Presidential Decree No. 23777, May 7, 2012
| Article 1 (Purpose) |
| Article 2 (Duty to Report by Appointed Estate Administrator) |
| (1) | An estate administrator shall report on the following matters to the Minister of Justice within one month from the date of his or her appointment pursuant to Article 17 (1) of the Act on Special Cases concerning Family Relationship and Inheritance between Residents in South and North Korea (hereinafter referred to as the "Act"): |
| 1. | The name, address, gender, date of birth, and occupation of a North Korean resident, and the cause of the acquisition of property; |
| 2. | A list of inherited or bequeathed property, etc. under Article 13 (1) of the Act (hereinafter referred to as "inherited or bequeathed property, etc."); |
| 3. | The name, address, and resident registration number of a decedent or testator, where any property is inherited or bequeathed; |
| 4. | The name, address, resident registration number, occupation, and contact information of an estate administrator, and his or her relationship with the relevant North Korean resident; |
| 5. | The date of the appointment of an estate administrator, the court of appointment, and the case number. |
| (2) | A list of inherited or bequeathed property, etc. pursuant to paragraph (1) 2 (hereinafter referred to as "list of inherited or bequeathed property") shall include the specific type, quantity, value and location of the inherited or bequeathed property, etc., and the date and cause of the acquisition thereof. |
| (3) | A list of inherited or bequeathed property shall be prepared as of the date an estate administrator is appointed. If any change has been made in the details of inherited or bequeathed property, etc. since a North Korean resident acquired the inherited or bequeathed property, etc., such change and the reasons therefor shall be stated therein. |
| Article 3 (Duty to Report by Property Administrator Who Resigns or Is Replaced) |
| 1. | The date of, and reasons for, the resignation or replacement of a property administrator; |
| 2. | A list of inherited or bequeathed property prepared as of the date a property administrator resigns or is replaced; if any change has been made in the details of inherited or bequeathed property, etc. in comparison with the list of inherited or bequeathed property reported immediately prior to the resignation or replacement of the property administrator, such change and the reasons therefor shall be stated therein. |
| Article 4 (Duty to Prepare and Retain List of Inherited or Bequeathed Property and to Report on Change Therein by Estate Administrator) |
| (1) | An estate administrator shall prepare and retain a list of inherited or bequeathed property to give information regarding the status of inherited or bequeathed property, etc., such as the specific type, quantity, value and location of the inherited or bequeathed property, etc., and the date and cause of the acquisition thereof, and regarding any change in the inherited or bequeathed property and the reasons therefor in comparison with the list of inherited or bequeathed property, etc. reported immediately prior to the occurrence of the change pursuant to Article 17 (3) of the Act, and he or she shall report to the Minister of Justice on such change in accordance with the following classifications: |
| 1. | Regular reporting: A list of inherited or bequeathed property shall be prepared as of December 31 each year and reported by January 31 of the following year; |
| 2. | Occasional reporting: Where an act permitted by the Minister of Justice pursuant to Article 18 (1) of the Act causes any change in inherited or bequeathed property, etc., a statement of such change shall be reported within one month from the date the change occurs, along with the relevant documents. |
| (2) | The forms required for reporting under the subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 5 (Permission for Act outside Scope of Authority) |
| (1) | An estate administrator who intends to obtain permission for an act outside the scope of his or her authority bestowed under Article 118 of the Civil Act pursuant to Article 18 (1) of the Act shall submit to the Minister of Justice an application for permission, which contains the following matters, as prescribed by Ordinance of the Ministry of Justice: |
| 1. | Property subject to permission; |
| 2. | Details of disposal, etc. for which he or she intends to obtain permission; |
| 3. | Period during which disposal, etc. is planned; |
| 4. | Reasons for applying for permission; |
| 5. | Where an act to obtain permission involves a contract relating to real estate, the other party to the contract and important details. |
| (2) | If granting permission under Article 18 (1) of the Act, the Minister of Justice shall issue a permit prescribed by Ordinance of the Ministry of Justice to an applicant, and if not granting permission, the Minister shall notify the applicant of such fact. |
| (3) | If permission granted under paragraph (2) requires that the period for property disposal, etc. be determined, no estate administrator shall dispose of, or take other action against, such property after the period expires. |
| Article 6 (Permission Granted to North Korean Resident for Direct Use or Management of Property) |
| (1) | A person who intends to obtain permission from the Minister of Justice pursuant to the former part of Article 19 (1) of the Act shall submit to the Minister of Justice an application for permission, which contains the following matters, as prescribed by Ordinance of the Ministry of Justice: |
| 1. | The purpose and necessity of permitting a North Korean resident who owns inherited or bequeathed property, etc. to directly use or manage such property; |
| 2. | The type, quantity, and value of property that a North Korean resident who owns inherited or bequeathed property, etc. is permitted to directly use or manage; |
| 3. | The period during which a North Korean resident who owns inherited or bequeathed property, etc. is permitted to commence the direct use or management of such property; |
| 4. | Other documents, if any, explaining the matters referred to in subparagraphs 1 through 3. |
| (2) | "Important matters prescribed by Presidential Decree" in the latter part of Article 19 (1) of the Act means the matters referred to in paragraph (1) 1 through 3. |
| (3) | If granting permission under Article 19 (1) of the Act, the Minister of Justice shall issue a permit prescribed by Ordinance of the Ministry of Justice to an applicant, and if not granting permission, the Minister shall notify the applicant of such fact. |
| Article 7 (Reasons for Permitting North Korean Resident to Directly Use or Manage Property) |
| (1) | "Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 19 (2) of the Act means any of the following cases: |
| 1. | Where a North Korean resident who owns property or his or her relative referred to in Article 777 of the Civil Act (hereinafter referred to as "relative") is deemed highly likely not to use or manage inherited or bequeathed property, etc.; |
| 2. | Where the direct use or management of inherited or bequeathed property, etc. by a North Korean resident who owns such property is deemed highly likely to cause harm to the life or body of the North Korean resident himself or herself, or his or her relatives; |
| 3. | Where a North Korean resident who owns property is deemed highly likely to experience undue interference from the North Korean authority in directly using or managing his or her property; |
| 4. | Where inter-Korean relations are highly likely to be negatively affected by a North Korean resident who owns property and is permitted to directly use or manage his or her property; |
| 5. | Other cases equivalent to those referred to in subparagraphs 1 through 4 and deemed particularly necessary by the Minister of Justice. |
| (2) | "Cases prescribed by Presidential Decree" in Article 19 (2) 3 of the Act means any of the following cases: |
| 1. | Where a house in which a North Korean resident who owns inherited or bequeathed property, etc. lives is destroyed or lost due to a natural disaster, such as a flood or typhoon, or a fire, etc. and such property is required for repairing the house or for other purposes; |
| 2. | Where a North Korean resident who owns inherited or bequeathed property, etc. or his or her family member referred to in Article 779 of the Civil Act needs such property to pursue further studies; |
| 3. | Other cases equivalent to those referred to in subparagraphs 1 and 2, recognized by the Minister of Justice. |
| (3) | The upper limit that the Minister of Justice permits a North Korean resident who owns property to directly use or manage his or her property depending on the purpose thereof under Article 19 (2) of the Act shall be determined and publicly notified by the Minister of Justice, in consideration of the state of inter-Korean relations, and other overall circumstances. |
| Article 8 (Conditions for Permitting North Korean Resident to Directly Use or Manage Property) |
| 1. | Matters pertaining to the purpose of a North Korean resident who owns inherited or bequeathed property, etc. directly using or managing such property; |
| 2. | Matters pertaining to a follow-up report, etc. on the direct use or management of inherited or bequeathed property, etc. by a North Korean resident who owns such property; |
| 3. | Matters to be complied with in relation to the methods, procedures, etc. when a North Korean resident who owns inherited or bequeathed property, etc. directly uses or manages such property; |
| 4. | Other matters equivalent to those referred to in subparagraphs 1 through 3, deemed particularly necessary by the Minister of Justice. |
| Article 9 (Comprehensive Permission Granted to North Korean Resident for Direct Use or Management) |
| Article 10 (Revocation of Permission Granted to North Korean Resident to Directly Use or Manage Property) |
| 1. | Where there are substantial reasons to believe that a North Korean resident who owns inherited or bequeathed property, etc. or his or her relative has failed to use or manage such property, etc.; |
| 2. | Where there are substantial reasons to believe that the direct use or management of inherited or bequeathed property, etc. by a North Korean resident who owns such property has resulted in harm to the life or body of the North Korean resident himself or herself, or his or her relatives; |
| 3. | Where there are substantial reasons to believe that a North Korean resident who owns property has experienced undue interference from the North Korean authority in directly using or managing his or her property; |
| 4. | Where there are substantial reasons to believe that inter-Korean relations have been negatively affected by the direct use or management of any property by the North Korean resident who owns such property. |
| Article 11 (Notification to Minister of Unification) |
| (1) | Matters regarding which the Minister of Justice shall give notification to the Minister of Unification pursuant to Article 20 (2) of the Act shall be as follows: |
| 1. | Matters on which an estate administrator is required to report pursuant to Article 17 (1) through (3) of the Act; |
| 2. | Matters regarding which the Minister of Justice grants permission pursuant to Article 18 of the Act; |
| 3. | Matters regarding which the Minister of Justice grants, or revokes, permission pursuant to Article 19 of the Act; |
| 4. | Matters of which the Minister of Justice has become aware pursuant to Article 20 (1) of the Act, equivalent to those specified in subparagraphs 1 through 3. |
| (2) | Any notification under paragraph (1) shall be given in writing (including in electronic form) within one month from the date the relevant reasons occur: |
| Article 12 (Preparation of Register of North Korean Residents) |
| (1) | The Register of North Korean residents under Article 21 (1) of the Act (hereinafter referred to as "Register of North Korean residents") shall be prepared when an estate administrator reports pursuant to Article 17 (1) of the Act or when the Minister of Justice has become aware of the acquisition of inherited or bequeathed property, etc. in South Korea by a North Korean resident pursuant to Article 20 (1) of the Act. |
| (2) | The Register of North Korean residents shall be prepared and retained separately on an individual basis. In such cases, the Register of North Korean residents shall be managed by attaching a serial number thereto and a list that contains all registered North Korean residents shall be prepared. |
| (3) | The Register of North Korean residents shall contain the following: |
| 1. | The name, gender, date of birth, address and occupation of a North Korean resident who has acquired inherited or bequeathed property, etc.; |
| 2. | The type and value of inherited or bequeathed property, etc. acquired by a North Korean resident; |
| 3. | Where a North Korean resident uses inherited or bequeathed property, etc. to acquire real estate, matters regarding the real estate, such as its location; |
| 4. | The cause and date of acquisition of inherited or bequeathed property, etc. by a North Korean resident; |
| 5. | Matters specified in the subparagraphs of paragraph (4). |
| (4) | "Matters prescribed by Presidential Decree" in Article 21 (1) 3 of the Act means the following: |
| 1. | North Korean resident registration number referred to in Article 21 (3) of the Act; |
| 2. | Where any information relating to a family member of a North Korean resident who lives in North Korea is available, such family information; |
| 3. | Where a North Korean resident has family members, relatives or other interested persons who live in South Korea, their personal information; |
| 4. | The personal information of an estate administrator of a North Korean resident; |
| 5. | The personal information of a decedent or testator, where any property is inherited or bequeathed; |
| 6. | Other matters deemed necessary by the Minister of Justice for the efficient management of inherited or bequeathed property, etc. |
| Article 13 (North Korean Resident Registration Number System) |
| (1) | The North Korean resident registration number assigned pursuant to Article 21 (3) of the Act (hereinafter referred to as "North Korean resident registration number") shall consist of 13 digits, indicating the date of birth, gender, North Korean resident identification, etc. |
| (2) | One North Korean resident registration number shall be assigned to one person, and no number already assigned shall be assigned to another person. |
| (3) | No North Korean resident registration number shall be identical with a resident registration number assigned pursuant to the Resident Registration Act or a foreign registration number assigned pursuant to the Immigration Act. |
| (4) | The North Korean resident registration number system, the number assigning procedures, and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 14 (Issuance of Document Verifying North Korean Resident Registration Number and Address) |
| Article 15 (Criteria for Imposing Administrative Fines) |