The purpose of this Decree is to prescribe matters necessary for the issuance of apostilles and certificates of authentication for public documents which have been executed in the Republic of Korea and which have to be produced in another country.
The terms used in this Decree are defined as follows:
| 1. | The term "apostille” means a certificate issued by the Minister of Foreign Affairs or the Minister of Justice pursuant to Article 6 or 8 after verifying the authenticity of public documents which have to be produced in a country signatory to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as the "Apostille Convention"); |
| 2. | The term "certificate of authentication" means a letter of confirmation issued by the Minister of Foreign Affairs pursuant to Article 6 or 8 after verifying the authenticity of public documents which have to be produced in a country not a signatory to the Apostille Convention; |
| 3. | The term "public document" means any of the following documents: |
| (a) | Documents emanating from the State or local governments (including institutions entrusted with the duties of the State or local governments) in the line of public duty; |
| (c) | A certified copy or abstract of written judgment or court reports; |
| (d) | Other documents publicly notified by the Minister of Foreign Affairs in recognition of their public nature, taking into consideration the purposes, subjects, characteristics, etc. of such documents; |
| 4. | The term "notarial documents" means documents prepared or authenticated pursuant to the Notary Public Act by a notary public or a person competent to perform affairs belonging to the duties of a notary public pursuant to Article 8 of the Notary Public Act; |
| 5. | The term "written judgment" means an original copy (including a certified copy under the proviso of Article 46 of the Criminal Procedure Act) signed and sealed by the judge who rendered the judgment, which states rulings, decisions, or orders. |
| Article 3 (Performance of Issuance) |
| (1) | The Minister of Foreign Affairs shall conduct affairs related to the issuance of apostilles and certificates of authentication for public documents. |
| (2) | Notwithstanding paragraph (1), the Minister of Justice shall perform affairs related to the issuance of apostilles for any of the following public documents: |
| 1. | Documents emanating from the Ministry of Justice or agencies affiliated therewith (including prosecutors' offices; hereafter in this Article the same shall apply) in the line of public duty; |
| 3. | A certified copy or abstract of written judgment or court reports retained by the Ministry of Justice or agencies affiliated therewith. |
| Article 4 (Application for Issuance of Apostilles) |
A person who intends to be issued an apostille or certificate of authentication shall file an application with the Minister of Foreign Affairs or the Minister of Justice, as prescribed by Joint Ordinance of the Ministry of Foreign Affairs and the Ministry of Justice (hereinafter referred to as "Joint Ordinance").
| Article 5 (Examination for Issuance of Apostilles) |
| (1) | Upon receiving an application for the issuance of an apostille or certificate of authentication under Article 4, the Minister of Foreign Affairs or the Minister of Justice shall verify the authenticity of public documents by comparing the signature or seal imprint on the public documents with the signature or official seal kept under Article 11. |
| (2) | When being unable to verify the authenticity of public documents by the methods prescribed in paragraph (1), the Minister of Foreign Affairs or the Minister of Justice shall verify their authenticity by confirming data such as the document name, document number, document issuance records through the individual, organization, institution, etc. that issued the relevant public documents. |
| (3) | The Minister of Foreign Affairs or the Minister of Justice may request data, documents, etc. necessary to verify the authenticity of public documents under paragraphs (1) and (2) from the individuals, organizations, institutions, etc. that have issued the relevant public documents. |
| Article 6 (Issuance of Apostilles) |
Upon receiving an application for the issuance of an apostille or certificate of authentication pursuant to Article 4, the Minister of Foreign Affairs or the Minister of Justice shall issue the relevant apostille or certificate of authentication, as prescribed by Joint Ordinance, except in cases falling under any subparagraph of Article 7 (1).
| Article 7 (Refusal of Issuance of Apostilles) |
| (1) | In any of the following cases, the Minister of Foreign Affairs or the Minister of Justice may refuse to issue an apostille or certificate of authentication: |
| 1. | Where the submitted public documents are clearly false; |
| 2. | Where it is impossible to verify the authenticity of a public document through an examination for issuance under Article 5, in such cases as where a document issued in a foreign country is attached. |
| (2) | When refusing to issue an apostille or certificate of authentication pursuant to paragraph (1), the Minister of Foreign Affairs or the Minister of Justice shall inform the applicant of grounds for refusal. |
| Article 8 (Processing of Issuance through Electronic Civil Petition Window) |
| (1) | An application for and the issuance of an apostille or certificate of authentication for public documents publicly notified by the Minister of Foreign Affairs taking into account of the ease of verifying the authenticity of public documents, etc. may be processed through an electronic civil petition window (referring to the electronic civil petition window under the main clause of Article 9 (2) of the Electronic Government Act) established and operated by the Minister of Foreign Affairs. |
| (2) | Details necessary for the application for and the issuance of an apostille or certificate of authentication through an electronic civil petition window prescribed in paragraph (1) shall be prescribed by Joint Ordinance. |
| Article 9 (Processing Period) |
| (1) | The period for processing the issuance of an apostille or certificate of authentication shall be within three days from receiving the application for issuance. |
| (2) | Notwithstanding paragraph (1), the Minister of Foreign Affairs or the Minister of Justice may extend the issuance period only once by up to seven days, if it is unavoidable, in such cases as where no signature or seal imprint is kept under Article 11. In such cases, the applicant shall be notified of the grounds for such extension and the expected date of issuance without delay. |
| Article 10 (Verification of Issuance Information) |
| (1) | The Minister of Foreign Affairs shall establish and operate a system enabling any person to verify information on the issuance of an apostille or certificate of authentication. |
| (2) | The issuance information under paragraph (1) shall include the following matters: |
| 3. | The fact that it was issued by an agency competent to issue an apostille or certificate of authentication. |
| (3) | In order to verify the issuance information under paragraph (1), the Minister of Justice shall provide the Minister of Foreign Affairs with the information on the issuance of apostilles for public documents prescribed in the subparagraphs of Article 3 (2). |
| Article 11 (Management of Signatures and Seal Imprints) |
The Minister of Foreign Affairs or the Minister of Justice may receive, in advance, and retain signatures or seal imprints from an agency issuing public documents, a notary public, or a person competent to perform affairs belonging to the duties of a notary public pursuant to Article 8 of the Notary Public Act, in order to conduct affairs relating to the issuance of apostilles and certificates of authentication under Article 3.
A person who intends to apply for the issuance of an apostille or certificate of authentication shall pay a fee prescribed by Joint Ordinance with a revenue stamp: Provided, That where such application is filed through an electronic civil petition window pursuant to Article 8, no fee shall be collected.
| Article 13 (Management of Personally Identifiable Information) |
The Minister of Foreign Affairs or the Minister of Justice may manage data containing resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to conduct affairs relating to application and examination for the issuance of apostilles or certificates of authentication and the issuance thereof as prescribed in Articles 4 through 6 and 8.
ADDENDA <Presidential Decree No. 31121, Oct. 27, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Apostilles)
| (1) | Where an application for the issuance of an apostille or certificate of authentication has been filed and the issuance thereof is being examined as at the time this Decree enters into force, the application for the issuance of an apostille or certificate of authentication shall be deemed filed under Article 4. In such cases, a decision on whether to issue an apostille or certificate of authentication shall be made within 10 days from the date this Decree enters into force. |
| (2) | An apostille or certificate of authentication issued before this Decree enters into force shall be deemed an apostille or certificate of authentication issued under this Decree. |