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STATUTES

THE REPUBLIC OF KOREA

Volume

ACT ON THE REGISTRATION, ETC. OF FAMILY RELATIONSHIP

Wholly Amended by Act No. 8435, May 17, 2007

Amended by Act No. 8541, Jul. 23, 2007

Act No. 9832, Dec. 29, 2009

Act No. 10275, May 4, 2010

Act No. 10279, May 4, 2010

Act No. 11690, Mar. 23, 2013

Act No. 11950, Jul. 30, 2013

Act No. 12183, Jan. 7, 2014

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to prescribe matters concerning the registration of establishment and change of family relations such as the birth, marriage, death, etc. of people and matters concerning certification thereof.

Article 2 (Administration)

Article 1 ~ 2

Affairs related to the registration of establishment and change of family relations and certification thereof (hereinafter referred to as "registration affairs") shall be administered by the Supreme Court.

Article 3 (Delegation of Authority)

(1) The Chief Justice of the Supreme Court shall delegate authority over registration affairs to the head of a Si/Eup/Myeon (the head of a Si for Dongs and the head of an Eup or Myeon for Eups or Myeons in a Si in the form of an urban and rural complex; hereinafter the same shall apply).

(2) In the case of the Special Metropolitan City, a Metropolitan City, or a Si having Gus, a Si, the head of a Si or the office of a Si as mentioned in this Act refers to a Gu, the head of a Gu or the office of a Gu, respectively: Provided, That references to Guns in a Metropolitan City refer to an Eup/Myeon, the head of an Eup/Myeon, or the office of an Eup/Myeon.

(3) The Chief Justice of the Supreme Court shall delegate authority over the supervision of registration affairs to the chief judge of a family court which has jurisdiction over the place where the office of a Si/Eup/Myeon is located: Provided, That the chief justice of a family branch court shall, upon the order of the chief justice of the family court, supervise registration affairs within the districts under his/her jurisdiction.

Article 3

Article 4 (Handling of Registration Affairs)

Registration affairs referred to in Article 3 shall be handled by the head of the Si/Eup/Myeon in which the place for reporting is located, in which a report, etc. of the registration of establishment and change of family relations (hereinafter referred to as "registration") is received or accepted.

Article 5 (Restriction on Duties)

(1) No head of any Si/Eup/Myeon shall carry out his/her duties with respect to a registration case of his/her own or of any of his/her relatives within four degrees of relationship, with the exception of the issuance of certificates related to registration.

(2) With respect to handling of registration cases, paragraph (1) shall apply in the same manner to persons who act for the head of a Si/Eup/Myeon.

Article 6 (Attribution of Fees, etc.)

(1) Fees and administrative fines to be paid pursuant to the provisions of this Act shall become the revenue of a local government handling registration affairs: Provided, That the same shall not apply to cases falling under any of the following subpargraphs:

1. Where a public official belonging to the Central Control Office of

Article 4 ~ 6

Computerized Information issues a certificate pursuant to Article 12 (2);

2. Where a family court levies an administrative fine pursuant to Articles 120 and 123;

3. Where a family court holds a trial on an administrative fine referred to in the Non-Contentious Case Procedure Act pursuant to Article 124 (3).

(2) The amount of fees referred to paragraph (1) shall be prescribed by the Supreme Court Rules.

Article 7 (Charging of Expenses)

Expenses to be incurred for registration affairs which are delegated to the head of a Si/Eup/Myeon pursuant to Article 3 shall be borne by the State.

Article 8 (Supreme Court Rules)

Matters necessary for the enforcement of this Act shall be prescribed by the Supreme Court Rules.

CHAPTER II PREPARATION OF FAMILY RELATIONS REGISTERS AND PROCESSING OF REGISTRATION AFFAIRS

Article 9 (Preparation of and Matters to be Recorded in Family Rel

Article 7 ~ 9

ations Registers)

(1) A family relations register (hereinafter referred to as "register") shall be prepared by classifying computerized information data on registered matters concerning family relations, which are entered and processed by a computerized information processing system (hereinafter referred to as "registered matters") by individual according to the original domicile referred to in Article 10.

(2) The following matters shall be entered in the register: <Amended by Act No. 10279, May 4, 2010>

1. Original domicile;

2. Name, origin of surname, sex, date of birth and resident registration number;

3. Matters concerning establishment and change of family relations, such as birth, marriage, and death;

4. Where a person who is to be recorded as a family member is a person who is not a national of the Republic of Korea (hereinafter referred to as "foreigner"), name, sex, date of birth, nationality, and alien registration number (in cases of a foreigner who is not registered as a foreigner, referring to the report number of the place of residence prescribed by the Supreme Court Rules; hereinafter the same shall apply);

5. Other matters

Article 9

concerning family relations as prescribed by the Supreme Court Rules.

Article 10 (Determination of Original Domicile)

(1) In the case of entering matters for the first time due to birth or other causes, an original domicile shall be determined for reporting such entry.

(2) An original domicile may be altered in accordance with the procedure as prescribed by the Supreme Court Rules.

Article 11 (Handling of Registration Affairs, etc. by Computerized Information Processing System)

(1) The head of a Si/Eup/Myeon shall handle registration affairs through a computerized information processing system.

(2) Where the person him/herself is deceased or declared missing or absent, or renunciates or relinquishes his/her nationality, or other causes occur, as prescribed by the Supreme Court Rules, the register shall be closed.

(3) Registers and closed registers as referred to in paragraph (2) (hereinafter referred to as "closed register") shall be kept and maintained by the Minister of National Court Administration.

(4) The Minister of National Court Administration shall separately prepare and maintain computerized information data which contains the

Article 10 ~ 11

sam information as th rgistrd mattrs ntrd in rgisters or closed registers (hereinafter referred to as "register, etc.").

(5) Where registers, etc. are damaged in whole or in part, or there are worries about potential damage to registers, etc., the Minister of National Court Administration may order necessary dispositions, such as restoration of registers, as prescribed by the Supreme Court Rules.

(6) No person who maintains registers, etc. nor any person who handles registration affairs shall use computerized information data on the registered matters entered in registers, etc. (hereinafter referred to as "computerized registration data") or provide them to other persons (including corporations) for reasons other than the reasons prescribed by this Act or other Acts.

Article 12 (Installation, etc. of Central Control Office of Computerized Information)

(1) The Central Control Office of Computerized Information shall be installed in the National Court Administration (hereinafter referred to as the "Central Control Office") for the keeping and management of registers, etc., support of handling registration affairs by a computerized information processing system and efficient utilization of computerized registration data. In such cases, with respect to handling of registration affairs, following notices concerning nationality, a computerized information processing system shall be run in connection with

Article 12

e Ministry of Justice as prescribed by e Supreme Court Rules.

(2) The Minister of the National Court Administration may, if necessary, have a public official belonging to the Central Control Office handle the issuance of certificates referred to in Article 15.

Article 13 (Use, etc. of Computerized Registration Data)

(1) Any person who intends to use or utilize computerized registration data shall obtain the approval of the Minister of National Court Administration, undergoing examination by the head of a relevant central administrative organ: Provided, That in cases where the head the central administrative organ intends to use or utilize computerized registration data, he/she shall consult with the Minister of National Court Administration.

(2) A person who intends to use or utilize computerized registration data pursuant to paragraph (1) shall not use or utilize such data for purposes other than the original purpose.

(3) Matters necessary for the use or utilization of computerized registration data pursuant to paragraph (1), usage fees therefor, etc. shall be prescribed by the Supreme Court Rules.

Article 14 (Issuance, etc. of Certificates)

(1) The person him/herself or his/her spouse, lineal blood relatives, and siblings (hereafter referred to as "person him/herself, etc." in

Article 13 ~ 14

this Article) may request for the issuance of a certificate issuable with respect to matters entered in registers, etc. as provided for in Article 15, and where an agent of the person him/herself, etc. makes such a request, the agent shall be entrusted by the person him/herself, etc.: Provided, That in cases falling under any of the following subparagraphs, the request for issuance may not be made by the person him/herself, etc.:

1. Where the State or a local government files a written application for operational requirements;

2. Where it is required in various procedures for litigation, non-litigation cases, and execution of civil cases;

3. Where other statutes require the submission of a certificate concerning the person him/herself, etc.;

4. Other cases where a person having a justifiable interest prescribed by the Supreme Court Rules applies.

(2) The issuance of a certificate of child adopted through full adoption referred to in Article 15 (1) 5 shall be requested only in cases falling under any of the following subparagraphs:

1. Where a fully adopted child files such an application when he/she reaches the age of majority;

2. Where the contracting parties to a marriage intends to inquire into kinship

Article 14

referred to in Article 809 of the Civil Act;

3. Where there is a commissioning by the court for inquiry into facts, or an investigation agency files a written application for investigative purposes;

4. Other cases prescribed by the Supreme Court Rules.

(3) A person who requests the issuance of a certificate pursuant to paragraphs (1) and (2) shall pay applicable fees, and in the case of requesting to forward the certificate, he/she shall pay for postage in addition thereto.

(4) When the head of a Si/Eup/Myeon deems that the request referred to in paragraphs (1) and (2) has been made for unjust purposes, such as infringement upon the privacy of a person on the register, he/she may refuse to issue such certificate.

(5) A person who request for the submission of a certificate issued regarding the matters entered in registers, etc. prescribed in Article 15 shall request the certificate containing the minimum registered matters necessary to achieve the intended purpose of use. The certificate submitted shall not be used for any other purpose than the original purpose. <Newly Inserted by Act No. 9832, Dec. 29, 2009>

(6) Paragraphs (1) through (5) shall apply mutatis mutandis to the cases of issuance of certificates from closed registers.

Article 14

(7) The person him/herself or his/her spouse, parents and children may request the peruse through an electronic method, with regard to the whole or part of information recorded in the register, etc. as prescribed by the Supreme Court Rules: Provided, That with respect to the information recorded on the certificate of child adopted through full adoption, he/she may request the same when the child adopted through full adoption reaches the age of majority. <Newly Inserted by Act No. 11950, Jul. 30, 2013>

Article 14-2 (Issuance of Certificates through Internet)

(1) The affairs of issuing certificates for each of the registered matters may be processed through the internet.

(2) The person him/herself or his/her spouse, parents and children may request the issuance pursuant to paragraph (1).

(3) The scope, procedure and method, etc. of the issuance under paragraph (1) and other matters necessary therefor shall be prescribed by the Supreme Court Rules.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 14-3 (Issuance of Certificates through Unmanned Certificate Issuing Machines)

(1) The head of a Si/Eup/Myeon may handle the affairs of issuing certificates

Article 14-2 ~ 14-3

using a machine through which an applicant can enter information and have a certificate issued for each of the registered matters.

(2) The certificate pursuant to paragraph (1) shall be issued only to the person him/herself.

(3) The scope, procedure and method, etc. of the issuance under paragraph (1) and other matters necessary therefor shall be prescribed by the Supreme Court Rules.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 15 (Types of Certificates and Information to be Entered in Certificates)

(1) The types of certificates issuable with respect to information entered in registers, etc. and information to be entered therein are as mentioned in the following subparagraphs: Provided, That with respect to the information entered on foreigners, a certificate shall be issued stating the person’s name, sex, date of birth, nationality and alien registration number: <Amended by Act No. 9832, Dec. 29, 2009; Act No. 10279, May 4, 2010>

1. Certificate of family relations:

(a) Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person him/herself;

Article 15

(b) Name, sex, origin of surname, date of birth and resident registration number (in cases of adoption, adoptive parents shall be recorded as parent: Provided, That where an adoptive father who independently adopts a child has a marital relationship with the child's birth mother, the adoptive father and the birth mother shall be recorded as parents, and where an adoptive mother who independently adopts a child has a marital relationship with the child's birth father, the adoptive mother and the natural father shall be recorded as parents) of parents;

2. Basic certificate:

(a) Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person him/herself;

(b) Matters concerning birth, death, and loss, acquisition and reinstatement of nationality, etc. of the person him/herself;

3. Certificate of marital relations:

(a) Original domicile, name, sex, origin of surname, date of birth

Article 15

and resident registration number of the person him/herself;

(b) Name, sex, origin of surname, date of birth and resident registration number of the spouse;

4. Certificate of adoptive relations;

(a) Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person him/herself;

(b) Name, sex, origin of surname, date of birth and resident registration number of birth parents or adopted child;

5. Certificate of child adopted through full adoption:

(a) Original domicile, name, sex, origin of surname, date of birth and resident registration number of the person him/herself;

(b) Name, sex, origin of surname, date of birth and resident registration number of birth parents, adoptive parents or child adopted through full adoption;

Article 15

(2) Of all the matters entered in a certificate under each subparagraph of paragraph (1), only some of the matters can be entered in the certificate to be issued. In such cases, the necessary matters concerning the information entered in the certificate shall be prescribed by the Supreme Court Rules. <Newly Inserted by Act No. 9832, Dec. 29, 2009>

(3) Other certificates concerning family relations and necessary matters concerning information on family relations shall be prescribed by the Supreme Court Rules.

CHAPTER III RECORDS OF REGISTERS

Article 16 (Recording Procedure of Registers)

Registers shall be kept of reports, notices, applications, certified copies of certificates, certified copies of log books, or written judgments.

Article 17 (Person without Register)

In cases of recording registered matters concerning a person whose family relations are not registered, a new register shall be prepared.

Article 18 (Correction to Register)

Article 16 ~ 18

(1) The head of a Si/Eup/Myeon shall, when he/she becomes aware that the information recorded in a register is legally invalid or there are errors or omissions in the register, notify the person who filed the report or the person directly involved with the report case of such fact without delay: Provided, That the same shall not apply to cases where such errors or omissions have been caused by a mistake made by the head of a Si/Eup/Myeon.

(2) Where it is not possible to issue such notice as mentioned in paragraph (1), or where, despite the issuance of notice, no person has applied for a correction to the register, or where the errors or omissions in the register have been caused by a mistake made by the head of a Si/Eup/Myeon, the head of the Si/Eup/Myeon may, upon the permission of the supervisory court, correct such record ex officio: Provided, That in cases of minor matters prescribed by the Supreme Court Rules, the head of the Si/Eup/Myeon concerned shall make corrections ex officio and report such fact to the supervisory court. <Amended by Act No. 11950, Jul. 30, 2013>

(3) Where a public official working for the State or local governments becomes aware that there are errors or omissions in the register in the course of carrying out his/her duties, he/she shall, without delay, notify the head of the Si/Eup/Myeon to which the original domicile of the person directly involved with the reporting belongs of such fact. In such cases, the head of the Si/Eup/Myeon concerned shall handle the matter

Article 18

in accordance with paragraphs (1) and (2).

Article 19 (Change in Administrative Districts, Names, etc. Entered in Registers)

(1) In cases where there is any change in administrative districts or the names of land, the records of a register shall be considered to have been corrected accordingly. In such cases, the head of the Si/Eup/Myeon concerned shall correct the relevant records accordingly.

(2) The head of a Si/Eup/Myeon shall, if there is any change in land numbers, correct the relevant records of registers accordingly.

CHAPTER IV REPORT

SECTION 1 Common Provisions

Article 20 (Place of Report)

(1) A report prepared pursuant to this Act may be filed at the original domicile of the person to a reporting or at the domicile or present address of the person who files such report.

(2) A report regarding a foreigner may be filed at the place of his/her residence, or at the domicile or present address of the person who files such report. <Amended by Act No. 10279, May 4, 2010>

Article 21 (Report, etc. of Birth and Death through Dong Offices)

Article 19 ~ 21

(1) The report of birth or death in a Si may, when the place of the report is the same as the place of citizen registration of the person to the reporting or the place where the person to the reporting is to register his/her citizen registration, be filed through a Dong office which has jurisdiction over the place of citizen registration of the person to the reporting or the place where the person to the reporting is to register his/her citizen registration.

(2) In cases of paragraph (1), the head of the Dong shall accept the report on behalf of the head of the Si to which it belongs, forward it to the head of the Si to which it belongs and handle other registration affairs as prescribed by the Supreme Court Rules.

Article 22 (Cases where Being Registered Became Known after Reporting)

In cases where after a report on a person with regard to whom it is unclear whether they are registered, or on a person who is not registered or is unable to be registered has been accepted, it is discovered that the person has already been registered or has become possible for the person to be registered, a reporter or the person to the report case shall notify the head of a Si/Eup/Myeon who accepted the first report of the fact, indicating the accepted report case within one month from the date on which the fact became known.

Article 23 (Method of Filing Reports)

Article 22 ~ 23

(1) A report may be filed in writing or by oral statement.

(2) In cases where the person to a reporting fails to be present at a Si/Eup/Myeon with respect to a registration which takes effect through reporting, he/she shall present his/her citizen registration card, driver's license, passport or other identification prescribed by the Supreme Court Rules (hereafter referred to as "identification" in this paragraph) or attach a certificate of seal impression of the person to the reporting to a written report. In this case, if the person to a reporting fails to present identification of his/her own or fails to attach a certificate of his/her seal impression, such report shall not be accepted.

Article 23-2 (Reporting through Electronic Documents)

(1) Notwithstanding Article 23, reporting concerning the registration as prescribed by the Supreme Court Rules (including the application for a correction to the register; hereafter this shall apply in this Article) may be made in the form of electronic documents using a computerized information processing system.

(2) The reporting made pursuant to paragraph (1) shall be handled by the head of a Si/Eup/Myeon of the original domicile of the person him/herself: Provided, That where the original domicile of the person him/herself is nonexistent, the head of a Si/Eup/Myeon of the domicile of the reporting person shall handle the aforementioned reporting; and in cases of a reporting concerning a foreigner, the head of a Si/Eup/Myeon

Article 23-2

of the foreigner’s place of residence shall handle the same.

(3) The reporting made pursuant to paragraph (1) shall be deemed to have been filed and received when the information prescribed under this Act and the Supreme Court Rules is stored in the computerized information processing system.

(4) The notification of non-acceptance of the reporting made pursuant to paragraph (1) may be issued in the form of electronic documents using the computerized information processing system, notwithstanding Article 43.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 23-3 (Electronic Confirmation of Attached Documents)

(1) When the head of a Si/Eup/Myeon is able to confirm the information concerning an attached document by using a computerized information processing system which handles registration-related affairs, such confirmation shall be deemed attachment of the said document concerned, in lieu of an actual attachment.

(2) Types of the attached documents that can be confirmed pursuant to paragraph (1) shall be prescribed by the Supreme Court Rules.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 24 (Report Forms)

Article 23-3 ~ 24

Report forms shall be prescribed by the established Supreme Court Rules. In this case, when a report on registration of family relations substitutes for any report prescribed by other statutes, the Supreme Court shall, when it prescribes the report forms concerned, consult in advance with the heads of ministries and offices concerned.

Article 25 (Matters to be Entered in Reports)

(1) The following matters shall be entered in a report, and the person who files a report shall write his/her name on the report, sign his/her name and affix his/her seal thereto:

1. Events to be reported;

2. Date of report;

3. Date of birth, citizen registration number, original domicile and address of the person filing a report;

4. Original domicile, address, name, date of birth and citizen registration number of the person to a reporting in cases where the person filing the report is someone other than the person to the reporting.

(2) In cases where a citizen registration number has been entered in a report document at the time when the report document is prepared pursuant to this Act, the date of birth may be omitted.

Article 26 (Where a Person Obliged to Report is Minor or Incompete

Article 25 ~ 26

nt under the Adult Guardianship)

(1) Where a person who is obliged to file a report is a minor or an incompetent under the adult guardianship, a person who exercises parental authority, a guardian of a minor, or an adult guardian shall be responsible for filing the report: Provided, That it shall not preclude reporting by a minor or incompetent.

(2) Where the person who exercises parental authority, a guardian of a minor, or an adult guardian files a report pursuant to the main sentence of paragraph (1), the following matters shall be entered in the report:

1. Name, date of birth, citizen registration number and original domicile of the minor or incompetent under the adult guardianship who is obliged to be reported on;

2. The fact that a person to be reported is the minor or incompetent under the adult guardianship;

3. The fact that the person who files a report is the person who exercises parental authority, a guardian of a minor, or an adult guardian.

[This Article Wholly Amended by Act No. 11950, Jul. 30, 2013]

Article 27 (Report by Minor or Incompetent under the Adult Guardianship Who Is Entitled to Act without Consent of his/her Legal Repr

Article 27

esentative)

(1) A minor or incompetent under the adult guardianship shall report an act he/she can carry out without consent of his/her legal representative on his/her own behalf.

(2) Where an incompetent under the adult guardianship files a report, a diagnostic certificate shall be attached to the report, which certifies that he/she has an ability to understand the nature and effects of the reporting.

[This Article Wholly Amended by Act No. 11950, Jul. 30, 2013]

Article 28 (Reports Requiring Witnesses)

In cases of reporting requiring witnesses, the witnesses shall enter their citizen registration numbers and addresses in the report and write their names on the report, or sign and seal the report.

Article 29 (Matters Unapplicable or Unknown to Reporters)

In cases where matters to be entered in a report do not apply or are unknown, the reporter shall state the purport thereof: Provided, That the head of a Si/Eup/Myeon shall not accept any report in which matters considered particularly important from among matters required to be stated in the report for legal purposes are not entered.

Article 30 (Matters to be Entered other Than those Prescribed by S

Article 28 ~ 30

tatutes)

In addition to matters prescribed by this Act or other statutes, if any details are needed to clarify matters to be entered in the register, such details shall also be entered in the report.

Article 31 (Verbal Report, etc.)

(1) If a reporter desires to file a report verbally, he/she shall be present at the office of a Si/Eup/Myeon and orally state the matters to be entered in the report.

(2) The head of a Si/Eup/Myeon shall record the reporter's oral statement and date of report, read out the statement to the reporter and have the reporter write his/her name on the report, or sign and seal the report.

(3) In cases under paragraphs (1) and (2), when the reporter is unable to appear due to illness or other incidents, a person other than the reporter may report by proxy: Provided, That the same shall not apply to reports referred to in Articles 55, 56, 61, 63, 71 and 74.

Article 32 (Report of Cases Requiring Consent, Approval or Permission)

(1) In cases of a reporting which requires the consent or approval of a father, mother, or other person, documents to prove such consent

Article 31 ~ 32

or approval shall be aached o he repor. In such cases, in lieu of the aforementioned attachment, the person who has given consent or granted approval may state the reason therefor in the report and write his/her name on the report, or sign and seal the report. <Amended by Act No. 11950, Jul. 30, 2013>

(2) Where a judgment or permission of the governmental or public offices is required with respect to a reporting, reporter, reported matters, etc., a certified copy of the judgment or permission shall be attached to the report.

Article 33 (Provisions Applicable Mutatis Mutandis to Reports)

Provisions pertaining to reports shall apply mutatis mutandis to the written statement as referred to in Articles 31 (2) and 32 (1).

Article 34 (Filing Reports in Foreign Countries)

A national of the Republic of Korea in the territory of a foreign country may, as prescribed by this Act, file a report or application with the head of an embassy or consulate outside of the Republic of Korea (hereinafter referred to as "Korean embassy or consulate abroad") who has jurisdiction over the region concerned.

Article 35 (Certified Copy of Certificate Prepared in Foreign Form)

(1) In cases where

Article 33 ~ 35

a national of the Republic of Korea in the territory of a foreign country has prepared documentary evidence concerning a reporting by the method adopted by the foreign country, he/she shall submit a certified copy of the documentary evidence to the head of a Korean embassy or consulate abroad who has jurisdiction over the region concerned, within three months.

(2) In cases where the region in which a national of the Republic of Korea is does not belong to the jurisdiction of any Korean embassy or consulate abroad, a certified copy of documentary evidence shall be forwarded to the head of the Si/Eup/Myeon of his/her original domicile within three months.

Article 36 (Forwarding of Documents Accepted in Foreign Countries)

If the head of a Korean embassy or consulate abroad accepts documents pursuant to Articles 34 and 35, he/she shall forward them to the head of a Si/Eup/Myeon of the original domicile of the person him/herself through the Minister of Foreign Affairs within one month. <Amended by Act No. 11690, Mar. 23, 2013>

Article 37 (Point for Counting Reporting Period)

(1) The reporting period shall be counted, starting from the date on which a reporting occurred.

(2) In cases where a court decision is affirmed before the forwarding or issuance

Article 36 ~ 37

of the court decision even though the reporting period is to be counted, starting from the date on which the court decision is affirmed, it shall be counted from the date on which such forwarding or issuance takes place.

Article 38 (Peremptory Notice to File Report)

(1) In cases where the head of a Si/Eup/Myeon discovers a person who has failed to report, he/she shall issue a peremptory notice to the person responsible for filing the report to file such report within a specified period of time.

(2) In cases where the person responsible for filing a report fails to file the report within the period of time referred to in paragraph (1), the head of the Si/Eup/Myeon concerned may issue a further peremptory notice to such person.

(3) Article 18 (2) shall apply mutatis mutandis to cases where it is not possible to issue the peremptory notice referred to in paragraph (2) or where a report is not filed in spite of a peremptory notice having been issued, and paragraph (3) of the same Article shall apply mutatis mutandis to cases where a national public official or local government public official discovers a person who has failed to report.

Article 39 (Ex-Post Supplementation of Report)

The head of a Si/Eup/Myeon shall, if it is not possible to record accepted reports in the register due to a defect in the report, cause the person responsible for filing such report to supplement it. In this case, Article 38 shall apply mutatis mutandis.

Article 38 ~ 39

Article 40 (Report after Lapse of Reporting Period)

The head of a Si/Eup/Myeon shall accept a report even when the reporting period has elapsed.

Article 41 (Report which Arrives after Death of Reporter)

(1) The head of a Si/Eup/Myeon shall accept a report forwarded at a point in time when the reporter was alive even if it arrives after the reporter is deceased.

(2) In cases of reports accepted pursuant to paragraph (1), such reports shall be considered to have been reported at the time of the reporter's death.

Article 42 (Certificate of Acceptance or Non-Acceptance of Report and Public Reading of Documents)

(1) A reporter may request a certificate as to the acceptance or non-acceptance of a report.

(2) A person having any interest may request a public reading of a report or other accepted documents or a certificate concerning the matters entered in such documents to the head of a Si/Eup/Myeon.

(3) In cases of requests for certificates, fees shall be paid.

(4) A person having

Article 40 ~ 42

any interest may request a public reading of reported documents which are kept in the court.

(5) The provisions of Article 14 (1) through (4) shall apply mutatis mutandis to the qualification, scope, etc. of the person having any interest as referred to in paragraphs (2) and (4).

Article 43 (Notice of Non-Acceptance of Report)

The head of a Si/Eup/Myeon shall, when he/she rejects a report, issue notice to the reporter in writing without delay, stating the grounds therefor.

SECTION 2 Birth

Article 44 (Matters to be Entered in Report of Birth)

(1) Reports of birth shall be filed within one month from the date of birth.

(2) The following matters shall be entered in a report of birth: <Amended by Act No. 10275, May 4, 2010; Act No. 10279, may 4, 2010>

1. Name, origin of surname, sex and original domicile of the child;

2. Whether the child was born in or out of wedlock;

3. Date and place of birth;

Article 43 ~ 44

4. Name, origin of surname, original domicile and resident registration number of the parents (name, date of birth, nationality and alien registration number in cases where the father or mother is a foreigner);

5. In cases of agreements pursuant to the proviso to Article 781 (1) of the Civil Act, such fact;

6. Where the child has multi-nationality, such fact and foreign nationality that the child has acquired.

(3) The name of the child shall be written by using the Korean alphabet or commonly used Chinese characters. The scope of commonly used Chinese characters shall be determined by the Supreme Court Rules.

(4) The report of birth shall be accompanied by a birth certificate prepared by a doctor, midwife or any other person involved in the delivery: Provided, That the same shall not apply where unavoidable causes exist.

Article 45 (Place of Report of Birth)

(1) The report of birth may be filed at the place of birth.

(2) The report of birth may, if the child was born in a train or any other means of transportation, be filed at the place where the mother left such means of transportation and if the child was born in a ship where a log-book was not kept, at the port at which the ship first arrived.

Article 45

Article 46 (Person Responsible for Filing Report)

(1) The report of birth of a child born within wedlock shall be filed by the father or by the mother.

(2) The report of birth of a child born out of wedlock shall be filed by the mother.

(3) In cases where the person to file a report pursuant to paragraph (1) or (2) is unable to file such report, the persons falling under any of the following subparagraphs shall file the report in the order under the following subparagraphs:

1. Relatives living together;

2. Doctor, midwife or any other person involved in the delivery.

Article 47 (Cases where Lawsuit for Denial of Paternity is Raised)

Even when a lawsuit for the denial of paternity is raised, the report of birth shall be filed.

Article 48 (Cases where Court Determines Fatherhood)

(1) In cases where the court is to determine the father of a child in accordance with Article 845 of the Civil Act, the report of birth shall be filed by the mother.

Article 46 ~ 48

(2) Article 46 (3) shall apply mutatis mutandis to cases under paragraph (1).

Article 49 (Birth during Voyage)

(1) Where birth occurs during a voyage, the captain of the ship shall enter the matters referred to in Article 44 (2) in the ship's log-book and write his/her name thereon, or sign and seal the log-book within 24 hours thereof.

(2) When the ship arrives at a port in the Republic of Korea after the procedure referred to in paragraph (1) has been completed, the captain of the ship shall, without delay, forward a certified copy of the log-book concerning the birth to the head of a Si/Eup/Myeon of the place where the harbor is located.

(3) Where the ship arrives at a harbor in a foreign country, the captain of the ship shall, without delay, forward a certified copy referred to in paragraph (2) to the head of a Korean embassy or consulate abroad having jurisdiction over the region, and the head of the embassy or consulate abroad shall, without delay, forward the certified copy to the head of a Si/Eup/Myeon of the original domicile through the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>

Article 50 (Birth at Public Facilities)

In cases where birth occurs at a hospital, prison or any other facility, the

Article 49 ~ 50

ad or administrator of t facility concerned shall file the report of birth, if the father or the mother is unable to file the report of birth.

Article 51 (Cases where Child Dies before Filing Report of Birth)

In cases where a child dies before filing the report of birth, the report of death shall be filed together with the report of birth.

Article 52 (Abandoned Children)

(1) A person who has found an abandoned child or a national police official who has received a notice of found abandoned child, he/she shall notify the head of the Si/Eup/Myeon concerned of the fact within twenty four hours.

(2) The head of the Si/Eup/Myeon concerned who has received the notice referred to in paragraph (1) shall enter details of the child's belongings, the place where the child was found, date found, other circumstances, sex and estimated date of birth in the record. In this case, such record shall be considered as a report.

(3) The head of the Si/Eup/Myeon concerned shall, after establishing a new surname and origin of surname of the abandoned child in accordance with Article 781 (4) of the Civil Act, determine the child's name and original domicile and record them in the register.

Article 53 (Cases where Parents Finds Abandoned Child)

Article 51 ~ 53

(1) In cases where the father or the mother has found his/her abandoned child, he/she shall file a report of birth within one month and apply for correction of the register.

(2) In cases under paragraph (1), the head of the Si/Eup/Myeon concerned shall verify the correction.

Article 54 (Cases where Abandoned Child is Dead)

In cases where an abandoned child is dead before the procedure referred to in Article 52 (1) or 53 is taken, such procedure shall be taken concurrently with the filing of the report of death.

SECTION 3 Recognition

Article 55 (Matters to be Entered in Report of Recognition)

(1) The following matters shall be entered in a report of recognition: <Amended by Act No. 10279, May 4, 2010>

1. Name, sex, date of birth, resident registration number and original domicile of the child (name, sex, date of birth, nationality and alien registration number where the child is a foreigner);

2. Where a dead child is recognized, date of death of the child, and name, date of birth, resident registration number and original domicile of the child's lineal descendants;

Article 54 ~ 55

3. Where a father recognizes a child, the name, original domicile and resident registration number of a mother;

4. Where the surname and origin of surname are maintained before recognition, the purport and details thereof;

5. Where the person in paternal authority has been determined in accordance with Article 909 (4) or (5) of the Civil Act, the purport and details thereof.

(2) In cases under paragraph (1) 4 or 5, documents to prove the details shall be attached to the report: Provided, That where a decision of the family court on permission of continuous use of surname and origin of surname or a trial to determine the person in paternal authority has been concluded, Article 58 shall apply mutatis mutandis.

Article 56 (Recognition of Unborn Child)

In cases where a child in the womb is discovered, the purport thereof, and the name and original domicile of the mother shall be entered in the report.

Article 57 (Recognition by Report of Birth)

In cases where the father of a child born out of wedlock has filed a report of birth, the report shall be recognized.

Article 58 (Recognition by Court Decision)

(1) In cases where

Article 56 ~ 58

a court decision on recognition has been affirmed, the person who raised such lawsuit shall file a report on the purport thereof, attaching a certified copy of written judgment and a certificate of the final decision within one month from the date on which the final decision is made.

(2) The report referred to in paragraph (1) shall include the date of the final decision.

(3) In cases under paragraph (1), the adversary in the lawsuit for recognition may also file a report on the purport of court decision on recognition, attaching a certified copy of written judgment and a certificate of the final decision. In this case, paragraph (2) shall apply mutatis mutandis.

Article 59 (Recognition by Will)

In cases of recognition by will, the executor of the will shall file a report in accordance with Article 55 or 56 within one month from the date on which he/she has assumed his/her duty, attaching a certified copy of the will concerning the recognition or a document in which sound recording of the will is stated.

Article 60 (Stillbirth of Child Already Recognized)

In cases where a recognized child was born as a stillborn child, the person responsible for filing a report of birth shall file the report within one month from the date on which he/she became aware of such fact: Provided, That in cases where the executor of a will has filed the report referred to in Article 59,

Article 59 ~ 60

the executor of a will shall file such report.

SECTION 4 Adoption

Article 61 (Matters to be Entered in Report of Adoption)

The following matters shall be entered in a report of adoption: <Amended by Act No. 10279, May 4, 2010>

1. Name, origin of surname, date of birth, resident registration number and original domicile of the person to adoption (name, date of birth nationality and alien registration number when the person to adoption is a foreigner) and sex of the adoptee;

2. Name, resident registration number and original domicile of the birth parents of the adoptee.

Article 62 (Report of Adoption)

(1) Where an adoptee is under 13 years of age, his/her legal representative who assented to the adoption in accordance with Article 869 (2) of the Civil Act shall file the report of adoption.

(2) Where a minor is adopted pursuant to Article 867 of the Civil Act or where an incompetent under the adult guardianship adopts or becomes an adoptee pursuant to Article 873 of the same Act, a written permission of the family court shall be attached.

(3) Where a judgement

Article 61 ~ 62

in lieu of the consent of parents is rendered pursuant to Article 871 (2) of the Civil Act, a written statement of the family court’s judgement shall be attached.

[This Article Wholly Amended by Act No. 11950, Jul. 30, 2013]

SECTION 5 Dissolution of Adoptive Relations

Article 63 (Matters to be Entered in Report of Dissolution of Adoptive Relations)

The following matters shall be entered in a report of dissolution of adoptive relations: <Amended by Act No. 10279, May 4, 2010>

1. Name, origin of surname, date of birth, resident registration number and original domicile of the person to adoption (name, date of birth, nationality and alien registration number when the person to adoption is a foreigner) and sex of the adoptee;

2. Name, original domicile and resident registration number of the birth parents of the adoptee.

Article 64 Deleted. <by Act No. 11950, Jul. 30, 2013>

Article 65 (Provisions Applicable Mutatis Mutandis)

(1) Article 63

Article 63 ~ 65

shall apply mutatis mutandis to reports of annulment of adoption.

(2) Article 58 shall apply mutatis mutandis to cases where a court decisionon annulment of adoption has been affirmed.

Article 66 (Provisions Applicable Mutatis Mutandis)

@Article 58 shall apply mutatis mutandis to cases where a judgment on the termination of adoptive relations becomes final and conclusive.

SECTION 6 Adoption of Child through Full Adoption and Dissolution of Adoptive Relations

Article 67 (Report of Adoption of Child through Full Adoption)

(1) A person who intends to adopt a child through full adoption in accordance with Article 908-2 of the Civil Act shall file a report referred to in Article 61, attaching a certified copy of written judgment and a certificate of final decision within one month from the date on which the court decision on the adoption of a child through full adoption is affirmed.

(2) The report referred to in paragraph (1) shall include the date of the final decision.

Article 68 (Provisions Applicable Mutatis Mutandis)

Article 66 ~ 68

@Article 58 shall apply mutatis mutandis to the reports of adoption of a child through full adoption.

Article 69 (Reports of Dissolution of Adoptive Relations of Children Adopted through Full Adoption)

(1) In cases where a court decision on dissolution of full adoption is affirmed in accordance with Article 908-5 of the Civil Act, the person who raised the lawsuit shall file a report on the purport thereof, attaching a certified copy of written judgment and a certificate of final decision within one month from the date on which the final decision is affirmed.

(2) The report referred to in paragraph (1) shall include the date of the final decision.

(3) In cases under paragraph (1), the adversary in the lawsuit may also file a report on the purport of the court decision on the dissolution of full adoption, attaching a certified copy of written judgment and a certificate of final decision. In such cases, paragraph (2) shall apply mutatis mutandis.

Article 70 (Provisions Applicable Mutatis Mutandis)

@Article 69 shall apply mutatis mutandis to cases where a judgment on the annulment of adoption of a child through full adoption becomes final and conclusive.

SECTION 7 Marriage

Article 69 ~ 70

Article 71 (Matters to be Entered in Reports of Marriage, etc.)

The following matters shall be entered in a report of marriage: Provided, That in cases under subparagraph 3, an agreement of the parties to a marriage shall be attached thereto: <Amended by Act No. 10279, May 4, 2010>

1. Name, origin of surname, date of birth, resident registration number and original domicile of the parties to a marriage (name, date of birth, nationality and alien registration number when any party to a marriage is a foreigner);

2. Name, original domicile and resident registration number of the parents and adoptive parents of the parties to a marriage;

3. Where there is an agreement pursuant to the proviso to Article 781 (1) of the Civil Act, such fact;

4. The fact that the marriage does not constitute a consanguineous marriage pursuant to Article 809 (1) of the Civil Act.

Article 72 (Marriage by Court Decision)

In cases where a court decision on the conformation of existence of de facto marital relations has been affirmed, the person who filed such action shall file a report referred to in Article 71, attaching a certified copy of written judgment and a certificate

Article 71 ~ 72

of final decision within one month from the date of such final decision.

Article 73 (Provisions Applicable Mutatis Mutandis)

@Article 58 shall apply mutatis mutandis to cases where a judgement on the annulment of marriage becomes final and conclusive.

SECTION 8 Divorce

Article 74 (Information to be Entered in Reports of Divorce)

A report of divorce shall include the following information: <Amended by Act No. 10279, May 4, 2010>

1. Name, origin of surname, date of birth, resident registration number and original domicile of the parties to a divorce (name, nationality and alien registration number when any party to a divorce is a foreigner);

2. Name, original domicile and resident registration number of the parents and adoptive parents of the parties to a divorce;

3. Where the person having parental authority is determined in accordance with Article 909 (4) and (5) of the Civil Act, the details thereof.

Article 75 (Confirmation of Divorce by Agreement)

(1) Where a person

Article 73 ~ 75

intends to divorce by agreement, he/she shall file a report with confirmation of the family court which has jurisdiction over the person's original domicile or address: Provided, That where the person does not reside in the State, such confirmation shall be made at the Seoul Family Court.

(2) The report referred to in paragraph (1) shall be filed within three months from the date on which a certified copy of confirmation is issued or delivered by the family court, attaching the certified copy of the confirmation thereto.

(3) Where the period as specified in paragraph (2) has elapsed, the confirmation by the family court shall be invalid.

(4) Necessary matters concerning the procedure of confirmation by a family court and filing a report shall be prescribed by the Supreme Court Rules.

Article 76 (Provisions to be Deemed)

In cases where a certified copy of confirmation of intention to divorce by the family court is attached to the report of divorce by agreement, it shall be deemed to have been jointly signed by two adult witnesses in accordance with Article 836 (2) of the Civil Act.

Article 77 (Provisions Applicable Mutatis Mutandis)

@Article 74 shall apply mutatis mutandis to the report of annulment of marriage.

Article 76 ~ 77

Article 78 (Provisions Applicable Mutatis Mutandis)

@Article 58 shall apply mutatis mutandis to cases where a judgment on divorce becomes final and conclusive.

SECTION 9 Parental Authority and Guardianship

Article 79 (Reports, etc. of Designation and Change of Person Having Parental Authority)

(1) When a father and mother have designated a person to exercise parental authority in accordance with Article 909 (4) of the Civil Act, they shall report such fact within one month of such designation. Where one parent files such report, documents proving such fact shall be attached thereto.

(2) When a judgment issued under each of the following subparagraphs becomes final and conclusive, a person who requested such judgment, a person who is designated as a person having parental authority or a person acting on behalf of the person with parental authority for the concerned matter shall report the details thereof. In such cases, Article 58 shall apply mutatis mutandis to the reporting period, the documents to be attached to the written report, etc.: <Amended by Act No. 11950, Jul. 30, 2013>

1. A judgment on the loss, waiver, or reinstatement of parental authority

Article 78 ~ 79

or the right of management;

2. A judgment on the designation or change of person with parental authority in accordance with Article 909 (4) through (6) of the Civil Act;

3. A judgment, pursuant to Articles 909-2 (including the cases of application mutandis mutatis in accordance with Article 927-2 (1) of the Civil Act), 927-2 (2) and 931 (2) of the Civil Act, on designation or appointment of a person having parental authority or a person acting on behalf of the person with parental authority for the concerned matter.

Article 80 (Reports of Commencement of Guardianship for Minors)

(1) A report of commencement of guardianship for a minor shall be filed by the minor’s guardian within one month from the date on which the guardian assumes his/her duties.

(2) The report shall include the following matters:

1. Name, date of birth, citizen registration number, and original domicile of the minor and his/her guardian (when the party is a foreigner, referring to his/her name, date of birth, nationality, and foreign registration number);

2. Cause and date of commencement of guardianship for a minor;

3. Date of commencement

Article 80

of the duty of a minor’s guardian.

[This Article Wholly Amended by Act No. 11950, Jul. 30, 2013]

Article 81 (Reports, etc. of Replacement of Guardian for Minors)

(1) Where a guardian for a minor has been replaced, the new guardian shall report the purport thereof within one month from the date of his/her assumption of duties. <Amended by Act No. 11950, Jul. 30, 2013>

(2) Article 80 (2) shall apply mutatis mutandis to the report referred to in paragraph (1).

(3) Where a minor’s guardian resigns or is replaced pursuant to Article 939 or 940 of the Civil Act, Article 79 (2) shall apply mutatis mutandis to a reporter, reporting period and the documents attached to the written reports, etc. In such cases, "a person who is designated as a person having parental authority or a person acting on behalf of the person with parental authority for the concerned matter" shall be deemed "an appointed guardian for a minor". <Amended by Act No. 11950, Jul. 30, 2013>

Article 82 (Appointment of Guardian for Minors by Will or Court Decision)

(1) Where a minor’s guardian has been appointed by will, the will concerning such appointment, a certified copy thereof, or documents stating the recorded contents of the will shall be attached to

Article 81 ~ 82

the reprt. <Amended by Act N. 11950, Jul. 30, 2013>

(2) Where a judgment on the appointment of a minor’s guardian exists, a certified copy of the written judgment shall be attached to the report. <Amended by Act No. 11950, Jul. 30, 2013>

Article 83 (Reports of Termination of Guardianship for Minors)

(1) The report of termination of guardianship for a minor shall be filed by the minor’s guardian within one month: Provided, That the same shall not apply where the guardianship for a minor is terminated as the minor attains the age of majority.

(2) The report shall include the following matters:

1. Name, original domicile, and citizen registration number of the minor and his/her guardian (when the party is a foreigner, referring to his/her name, nationality, and foreign registration number);

2. Cause and date of termination of guardianship for minor.

(3) Where the cause of termination of guardianship falls under Article 939 of the Civil Act or Article 940 of the same Act, a certified copy of the written judgment shall be attached.

[This Article Wholly Amended by Act No. 11950, Jul. 30, 2013]

Article 83-2 (Report on Commencement of Supervision of Guardianshi

Article 83 ~ 83-2

p for Minors)

(1) A report on the commencement of the supervision of guardianship for a minor shall be filed by the supervisor of the guardianship within one month from the date on which the supervisor initiates his/her duties.

(2) The report shall include the following matters:

1. Name, date of birth, citizen registration number, and original domicile of the supervisor of the guardianship for a minor, the guardian for a minor, and the minor (when the party is a foreigner, referring to his/her name, date of birth, nationality, and foreign registration number);

2. Cause and date of commencement of the supervision of guardianship for the minor;

3. Date of commencement of the duties of the supervisor of guardianship for the minor.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 83-3 (Reports, etc. on Replacement of Supervisor of Guardianship for Minors)

(1) Where a supervisor of guardianship for a minor has been replaced, the supervisor’s successor shall report the purport thereof within

Article 83-3

oe moth from the date of his/her assumptio of duties.

(2) Article 83-2 (2) shall apply mutatis mutandis to the report referred to in paragraph (1).

(3) Where a supervisor of guardianship for a minor resigns or is replaced pursuant to Article 939 or 940 of the Civil Act which is applied mutatis mutandis as prescribed in Article 940-7 of the Civil Act, Article 79 (2) shall apply mutatis mutandis to a reporter, reporting period, and the documents attached to the written reports, etc. In such cases, "a person who is designated as a person having parental authority or a person acting on behalf of the person with parental authority for the concerned matter" shall be deemed "an appointed supervisor of guardianship for a minor."

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 83-4 (Selection of Supervisor of Guardianship for Minors by Will or Court Decision)

Where a supervisor of guardianship for a minor has been selected by will or where a judgment on the appointment of a supervisor of guardianship for a minor is rendered, Article 82 shall apply mutatis mutandis to the documents attached to the written report.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

Article 83-5 (Reports on Termination of the Supervision of Guardia

Article 83-4 ~ 83-5

nship for Minors)

(1) The report on the termination of supervision of guardianship for a minor shall be filed by the supervisor of guardianship within one month: Provided, That the same shall not apply where the supervision of guardianship for a minor is terminated as the minor attains the age of majority.

(2) The report shall include the following matters:

1. Name, date of birth, citizen registration number, and original domicile of the supervisor of guardianship for the minor, the guardian for the minor, and the minor (when the party is a foreigner, referring to his/her name, date of birth, nationality, and foreign registration number);

2. Cause and date of the termination of supervision of guardianship for a minor.

[This Article Newly Inserted by Act No. 11950, Jul. 30, 2013]

SECTION 10 Death and Disappearance

Article 84 (Reports of Death and Matters to be Entered therein)

(1) A report of death shall be filed by a person as provided for in Article 85 within one month from the date on which such person becomes aware of the fact of death, attaching a medical certificate or death certificate thereto.

Article 84

(2) The following matters shall be entered in the report:

1. Name, sex, original domicile and citizen registration number of the deceased person;

2. Date and place of death.

(3) In cases where it is not possible to obtain a medical certificate or death certificate due to unavoidable reasons, it may be substituted by a document to prove such death. In such cases, the reason a medical certificate or death certificate was unavailable shall be stated in the report.

Article 85 (Persons Responsible for Filing Reports of Death)

(1) A report of death shall be filed by a relative who has been living with a deceased person.

(2) A report of death may also be filed by relatives, the person living together or a person who manages the place of death, or the head of the Dong, Tong or Ri in which the place of death is located.

Article 86 (Place of Reports of Death)

A report of death may be filed at the place of death, burial or cremation: Provided, That in cases where the place of death is uncertain, the report may be filed at the place where the dead body was first found, if death occurs in a train or any other means of transportation, at the place where the dead body was

Article 85 ~ 86

taken off uch mean of tranportation, and if death occurs on a ship which does not keep a log-book, at the port at which the ship first arrived.

Article 87 (Death Caused by Disaster)

In cases where a person dies due to flood, fire or other disasters, the governmental or public offices which conducted investigation thereof shall, without delay, notify the head of the Si/Eup/Myeon in which the place of death is located of such fact: Provided, That for death in foreign countries, such notice shall be issued to the head of a Si/Eup/Myeon in which the original domicile of the dead person is located.

Article 88 (Death by Execution and Death in Prison)

(1) In cases where an execution has taken place, the warden of the prison shall, without delay, notify the head of the Si/Eup/Myeon in which the prison is located of the fact of death.

(2) Paragraph (1) shall apply mutatis mutandis to cases where there is no person to accept the dead body of a person who died in prison. In such cases, a medical certificate or death certificate shall be attached to the notice.

Article 89 (Matters to be Entered in Notices)

The notices referred to in Articles 87 and 88 shall include the matters prescribed in Article 84 (2).

Article 87 ~ 89

Article 90 (Death of Persons whose Registration is Uncertain, etc.)

(1) In cases where it is uncertain whether the deceased person is registered or not, or the deceased person is not recognizable, a national police official shall, without delay, notify the head of the Si/Eup/Myeon in which the death occurred of the fact of death, preparing and attaching a postmortem report.

(2) In cases where the fact that the deceased person has been registered is discovered or the identity of the deceased person has become known, a national police official shall, without delay, notify the head of the Si/Eup/Myeon in which the death occurred of the purport thereof.

(3) In cases where, after the notice referred to in paragraph (1) has been issued, a person as prescribed in Article 85 becomes aware of the identity of the deceased person, he/she shall file the report of death within ten days from such date.

Article 91 (Provisions Applicable Mutatis Mutandis)

@Articles 49 and 50 shall apply mutatis mutandis to reports of death.

Article 92 (Reports of Adjudication on Disappearance)

(1) A report of adjudication on disappearance shall be filed by a person who

Article 90 ~ 92

requested such adjudicatin within ne mnth frm the date on which the final decision is affirmed, attaching a certified copy of written judgment and a certificate of the final decision thereto.

(2) The following matters shall be entered in a report of adjudication on disappearance:

1. Name, sex, original domicile and citizen registration number of a missing person;

2. Date of expiration as prescribed by Article 27 of the Civil Act.

(3) In cases where a court decision on annulment of adjudication on disappearance has been affirmed, Article 58 shall apply mutatis mutandis to a person who requested such court decision.

SECTION 11 Acquisition and Loss of Nationality

Article 93 (Notices, etc. of Acquisition of Nationality by Recognition, etc.)

(1) The Minister of Justice shall, when a person has acquired nationality of the Republic of Korea in accordance with Article 3 (1) of the Nationality Act or Article 11 (1) of the same Act, notify, without delay, the head of the Si/Eup/Myeon of the

Article 93

original domicile designated by the person who has acquired Korean nationality, of the matters prescribed by the Supreme Court Rules.

(2) The head of the Si/Eup/Myeon who has been issued the notice referred to in paragraph (1) shall prepare a register of the person who acquired Korean nationality.

Article 94 (Notices, etc. of Permission on Naturalization)

(1) The Minister of Justice shall, when he/she permits a foreigner to be naturalized as a national of the Republic of Korea in accordance with Article 4 of the Nationality Act, notify, without delay, the head of the Si/Eup/Myeon of the original domicile designated by the person who has been granted naturalization, of the matters prescribed by the Supreme Court Rules.

(2) The head of the relevant Si/Eup/Myeon who has been issued the notice referred to in paragraph (1) shall prepare a register of the person granted naturalization.

Article 95 (Notices, etc. of Reinstatement of Nationality)

(1) The Minister of Justice shall, when he/she has issued permission of reinstatement of nationality of the Republic of Korea in accordance with Article 9 of the Nationality Act, notify, without delay, the head of the Si/Eup/Myeon of the original domicile designated by the person whose nationality has been reinstated, of the matters prescribed by the Supreme Court Rules.

Article 94 ~ 95

(2) The head of the Si/Eup/Myeon who has been issued the notice referred to in paragraph (1) shall prepare a register of the person whose nationality has been reinstated: Provided, That in cases where there exists a register, etc. of the person whose nationality has been reinstated, he/she shall notify the head of the Si/Eup/Myeon of the original domicile as entered in the register, etc. of such matters.

Article 96 (Reports on Establishment of New Surname and Origin of Surname by Persons who Has Acquired Nationality)

(1) Where a person who employs a foreign surname has acquired the nationality of the Republic of Korea and intends to establish a new surname and origin of surname and cease to use the foreign surname, he/she shall obtain the permission of the family court having jurisdiction over his/her original domicile, address or the place which he/she intends to designate as his/her original domicile, and report such surname and origin of surname within one month from the date of receipt of a certified copy of such permission.

(2) In cases of reinstatement or re-acquisition of nationality of the Republic of Korea, the report of reinstatement of nationality or the report of re-acquisition of nationality may be filed by changing the name back to the Korean style name, which has been used previously.

(3) In cases of paragraph (2), the Korean style name, which has been used previously, shall be clarified in the report.

Article 96

(4) The report shall include the following matters:

1. Former surname;

2. Newly established surname and origin of surname;

3. Date of permission.

(5) A certified copy of permission referred to in paragraph (1) shall be attached to the report referred to in paragraph (4).

(6) In cases of paragraph (1), the family court may request, for hearing, the head of the state police office to conduct criminal background checks on the applicant for the establishment of a new surname and its origin; and the head of the state police office who receives such request shall, without delay, report the results of the aforementioned checks. <Newly Inserted by Act No. 11950, Jul. 30, 2013>

Article 97 (Matters to be Entered in Reports of Loss of Nationality)

(1) A report of loss of nationality shall be filed by the spouse or relatives within four degrees of relationship within one month from the date on which such fact is known.

(2) The following matters shall be entered in the report:

1. Name, citizen

Article 97

registration number and original domicile of the person whose nationality is lost;

2. Cause and date of loss of nationality;

3. In cases where a foreign nationality has been newly acquired, such nationality.

(3) A document to prove the loss of nationality shall be attached to the report referred to in paragraph (2).

(4) A person whose nationality is lost may file a report of loss of nationality in person.

Article 98 (Notice of Selection, etc. of Nationality)

(1) The Minister of Justice shall, if any cause falling under any of the following subparagraphs occurs, notify the head of the Si/Eup/Myeon of the original domicile of a person (original domicile as designated by the person where such person has no original domicile) of the matters prescribed by the Supreme Court Rules: <Amended by Act No. 10275, May 4, 2010>

1. Where the Minister of Justice accepts a report filed by a person with multi-nationality on his/her selection of the nationality of the Republic of Korea in accordance with Article 13 of the Nationality Act;

2. Where the Minister of Justice accepts a report of abandonment of nationality in accordance with Article 14 (1) of the Nationality

Article 98

Act;

3. Where a person proves to be a national of the Republic of Korea in accordance with Article 20 of the Nationality Act.

(2) Where a person who has proved to be a national of the Republic of Korea is not registered, the head of the relevant Si/Eup/Myeon who receives such notice shall prepare a register.

SECTION 12 Change of Name and Change of Surname and Origin of Surname

Article 99 (Reports on Change of Name)

(1) A person who intends to change his/her name shall obtain the permission of the family court having jurisdiction over his/her address (original domicile in cases of a national residing in a foreign country) and file a report within one month from the date of receipt of a certified copy of the permission.

(2) The report shall include the following matters:

1. Name before change;

2. Name after change;

3. Date of permission.

Article 99

(3) A certified copy of permission shall be attached to the report referred to in paragraph (2).

(4) In cases of paragraph (1), Article 96 (6) shall apply mutatis mutandis to the family court’s hearing. <Newly Inserted by Act No. 11950, Jul. 30, 2013>

Article 100 (Reports on Change of Surname and Origin of Surname)

(1) A person who intends to change the surname and origin of surname of his/her child in accordance with Article 781 (6) of the Civil Act shall file a report within one month from the date of the final court decision, attaching a certified copy of written judgment and a certificate of the final decision.

(2) The following matters shall be entered in the report:

1. Surname and origin of surname before change;

2. Surname and origin of surname after change;

3. Date of the final court decision.

SECTION 13 Establishment of Family Relation Register

Article 101 (Reports on Establishment of Family Relation Register)

Article 100 ~ 101

(1) A person who is not registered shall obtain the permission of the family court having jurisdiction over the place where he/she intends to be registered and file a report of the establishment of family relation register (hereinafter referred to as "establishment of register") within one month from the date of receipt of a certified copy of the permission.

(2) The report shall include the date on which permission for the establishment of a new register other than the information provided for in Article 9 (2) is granted.

(3) A certified copy of permission for the establishment of a new register shall be attached to the report referred to in paragraph (2).

(4) In cases of paragraph (1), Article 96 (6) shall apply mutatis mutandis to the family court’s hearing. <Newly Inserted by Act No. 11950, Jul. 30, 2013>

Article 102 (Reports on Establishment of New Registration of Family Relations by Lineal Blood Relatives)

In cases where a person who has obtained a court decision granting permission to establish a new registration fails to file a report of establishment of new registration, such report may be filed by the spouse or lineal blood relatives.

Article 103 (Reports on Establishment of New Registration by Court Decision)

Article 102 ~ 103

(1) In cases where a report of establishment of a new registration is to be filed by court decision, it shall be filed within one month from the date of final decision.

(2) The report shall include the date of final decision other than the matters provided for in Article 9 (2).

(3) A certified copy of court decision and a certificate of final decision shall be attached to the report referred to in paragraph (2).

CHAPTER V RECTIFICATION OF REGISTER

Article 104 (Rectification of Inadmissible Records Entered in Family Relations Register)

(1) When any record entered in the register is deemed inadmissible by law or there is an error or omission in such record, any interested person may apply for the rectification of the register, obtaining the permission of the family court having jurisdiction over the original domicile of the party to the case.

(2) In cases of paragraph (1), Article 96 (6) shall apply mutatis mutandis to the family court’s hearing. <Newly Inserted by Act No. 11950, Jul. 30, 2013>

Article 105 (Rectification of Records of Invalid Acts, which are Entered in Family Relations Register)

Article 104 ~ 105

(1) With respect to an act which takes effect through the filing of a report, where such act is unmistakably invalid even though it has been recorded in the register, the person who filed such report or the party to the reporting case may apply for rectification of the register after obtaining the permission of the family court having jurisdiction over the original domicile of the person to the case.

(2) In cases of paragraph (1), Article 96 (6) shall apply mutatis mutandis to the family court’s hearing. <Newly Inserted by Act No. 11950, Jul. 30, 2013>

Article 106 (Obligation to Apply for Rectification)

When a court decision on permission has been made in accordance with Articles 104 and 105, the rectification of register shall be applied with a certified copy of written judgement attached thereto within one month from the date of receipt of the certified copy of written judgment.

Article 107 (Rectification of Registers by Court Decision)

When a register is to be rectified according to a final court decision, the person who raised such legal action shall apply for rectification of the register within one month from the date of the final court decision, attaching a certified copy of the court decision and a certificate of such court decision thereto.

Article 108 (Provisions Applicable Mutatis Mutandis)

Article 106 ~ 108

@Articles 20 (1), 22, 25 through 27, 29 through 33 and 37 through 42 shall apply mutatis mutandis to the application for rectification of a register.

CHAPTER VI OBJECTION PROCEDURE

Article 109 (Application for Objection)

(1) Any interested person to an objection case may, with respect to any violation or unjust disposition by the head of a Si/Eup/Myeon, apply for objection to the family court having jurisdiction over such region.

(2) The family court which received the application referred to in paragraph (1) shall forward the documents concerning the application and may request the opinion of the head of the Si/Eup/Myeon concerned.

Article 110 (Measures Taken by Heads of Si/Eup/Myeon against Applications for Objection)

(1) The head of a Si/Eup/Myeon shall, when he/she deems that the application has a reasonable ground, alter the disposition without delay and notify the court and the person who filed the application of the purport thereof.

(2) When the application is deemed to have no reasonable ground, the head of the Si/Eup/Myeon concerned shall return the documents to the court without delay, attaching his/her opinion thereto.

Article 109 ~ 110

Article 111 (Decision of Court on Applications for Objection)

(1) The family court shall, when it deems that an application is without grounds, dismiss it and when it finds that reasonable grounds exist, order the head of the Si/Eup/Myeon concerned to take appropriate measures.

(2) A trial either to dismiss an application or to order a disposition shall be concluded by a decision, which shall be forwarded to the head of the Si/Eup/Myeon concerned, and to the applicant.

Article 112 (Appeal to Higher Court)

With respect to a decision of the family court, an appeal to a higher court in accordance with the Non-Contentious Case Procedure Act shall be permitted only by reason that the decision was made in violation of statutes.

Article 113 (Costs for Application for Objection)

With respect to costs for application for objection, the provisions of the Non-Contentious Case Procedure Act shall apply mutatis mutandis thereto.

CHAPTER VII FORWARDING OF REPORT DOCUMENTS AND SUPERVISION BY COURT

Article 114 (Forwarding of Report Documents, etc.)

Article 111 ~ 114

The head of a Si/Eup/Myeon shall forward report documents, etc. of which recording in a register is completed as prescribed by the Supreme Court Rules to the competent court with the exception of registration cases where it is not possible to record in a register.

Article 115 (Examinations of Report Documents, etc. and Orders for Rectification)

(1) The court shall, when it receives report documents, etc. forwarded by the head of a Si/Eup/Myeon, compare them with the matters recorded in the register and examine them without delay.

(2) The court may, when it finds any violation or unfairness in such report documents, etc., as a result of the examination referred to in paragraph (1), order the head of the Si/Eup/Myeon concerned to take necessary dispositions such as issuance of an order for rectification.

(3) Necessary matters concerning examination of report documents or order for rectification and procedure of keeping report documents shall be prescribed by the Supreme Court Rules.

Article 116 (Orders for Various Kinds of Reports, etc.)

With respect to the head of a Si/Eup/Myeon, the court may take necessary measures, such as order to file various kinds of reports on registration affairs.

Article 115 ~ 116

CHAPTER VIII PENALTY PROVISIONS

Article 117 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than three years or a fine not exceeding ten million won: <Amended by Act No. 11950, Jul. 30, 2013>

1. A person who violates Article 11 (6);

2. A person who violates Article 13 (2);

3. A person who peruses the matters entered in other persons’ registers, etc. or is issued a certificate by fraud or other improper means in violation of Articles 14 (1) and (2), (7), 14-2 or 14-3;

3-2. A person who peruses the documents reported by other persons or is issued a certificate concerning the matters stated in reported documents by fraud or other improper means in violation of Article 42;

4. A person who enters registration information on family relations into a computerized information processing system and changes them for processing without going through the procedures of obtaining authorization to handle registration affairs pursuant to this Act, or a person who discovers registration information on family relations by using technical

Article 117

means.

Article 118 (Penalty Provisions)

(1) A person who has filed a false report on matters which are not required to be included in the register or a person who falsely guarantees that the matters concerning report of registration are true shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won. <Amended by Act No. 12183, Jan. 7, 2014>

(2) Paragraph (1) shall also apply to persons who have filed a false report on the matters concerning foreigners.

Article 119 (Joint Penalty Provisions)

If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits an offense under Articles 117 and 118 with respect to the business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violations.

[This Article Wholly Amended by Act No. 10279, May 4, 2010]

Article 120 (Administrative Fines)

The head of a

Article 118 ~ 120

Si/Eup/Myeon who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding five hundred thousand won:

1. When he/she violates an order pursuant to Article 115 (2);

2. When he/she violates an order pursuant to Article 116.

Article 121 (Administrative Fines)

In cases where the head of a Si/Eup/Myeon has issued a peremptory notice of report or application, specifying a certain period of time in accordance with Article 38 or 108, the person who failed to file such report or application within the specified period of time without good cause shall be punished by an administrative fine not exceeding one hundred thousand won.

Article 122 (Administrative Fines)

When a person who is responsible for filing a report pursuant to this Act fails to file a report or application within a specific period of time without good cause, he/she shall be subject to an administrative fine not exceeding fifty thousand won.

Article 123 (Trials on Administrative Fines)

A trial on the administrative fine referred to in Article 120 shall be held in accordance with the Non-Contentious Case Procedure Act

Article 121 ~ 123

in the family court which has jurisdiction over the location of the office of the head of a Si/Eup/Myeon to impose administrative fines.

Article 124 (Imposition and Collection of Administrative Fines)

(1) The administrative fines referred to in Articles 121 and 122 shall be imposed and collected by the head of a Si/Eup/Myeon (in cases falling under Article 21 (2), referring to the head of a Si/Gu having jurisdiction over the Dong receiving the report of birth and report of death; hereafter the same shall apply in this Article) as prescribed by the Supreme Court Rules.

(2) Any person who is dissatisfied with the disposition of an administrative fine referred to in paragraph (1) shall raise an objection to the head of the Si/Eup/Myeon concerned within thirty days.

(3) When a person who has been subject to an administrative fine in accordance with paragraph (1) by the head of a Si/Eup/Myeon raises an objection in accordance with paragraph (2), the head of the relevant Si/Eup/Myeon shall notify the family court having jurisdiction over the address or place of the person who is subject to the disposition of an administrative fine without delay, and the family court which has received such notice shall hold a trial on the administrative fine in accordance with the Non-Contentious Case Procedure Act.

(4) When no objection is raised within the period referred to in paragraph

Article 124

(2) and an administrative fine is not paid, it shall be collected in the same manner as delinquent local taxes are collected.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2008: Provided, That the amended provisions of Articles 93 through 95 and 98 shall enter into force on September 1, 2008.

Article 2 (Repealed Act)

The Family Register Act shall be repealed: Provided, That the provisions of Articles 109, 109-2, 110 and 112-2 of the former Family Register Act shall apply to reports filed by persons who have acquired nationality of the Republic of Korea, persons whose nationalities have been reinstated or persons who have been naturalized as a national of the Republic of Korea until August 31, 2008, and to the notice by the Minister of Justice of persons who have abandoned nationality of the Republic of Korea in accordance with Article 14 (1) of the Nationality Act on condition that, when the above mentioned Articles of the Family Register Act are applied, Article 15 of the Family Register Act shall be deemed as Article 9 of this Act, and permanent domicile as original domicile.

Article 3 (Preparation, etc. of Registers)

(1) A register pursuant to Article 9 of this Act shall, in relation to the

Addenda

computerized family register compiled in accordance with Article 124-3 of the Family Register Act, be prepared, following the method of classifying the computerized data on family registers into individuals, based on matters recorded at the time when this Act enters into force.

(2) Computerized family registers compiled in accordance with Article 124-3 of the former Family Register Act shall be removed from the register concurrently when this Act enters into force.

(3) A family register which is transcribed through computerization in accordance with Articles 2 and 3 of the Addenda of Amendments to the Enforcement Rules of the Family Register Act, Supreme Court Rule No. 1911 (hereinafter referred to as "image computerized family register") shall, notwithstanding the provisions of paragraph (1), be removed from the register concurrently when this Act enters into force: Provided, That in cases where a reporting, etc. occurs a new register shall be prepared with respect to a person whose family register has been removed.

(4) In cases where a register is prepared in accordance with paragraph (1)and the proviso to paragraph (3), the permanent domicile entered in the previous family register shall be considered as the first original domicile pursuant to Article 10 of this Act.

(5) When a report, etc. which was filed pursuant to the provisions of the former Family Register Act are discovered to have been omitted

Addenda

from the register at the time when this Act enters into force after it was removed pursuant to paragraph (2), the register newly prepared in accordance with paragraph (1) shall be closed and at the same time, the register removed pursuant to paragraphs (2) and (3) shall be revived.

(6) When recording of the register revived pursuant to paragraph (5) is completed, it shall follow the provisions of paragraphs (1) through (3).

Article 4 (Transitional Measures for Book of Removed Entries, etc.)

Handling of registration affairs concerning a book of removed entries pursuant to the provisions of the former Family Register Act or computerized family registers removed pursuant to Article 3 of the Addenda and image computerized family registers (hereinafter referred to as "book of removedentries, etc.") shall comply with the provisions of the former Family Register Act, and the detailed procedures concerning rectification of registers thereby shall be prescribed by the Supreme Court Rules: Provided, That with respect to a person who has the right to request for inspection of book of removed entries, etc. or issuance of a transcript or abstract thereof, Article 14 (1) shall apply.

Article 5 (Transitional Measures for Decisions on Confirmation of Existence of de facto Martial Relations)

The provisions of

Addenda

Article 72 shall also apply to cases where a court decision has been conclusive as to confirmation of the existence of de facto marital relations before this Act enters into force: Provided, That it shall not have influence on the effect which arises pursuant to the provisions of the former Family Register Act.

Article 6 (Transitional Measures for Administrative Fines)

The collection and procedure for trials of administrative fines which have been imposed before this Act enters into force shall comply with the provisions of the former Family Register Act.

Article 7 (General Transitional Measures)

Any disposition, trial or other act and procedure which has been exercised pursuant to the former Family Register Act at the time when this Act enters into force shall be deemed to have been exercised pursuant to the relevant provisions of this Act if relevant provisions exist in this Act.

Article 8 Omitted.

Article 9 (Relations with Other Statutes)

In cases where other statutes cite the former Family Register Act or the provisions thereof at the time when this Act enters into force, it shall, if there exist any provisions corresponding to such provisions in this Act, be deemed to cite this Act or the corresponding provisions of this Act in lieu of the former

Addenda

povisions.

ADDENDA <Act No. 8541, Jul. 23, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 43 Omitted.

ADDENDA <Act No. 9832, Dec. 29, 2010>

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force two years after the date of its promulgation.

(2) (Applicability) The amended provisions of Articles 14 and 15 shall apply to the kinds of certificates of registers recorded before this Act enters into force and the matters entered in the certificates.

ADDENDA <Act No. 10275, May. 4, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2011. (Proviso Omitted.)

Articles 2 through 4 Omitted.

Addenda

ADDENDUM <Act No. 10279, May 4, 2010>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <Act No. 11690, Mar. 23, 2013>

Article 1 (Enforcement Date)

(1) This Act shall enter into on the date of its promulgation.

(2) Omitted.

Articles 2 through 7 Omitted.

ADDENDA <Act No. 11950, Jul. 30, 2013>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 (7), 23-2, 23-3 and 117 (limited to the matters concerning Article 14 (7)) shall enter into force one year after the date of its promulgation.

Article 2 (Transitional Measures concerning Incompetent, Etc. )

With respect to the persons who was declared incompetent or quasi-incompetent before this Act enters into force, the former provisions shall apply until the commencement of an adult guardianship,

Addenda

a limited guardianship a specific guardianship or the appointment of a supervisor of guardianship at will pursuant to the Civil Act, or until the passage of five years from the date of enforcement pursuant to Article 1 of Addenda of the partial amendment of the Civil Act (Act No. 10429).

ADDENDUM <Act No. 12183, Jan. 7, 2014>

This Act shall enter into force on the date of its promulgation.

Addenda