ENFORCEMENT DECREE OF THE LOST ARTICLES ACT
Wholly Amended by Presidential Decree No. 4174, Oct. 25, 1969
Amended by Presidential Decree No. 15159, Oct. 28, 1996
Presidential Decree No. 16268, Apr. 30, 1999
Presidential Decree No. 19563, jun. 29, 2006
Presidential Decree No. 19806, Dec. 29, 2006
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 25065, Jan. 7, 2014
Presidential Decree No. 25654, Oct. 15, 2014
Presidential Decree No. 27621, Nov. 29, 2016
Presidential Decree No. 31349, Dec. 31, 2020
Presidential Decree No. 32522, Mar. 8, 2022
| Article 1 (Submission of Articles Found) |
| (1) | Articles found under Article 1 (1) of the Lost Articles Act (hereinafter referred to as the "Act"), accompanied by a report in attached Form 1, shall be submitted to a police station (including an area patrol unit, a police substation, or a police detachment; hereinafter the same shall apply) which has jurisdiction over the place where such articles are found or to an office of the Autonomous Police Authority of Jeju Special Self-Governing Province (hereinafter referred to as "Autonomous Police Authority"): Provided, That in special circumstances, an article found may be submitted to a police station or an Autonomous Police Authority close to the place where it is found. <Amended on Oct. 28, 1996; Jun. 29, 2006> |
| (2) | The chief of a police station or the Jeju Special Self-Governing Province Governor shall issue a custody certificate in attached Form 1-2 to the person who submitted an article found. <Amended on Oct. 28, 1996; Jun. 29, 2006> |
| (3) | When a person in receipt of a custody certificate under paragraph (2) loses it, he or she shall immediately report the date, time, place, and events leading to such loss to the police station or the Autonomous Police Authority that has issued the certificate of custody. <Amended on Oct. 28, 1996; Jun. 29, 2006> |
| Article 2 Deleted. <Oct. 28, 1996> |
| Article 3 (Public Announcement of Findings) |
| (1) | When the chief of a police station or the Jeju Special Self-Governing Province Governor, in receipt of an article found and submitted under Article 1 (1) of the Act, makes a public announcement pursuant to the latter part of Article 1 (2) of the Act because he or she is unable to identify the person to whom the article is to be returned, he or she shall post information about the article on the website providing information about lost articles from the date the article is submitted until either of the following dates: <Amended on Jan. 7, 2014> |
| 1. | The date the person who lost the article found, the owner thereof, or other persons who have the right to reclaim it (hereinafter referred to as "person who has the right to reclaim"), or the finder reclaims the article found; |
| 2. | The date the article found is vested in the National Treasury or the treasury of Jeju Special Self-Governing Province pursuant to Article 15 of the Act. |
| (2) | Upon receipt of an article found and submitted under Article 1 (1) of the Act, the chief of a police station or the Jeju Special Self-Governing Province Governor shall record and retain the details thereof in management cards in attached Form 3 or shall electronically record and maintain the details in an electronic medium. <Amended on Jan. 7, 2014> |
| (3) | Where an article found and submitted is deemed particularly valuable, the chief of a police station or the Jeju Special Self-Governing Province Governor shall make a public announcement thereof under paragraph (1) while at the same time publicly announcing it in daily newspapers or by broadcast. <Amended on Jun. 29, 2006> |
[Title Amended on Jan. 7, 2014]
| Article 4 (Return of Articles Found) |
| (1) | When the chief of a police station or the Jeju Special Self-Governing Province Governor is requested to return an article, he or she shall verify that the person who makes such request is the person who has the right to reclaim the article, by means such as requiring him or her to submit a document substantiating his or her name and address or making necessary questions about the lost article, and then shall have him or her consult the finder about the amount of compensation on a specified date. <Amended on Jun. 29, 2006> |
| (2) | The chief of a police station or the Jeju Special Self-Governing Province Governor shall notify the finder (including the occupant where there is an occupant under Article 10 (2) of the Act) of the name and residence of the person who has the right to reclaim the article found in attached Form 5 so that the finder can consult with the person who has the right to reclaim the article found about the amount of compensation: Provided, That this shall not apply to a finder who has in advance waived or forfeited his or her right about finding. <Amended on Jun. 29, 2006> |
| (3) | Upon the conclusion of consultation between the person who has the right to reclaim the article found and the finder on the compensation under paragraphs (1) and (2) and the completion of compensation, the chief of the police station or the Jeju Special Self-Governing Province Governor shall return the article found to the person who has the right to reclaim the article found and receive a receipt thereof in attached Form 6. <Amended on Oct. 28, 1996; Jun. 29, 2006> |
| (4) | The provisions of paragraph (3) shall also apply where the finder acquires ownership because the person who has the right to reclaim the article waives his or her right under Article 8 (2) of the Act. <Amended on Oct. 28, 1996> |
| Article 5 (Measures for Articles Found After Statutory Period Expires) |
| (1) | With respect to an article found which is in custody of the chief of a police station or the Jeju Special Self-Governing Province Governor, when the finder acquires ownership to the article because the article has remained unclaimed by a person who has the right to reclaim the article for a period specified in Article 253 of the Civil Act, the chief of a police station or the Jeju Special Self-Governing Province Governor shall notify the finder of the acquisition of such ownership in attached Form 7 or notify the finder thereof by means of telephone or text messages. <Amended on Jun. 29, 2006; Oct. 15, 2014> |
| (2) | Deleted. <Oct. 15, 2014> |
| (3) | When the chief of a police station or the Jeju Special Self-Governing Province Governor receives a request from the finder for surrender of the article, he or she shall surrender the article after receiving a receipt in attached Form 6. <Amended on Oct. 28, 1996; Jun. 29, 2006> |
| (4) | When a person requests surrender of an article under paragraph (3), he or she shall submit a custody certificate for the article: Provided, That this shall not apply to a person who has filed a report under Article 1 (3). <Amended on Oct. 28, 1996> |
| Article 6 (Public Institutions) |
[This Article Wholly Amended on Jan. 7, 2014]
| (2) | The public announcement of sale under paragraph (1) shall be made by posting it on the bulletin board or website of the relevant police station or Autonomous Police Authority or on the website providing information about lost articles pursuant to Article 16 of the Act. <Amended on Mar. 8, 2022> |
| Article 8 (Custody and Deposit of Money and Valuables Found) |
| (1) | The chief of a police station or the Jeju Special Self-Governing Province Governor shall have the person in charge of accounting affairs keep custody of the lost articles submitted. <Amended on Jun. 29, 2006> |
| (2) | In cases falling under paragraph (1), cash found or the proceeds from the sale of articles found shall be deposited in a financial institution. <Amended on Oct. 28, 1996> |
| Article 9 (Waiver of Rights by Finders and Persons Who Have Right to Reclaim) |
Where a finder intends to waive the finder’s rights under Article 7 of the Act or to waive the right to acquire ownership under Article 8 (2) of the Act or where a person who has the right to reclaim, etc. intends to waive the right to reclaim an article under Article 8 (1) of the Act, he or she shall submit a written waiver of rights in attached Form 8 to the chief of the police station or the Jeju Special Self-Governing Province Governor. <Amended on Oct. 28, 1996; Jun. 29, 2006>
| Article 10 Deleted. <Oct. 28, 1996> |
| Article 11 (Measures for Articles Found Which Are Vested in National Treasury or Treasury) |
| (1) | Cash or goods, which are finally and conclusively vested in the National Treasury or the treasury of Jeju Special Self-Governing Province, shall be recorded as revenue, as prescribed by the National Finance Act or the Local Accounting Act. <Amended on Jun. 29, 2006; Dec. 29, 2006; Nov. 29, 2016> |
| (2) | Confiscated articles provided in Article 11 (2) of the Act and articles, etc. which are to be used as materials for scientific, artistic, or antiquarian research provided in Article 255 of the Civil Act shall be without delay transferred to an administrative agency (including a regional office of an administrative agency) which is in charge of affairs regarding the ownership or carrying of relevant articles or which has authority for the preservation and management thereof, with the issuance of a receipt by the receiving agency: Provided, That an administrative agency which has taken over an article that will be used as materials for scientific, artistic, or antiquarian research shall pay monetary reward under Article 13 (2) of the Act. |
| (3) | When an article which has been vested in the National Treasury or the treasury of Jeju Special Self-Governing Province has little proprietary value and thus there is no need to continue to keep them in custody or when there is no buyer even if it is up for sale, the head of a police station or the Jeju Special Self-Governing Province Governor may discard it or gratuitously concede it to a social welfare organization or other nonprofit organization. <Amended on Oct. 28, 1996; Jun. 29, 2006> |
| (4) | The discard or concession under paragraph (3) shall be recorded in attached Form 9. <Amended on Oct. 28, 1996> |
[Title Amended on Jun. 29, 2006]
| Article 12 (Calculation of Periods) |
[This Article Wholly Amended on Jan. 7, 2014]
| Article 13 (Processing of Personally Identifiable Information) |
The Commissioner General of the Korean National Police Agency, the chief of a City/Do police agency, the Jeju Special Self-Governing Province Governor, and the head of an Autonomous Police Authority may process data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the affairs regarding the handling of articles found. <Amended on Dec. 31, 2020> [This Article Newly Inserted on Jan. 6, 2012]
| Article 14 Deleted. <Apr. 30, 1999> |
| Article 15 Deleted. <Apr. 30, 1999> |
| Article 16 Deleted. <Apr. 30, 1999> |
ADDENDUM <Presidential Decree No. 4174, Oct. 25, 1969>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15159, Oct. 28, 1996>
This Decree shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Presidential Decree No. 16268, Apr. 30, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 19806, Dec. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25065, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Calculation of Periods)
The initial date in reckoning a period for acquiring ownership of lost articles and buried articles publicly announced under the latter part of Article 1 (2) of the Act before this Decree enters into force shall be governed by the previous provisions of Article 12.
ADDENDA <Presidential Decree No. 25654, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Notice of Acquisition of Ownership)
Notwithstanding the amended provisions of Article 5 (1) and (2), articles found which are submitted to a police station or Autonomous Police Authority before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 27621, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 32522, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.