |
| (6) | The head of a Si/Gun/Gu shall notify the Minister of the Interior and Safety, on a daily basis, of a list of those described as “overseas stay reported” in the resident registration record cards under paragraphs (4) and (5) (hereinafter referred to as “reporters on overseas stay”); and the Minister of the Interior and Safety shall, in turn, notify the Minister of Justice thereof on a daily basis. |
| (7) | The Minister of Justice shall notify the Minister of the Interior and Safety, on a daily basis, of a list of reporters on overseas stay who have left the Republic of Korea (hereinafter referred to as “Korean nationals staying abroad”), if any; and the Minister of the Interior and Safety shall, in turn, notify the heads of relevant Sis/Guns/Gus thereof on a daily basis. |
| (8) | Other matters necessary for reporting on overseas stay shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted by Presidential Decree No. 28445, Nov. 28, 2017]
| Article 17-2 (Withdrawal of Reports on Overseas Stay) |
| (1) | A reporter on overseas stay, if the length of his/her overseas stay is no longer than 90 days due to any change in circumstances, may withdraw his/her report on overseas stay. |
| (2) | A person who intends to withdraw a report on overseas stay pursuant to paragraph (1) shall file an application therefor with the head of a Si/Gun/Gu having jurisdiction over his/her domicile as at the time of withdrawal, using a written withdrawal of a report on overseas stay pursuant to attached Form 10-3; and Article 17 (2) and (3) shall apply mutatis mutandis to the delegation of authority for such application and the verification thereof. In such cases, “person who intends to leave the Republic of Korea” shall be construed as a “person who intends to withdraw a report on overseas stay”, and a “report on overseas stay” as an “application for withdrawal of a report on overseas stay." |
| (3) | Upon receipt of an application for withdrawal of a report on overseas stay under paragraph (2) from the reporter on overseas stay, the head of the Si/Gun/Gu shall enter the words “report on overseas stay withdrawn” in the resident registration record card of the reporter on overseas stay, specifying the date of withdrawal and the name of the public official in charge. |
| (4) | Other matters necessary for the withdrawal of reports on overseas stay shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted by Presidential Decree No. 28445, Nov. 28, 2017]
| Article 17-3 (Management of Resident Registration Record Cards after Departure of Reporters on Overseas Stay) |
| (1) | If the head of a Si/Gun/Gu who has entered the words “overseas stay reported” pursuant to Article 17 (4) is notified of a list of Korean nationals staying abroad under paragraph (7) of the same Article, he/she shall promptly transfer the resident registration record card of each such Korean national and relevant public records to the head of a Si/Gun/Gu having jurisdiction over the domicile of a household whereto such Korean national will belong after leaving the Republic of Korea, who shall in turn enter the words “overseas stay” in the resident registration record card of such Korean national and record as the Korean national’s address the domicile of the household whereto such Korean national will belong after leaving the Republic of Korea, specifying the date of departure and the name of the public official in charge. |
| (2) | If the head of a Si/Gun/Gu who has entered the words “overseas stay reported” pursuant to Article 17 (5) is notified of a list of Korean nationals staying abroad under paragraph (7) of the same Article, he/she shall enter the words “overseas stay” in the resident registration record card of each such Korean national and change such Korean national’s address to the administratively managed address under the proviso to Article 10-3 (1) of the Act, specifying the date of departure and the name of the public official in charge. |
| (3) | If the domestic address of a Korean national staying abroad is changed based on his/her report on overseas stay, the reference date for change of the address shall be the day after his/her departure. |
| (4) | If a reporter on overseas stay is not described as “overseas stay” in the resident registration record card due to his/her failure to leave the Republic of Korea by the end of one year after the date of filing the report on overseas stay, the head of the Si/Gun/Gu shall adjust the resident registration record card of the reporter on overseas stay after verifying the records of his/her entry into and departure from the Republic of Korea pursuant to Article 19-2 (1) of the Act. |
| (5) | Other details necessary for managing the resident registration record cards of reporters on overseas stay after their departure from the Republic of Korea shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted by Presidential Decree No. 28445, Nov. 28, 2017]
| Article 17-4 (Reports on Homecoming by Korean Nationals Staying Abroad) |
| (1) | If a Korean national staying abroad intends to return home and reside at the address reported for overseas stay in accordance with the main sentence of Article 10-3 (1) of the Act for at least 30 days, he/she may file a report on homecoming of Korean national staying abroad in attached Form 10-4 with the head of a Si/Gun/Gu having jurisdiction over the address: Provided, That if he/she changes the address at which he/she will reside after returning home, he/she shall make a move-in report in accordance with Article 16 of the Act. |
| (2) | If a Korean national staying abroad who has filed a report on overseas stay in accordance with the proviso to Article 10-3 (1) of the Act intends to return home and reside for at least 30 days, he/she shall make a move-in report in accordance with Article 16 of the Act. |
| (3) | Notwithstanding Article 23 (1), a move-in report under the proviso to paragraph (1) and paragraph (2) shall be in accordance with attached Form 15-3. |
| (4) | Article 17 (2) (excluding subparagraph 2 (e) of the same paragraph) and (3) shall apply mutatis mutandis to the delegation of reporting of homecoming pursuant to paragraph (1) and the verification thereof. In such cases, “person who intends to leave the Republic of Korea” shall be construed as “person who has returned home.” |
| (5) | A person who intends to file a report on homecoming with authority delegated by a person who has returned home in accordance with paragraph (4) shall submit it with data showing the entry to the Republic of Korea of the person who has returned home, which may be substituted by verification of the factual records of his/her entry into or departure from the Republic of Korea through the use of shared administrative information prescribed in Article 36 (1) of the Electronic Government Act, subject to his/her consent. |
| (6) | Upon receipt of a report on homecoming or a move-in report pursuant to paragraphs (1) and (2), the head of the Si/Gun/Gu shall ascertain whether or not the Korean national staying abroad has returned to the Republic of Korea, and if so, change “overseas stay” entered in the resident registration record card as provided for in each of the following subparagraphs, specifying the date of filing the report and the name of the public official in charge: |
| 1. | For a report on homecoming pursuant to the main sentence of paragraph (1): Homecoming after overseas stay reported; |
| 2. | For a move-in report pursuant to the proviso to paragraph (1) and paragraph (2): Move-in after overseas stay reported. |
[This Article Newly Inserted by Presidential Decree No. 28445, Nov. 28, 2017]
| Article 18 (Reporting in Person, etc.) |
| (1) | Any person who intends to file a report in person in accordance with the proviso to Article 11 (1) of the Act or the proviso to Article 12 of the Act shall have verification of the relevant householder, the person responsible for the management of the dormitory, or the custodian of the relevant household: Provided, That if it is impracticable to obtain verification of the householder, the person responsible for the management of the dormitory, or the custodian of the relevant household, such verification may be substituted by factual investigation by the head of the competent Eup/Myeon/Dong or branch office. <Amended by Presidential Decree No. 25956, Dec. 31, 2014> |
| (2) | Any person who intends to file a report in person or upon delegation by the principal in accordance with the main sentence or subparagraph 2 of Article 11 (2) of the Act, shall have verification of the relevant householder: Provided, That if it is impracticable to obtain verification of the relevant household, such verification may be substituted by factual investigation by the head of the competent Eup/Myeon/Dong or branch office. <Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014> |
| Article 19 (Reporting upon Delegation) |
| (1) | Any person who intends to file a report with the authority delegated by a householder or Korean national residing abroad in accordance with the proviso to Article 11 (1) or proviso to Article 11 (2) of the Act shall submit a report signed by the householder or Korean national residing abroad or a report on which he/she affixed his/her seal, and shall display the identification certificate of the householder or Korean national residing abroad. In such cases, a person who files a report with the authority delegated by a Korean national residing abroad shall submit it with data showing the entry of the Korean national residing abroad into the Republic of Korea, which may be substituted by verification of the factual records of his/her entry into or departure from the Republic of Korea through the use of shared administrative information prescribed in Article 36 (1) of the Electronic Government Act, subject to his/her consent. <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. 25956, Dec. 31, 2014; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 28445, Nov. 28, 2017> |
| (2) | A public official, in receipt of a report made under paragraph (1), shall verify whether a person who has filed the report falls under any of the following subparagraphs with his/her identification certificate and certificate of archived family relation registers or records of familial relationship, if he/she has filed the report with the authority delegated by the householder prescribed in Article 11 (1) 3 of the Act: <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 25956, Dec. 31, 2014> |
| 1. | A householder's spouse; |
| 2. | A householder's lineal blood relative; |
| 3. | A lineal blood relative of the householder's spouse; |
| 4. | The spouse of the householder's lineal blood relative. |
| (3) | A public official, in receipt of a report prescribed in paragraph (1), shall verify whether the person who has filed the report falls under any of the following subparagraphs with his/her identification certificate and certificate of archived family relation registers or records of familial relationship, if he/she has filed the report with the authority delegated by the Korean national residing abroad pursuant to Article 11 (2) 2 of the Act: <Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014> |
| 1. | The spouse of the Korean national residing abroad; |
| 2. | A lineal blood relative of the Korean national residing abroad; |
| 3. | A lineal blood relative of the spouse of the Korean national residing abroad; |
| 4. | The spouse of a lineal blood relative of the Korean national residing abroad. |
| Article 20 (Corrective Reports, etc.) |
| (1) | A corrective report prescribed in Article 13 of the Act shall be prepared in attached Form 9 for an inhabitant or in attached Form 9-2 for a Korean national residing abroad. <Amended by Presidential Decree No. 25956, Dec. 31, 2014> |
| (2) | Upon receipt of a corrective report prescribed in paragraph (1), the head of each Si/Gun/Gu shall send an inquiry immediately to the head of a Si/Gun/Gu having jurisdiction over the former domicile or the head of a Si (referring to a Si with no Gu built therein) or Gu (including a non-autonomous Gu) or the head of an Eup/Myeon having jurisdiction over the reference domicile (hereinafter referred to as the "head of a Si/Gu or an Eup/Myeon having jurisdiction over the reference domicile") on the reported facts to verify as to whether they are true, and make a correction according to the results of the inquiry: Provided, That if a certificate issued by an agency having authority to verify the corrected facts is submitted, a correction can be made according to the certificate without having to send an inquiry to the competent agency. |
| Article 21 (Adjustment of Resident Registration Record Cards according to Reports on Registration of Family Relationship, etc.) |
| (1) | Notice of a fact reported in accordance with Article 14 (3) of the Act shall be given in the attached Form 11: Provided, That the methods of giving notice via the computation system and a computerized information processing system prescribed in the Act on the Registration, etc. of Family Relationships shall be otherwise determined by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 23102, Aug. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 2. | Death or disappearance; |
| 3. | Alteration of a reference domicile; |
| 4. | Alteration of a name, date of birth, and/or gender. |
| Article 22 (Notification and Verification of Details of Resident Registration) |
| (1) | Pursuant to Article 15 (1) of the Act, the head of a Si/Gun/Gu having jurisdiction over the registered domicile of a resident shall notify the head of the Si/Gu/Eup/Myeon having jurisdiction over the relevant reference registration place (referring to the place of reporting where the reference domicile is different from the place for reporting under Article 4 of the Act on the Registration, etc. of Family Relationships) of the name, date of birth, and resident registration number of the relevant resident, along with facts corrected or deleted regarding the resident in attached Form 12. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| (2) | The head of a Si/Gu/Eup/Myeon in receipt of notice under paragraph (1), shall verify facts notified by comparing them with the relevant family relations register within three days from the date the notice is delivered, and shall notify the head of a Si/Gun/Gu having jurisdiction over the registered domicile of a resident of any discrepancy in attached Form 13. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| (3) | The head of a Si/Gu or the head of an Eup/Myeon in receipt of notice under paragraph (1), shall enter the progress of receipt and disposition of the notice under paragraph (1) in the register of receipt and disposition of notice of the reference domicile in attached Form 14. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| (4) | When the head of a Si/Gun/Gu having jurisdiction over the relevant registered domicile of a resident amends the resident registration record card according to the notice issued pursuant to paragraph (2), he/she shall record the reasons for and date of such amendment and the name of the public official in charge. |
| Article 23 (Move-in Reports) |
| (1) | A move-in report prescribed in Article 16 (1) of the Act shall be prepared in attached Form 15 or 15-2 for an inhabitant depending on whether all of his/her household members relocate to a new domicile or in attached Form 15-3 for a Korean national residing abroad. <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 27709, Dec. 30, 2016> |
| (2) | If a householder or the custodian of a household at a newly moved-in domicile is not the householder or the custodian of the household at the former domicile as at the time when a move-in report is filed in accordance with Article 16 (1) of the Act, the report shall be verified by the house-holder or custodian of the household at the former domicile or the resident moving in: Provided, That if it is impracticable to obtain verification of the householder or custodian of the household at the former domicile or the person moving in, such verification may be substituted by factual investigation of the head of the competent Eup/Myeon/Dong or branch office. |
| (3) | Upon receipt of a move-in report prescribed in Article 16 (1) of the Act, the head of each Si/Gun/Gu shall verify the identity of the reporter and the number of households moving in, the resident registration of which has been made at the new domicile, and then enter the date of the move-in report, the grounds for moving-in, and the name of a public official in charge into the resident registration record cards of the residents moving in and the log book of resident registration record cards for each household. <Amended by Presidential Decree No. 25001, Dec. 17, 2013> |
| Article 24 (Disposition of Official Records in Former Domicile) |
When the head of a Si/Gun/Gu having jurisdiction over the former domicile transfers a resident registration record card and relevant public records pursuant to Article 16 (3) of the Act, he/she shall enter the vacation date into the resident registration record card by the relevant household and the address of the new domicile and the vacation date in the list of residents moving out, respectively, if all or some of household members, including the householder moving out, or enter the address of the new domicile and the vacation date in the blanks for residents moving out into the resident registration record card for the household and the list of residents moving out, respectively, and the vacation date in the resident registration record cards for individual residents if the householder is not included among the residents moving out.
| Article 25 (Oral Reporting) |
| (1) | Except as otherwise expressly provided for in this Decree, a person who intends to make an oral report in accordance with Article 18 of the Act shall appear at the competent Eup/Myeon/Dong office and report the facts, which he/she shall otherwise report in writing, to a public official in charge. |
| (2) | Any public official in charge in receipt of an oral report in accordance with paragraph (1) shall write down the facts reported orally in the prescribed reporting form, read them to the person who files the report, and require the person to affix his/her signature and seal thereon. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| Article 26 (Reports, etc. on Emigration) |
| (1) | A report on emigration prescribed in Article 19 (1) of the Act shall be prepared in the attached Form 15-4. In such cases, the head of a Si/Gun/Gu shall enter the words “emigration reported” into the resident registration record card of the person who files the report, specifying the date of reporting and the name of a public official in charge. <Amended by Presidential Decree No. 27709, Dec. 30, 2016> |
| (2) | Upon receipt of reports on emigration prescribed in Article 6 of the Emigration Act, the Minister of Foreign Affairs shall notify the Minister of the Interior and Safety in the attached Form 16 of a list of those who have filed the reports on a daily basis, and the Minister of the Interior and Safety shall, in turn, notify the head of the relevant Si/Gun/Gu of the list on a daily basis. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Upon receipt of a list of those who have filed reports on emigration prescribed in paragraph (2), the head of a Si/Gun/Gu shall enter the words “emigration reported” into their resident registration record cards, specifying the date of reporting and the name of a public official in charge. |
| (4) | The head of a Si/Gun/Gu shall notify the Minister of the Interior and Safety of a list of those who have been described as “emigration reported” under paragraph (1) or (3) (hereinafter referred to as “emigrants reported”), and the Minister of the Interior and Safety shall, in turn, notify the Minister of Justice of the list prescribed in the attached Form 16-2. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | The Minister of Justice shall notify the Minister of the Interior and Safety in accordance with the attached Form 16-3 of a list of emigrants prescribed in paragraph (4) who have departed from the Republic of Korea, if any, on a daily basis, and the Minister of the Interior and Safety shall, in turn, notify the head of the relevant Si/Gun/Gu of the list prescribed in the attached Form 15 on a daily basis. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | Upon receipt of a list of those who have departed from the Republic of Korea prescribed in paragraph (5), the head of a Si/Gun/Gu shall register them as “Korean nationals residing abroad” and enter the names of the countries or areas where they have denizenship or residentship, the date of departure, the date of receipt of the notice of the list of those who have departed from the Republic of Korea, and the name of the public official in charge after changing their domiciles to administratively managed addresses prescribed in Article 19 (3) of the Act. |
| (7) | If an emigrant reported under paragraph (4) has not been registered as a Korean national residing abroad within five years, the head of the relevant Si/Gun/Gu shall rectify his/her resident registration record card based on a factual investigation prescribed in Article 20 (1) of the Act. |
| (8) | The date of registration as a Korean national residing abroad prescribed in paragraph (6) shall be the date after his/her departure from the Republic of Korea. |
| (9) | The notice prescribed in paragraphs (2), (4) and (5) may be given through an electronic medium. |
[This Article Wholly Amended by Presidential Decree No. 25956, Dec. 31, 2014]
| Article 26-2 (Reports, etc. on Renunciation of Emigration) |
| (1) | Any person who intends to renounce emigration before departing from the Republic of Korea due to any change in circumstances or on any other ground after filing a report on emigration prescribed in Article 19 (1) of the Act, shall file a report on renunciation of emigration in the attached Form 17. In such cases, the report may be substituted by a report on renunciation of emigration prescribed in Article 11 of the Emigration Act. |
| (2) | Upon receipt of a report on renunciation of emigration prescribed in paragraph (1), the head of a Si/Gun/Gu shall enter “renunciation of emigration reported” into the resident registration record card of a person who has filed the report, specifying the date of reporting and the name of a public official in charge. |
| (3) | Upon receipt of a report on renunciation of emigration prescribed in Article 11 of the Emigration Act, the Minister of Foreign Affairs shall notify the Minister of the Interior and Safety in accordance with the attached Form 17-2 of a list of those who have filed the report on a daily basis, and the Minister of the Interior and Safety shall, in turn, notify the head of the relevant Si/Gun/Gu of the list on a daily basis. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Upon receipt of a list of those who have filed reports on renunciation of emigration under paragraph (3), the head of a Si/Gun/Gu shall enter “renunciation of emigration reported” into their resident registration record cards, specifying the date of reporting, the date the notice of the list of those who have filed reports on renunciation of emigration is received, and the name of a public official in charge. |
| (5) | The notice prescribed in paragraph (3) may be given through an electronic medium. |
[This Article Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014]
| Article 26-3 (Notice of Lists of Local Emigrants) |
| (1) | The Minister of Foreign Affairs shall notify the Minister of the Interior and Safety in accordance with the attached Form 17-3 of a list of emigrants who have settled in foreign countries while abroad under subparagraph 3 of Article 4 of the Emigration Act on a daily basis, and the Minister of the Interior and Safety shall, in turn, notify the head of the relevant Si/Gun/Gu of the list on a daily basis. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Upon receipt of a list of emigrants who have settled in foreign countries while abroad under paragraph (1), the head of a Si/Gun/Gu shall register them as “Korean nationals residing abroad” and enter the date of settlement abroad, the date of receipt of the notice thereof, and the name of a public official in charge after changing their domiciles to administratively managed addresses prescribed in Article 19 (3) of the Act. |
| (3) | The date of registration as a Korean national residing abroad under paragraph (2) shall be the date of receipt of the notice of settlement abroad. |
| (4) | The notice prescribed in paragraph (1) may be given through an electronic medium. |
[This Article Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014]
| Article 26-4 (Reports, etc. on Departure by Korean Nationals Residing Abroad) |
| (1) | A report on departure by a Korean national residing abroad prescribed in Article 19 (2) of the Act shall be made in accordance with the attached Form 18. In such cases, the head of the relevant Si/Gun/Gu shall enter “departure of the Korean national residing abroad reported” into the resident registration record card of a person who files the report, specifying the date of reporting and the name of a public official in charge. |
| (2) | The head of a Si/Gun/Gu shall notify the Minister of the Interior and Safety of a list of Korean nationals residing abroad whose departure is reported under paragraph (1); and the Minister of the Interior and Safety shall, in turn, notify the Minister of Justice of the list in accordance with the attached Form 18-2. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Minister of Justice shall notify the Minister of the Interior and Safety in accordance with the attached Form 18-3 of a list of Korean nationals residing abroad reported under paragraph (2) who have departed from the Republic of Korea, if any, on a daily basis; and the Minister of the Interior and Safety shall, in turn, notify the head of the relevant Si/Gun/Gu of the list on a daily basis. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Upon receipt of a list of Korean nationals residing abroad who have departed from the Republic of Korea prescribed in paragraph (3), the head of a Si/Gun/Gu shall enter the date of departure, the date of receipt of the notice of a list of the Korean nationals residing abroad, and the name of a public official in charge after changing their domiciles to administratively managed addresses prescribed in Article 19 (3) of the Act. |
| (5) | Any Korean national residing abroad who intends to renounce his/her departure from the Republic of Korea due to any change in circumstances or on any other ground after filing a report on his/her departure prescribed in paragraph (1) shall file a report on renunciation of his/her departure from the Republic of Korea in accordance with the attached Form 18. |
| (6) | Upon receipt of a report on renunciation of departure from the Republic of Korea prescribed in paragraph (5), the head of a Si/Gun/Gu shall enter “renunciation of departure by the Korean national residing abroad reported” into the resident registration record card of a person who has filed the report, specifying the date of reporting and the name of a public official in charge. |
| (7) | If a Korean national residing abroad who reported his/her departure from the Republic of Korea under paragraph (1) is not registered as having left the Republic of Korea within one year, the head of the relevant Si/Gun/Gu shall rectify his/her resident registration record card, based on a factual investigation prescribed in Article 20 (1) of the Act. |
| (8) | The Minister of Foreign Affairs shall notify the Minister of the Interior and Safety in accordance with the attached Form 18-4 of a list of Korean nationals residing abroad registered under Article 2 of the Registration of Korean Nationals Residing Abroad Act, if any, on a daily basis, and the Minister of the Interior and Safety shall, in turn, notify the head of the relevant Si/Gun/Gu of the list on a daily basis. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (9) | If any Korean national residing abroad is reported under Article 10-2 (1) of the Act among those whose list is provided under paragraph (8), the head of the relevant Si/Gun/Gu shall enter the date of registration, the date of receipt of the notice of registration as the Korean national residing abroad, and the name of a public official in charge after changing his/her domicile to an administratively controlled address prescribed in Article 19 (3) of the Act, and then destroy information on the other Korean nationals residing abroad, except the Korean national residing abroad who made reports under Article 10-2 (1) of the Act, immediately upon discovery. |
| (10) | The head of a Si/Gun/Gu shall ensure that Korean nationals residing abroad who have departed from the Republic of Korea under paragraph (4) (including any Korean nationals residing abroad reported under Article 10-2 (1) of the Act, among those registered under paragraph (9)) are not registered as persons whose domicile is unknown. |
| (11) | The date of change of an administratively controlled address prescribed in paragraph (4) shall be the day after departure from the Republic of Korea, and the date of change of an administratively controlled address prescribed in paragraph (9) shall be the date of receipt of the notice of registration as a Korean national residing abroad. |
| (12) | The notice prescribed in paragraphs (2), (3) and (8) may be given through an electronic medium. |
[This Article Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014]
| Article 27 (Factual Investigation and Verification) |
| (1) | The head of each Si/Gun/Gu shall check and verify as to whether the actual domicile of each resident is true and correct with the resident registration record card at least annually, and shall take measures under Article 20 of the Act. |
| (2) | A factual investigation under Article 20 (1) of the Act shall be as set forth in attached Form 19, and each factual investigation report shall be subject to verification by a person obligated to make a report under Article 11 or 12 of the Act (hereinafter referred to as “person obligated to make a report”): Provided, That if it is impracticable to obtain verification of the person obligated to make a report, verification of the head of the competent Ri or a public official in charge suffices as a substitute. <Amended by Presidential Decree No. 25001, Dec. 17, 2013> |
| (3) | Identification cards under Article 20 (8) of the Act shall be provided for in attached Form 20. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| Article 28 (Peremptory Notice and Public Notice) |
| (3) | The head of a Si/Gun/Gu may give peremptory notice under Article 20 (2) of the Act to a person obligated to make a report through mobile phone text messaging, etc. <Newly Inserted by Presidential Decree No. 25001, Dec. 17, 2013> |
| (4) | Public notice under paragraph (2) may be issued by posting it on the bulletin board or on the website of the competent Eup/Myeon/Dong office. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| (5) | Peremptory notice or public notice under paragraphs (1), (2) and (4) shall be issued with a grace period of at least seven days. <Amended by Presidential Decree No. 25001, Dec. 17, 2013> |
| Article 29 (Scope of Public Records as Grounds for Discretionary Measures) |
| 1. | The family relations register, a certificate of records of familial relationship, and documents notified by the agency responsible for processing the registration of familial relationship; |
| 2. | The register of special skills required in connection with the resident registration report and certificates; |
| 3. | Documents notified by a police agency; |
| 4. | Documents issued by the State or a public organization to certify identification; |
| 5. | Certificates on birth and death issued by a medical doctor, an oriental medicine doctor, or a midwife; |
| 6. | A list of inmates in nursing homes for the aged, in orphanages, boarding houses, dormitories, and other communal accommodation; |
| 7. | Other documents prepared by the State or a public organization for an official purpose. |
| Article 30 (Methods of Taking Discretionary Measures) |
| (1) | Where the head of each Si/Gun/Gu completes the resident registration, deletes or corrects any registry entries, or registers that a domicile is unknown pursuant to Article 20 (5) of the Act at his/her own discretion, he/she shall enter measures taken, such as discretionary registration, discretionary deletion, discretionary correction, or discretionary registration of unknown domicile, the date of registration, deletion, correction or registration, and the name of a public official in charge, into the relevant resident registration record card. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| (2) | In deleting any registry entries, or registering that a domicile is unknown pursuant to Article 20 (5) of the Act, no registry entries or registration of unknown domicile shall be deleted with respect to a person in active military service, a person who is away for long-term medical treatment, a prisoner, or a victim of domestic violence or sexual violence housed in a shelter or protection facility established under Article 7 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims or Article 12 of the Sexual Violence Prevention and Victims Protection Act. <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 27709, Dec. 30, 2016> |
| Article 31 (Notification and Public Notice of Discretionary Measures) |
Notice under Article 20 (7) of the Act shall be issued in accordance with attached Form 23, while public notice shall be made by posting it in attached Form 24 on the bulletin board or on the website of the competent Eup/Myeon/Dong office. <Amended by Presidential Decree No. 21683, Aug. 13, 2009>
| Article 32 (Re-registration, etc. of Deleted Persons and Persons Registered with Unknown Domicile) |
| (1) | Any person whose resident registration is deleted or domicile has been registered as unknown, but who intends to file a report on re-registration and move-in, shall file a report on re-registration and move-in with the head of the Si/Gun/Gu jurisdiction over his/her domicile of a resident in attached Form 15-2 for an inhabitant or in attached Form 15-3 for a Korean national residing abroad. In such cases, a Korean national residing abroad shall submit the report, along with a certified copy of the register of Korean national residing abroad or a copy of the certificate of reporting of emigration showing that he/she is a Korean national residing abroad. <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 27709, Dec. 30, 2016; Presidential Decree No. 28473, Dec. 19, 2017> |
| (2) | The head of each Si/Gun/Gu in receipt of a report on re-registration and move-in prescribed in paragraph (1), shall verify the identity of the person through the computation system or by other means: Provided, That if it is impracticable to verify his/her identity, the head of a relevant Si/Gun/Gu may require the head of the competent agency to verify the identity of the person who files the report or may require a household member of at least 17 years old in the same household, the spouse, a lineal ascendant or descendant or a sibling of the person to verify his/her identity for verification. |
| (3) | A report on re-registration and move-in prescribed in paragraph (1) shall be filed in accordance with the procedure prescribed in Article 23 (2) and (3). |
| (4) | The head of each Si/Gun/Gu in receipt of a report on re-registration and move-in prescribed in paragraph (1), shall notify the head of the Si/Gun/Gu having jurisdiction over the deleted domicile or place where the unknown domicile is registered, and the head of the Si/Gun/Gu having jurisdiction over the deleted domicile or place where the unknown domicile is registered, in receipt of the notice, shall promptly transfer the relevant resident registration record card and relevant public records through the computation system to the head of the Si/Gun/Gu having jurisdiction over the reported domicile of the resident. <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| Article 32-2 (Resident Registration for Persons Returning Permanently from Abroad) |
| (1) | Any person who has not been registered as a resident or whose resident registration was cancelled due to emigration, but who intends to be registered or re-registered as a resident after permanent return from abroad under Article 12 of the Emigration Act, shall file a report with the head of the relevant Si/Gun/Gu in attached Form 10; if he/she has not been registered as a resident, he/she shall do so in accordance with attached Form 15-2; if his/her resident registration was cancelled, he/she shall do so, with documents substantiating his/her permanent return from abroad under Article 12 of the Emigration Act. <Amended by Presidential Decree No. 27709, Dec. 30, 2016> |
| (2) | Where a person registered as a Korean national residing abroad intends to be registered as a resident after permanent return from abroad under Article 12 of the Emigration Act, he/she shall file a report with the head of the Si/Gun/Gu having jurisdiction over his/her residence in attached Form 9, along with documents substantiating his/her permanent return from abroad under Article 12 of the Emigration Act. |
[This Article Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014]
| (2) | The notice of the results of examination of any objection under paragraph (1) shall be issued in attached Form 26. |
| (3) | Whenever a correction is made on a resident registration record card pursuant to Article 21 (2) of the Act, the words "corrected upon receiving an objection," along with the date of correction and the name of the public official in charge shall be noted on the resident registration record card. |
| Article 34 (Preparation of Replacement Resident Registration Record Cards) |
| (1) | Notice under the proviso to Article 22 (1) of the Act shall be issued in attached Form 27, while public notice shall be made in attached Form 28. |
| (2) | When a replacement resident registration record card is prepared, the grounds for such replacement, the date of replacement, and the name of the public official in charge shall be noted on the prepared resident registration record card, and the old resident registration record card as unchanged shall be preserved and maintained separately, along with a list prepared by the computation system. |
| Article 35 (Issuance of Resident Registration Certificates) |
| (1) | A resident registration certificate prescribed in Article 24 (1) of the Act shall be issued to a resident on or after the first day of the month immediately following the month when a person attains the age of 17: Provided, That the resident registration certificate of a Korean national residing or staying abroad under Article 24 (5) of the Act shall be issued on or after the following dates: <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28445, Nov. 28, 2017> |
| 1. | For a Korean national residing abroad: The date his/her resident registration report or move-in report is filed; |
| 2. | For a Korean national staying abroad: The date his/her homecoming report or move-in report is filed. |
| (2) | Where the head of a Si/Gun/Gu intends to issue a resident registration certificate pursuant to Article 24 (1) of the Act, he/she may issue it after obtaining verification by the head of a Si/Gu/Eup/Myeon having jurisdiction over the resident's reference domicile, pursuant to Article 15 of the Act and Article 22 of this Decree. |
| (3) | To ascertain the overseas stay of Korean nationals residing or staying abroad attaining the age of 17, who require the issuance of resident registration certificates, the head of a Si/Gun/Gu may request the Minister of Justice to furnish the records of their entry into or departure from the Republic of Korea. In such cases, the Minister of Justice shall comply with such request, except in extenuating circumstances. <Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28445, Nov. 28, 2017> |
| (4) | Where a resident’s blood type is indicated in his/her resident registration certificate in accordance with the proviso to Article 24 (2) of the Act, the procedures for filing an application for entering a blood type therein, the methods of entering a blood type therein, and other necessary matters shall be determined by the Minister of the Interior and Safety; and matters on medical science concerning blood types, including a testing institution for blood types, methods of testing, procedures for verification, etc. shall be determined after consultations with the Minister of Health and Welfare. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 36 (Procedures for Issuing Resident Registration Certificates) |
| (1) | Where the head of a Si/Gun/Gu intends to issue a resident registration certificate pursuant to Article 24 (1) of the Act, he/she shall give a notice in accordance with the attached Form 29 to a resident eligible for the issuance to inform him/her that he/she shall file an application within a prescribed period of at least 12 months, but if it is impracticable to deliver the notice because the person eligible for the issuance moved his/her domicile without filing a report or on any other ground, such notice shall be publicly made on the bulletin board or on the website of the Eup/Myeon/Dong office, and the fact that the notice or public notice has been given shall be recorded in the relevant resident registration record card. <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 23102, Aug. 29, 2011> |
| (2) | If a Korean national residing or staying abroad aged 17 or over files a resident registration report, homecoming report, or move-in report under the proviso to Article 35 (1), the head of the relevant Si/Gun/Gu shall give notice to him/her in accordance with the attached Form 29 to inform him/her that he/she shall file an application within a prescribed period of at least 12 months. <Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28445, Nov. 28, 2017> |
| (3) | Any person to whom any notice or public notice was given in connection with the issuance of his/her resident registration certificate pursuant to paragraphs (1) and (2) shall appear in person within the period prescribed in the notice or public notice for filing an application for the issuance before a public official in charge in the Si/Gun or autonomous Gu with which he/she is registered as a resident (hereinafter referred to as a "Si/Gun/Gu having jurisdiction over the registered domicile of a resident"), submit one copy of a photo (referring to a bust photo showing both ears and eyebrows, 3 cm wide by 4 cm long or 3.5 cm wide by 4.5 cm long, taken within the past six months, without wearing a hat; hereinafter the same shall apply) to the public official, reveal his/her identity, and put his/her fingerprint on an application in accordance with the attached Form 30 or by using the computation system for the issuance of a resident registration certificate in the presence of the public official: Provided, That if it is impracticable to verify his/her identity with the photo submitted, the public official in charge may request the applicant to submit additional materials; further details on this matter shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23102, Aug. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 27709, Dec. 30, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | An applicant's identity prescribed in the proviso to paragraph (3) may be verified by producing a certificate (only with a photo thereon) issued by the State, a local government, or a public institution, by obtaining verification of the head of a Ri having jurisdiction over his/her registered domicile, or by being accompanied with a household member of at least 17 years of age in the same household or the spouse, a lineal blood relative, or a sibling of the applicant for verification. In such cases, the public official in charge may inquire into relevant facts necessary only for verification, if his/her doubt as to the applicant's identity is reasonable. <Amended by Presidential Decree No. 25956, Dec. 31, 2014> |
| (5) | In issuing a resident registration certificate, the head of a Si/Gun/Gu shall request the Minister of the Interior and Safety to issue the resident registration certificate for the relevant resident; and upon receipt of the resident registration certificate issued, shall enter details therof in the register for the issuance of resident registration certificates prescribed in the attached Form 31 and keep the certificate. <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. 25956, Dec. 31, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | Photos and fingerprints required for issuing resident registration certificates may be managed by the computation system. <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 27709, Dec. 30, 2016> |
| Article 37 (Forms, etc. of Resident Registration Certificates) |
| (1) | The size and details of each resident registration certificate prescribed in Article 24 (7) of the Act shall be as follows, and materials of resident registration certificates and other relevant matters shall be determined 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. 25956, Dec. 31, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The size of each resident registration certificate shall be 8.6 cm wide by 5.4 cm long; |
| 2. | Details on the front of each resident registration certificate: Name, photo, resident registration number, address, issuance date, issuing agency, Korean national residing abroad (limited to resident registration certificates issued to Korean nationals residing abroad), and blood type (only when indicated in accordance with Article 35 (4)); |
| 3. | Details on the back of each resident registration certificate: Fingerprints and changes of addresses; |
| 4. | A photo shall be placed on the right upper corner of each resident registration certificate and shall be half the size of a name card. |
| (2) | In issuing a resident registration certificate pursuant to paragraph (1), affixing an official seal may be substituted by printing an impression of the official seal. In such case, the size of the impression of an official seal may be otherwise determined by the Minister of the Interior and Safety, notwithstanding Article 35 of the Regulations on Promotion of Administrative Efficiency and Cooperation. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23383, Dec. 21, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27103, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 38 Deleted. <by Presidential Decree No. 21164, Dec. 17, 2008> |
| Article 39 (Exceptions to Verification with Resident Registration Certificates) |
| (1) | In the following cases, verification shall be made with any certificate other than a resident registration certificate pursuant to the proviso to Article 25 of the Act: <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, Jul. 26, 2017> |
| 1. | Where a civil petition or any other document is submitted by post; |
| 2. | Where a person has no resident registration certificate because a resident registration certificate or any replacement thereof has not yet been issued; |
| 3. | Where a statute requires submission of any other documentary certification. In such cases, the competent Minister shall consult with the Minister of the Interior and Safety, if he/she intends to ensure that a statute requiring the submission of any other documentary certification can be enacted; |
| 4. | Where it is impracticable to verify a person's identity with his/her resident registration certificate due to any other ground. |
| (2) | Matters necessary for the procedures for holding consultations prescribed in paragraph (1) 3 shall be prescribed by Ordinance of the Ministry 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, Jul. 26, 2017> |
| (3) | When a State organization or local government verifies a person's identity with his/her resident registration certificate pursuant to Article 25 of the Act, it shall place, on a civil petition or any other document received, a rubber stamp indicating the verification with a resident registration certificate which is illustrated in the attached Table 1 hereof and shall write personal information verified with the resident registration certificate, and then a public official in charge shall place his/her signature or affix his/her seal thereon: Provided, That if any person, other than an applicant, submits a civil petition or any other document on the applicant's behalf, the person acting for the applicant shall write his/her resident registration number and name, and the public official in charge shall place his/her signature or affix his/her seal thereon. |
| (4) | The Minister of the Interior and Safety or the head of the competent Ministry may verify whether there is any agency or organization that requires the attachment of documentary certification, in violation of Article 25 of the Act, and may request an agency or organization that does not comply with such provisions to take corrective measures. <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, Jul. 26, 2017> |
| Article 40 (Re-issuance of Resident Registration Certificates) |
| (1) | Any person who intends to have his/her resident registration certificate re-issued pursuant to Article 27 of the Act shall file an application [including an application through a window for electronic civil petitions pursuant to Article 9 (2) of the Electronic Government Act (hereinafter referred to as “window for electronic civil petitions”); hereinafter the same shall apply] for re-issuance of a resident registration certificate in accordance with the attached Form 32, with the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 28150, Jun. 27, 2017> |
| (2) | Any person who has filed an application for re-issuance of a resident registration certificate may withdraw the application only during business hours on the date such application was filed: Provided, That when an application for re-issuance of a resident registration certificate has been filed through a window for electronic civil petitions after the end of business hours, it may be withdrawn by the time the business hours of the next ordinary working day end. <Amended by Presidential Decree No. 28150, Jun. 27, 2017> |
| (3) | “Ground specified by Presidential Decree" in Article 27 (1) 3 of the Act shall be as follows: <Amended by Presidential Decree No. 21164, Dec. 17, 2008; Presidential Decree No. 25956, Dec. 31, 2014> |
| 1. | Where any detail is changed, other than an address on a resident registration certificate: Provided, That the same shall not apply to resident registration certificates of military personnel who are in active military service and stationed at a military base or on a naval vessel in accordance with statutes (hereinafter referred to as "military person stationed at a military base"); |
| 2. | Where blanks in a resident registration certificate are insufficient for entering any changed detail; |
| 3. | Where a person who has emigrated has returned to reside permanently; |
| 4. | Where a change in a person's facial appearance by surgical operation or due to any other circumstance has made it impracticable to verify his/her identity; |
| 5. | Where a resident registration certificate has been collected pursuant to Articles 44 (1) 4 and 5; |
| 6. | Where a Korean national residing abroad whose resident registration was cancelled files a report pursuant to Article 10-2 (1) of the Act; |
| (4) | Any person who intends to have his/her resident registration certificate replaced shall submit one copy of a photo (referring to a photo in the form of an electronic file if an application for re-issuance of a resident registration certificate is filed through a window for electronic civil petitions; hereafter in this paragraph the same shall apply) to the head of the relevant Si/Gun/Gu and reveal his/her identify. In such cases, the proviso to Article 36 (3) shall apply mutatis mutandis to matters concerning the photo, while Article 36 (4) shall apply mutatis mutandis to matters related to an applicant revealing his/her identity. <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 28150, Jun. 27, 2017> |
| (5) | Where it is impracticable to verify an applicant's identity in the manner prescribed in paragraph (4), the head of a Si/Gun/Gu may take the applicant's fingerprints with his/her consent thereto and verify it with the electronic data on the resident registration and by electronic means. |
| (6) | Before issuing a replacement resident registration certificate, the head of a Si/Gun/Gu shall ascertain as to whether the applicant has ever received another replacement, verify the applicant's identity, enter the date of re-issuance into the blanks for the issuance of resident registration certificates of the resident registration record card for the individual resident, scan the photo submitted in accordance with paragraph (4) into the computation system, and return the original photo to the applicant. |
| (7) | In issuing a replacement resident registration certificate, the head of a Si/Gun/Gu shall request the Minister of the Interior and Safety to issue a replacement resident registration certificate for the relevant resident; and upon receipt of the replacement for the resident registration certificate issued, shall keep and preserve a record of details therof in the register for the issuance of resident registration certificates prescribed in the attached Form 31. <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, Jul. 26, 2017> |
| (8) | If a person who has filed an application for his/her replacement resident registration certificate with the head of any Si/Gun/autonomous Gu not having jurisdiction over his/her domicile does not claim the re-issued resident registration certificate within six months, the head of a Si/Gun/Gu that keeps the re-issued resident registration certificate shall forward the certificate to the head of a Si/Gun/Gu having jurisdiction over the applicant's domicile for managing such. <Amended by Presidential Decree No. 28150, Jun. 27, 2017> |
| Article 40-2 (Issuance or Re-issuance of Resident Registration Certificates of Persons with a Severe Disability) |
| 1. | The head of a household to which a person with a severe disability prescribed in Article 27-2 (1) of the Act (hereinafter referred to as "person with a severe disability") belongs; |
| 2. | The spouse of a person with a severe disability or his/her lineal blood relative; |
| 3. | The head of a Ri (limited to where no person exists to file an application for issuance or re-issuance on behalf of a person with a severe disability, such as cases where he/she lives alone or has no spouse or lineal blood relative). |
| (2) | A person who files an application for a visit by a public official to a person with a severe disability to issue or re-issue the resident registration certificate (hereafter referred to as "issuance or re-issuance by visit") of such person with a severe disability pursuant to Article 27-2 shall file the application in attached Forms 30 and 32, accompanied by the following documents: <Amended by Presidential Decree No. 27709, Dec. 30, 2016> |
| 1. | Materials verifying the person with a severe disability; |
| 2. | Materials verifying that the applicant is eligible to make the application (limited to where the application is filed by a person who is not a person with a severe disability). |
| (3) | Where a person who is not a person with a severe disability files an application pursuant to paragraph (2), the head of a Si/Gun/Gu shall verify the intention of the person with a severe disability for such application by telephone or other proper means. |
| (4) | Where an application is filed pursuant to paragraph (2), the head of a Si/Gun/Gu shall determine whether the case is eligible for issuance or re-issuance by visit, and notify the applicant of results thereof within three days from the date the application is filed. In such cases, he/she shall also notify the person with a severe disability who is to be issued or reissued by visit of such matters as the date of visit and the name of the visitor, etc., and the date of visit shall be fixed by no later than seven days from the date such notification is made. <Amended by Presidential Decree No. 26663, Nov. 26, 2015> |
[This Article Newly Inserted by Presidential Decree No. 23102, Aug. 29, 2011]
| Article 41 (Issuance of Certificates of Application Filed for Issuance of Resident Registration Certificates) |
If a person who has filed an application for issuing a new resident registration certificate or his/her replacement resident registration certificate in accordance with Article 24 or 27 of the Act makes a request to certify that he/she has filed such application, the head of a Si/Gun/Gu shall require him/her to submit a photo and issue a certificate of application filed for issuance of a resident registration certificate, in attached Form 33: Provided, That where a certificate of application filed for issuance of a resident registration certificate, is issued through the computation system, the submission of a photo is not required, except where it is impracticable to verify the applicant's identity. <Amended by Presidential Decree No. 25956, Dec. 31, 2014; Presidential Decree No. 27709, Dec. 30, 2016>
| Article 41-2 (Notification of Issuance, etc. of Resident Registration Certificates) |
Upon receipt of an application from the relevant resident, the head of a Si/Gun/Gu may notify him/her of the issuance or re-issuance of his/her resident registration certificate prescribed in Article 36, 40 or 40-2 using mobile phone text messages. [This Article Newly Inserted by Presidential Decree No. 27709, Dec. 30, 2016]
| Article 42 (Report on Loss of Resident Registration Certificate) |
| (1) | If a person has lost his/her resident registration certificate or his/her lost resident registration certificate is recovered, the person, a household member of at least 17 years old in the same household or the spouse, a lineal blood relative or sibling of the person may file a report on the loss of the resident registration certificate or a letter of withdrawal of such report in attached Form 34 hereof "Report (Withdrawal of Report) on the Loss of a Resident Registration Certificate" with the head of any Si/Gun/Gu. |
| (2) | Upon receipt of a report (withdrawal of report) on the loss of a resident registration certificate under paragraph (1), the head of each Si/Gun/Gu shall notify the head of a Si/Gun/Gu having jurisdiction over the relevant domicile in attached Form 35 without delay. Such notice may be issued through the computation system. |
| Article 43 (Disposal of Resident Registration Certificates Found) |
| (1) | Upon receipt of a resident registration certificate found and forwarded or transferred by a post office, etc. (hereinafter referred to as "resident registration certificates found"), the head of a Si/Gun/Gu having jurisdiction over the registered domicile of a resident shall confirm whether a replacement resident registration certificate has been issued, and destroy it in accordance with Article 44 (2) if the person in question falls under any of the following cases: <Amended by Presidential Decree No. 21683, Aug. 13, 2009> |
| 1. | Where a replacement resident registration certificate has already been issued; |
| 2. | Where he/she is unable to ascertain the resident's domicile because he/she has moved in to another domicile without making a report, his/her resident registration has been deleted at discretion, or domicile has been registered as unknown; |
| 3. | Where the resident has not claimed the certificate for at least one year since notice was issued to inform him/her as to how to claim it. |
| (2) | If a person whose lost resident registration certificate was found has not yet been issued a replacement certificate and the certificate found has not yet been destroyed in accordance with Article 44 (2), the head of a relevant Si/Gun/Gu shall send it to the person immediately. |
| Article 44 (Collection, Destruction, etc. of Resident Registration Certificates) |
| (1) | Where any of the following cases occurs, the head of each Si/Gun/Gu shall collect a resident registration certificate already issued: <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 25001, Dec. 17, 2013; Presidential Decree No. 25956, Dec. 31, 2014> |
| 1. | If a person who holds the resident registration certificate is deceased; |
| 2. | If a replacement for the resident registration certificate is issued on any grounds referred to in any subparagraph of Article 27 (1) of the Act: Provided, That where a replacement for the resident registration certificate is issued on any grounds referred to in Article 27 (1) 1 of the Act or Article 40 (3) 7 of this Decree are excluded herefrom; |
| 3. | If it is impracticable to deliver a resident registration certificate found because a replacement for the resident registration certificate found has already been issued to the relevant person or the relevant resident registration has been deleted or the relevant person's domicile has been registered as unknown; |
| 3-2. | Notwithstanding the proviso to subparagraph 2, if it is verified by a public official in charge that the resident registration certificate is the one lost by a person who had a replacement therefor issued; |
| 4. | If a found resident registration certificate has not been claimed by the relevant resident for at least one year since notice was issued to inform him/her of as to how to claim it; |
| 5. | If a resident registration certificate issued pursuant to Article 24 or 27 of the Act has not been claimed for at least three years since the date of its issuance. |
| (2) | With respect to resident registration certificates collected pursuant to paragraph (1), details thereof shall be entered into the register for the collection of resident registration certificates in attached Form 36 and such certificates shall be destroyed at least quarterly. <Amended by Presidential Decree No. 25956, Dec. 31, 2014> |
| (3) | Upon receipt of the notice of departure from the Republic of Korea of emigrants reported under Article 26 (5) or a list of emigrants who have settled in foreign countries while abroad under Article 26-3 (1), the head of a Si/Gun/Gu shall prevent any further use of the resident registration certificates for inhabitants issued to those emigrants through the computation system. <Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014> |
| Article 45 (Adjustment of Resident Registration Certificates According to Change of Domicile) |
| (1) | When any person who holds a resident registration certificate changes his/her domicile and files a move-in report, he/she shall submit his/her resident registration certificate to the head of a Si/Gun/Gu having jurisdiction over the new domicile: Provided, That the same shall not apply to military personnel stationed in a military base. |
| (2) | The head of a Si/Gun/Gu having jurisdiction over the new domicile shall immediately return the resident registration certificate to the person who files the report after entering the change into the resident registration certificate submitted in accordance with paragraph (1). |
| (3) | Any person who was unable to have entries amended in accordance with paragraph (2) may file an application to the head of any Si/Gun/Gu not having jurisdiction over his/her domicile to make such adjustment; and upon receipt of an application for such adjustment, the head of each Si/Gun/Gu shall verify the applicant's latest address through the computation system, make the adjustment in accordance with paragraph (2), and enter details thereof in attached Form 37 hereof. |
| Article 46 (Operation, etc. of Electronic Information Center for Resident Registration) |
| (1) | Upon receipt of a request from the head of any Si/Gun/Gu to issue a resident registration certificate pursuant to Article 36 (5) or 40 (7), the Minister of the Interior and Safety shall order the electronic information center for resident registration prescribed in Article 28 of the Act, to issue a resident registration certificate. <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. 25956, Dec. 31, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may order the electronic information center for resident registration to conduct the following affairs: <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, Jul. 26, 2017> |
| 1. | Establishing and managing a comprehensive database for entering various data into resident registration record cards and log books of resident registration record cards for each household; |
| 2. | Issuing and delivering resident registration certificates at the request of the head of a Si/Gun/Gu; |
| 4. | Managing and operating the on-line network for resident registration; |
| 5. | Authenticating names and resident registration numbers pursuant to Article 57; |
| 6. | Authenticating resident registration certificates pursuant to Article 58. |
| (3) | The Minister of the Interior and Safety may issue an order to handle or perform the following affairs with the backup system established for electronic information for resident registration pursuant to Article 28 (2) of the Act in preparation for natural disasters and calamities, etc.: <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, Jul. 26, 2017> |
| 1. | Establishing and managing a comprehensive database constantly consistent with the electronic data in the electronic information center for resident registration; |
| 2. | Performing functions of the electronic information center for resident registration, where it is impracticable to operate the electronic information center for resident registration in normal conditions due to the occurrence of disasters and calamities, etc.; |
| 3. | Implementing simulated training programs at least once a year in preparation for disasters and calamities, etc. |
| (4) | The Minister of the Interior and Safety shall take all measures necessary for protecting data, such as establishing an exclusive communications network and installation of fire walls, to protect data in the electronic information center for resident registration and the backup system therefor from illegal intruders, etc. <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, Jul. 26, 2017> |
| Article 47 (Inspection of Resident Registration Record Cards or Issuance of Certified Copies or Abstracts thereof) |
| (1) | 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 branch office (hereinafter referred to as the "head of each agency responsible for inspecting or issuing a certified copy or an abstract") shall issue a certified copy or an abstract of a resident registration record card only to a registered resident whose identity has been verified by the head of a Si/Gu/Eup/Myeon having jurisdiction over the resident's relevant reference domicile pursuant to Article 15 of the Act and Article 22 of this Decree: Provided, That he/she may issue to an alien, etc. recorded in a resident registration record card by household a certified copy of the resident registration record card of the household whereto the alien, etc. belongs, and may issue to a foreign spouse a certified copy or an abstract of the resident registration record card of the head and members of the household whereto the spouse belongs. <Amended by Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 28299, Sep. 19, 2017> |
| (2) | Applications for inspection of a resident registration record card or issuance of a certified copy or an abstract thereof may be filed orally, in writing (including an electronic document), or by an automatic civil petition processing machine. In such cases, the name and address or the name and resident registration number of the relevant resident shall be stated precisely. |
| (3) | Article 25 (2) shall apply mutatis mutandis to cases where an oral application is filed pursuant to paragraph (2). In such cases, "report", "reporting form" and "person who files the report" referred to in Article 25 (2) shall be construed as "application;" "application form;" and "applicant," respectively. <Newly Inserted by Presidential Decree No. 21683, Aug. 13, 2009> |
| (4) | The scope of persons with a legitimate interest, such as a claim or an obligation, under Article 29 (2) 6 of the Act shall be as specified in the attached Table 2, and "where it is required for any other public interest" in Article 29 (2) 7 of the Act, means any of the following cases: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Where the head of a Si/Gun/Gu deems it necessary to implement a project for public purpose, which will affect the relevant resident or any household member in the same household; |
| 2. | Where the Minister of the Interior and Safety deems it necessary for achieving the objectives of medical treatment, research, or statistical collation; |
| 3. | Cases recognized by the Minister of the Interior and Safety where providing information to any person other than the relevant resident or a household member in the same household is deemed obviously beneficial to the relevant resident or household member. |
| (5) | Any person who intends to file an application for inspection of a resident registration record card or issuance of a certified copy or an abstract thereof in accordance with paragraph (2) shall produce his/her identification certificate (where an application is filed in the name of an institution, an employee identification certificate, an employment certificate, or any other certificate proving that the person filing the application is an employee of the institution shall be produced, along with the application) and submit an application with the grounds therefor described therein and documents proving such grounds, and further necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where it is impracticable to verify accompanying documents through administrative information matching pursuant to Article 36 (1) of the Electronic Government Act, the submission of accompanying documents, etc. may be substituted by verification in such manner, but if the applicant does not consent to such verification, the applicant shall attach accompanying documents, etc., to the application. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | Notwithstanding paragraph (5), verifying an applicant’s fingerprints with electronic data and by electronic means may be in lieu of producing his/her identification certificate prescribed in the main sentence of paragraph (5), if he/she makes a request. <Newly Inserted by Presidential Decree No. 27709, Dec. 30, 2016> |
| (7) | Notwithstanding paragraph (5), if an applicant requests that a certified copy or an abstract be dispatched, to an addressee with the name and address in the resident registration record card for whom the applicant intends to have a certified copy or an abstract issued or to the State or a local government for the purpose of providing public service, the head of each agency responsible for inspecting or issuing a certified copy or an abstract may omit verifying the applicant's identity and submitting certification. <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 27709, Dec. 30, 2016> |
| (8) | Where the head of each agency responsible for inspecting or issuing a certified copy or an abstract receives an application from the relevant resident, he/she may inform the relevant resident by mail or mobile phone text message, of the fact regarding the inspection of his/her resident registration record card or the issuance of a certified copy or an abstract therof: Provided, That this shall not apply where the resident registration record card is inspected or a certified copy or an abstract thereof is issued under Article 29 (2) 1 or 7 of the Act. <Amended by Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 27709, Dec. 30, 2016> |
| (9) | A resident registration record card shall be inspected through an electronic document or in the presence of a public official in charge at the office of a Si/Gun/Gu (including a Gu, other than an autonomous Gu), the office of an Eup/Myeon/Dong, or the branch office having jurisdiction over the registered domicile of the relevant resident. <Amended by Presidential Decree No. 21164, Dec. 17, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 27709, Dec. 30, 2016> |
| (10) | A certified copy of a resident registration record card shall be prepared according to the resident registration record card for the relevant household while an abstract of a resident registration record card shall be prepared according to the resident registration record card for the relevant individual resident. <Amended by Presidential Decree No. 21164, Dec. 17, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 27709, Dec. 30, 2016> |
| (11) | Matters to be inspected in resident registration record cards, matters to be included a certified copy or abstract and notification to the relevant resident prescribed in paragraph (6) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 21164, Dec. 17, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27709, Dec. 30, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 47-2 (Requests for Restrictions on Inspection of Resident Registration Record Cards of Domestic Violence Victims or on Issuance of Certified Copies and Abstracts thereof) |
Where a domestic violence victim intends to restrict the inspection of his/her resident registration record cards or the issuance of a certified copy or an abstract thereof pursuant to Article 29 (6) of the Act, he/she shall file an application with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 21683, Aug. 13, 2009]
| Article 48 (Inspection of Resident Registration Record Cards of Persons Registered in other Districts or Issuance of Certified Copies or Abstracts Thereof) |
Notwithstanding Article 47 (9), the head of each agency responsible for inspecting or issuing a certified copy or an abstract may allow a person registered as a resident in any other district to inspect his/her resident registration record card or issue a certified copy or an abstract of such record card through the computation system. In such cases, resident registration cards shall be inspected in the presence of the public official in charge at the office of a Si/Gun/Gu (including a non-autonomous Gu), the office of an Eup/Myeon/Dong, or the relevant branch office. <Amended by Presidential Decree No. 21164, Dec. 17, 2008; Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 28445, Nov. 28, 2017>
| Article 49 (Issuance of Certified Copies or Abstracts of Resident Registration Record Cards through Unmanned Civil Petition Processing Machine) |
| (1) | When the head of a Si/Gun/Gu issues a certified copy or an abstract of a resident registration record card through an unmanned civil petition processing machine pursuant to the proviso to Article 29 (3) of the Act, he/she shall make it possible to verify the applicant's fingerprints against the fingerprints contained in his/her resident registration certificate or the applicant's fingerprints against the contents of his/her resident registration certificate by the computation system. |
| (2) | When the head of a Si/Gun/Gu issues a certified copy or an abstract of a resident registration record card through an unmanned civil petition processing machine pursuant to the proviso to Article 29 (3) of the Act, he/she shall take measures for the security control to protect personal information as well as the computation system for resident registration. |
| (3) | When the head of a Si/Gun/Gu issues a certified copy or an abstract of a resident registration record card through an unmanned civil petition processing machine pursuant to the proviso to Article 29 (3) of the Act, he/she shall ascertain the current status of the operation and security of the unmanned civil petition processing machine at least once a month and take necessary measures, while if it is anticipated that the computation system for resident registration is likely to malfunction or that data therein may possibly leak therefrom, he/she shall stop issuing certified copies or abstracts of a resident registration record cards by means of the unmanned civil petition processing machine. |
| Article 50 (Use, etc. of Electronic Information Data of Resident Registration) |
| (1) | Any person who intends to access or utilize electronic data pursuant to Article 30 of the Act shall file an application stating the following matters, with the head of the competent central administrative agency in accordance with the attached Form 38: |
| 1. | Objectives and grounds for accessing or utilizing the electronic data; |
| 2. | Scope of the electronic data that he/she intends to have access to or utilize; |
| 3. | Methods of providing electronic data, the agency responsible for managing the data, measures for security control, and other relevant matters. |
| (2) | An application to access or utilize electronic data prescribed in paragraph (1) shall be filed only for the minimum data required (referring to data about the place of a present domicile in the case of a person who falls under Article 29 (2) 6 of the Act, except in extenuating circumstances, such as unavoidable situations in order to achieve the objectives of accessing or utilizing the electronic data), but the reproduction or provision of a resident registration record card itself may not be requested. <Amended by Presidential Decree No. 23825, Jun. 1, 2012> |
| (3) | Where any person who falls under Article 29 (2) 6 of the Act intends to file an application for access to or utilization of electronic data prescribed in paragraph (1), he/she shall submit materials verifying the matters requested by application, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Presidential Decree No. 23825, Jun. 1, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The head of the competent central administrative agency, in receipt of an application filed under paragraph (1), shall examine the following matters and notify the applicant of the results thereof in accordance with the attached Form 39: |
| 1. | Legitimacy of the objectives of accessing or utilizing the electronic data; |
| 2. | Appropriateness of the scope of the electronic data; |
| 3. | Reasonableness, appropriateness, and public benefit of the application; |
| 4. | Whether it is likely to infringe on the privacy of any person; |
| 5. | Whether measures for preventing the electronic data from being used for any other purpose and security control have been formulated. |
| (5) | Any person who intends to have access to or utilize electronic data shall file an application for approval with the Minister of the Interior and Safety or a Mayor/Do Governor or the head of a Si/Gun/Gu prescribed in Article 2 in accordance with the attached Form 38, along with notice of the results of examination prescribed in paragraph (4): Provided, That where the head of a central administrative agency intends to have access to or utilize electronic data, he/she may file an application for approval in a document stating the grounds for and purposes of utilizing the electronic data, the measures for safety security, and other relevant matters. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23825, Jun. 1, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (6) | The Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu, in receipt of an application for approval under paragraph (5), shall examine the following matters; and if it is deemed unnecessary as a result of the examination to provide the electronic data, he/she need not provide such data: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23825, Jun. 1, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Matters referred to in subparagraphs of paragraph (4); |
| 2. | Whether it is possible to process the data requested by an application via the computation system; |
| 3. | Whether processing the data requested by an application is unlikely to cause any hindrance to the performance of administrative affairs of resident registration. |
| (7) | When the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu grants approval as a result of the examination prescribed in paragraph (6), he/she shall enter and keep the records of details of such approval into the register for the access to electronic information data of resident registration prescribed in the attached Form 40. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23825, Jun. 1, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (8) | Service charges may be collected as prescribed by Ordinance of the Ministry of the Interior and Safety, in exchange for accessing or utilizing electronic data pursuant to paragraph (7). <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23825, Jun. 1, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (9) | "Cases prescribed by Presidential Decree" in the proviso to Article 30 (1) of the Act, means any of the following cases: <Amended by Presidential Decree No. 21683, Aug. 13, 2009; Presidential Decree No. 23825, Jun. 1, 2012> |
| 1. | Where an application is repeatedly filed to have access to or utilize electronic data on the same content as approved: Provided, That this shall not apply where one year has passed after obtaining the approval; |
| 2. | Where an application is filed pursuant to Article 47 (4) 2; |
| 3. | Where an application is filed pursuant to Article 47 (4) 3. |
| (10) | Except as otherwise expressly provided for in this Decree, matters necessary for accessing, and providing electronic data shall be determined 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, Jul. 26, 2017> |
| Article 51 (Guidance for and Supervision, etc. over Persons Assessing or Utilizing Electronic Data of Resident Registration) |
| (1) | All persons for whom electronic data (including electronic data supplied pursuant to other statutes) has been provided shall be subject to guidance and supervision prescribed in Article 32 (1) of the Act: Provided, That State organizations and local governments shall be exempt herefrom. <Amended by Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 23825, Jun. 1, 2012> |
| (2) | If necessary for providing guidance and supervision prescribed in Article 32 (1) of the Act, the Minister of the Interior and Safety may require a person subject to guidance and supervision referred to in paragraph (1) to submit the following data concerning the processing of electronic data: <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, Jul. 26, 2017> |
| 1. | Data concerning the results of processing, including the utilization of electronically processed information; |
| 2. | Data concerning the current status of the provision of electronically processed information and protective measures for the provision of such information. |
| (3) | Any person in receipt of a request to submit data in accordance with paragraph (1), shall submit the relevant data within 30 days, except in extenuating circumstances. |
| (4) | Where the Minister of the Interior and Safety intends to conduct a field inspection on the current status of utilization of data pursuant to Article 32 (1) of the Act, he/she shall pre-notify a person subject to inspection of the purposes and details of such inspection, personal information on a public official in charge, the date and time of such inspection, and other relevant matters. <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, Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety shall inform a person subject to inspection of the results of a field inspection referred to in paragraph (4) and may request the person to take corrective measures to address problems verified in the course of conducting such inspection. <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, Jul. 26, 2017> |
| Articles 52 through 55 Deleted. <by Presidential Decree No. 21683, Aug. 13, 2009> |
| Article 56 (Processing of Civil Petitions, etc. Pertaining to Resident Registration in Electronic Form) |
| (1) | Any person who files a civil petition related to resident registration in electronic form in accordance with Article 34 (1) of the Act shall file it at the window for electronic civil petitions. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 28150, Jun. 27, 2017> |
| (2) | Any person who intends to obtain a certified copy or an abstract of a resident registration record card in accordance with paragraph (1) shall use a form on white paper, 210mm wide by 297mm long. |
| (3) | Whenever the head of an agency responsible for managing and operating the electronic civil petition counter permits a person to inspect a resident registration record card or issues a certified copy or an abstract thereof through the electronic civil petition counter, he/she shall take all measures for preventing forgery or alteration and verifying the authenticity thereof. |
| (4) | An agency, in receipt of a certified copy or an abstract of a resident registration record card pursuant to paragraph (1), may verify the authenticity thereof through the electronic civil petition counter. |
| Article 57 (Verification of Authenticity of Names and Resident Registration Numbers) |
| (1) | The Minister of the Interior and Safety shall establish an electronic information system necessary for verifying the authenticity of names and resident registration numbers (hereinafter referred to as "system for verification of real names for elections") in the electronic information center for resident registration pursuant to subparagraph 1 of Article 35 of the Act and Article 82-6 of the Public Official Election Act. <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, Jul. 26, 2017> |
| (2) | Pursuant to subparagraph 1 of Article 35 of the Act and Article 82-6 of the Public Official Election Act, any online media company, political party, or candidate may use the system for verification of real names for elections during the election campaign period prescribed in Article 59 of the Public Official Election Act, in order to take technical measures for verifying the authenticity of the name and resident registration number of any person who intends to post his/her opinion in support of or in opposition to a political party or candidate on an open message board, chat room, or any similar medium on websites. |
| (3) | The Minister of the Interior and Safety may not provide verification, if an online media company, political party, or candidate who intends to have access to the system for verification of real names for elections in accordance with paragraph (2) fails to formulate and take measures for security control, including measures for preventing the system from being used for any other purpose and preventing a third party from intruding on privacy. <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, Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may request an online media company, political party, or candidate to submit data concerning measures taken in accordance with paragraph (3) and examine them (hereinafter referred to as "guidance and supervision"), even while an online media company, political party, or candidate has access to the system for verification of real names for elections. <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, Jul. 26, 2017> |
| (5) | If a candidate loses his/her qualification after the election is finished or due to any other ground, the Minister of the Interior and Safety shall, without delay, instruct him/her to cease accessing the system for verification of real names for elections (without informing him/her of the ground therefor); and may request him/her to cease accessing the system for verification of real names for elections, if he/she falls under any of the following subparagraphs. In such cases, an online media company, political party, or candidate requested to cease accessing the system shall be informed of the ground therefor: <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, Jul. 26, 2017> |
| 1. | Where he/she fails to comply with guidance or supervision; |
| 2. | Where he/she has access to the system for verification of real names for elections for any other purpose; |
| 3. | Where he/she has not taken measures for security control, including measures for preventing a third party from intruding on privacy without authorization for access to the system for verification of real names for elections. |
| (6) | The Minister of the Interior and Safety may allow an online media company, political party, or candidate requested to cease accessing the system pursuant to paragraph (5) to recommence access to the system, if the online media company, political party, or candidate takes measures for correcting the cause of the instruction to cease access to the system. <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, Jul. 26, 2017> |
| (7) | The Minister of the Interior and Safety may inquire the Chairperson of the National Election Commission of a list and website addresses of online media companies, political parties, and candidates, and similar information; and upon receipt of such inquiry, the Chairperson of the National Election Commission shall provide such information without delay. <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, Jul. 26, 2017> |
| (8) | Other matters necessary for accessing and operating the system for verification of real names for elections, shall be determined 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, Jul. 26, 2017> |
| Article 58 (Verification of Authenticity of Resident Registration Certificates) |
| (1) | If deemed necessary for verifying the authenticity of a resident registration certificate pursuant to subparagraph 2 of Article 35 of the Act, the Minister of the Interior and Safety may verify its authenticity by computation system, such as the automatic telephone answering system, the electronic civil petition counter, or the verification system for the authenticity of resident registration certificates. <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, Jul. 26, 2017> |
| (2) | The scope of information verifiable through the verification system for the authenticity of resident registration certificates by the computation system prescribed in paragraph (1), shall be limited to the details of each resident registration certificate. |
| (3) | Any person who intends to have access to the verification system for the authenticity of resident registration certificates prescribed in paragraph (1) for any of the following purposes shall file an application with the Minister of the Interior and Safety in accordance with the attached Form 41: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26663, Nov. 26, 2015; Presidential Decree No. 27709, Dec. 30, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Where the State, a local government, or similar agency needs to verify the authenticity of a resident registration certificate for public service; |
| 2. | Where a finance company, or any company similar thereto needs to verify the authenticity of a resident registration certificate in order to ensure sound financial transactions; |
| 3. | Where a telecommunications business operator prescribed in subparagraph 8 of Article 2 of the Telecommunications Business Act needs to verify the authenticity of a resident registration certificate to identify the other party to a contract. |
| (4) | Upon receipt of an application for access pursuant to paragraph (3), the Minister of the Interior and Safety need not provide verification, if it is deemed unnecessary upon the examination of the following matters to have access to the verification system for the authenticity of resident registration certificates. In such cases, he/she shall notify the applicant who has applied for the access to the verification system for the authenticity of resident registration certificates of the results of such examination: <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, Jul. 26, 2017> |
| 1. | Legitimacy of and necessity for the objectives of the verification of the authenticity of resident registration certificates; |
| 2. | Appropriateness of access to the verification system for the authenticity of resident registration certificates and measures taken for security and safety control; |
| 3. | Whether it is possible to handle requests by the verification system for the authenticity of resident registration certificates; |
| 4. | Whether processing requested matters is unlikely to cause any hindrance to the performance of administrative affairs for resident registration. |
| (5) | The scope of finance companies and companies similar thereto prescribed in paragraph (3) 2, the scope of telecommunications business operators prescribed in paragraph (3) 3 and other matters necessary for accessing the verification system for the authenticity of resident registration certificates shall be determined by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27709, Dec. 30, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 59 (Recommendations for Improvement of Policies, Systems and Statutes) |
Where deemed necessary, the Change Committee may recommend relevant agencies to improve the policies, systems and statutes related to resident registration numbers. In such cases, a notice shall be given on the details of and grounds for such recommendation.
[This Article Newly Inserted by Presidential Decree No. 28020, May 8, 2017]
| Article 60 (Keeping Documents Relevant to Resident Registration) |
The period for keeping each document pertaining to resident registration shall be as follows: <Amended by Presidential Decree No. 21164, Dec. 17, 2008; Presidential Decree No. 23102, Aug. 29. 2011; Presidential Decree No. 26663, Nov. 26, 2015; Presidential Decree No. 28020, May 8, 2017; Presidential Decree No. 28445, Nov. 28, 2017>
| 1. | Resident registration record cards for individual residents or households: Permanent; |
| 2. | Resident registration record cards deleted for individual residents or households : Permanent; |
| 3. | Registers of resident registration numbers and registers of combination of resident registration numbers: Permanent; |
| 4. | Registers of issuance of resident registration certificates: Permanent; |
| 4-2. | Applications for issuance of resident registration certificates: Permanent (five years where they are kept separately in an electronic form); |
| 4-3. | Tabulation of issuance of resident registration certificates: Five years (one year where they are kept separately in an electronic form); |
| 5. | Registers of receipt of reports on emigration and reports on overseas stay: Ten years; |
| 6. | Registers of resident registration certificates found, collected, and destroyed: Five years; |
| 7. | Documents pertaining to notification of a registered domicile of a resident: Five years; |
| 8. | Documents pertaining to resident registration reports; Five years (Provided, That in cases of move-in reports, the period shall be ten years); |
| 9. | Documents pertaining to factual investigations and discretionary measures: Five years; |
| 10. | Documents pertaining to imposition and collection of administrative fines: Five years; |
| 11. | Documents pertaining to correction of resident registration numbers: Five years; |
| 11-2. | Documents pertaining to modification of resident registration numbers: Five years; |
| 12. | Lists of households, lists of residents who have vacated domiciles, or lists of residents who have occupied domiciles: Five years; |
| 13. | Documents pertaining to the issuance of resident registration certificates, which do not fall under subparagraph 4: Five years; |
| 14. | Documents reporting the current status of resident registration and resident registration certificates issued: Five years; |
| 15. | Documents pertaining to discretionary adjustment and daily settlement: Five years; |
| 16. | Documents pertaining to the transfer of resident registration record cards: Five years; |
| 17. | Documents pertaining to objections: Five years; |
| 18. | Registers of inspection of resident registration record cards and issuance of certified copies and abstracts: Five years; |
| 19. | Registers of access to and approval for electronic data: Five years; |
| 20. | Documents pertaining to a notice and a public notice, other than those prescribed in subparagraph 8: Five years; |
| 21. | Documents pertaining to notification of overseas emigration (local emigration): Five years; |
| 22. | Registers of changes of addresses in resident registration certificates of residents residing in other Eup/Myeon/Dong: Three years; |
| 23. | Documents pertaining to applications for verification of the authenticity of resident registration: Five years; |
| 24. | Documents pertaining to applications for inspection of resident registration record cards and issuance of certified copies and abstracts: Five years. |
[This Article Newly Inserted by Presidential Decree No. 20741, Feb. 29, 2008]
| Article 60-2 (Handling of Personally Identifiable Information) |
| (1) | The Minister of the Interior and Safety (including any person to whom the authority of the Minister of the Interior and Safety is delegated under Article 2) or the head of a Si/Gun/Gu may handle data containing resident registration numbers or foreigner registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for performing the following affairs: <Amended by Presidential Decree No. 28020, May 8, 2017; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Affairs concerning the preparation of resident registration record cards prescribed in Article 7 of the Act; |
| 9. | Affairs concerning factual investigations and discretionary measures taken under Article 20 of the Act; |
| 11. | Affairs concerning preparing replacement resident registration record cards prescribed in Article 22 of the Act; |
| 13. | Affairs concerning the issuance and replacement of resident registration certificates for persons with severe disabilities prescribed in Article 27-2 of the Act; |
| 14. | Affairs concerning the inspection of resident registration record cards and the issuance of certified copies or abstracts thereof prescribed in Articles 29 of the Act; |
| 15. | Affairs concerning approval to access to and utilize electronic data prescribed in Article 30 of the Act; |
| 16. | Affairs concerning the processing of civil petitions related to resident registration by electronic documents prescribed in Article 34 of the Act; |
| 17. | Affairs concerning the verification of authenticity of facts in resident registration verified under Article 35 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 27709, Dec. 30, 2016]
| Article 61 (Re-Examination of Regulation) |
The Minister of the Interior and Safety shall examine the appropriateness of the following matters every two years, counting from each base date provided for in each of those subparagraphs (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | The scope of persons who have a legitimate interest, such as a claim or an obligation pursuant to Article 47 (4): January 1, 2015; |
| 2. | With respect to the use of the system for verification of real names for elections by any online media company, political party, or candidate prescribed in Article 57, the demand for and examination of data by the Minister of the Interior and Safety and grounds for suspending the use of the system for verification of real names for elections: January 1, 2015. |
[This Article Newly Inserted by Presidential Decree No. 25956, Dec. 31, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Concerning Destruction of Resident Registration Certificates Found)
The period prescribed in the amended provisions of Article 43 (1) shall commence from the date this Decree enters into force, where a person in receipt of notice informing as to how to claim a resident registration record card found by the date this Decree enters into force. Article 3 (Transitional Measures Concerning Timing for Collecting Back Resident Registration Certificates Following Former Amendment to President Decree)
Article 4 (Transitional Measures Concerning Forms in Use)
The forms prepared and in use pursuant to former provisions as at the time this Decree enters into force shall remain in use, but the details of the amendment provisions herein shall be reflected in the forms.
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. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21164, Dec. 2, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force three month after the date of its promulgation.
Article 2 (Transitional Measure)
The forms prepared and in use pursuant to former provisions as of the date this Decree enters into force shall remain in use, but the details of the amendment provisions herein shall be reflected in the forms.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21683, Aug. 13, 2009>
This Decree shall enter into force on October 2, 2009.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 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. 22311, Jul. 26, 2010>
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. 22323, Aug. 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Revision of Forms)
Forms under the former provisions as at the time this Decree enters into force may be used along with those under this Decree until December 31, 2010.
ADDENDA <Presidential Decree No. 23102, Aug 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation Provided, That the amended provisions of Articles 36 (1), 47 (6), 51, 58, and 60 shall enter into force on the date of its promulgation; while the amended provisions of Article 40-2, attached Forms 42 and 43 shall enter into force on August 31, 2011. Article 2 (Transitional Measures concerning Period for Application for Issuance of Resident Registration Certificates)
Where notice was given on the issuance of a resident registration certificate under the former Article 36 (1) and the period for application for issuance thereof has not yet passed as at the time this Decree enters into force, the period extended by six months from the deadline of the relevant application shall be deemed the period for application for issuance.
Article 3 (Transitional Measures concerning Amendment of Forms)
Forms provided for in the former provisions as at the time this Decree enters into force, may be used concurrently with the forms prescribed by this Decree until December 31, 2011.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on Oct. 26, 2011.
Articles 2 and 3 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. 23825, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its Promulgation.
Article 2 (Transitional Measures concerning Application for Access to or Utilization of Electronic Data)
Where an application is filed to access or utilize the electronic data pursuant to the former provisions of Article 50 before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 50 (2) and (3). Article 3 (Transitional Measures concerning Scope of Persons who Have Legitimate Interest, such as Claim or Obligation)
Where an application is filed for inspection of a resident registration record card, issuance of a certified copy or an abstract thereof, or access to or utilization of the electronic data before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 3 of attached Table 2. Article 4 (Transitional Measures concerning Amendment of Forms)
Attached Forms 1, 15 and 32 provided for in the former provisions as at the time this Decree enters into force may be used concurrently with the forms prescribed by this Decree until December 31, 2012.
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. 25001, Dec. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Collection of Resident Registration Certificates Lost)
The amended provisions of Article 44 (1) 3-2 shall also apply where it is confirmed by a public official in charge after this Decree enters into force that a resident registration certificate is that lost by a person who had a replacement therefor issued before this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of these Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force, have not yet arrived, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 5 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.
ADDENDA <Presidential Decree No. 26369, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26663, Nov. 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Applications for Issuance or Re-issuance by Visiting Resident Registration Certificates of Persons with a Severe Disability)
Any application for issuance or re-issuance by visiting the resident registration certificate of a person with a severe disability before this Decree enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 40-2.
ADDENDA <Presidential Decree No. 27103, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27511, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 27709, Dec. 30, 2016>
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of subparagraph 2 of Article 60-2 shall enter into force on May 30, 2017, and the amended provisions of subparagraph 4 of Article 60-2 shall enter into force on December 3, 2017.
ADDENDUM <Presidential Decree No. 28020, May 8, 2017>
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 28150, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2017: Provided, That the amended provisions of Article 3 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Work of Issuing Resident Registration Certificates)
The amended provisions of attached Form 29 shall also apply to any person to whom a notice has been given on the issuance of a resident registration certificate before this Decree enters into force.
Article 3 Omitted.
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 the Presidential Decrees amended pursuant to Article 8 of these Addenda, amendments to Presidential Decrees promulgated before this Decree enters into force, but the dates on which they are to enter into force have not arrived yet, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28299, Sep. 19, 2017>
This Decree shall enter into force six months after the date of its promulgation.
ADDENDA <Presidential Decree No. 28445, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 3, 2017.
Article 2 (Transitional Measures concerning Reporting of Addresses by Korean Nationals Staying Abroad)
A report pursuant to Article 2 (1) of the Addenda to the Resident Registration Act, Act No. 14286, shall be filed in attached Form 10-3; and if a domestic address is changed based on a report on overseas stay, the reference date for change of the address shall be the date when a report is filed. Article 3 (Transitional Measures concerning Revision of Forms)
Attached Forms 3, 9, 9-2, 10, 10-2, 15, 15-2, 21 and 30 pursuant to the previous provisions as at the time this Decree enters into force may be used with the forms prescribed in this Decree by no later than December 31, 2017.
ADDENDA <Presidential Decree No. 28473, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2017.
Article 2 Omitted.