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STATUTES

THE REPUBLIC OF KOREA

Volume

ACT ON THE REGISTRATION, ETC. OF FAMILY RELATIONSHIPS

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

Act No. 12774, Oct. 15, 2014

Act No. 12878, Dec. 30, 2014

Act No. 13124, Feb. 3, 2015

Act No. 13285, May 18, 2015

Act No. 14169, May 29, 2016

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 1

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

Article 2 (Administration)

The Supreme Court shall administer affairs related to the registration of establishment of and changes in family relations and certification thereof (hereinafter referred to as "registration affairs").

Article 3 (Delegation of Authority)

(1) The Chief Justice of the Supreme Court shall delegate authority over registration 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 to the chief judge of a Family Court

Article 2 ~ 3

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 within the districts under his/her jurisdiction.

Article 4 (Processing of Registration)

Registration referred to in Article 3 shall be processed 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 of and change in family relations (hereinafter referred to as "registration") is received or accepted.

Article 4-2 (Special Cases concerning Registration of Korean Citizens in Foreign Countries)

(1) Notwithstanding Articles 3 and 4, the Chief Justice of the Supreme Court may authorize a court official of Grade IV, a court official of Grade V, a court administrative official, or a junior court administrative official (hereinafter referred to as “family relation registrar”) to process the registration of the citizens of the Republic of Korea residing or staying in foreign countries (hereinafter referred to as “Korean citizens residing abroad”).

(2) To process and facilitate the registration of Korean citizens residing abroad, Overseas Koreans Family Register Office shall be established in the National Court Administration and matters necessary

Article 4 ~ 4-2

for the organization, operation, etc. thereof shall be prescribed by the Supreme Court Regulations.

(3) Articles 3 (3), 5, 11, 14, 18, 22, 23-3, 29, 31, 38 through 43, 109 through 111, 114 through 116 of the regulations on registration promulgated by the head of Si/Eup/Myeon, shall apply mutatis mutandis to the registration to be processed by the family relation registrar who is working for Overseas Koreans Family Register Office.

[This Article Newly Inserted by Act No. 13124, Feb. 3, 2015]

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 on behalf of the head of a Si/Eup/Myeon.

Article 6 (Vesting of Fees, etc.)

(1) Fees and administrative fines to be paid pursuant to the provisions of this Act shall be appropriated as the revenue of a local government processing registration: Provided, That the same shall not apply in any of the following cases: <Amended by Act No. 13124, Feb. 3, 2015>

Article 5 ~ 6

1. Where a public official of the Central Control Office of Computerized Information issues a certificate pursuant to Article 12 (2);

1-2. Where a person pays a fee to the Overseas Koreans Family Register Office under Article 4-2;

2. Where the Family Court levies an administrative fine pursuant to Articles 120 and 123;

3. Where the 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 determined by the Supreme Court Regulations.

Article 7 (Bearing Expenses)

Expenses to be incurred for registration 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 Regulations)

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

CHAPTER II PREPARATION OF FAMILY RELATIONS REGISTERS AND PROCESSING OF REGISTRAT

Article 7 ~ 8

ION

Article 9 (Preparation of and Matters to Be Recorded in Family Relations 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 individually through a computerized information processing system (hereinafter referred to as "registered matters") according to the place of registration referred to in Article 10.

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

1. Place of registration;

2. Name, place of family origin, gender, date of birth and resident registration number;

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

4. Where a person 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, gender, date of birth, nationality, and alien registration number (in cases of a foreigner not registered as a foreigner, referring to

Article 9

the report number of the place of residence prescribed by the Supreme Court Regulations; hereinafter the same shall apply);

5. Other matters concerning family relations as prescribed by the Supreme Court Regulations.

Article 10 (Determination of Place of Registration)

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

(2) An place of registration may be altered in accordance with a procedure prescribed by the Supreme Court Regulations.

Article 11 (Processing of Registration, etc. through Computerized Information Processing System)

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

(2) Where the person him/herself is deceased or declared missing or absent, or renounces or relinquishes his/her nationality, or other causes occur, as prescribed by the Supreme Court Regulations, 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.

Article 10 ~ 11

(4) The Minister of National Court Administration shall separately prepare and maintain computerized information data which contains the same information as the registered matters entered in registers 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 Regulations.

(6) No person who maintains registers, etc. nor any person who processes registration 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 those 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 processing registration through a computerized information processing system and efficient

Article 12

utilization of computerized registration data. In such cases, with respect to processing of registration, following notices concerning nationality, a computerized information processing system shall be run in connection with the Ministry of Justice as prescribed by the Supreme Court Regulations.

(2) The Minister of the National Court Administration may, if necessary, have a public official of 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 after undergoing examination by the head of a relevant central administrative organ: Provided, That 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 Regulations.

Article 13

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 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 delegated 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 Regulations applies.

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

1. Where an adopted child files such an application when he/she reaches

Article 14

the age of majority;

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

(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 a general or certain certificate containing the minimum registered matters necessary to achieve the intended purpose of use; where the person requests for a certain certificate, he/she shall explain the ground thereof. The certificate submitted shall not be used for any other purpose

Article 14

than the original pu. <Newly Inserted by Act No. 9832, Dec. 29, 2009; Amended by Act No. 14169, May 29, 2016>

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

(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 Regulations: Provided, That with respect to the information recorded on the full adoption relation certificate, 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 (Online Issuance of Certificates)

(1) Issuance of 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 Regulations.

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

Article 14-2

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

(1) The head of a Si/Eup/Myeon may process the issuance of certificates using a machine through which an applicant can enter information and have a certificate issued for each of the registered matters.

(2) The certificate prescribed in 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 Regulations.

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

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

(1) Information entered in registers, etc. shall be issued as a general certificate specified in paragraph (2) and a specific certificate specified in paragraph (3) in accordance with the following categories of certificates: Provided, That with respect to the information entered on foreigners, a certificate shall be issued stating the person’s name, gender, date of birth, nationality and alien registration number: <Amended by Act No. 9832, Dec. 29, 2009; Act No. 10279, May 4, 2010; Act

Article 14-3 ~ 15

No. 14169, May 29, 2016>

1. Family relation certificate:

2. Identification certificate:

3. Marriage relation certificate:

4. Adoption relation certificate:

5. Full adoption relation certificate:

(2) Information to be entered in a general certificate for any certificate prescribed in paragraph (1) shall be as follows: <Newly Inserted by Amended by Act No. 14169, May 29, 2016>

1. Family relation certificate:

(a) Place of registration, name, gender, place of family origin, date of birth, and resident registration number of the person him/herself;

(b) Name, gender, place of family origin, date of birth, and resident registration number of parents (in cases of adoption, adoptive parents shall be recorded as parents: 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,

Article 15

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);

2. Identification certificate:

(a) Place of registration, name, gender, place of family origin, 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. Marriage relation certificate:

(a) Place of registration, name, gender, place of family origin, date of birth and resident registration number of the person him/herself;

(b) Name, gender, place of family origin, date of birth and resident registration number of the spouse;

Article 15

4. Adoption relation certificate:

(a) Place of registration, name, gender, place of family origin, date of birth and resident registration number of the person him/herself;

(b) Name, gender, place of family origin, date of birth and resident registration number of birth parents, adopted parents, or an adopted child;

5. Full adoption relation certificate:

(a) Place of registration, name, gender, place of family origin, date of birth and resident registration number of the person him/herself;

(b) Name, gender, place of family origin, date of birth and resident registration number of birth parents, adoptive parents or a fully adopted child;

(3) Information to be entered in a specific certificate for each certificate of the subparagraphs of paragraph (1) shall be the following

Article 15

matters, added to the information entered in a general certificate specified in paragraph (2): <Newly Inserted by Act No. 14169, May 29, 2016>

1. Family relation certificate: Name, gender, place of family origin, date of birth and resident registration number of every child;

2. Identification certificate: Information on acquisition and reinstatement of nationality;

3. Marriage relation certificate: Information on marriage and divorce;

4. Adoption relation certificate: Information on adoption and dissolution of adoptive relations;

5. Full adoption relation certificate: Matters concerning full adoption and dissolution of full adoption.

(4) Notwithstanding paragraph (1), among the certificates specified in the subparagraphs of paragraph (1), a certificate prescribed by the Supreme Court Regulations shall be issued as a special certificate by including information that has been selected by an applicant out of the information specified in a detailed certificate in accordance with the Supreme Court Regulations. <Newly Inserted by Act No. 14169, May 29, 2016>

(5) Necessary matters for a general certificate, detailed certificate, and

Article 15

special certificate under paragraph (2) through (4), other certificates concerning family relations, and information on family relations shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 14169, May 29, 2016>

CHAPTER III RECORDS OF REGISTERS

Article 16 (Recording Procedure of Registers)

Registers shall be kept of reports, notification, 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)

(1) Where the head of a Si/Eup/Myeon becomes aware that the information recorded in a register is legally invalid or there are errors or omissions in the register, he/she shall notify the person who filed the report or the person directly involved with the reported case of such fact without delay: Provided, That the same shall not apply 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

Article 16 ~ 18

possible toify as mentioned in paragraph (1), or where, despite the notification, 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 obtaining permission from the supervisory court, correct such record ex officio: Provided, That in cases of minor matters prescribed by the Supreme Court Regulations, the head of the relevant Si/Eup/Myeon 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 place of registration of the person directly involved with the reporting belongs of such fact. In such cases, the head of the relevant Si/Eup/Myeon shall handle the matter in accordance with paragraphs (1) and (2).

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

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

Article 19

(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 place of registration of the person directly involved in such reporting or at the domicile or current address of the person who files such report: Provided, That a report concerning Korean citizens residing abroad may be filed at Overseas Koreans Family Register Office. <Amended by Act No. 13124, Feb. 3, 2015>

(2) A report regarding a foreigner may be filed at the office nearest his/her place of residence, or at the place of domicile or current place 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)

(1) The report of birth or death in a Si may, when the place of the report is the same as the resident registration place of the reporting person, or the place where the reporting person is to register as a resident, be filed through a Dong office which

Article 20 ~ 21

has jurisdiction over the place of resident registration of the reporting person or the place where the reporting person is to register as a resident.

(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 process other registration as prescribed by the Supreme Court Regulations.

Article 22 (Cases Where Being Registered Became Known after Reporting and Others)

Where after a report of a person with regard to whom it is unclear whether he/she is registered, or of 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 it has become possible for the person to be registered, a reporter or the person directly involved in the reported case shall notify the head of a Si/Eup/Myeon who accepted the first report of the fact, indicating the accepted reported case within one month from the date on which the fact became known.

Article 23 (Method of Filing Reports)

(1) A report may be filed in writing or verbally.

(2) Where the person directly involved in such reporting fails to be present at a Si/Eup/Myeon meeting with respect to a registration

Article 22 ~ 23

which takes effect through reporting, he/she shall present his/her resident registration card, driver's license, passport or other identification prescribed by the Supreme Court Regulations (hereafter referred to as "identification card" in this paragraph) or attach a certificate of seal impression of the person directly involved in the reporting to a written report. In this case, if the person directly involved such reporting fails to present identification card 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 in Electronic Form)

(1) Notwithstanding Article 23, reporting concerning the registration prescribed by the Supreme Court Regulations (including an application to correct the register; hereafter this shall apply in this Article) may be done in electronic form using a computerized information processing system.

(2) Reporting done pursuant to paragraph (1) shall be handled by the head of a Si/Eup/Myeon of the place of registration of the person him/herself: Provided, That where the person him/herself has no place of registration, the head of a Si/Eup/Myeon of the domicile of the person who files such report shall handle the aforementioned reporting; where a report concerning Korean citizens residing abroad is filed, it shall be handled by the family relation registrar working for Overseas Koreans Family Register Office; and in cases of such reporting concerning a foreigner, the head of a Si/Eup/Myeon of the foreigner’s place of residence shall handle the same. <Amended by Act No. 13124, Feb. 3, 2015>

Article 23-2

(3) Reporting done pursuant to paragraph (1) shall be deemed to have been filed and received when the information prescribed under this Act and the Supreme Court Regulations are saved in the computerized information processing system.

(4) Notification of rejection of reporting done pursuant to paragraph (1) may be issued in electronic form 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 processes registration-related affairs, such confirmation shall be deemed attachment of the said relevant document, 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 Regulations.

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

Article 24 (Report Forms)

Report forms shall

Article 23-3 ~ 24

be prescribed by the established Supreme Court Regulations. 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 relevant report forms, consult in advance with the heads of relevant ministries and offices.

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, resident registration number, place of registration and address of the person filing a report;

4. Place of registration, address, name, date of birth and resident registration number of the person to such reporting where the person filing the report is someone other than the person directly involved in the reporting.

(2) Where a resident registration number has been entered in a report document at the time when the reporting 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 Person un

Article 25 ~ 26

der Adult Guardianship)

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

(2) Where the person having parental authority, a guardian of a minor, or a person under adult guardianship 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, resident registration number and place of registration of the minor or the person under adult guardianship obliged to be reported on;

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

3. The fact that the person who files a report is the person having 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 Person under Adult Guardianship without Consent of Legal Representative)

Article 27

(1) A minor or a person under adult guardianship shall report an act he/she can carry out without consent of his/her legal representative.

(2) Where an a person under 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 on cases requiring witnesses, the witnesses shall enter their resident registration numbers and addresses in the report and write their names on the report, or sign and seal the report.

Article 29 (Matters Nonexistent or Unknown to Reporters)

Where matters to be entered in a report are not nonexistent or 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 Statutes)

Article 28 ~ 30

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 stated 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 file a 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) Where such reporting requires the consent or approval of a father, mother, or other person, documents verifying that such consent or approval is given shall be attached to the report. In such cases, in lieu of the aforementioned attachment, the person who

Article 31 ~ 32

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 such 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 referred to in Articles 31 (2) and 32 (1).

Article 34 (Filing Reports in Foreign Countries)

Korean citizens residing abroad may, as prescribed by this Act, file a report or an application with the head of an embassy or consulate outside of the Republic of Korea (hereinafter referred to as "Korean diplomatic mission abroad") who has jurisdiction over the relevant area. <Amended by Act No. 13124, Feb. 3, 2015>

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

(1) Where a Korean citizen residing in a foreign country has prepared documentary evidence concerning reporting by the method adopted by

Article 33 ~ 35

the foreign countr, he/she shall submit a certified cop of the documentary evidence to the head of a Korean diplomatic mission abroad having jurisdiction over the relevant area, within three months. <Amended by Act No. 13124, Feb. 3, 2015>

(2) Where the region in which a national of the Republic of Korea is does not belong to the jurisdiction of any Korean diplomatic mission abroad, a certified copy of documentary evidence shall be forwarded within three months to the head of the Si/Eup/Myeon of his/her place of registration or to the family relation registrar working in the relevant Overseas Koreans Family Register Office. <Amended by Act No. 13124, Feb. 3, 2015>

Article 36 (Forwarding of Documents Accepted in Foreign Countries)

(1) If the head of a Korean diplomatic mission abroad accepts documents pursuant to Articles 34 and 35, within one month of receipt of such documents, he/she shall forward them through the Minister of Foreign Affairs to the family relation registrar working in the relevant Overseas Koreans Family Register Office. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13124, Feb. 3, 2015>

(2) The delivery of documents prescribed in paragraph (1) may be made using a computerized information processing system as prescribed by the Supreme Court Regulations. In such cases, the preservation of the original documents and other necessary matters

Article 36

shall be prescribed by the Supreme Court Regulations. <Newly Inserted by Act No. 13124, Feb. 3, 2015>

Article 37 (Starting Point for Counting Reporting Period)

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

(2) Where a court decision becomes final and conclusive before the forwarding or issuance of the court decision even though the reporting period is to be counted, starting from the date on which the court decision becomes final and conclusive, it shall be counted from the date on which such forwarding or issuance takes place.

Article 38 (Peremptory Notice to File Report)

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

(2) Where the person obliged to file a report fails to file the report within the period of time referred to in paragraph (1), the head of the relevant Si/Eup/Myeon may issue a further peremptory notice to such person.

(3) Article 18 (2) shall apply mutatis mutandis 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

Article 37 ~ 38

apply mutatis mutandis 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 impracticable 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 40 (Report after Lapse of Reporting Period)

The head of a Si/Eup/Myeon shall accept a report even after 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 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

Article 39 ~ 42

of a report.

(2) An interested party 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) An interested party 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 interested party as referred to in paragraphs (2) and (4).

Article 43 (Notice of Rejection 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>▷

Article 43 ~ 44

1. Name, place of family origin, gender and place of registration of the child;

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

3. Date and place of birth;

4. Name, place of family origin, place of registration and resident registration number of the parents (name, date of birth, nationality and alien registration number where the father or mother is a foreigner);

5. In cases of agreements made 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 Regulations.

(4) The birth report shall be accompanied by a birth certificate prepared by a doctor, midwife or any other person involved in the delivery: Provided, That this shall not apply to the cases to which any of the following documents are attached: <Amended by Act No. 14169, May 29, 2016>

Article 44

1. A document verifying birth by attaching materials proving childbirth, which is formulated by a person involved in a delivery;

2. A document verifying birth which is issued by a domestic or overseas authorized agency.

(5) Detailed matters to be attached to the documents specified in the proviso to paragraph (4) shall be prescribed by the Supreme Court Regulations. <Newly Inserted by Act No. 14169, May 29, 2016>

Article 44-2 (Report of Birth in the Absence of Birth Certificate)

(1) Where it is impracticable to attach a birth certificate or document specified in Article 44 (4), such birth shall be confirmed by the Family Court in a written confirmation and shall be reported within one month from the date the Family Court issues such written confirmation.

(2) The Family Court may conduct an ex officio investigation into a case in order to confirm the birth specified in paragraph (1), and may request the head of an administrative agency, including the head of a local government or police agency, and other related organizations or an individual to report necessary matters or submit related documents.

(3) The procedure for confirmation of birth and necessary matters for a report

Article 44-2

thereof shall be prescribed by the Supreme Court Regulations.

[This Article Newly Inserted by Act No. 14169, May 29, 2016]

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 on 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 46 (Person Obliged to File Report)

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

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

(3) Where the person to file a report pursuant to paragraph (1) or (2) is unable to file such report, any of the following persons shall file the report in the following orders:

1. Relatives living together;

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

Article 45 ~ 46

(4) Where a child’s welfare could be harmed since a person obliged to report birth fails to file a report within the period specified in Article 44 (1), a prosecutor or the head of a local government may report the birth. <Newly Inserted by Act No. 14169, May 29, 2016>

Article 47 (Cases Where Lawsuit Seeking to Deny Paternity is Filed)

Even when a lawsuit seeking to deny paternity is filed, the report of birth shall be filed.

Article 48 (Cases Where Court Determines Fatherhood)

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

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

Article 49 (Birth during Voyage)

(1) Where a birth occurs in the course of 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 such entry in the log-book within 24 hours of such birth.

(2) When a ship arrives

Article 47 ~ 49

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 in which the harbor is located or to the family relation registrar working for Overseas Koreans Family Register Office. <Amended by Act No. 13124, Feb. 3, 2015>

(3) Where the ship arrives at a harbor in a foreign country, the captain of the ship shall, without delay, forward a certified copy of the log-book prescribed 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, through the Minister of Foreign Affairs, the certified copy to the family relation registrar who is working for Overseas Koreans Family Register Office. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13124, Feb. 3, 2015>

(4) The delivery of documents prescribed in paragraph (1) may be made using a computerized information processing system, as prescribed by the Supreme Court Regulations. In such cases, the preservation of original documents and other necessary matters shall be prescribed by the Supreme Court Regulations. <Newly Inserted by Act No. 13124, Feb. 3, 2015>

Article 50 (Birth in Public Facilities)

Where birth occurs in a hospital, prison or any other facility, the head or administrator of the relevant facility shall file the report

Article 50

of bih, 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)

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 an abandoned child found, shall notify the head of a relevant Si/Eup/Myeon of such fact within twenty four hours.

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

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

Article 53 (Cases Where Parents Finds Abandoned Child)

(1) Where the father

Article 51 ~ 53

or the mother has found his/her abandoned child, he/she shall file a report of birth within one month and apply for a correction to the register.

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

Article 54 (Cases Where Abandoned Child is Dead)

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, gender, date of birth, resident registration number and place of registration of the child (name, gender, 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 place of registration of the child's lineal descendants;

3. Where a father recognizes a child, the name, place of registration

Article 54 ~ 55

and resident registration number of a mother;

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

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

(2) In cases falling 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 place of family origin or a trial to determine the person having parental authority has been concluded, Article 58 shall apply mutatis mutandis.

Article 56 (Recognition of Unborn Child)

Where a child in the womb is discovered, the purport thereof, and the name and place of registration of the mother shall be entered in the report.

Article 57 (Recognition of Report of Birth)

(1) Where the father of a child born out of wedlock has filed a report of birth, the report shall be recognized.

(2) Where an place of registration and resident registration number are unverifiable, a report specified in paragraph (1) may be filed by obtaining confirmation from the Family Court having jurisdiction over the father’s place of registration or address.

Article 56 ~ 57

(3) The Family Court may conduct an ex officio investigation into necessary matters to confirm the case specified in paragraph (2), and request a local government, a police agency, an administrative agency, and other organizations or individuals to report necessary matters or submit related documents. <Newly Inserted by Act No. 13285, May 18, 2015>

(4) In any of the following cases, a person responsible for filing a report shall file a report of birth within one month and the correction to a register. In such case, the head of a Si/Eup/Myeon shall confirm the case: <Newly Inserted by Act No. 13285, May 18, 2015>

1. It is verified that a born child is presumed as a husband’s child by a third person, as specified in Article 844 of the Civil Act;

2. Other cases applicable to the grounds prescribed by the Supreme Court Regulations.

(5) The procedure for confirmation and necessary matters for filing a report shall be prescribed by the Supreme Court Regulations. <Newly Inserted by Act No. 13285, May 18, 2015>

Article 58 (Recognition by Court Decision)

(1) Where a court decision on recognition becomes final and conclusive, the person

Article 58

who filed 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 falling under paragraph (1), a counterparty in the lawsuit over 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)

Where a recognized child was still born, the person obliged to file 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 where the executor of a will has filed the report referred to in Article 59, the executor of a will shall file such report.

Article 59 ~ 60

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, place of family origin, date of birth, resident registration number and place of registration of the person to adoption (name, date of birth nationality and alien registration number when the person up for adoption is a foreigner) and gender of the adoptee;

2. Name, resident registration number and place of registration 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 a person under adult guardianship adopts or is adopted pursuant to Article 873 of the same Act, a written permission of the Family Court shall be attached.

(3) Where a judgement in lieu of the consent of parents is rendered pursuant

Article 61 ~ 62

o Aricle 871 (2) of he Civil Ac, a wrien saemen 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, place of family origin, date of birth, resident registration number and place of registration of the person to adoption (name, date of birth, nationality and alien registration number when the person to adoption is a foreigner) and gender of the adoptee;

2. Name, place of registration 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 shall apply mutatis mutandis to reports of annulment of adoption.

Article 63 ~ 65

(2) Article 58 shall apply mutatis mutandis where a court decision on annulment of adoption becomes final and conclusive.

Article 66 (Provisions Applicable Mutatis Mutandis)

@Article 58 shall apply mutatis mutandis 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 fully adopt a child 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 becomes final and conclusive.

(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 Fully Adopted)

(1) Where a court decision on dissolution of full adoption becomes final and conclusive in accordance with Article 908-5 of the Civil Act, the person who filed 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 made.

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

(3) In cases falling under paragraph (1), a counterparty 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 where a judgment on the annulment of full adoption of a child becomes final and conclusive.

Article 69 ~ 70

SECTION 7 Marriage

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 falling 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, place of family origin, date of birth, resident registration number and place of registration 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, place of registration and resident registration number of the parents and adoptive parents of the parties to a marriage;

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

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

Article 72 (Marriage by Court Decision)

Where a court decision on the conformation of existence of de facto marital relations becomes final and conclusive, the person who filed

Article 71 ~ 72

such action shall file a report referred to in Article 71, attaching a certified copy of written judgment and a certificate 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 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, place of family origin, date of birth, resident registration number and place of registration of the parties to a divorce (name, nationality and alien registration number when any party to a divorce is a foreigner);

2. Name, place of registration 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) or (5) of the Civil Act, the details thereof.

Article 75 (Confirmation of Divorce by Agreement)

Article 73 ~ 75

(1) Where a person intends to divorce by agreement, he/she shall file a report with confirmation of the Family Court having jurisdiction over the person's place of registration 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 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 Regulations.

Article 76 (Provisions to be Deemed)

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 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 a mother have granted a person authority 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 evidencing such fact shall be attached thereto.

(2) When a judgment issued under any of the following subparagraphs becomes final and conclusive, the applicant for such judgment, the person who is designated as having parental authority, or the legal guardian in the relevant matter shall report the details thereof. In such cases, Article 58 shall apply mutatis mutandis to the reporting period, the documents to accompany the written report, etc.: <Amended by Act No. 11950, Jul. 30, 2013; Act No. 12774, Oct. 15, 2014>

1. A judgment

Article 78 ~ 79

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

2. A judgment rendered pursuant to Articles 909-2 (including cases to which it applies 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 persons having parental authority or legal guardians for the relevant matter;

3. A judgement on the loss, temporary suspension, partial restriction, and reinstatement of parental authority pursuant to Articles 924, 924-2, and 926 of the Civil Act;

4. A judgement on the loss/withdrawal and reinstatement of the right of representation with respect to juristic acts or the right to manage property under Articles 925, 926, and 927 of the Civil Act.

Article 80 (Reports of Commencement of Guardianship of Minors)

(1) A report of commencement of guardianship of 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, resident registration number, and place of registration of the minor and his/her guardian (when the party is a foreigner, referring to his/her name, date of birth,

Article 80

nationality, and alien registration number);

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

3. Date of commencement of the duty of a guardian for a minor.

[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 guardian for a minor 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 accompanying the written reports, etc. In such cases, "the person who is designated as having parental authority or the legal guardian in the relevant 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 De

Article 81 ~ 82

cision)

(1) Where a guardian for a minor has been appointed by will, the will concerning such appointment, a certified copy thereof, or documents stating the recording of the will shall be attached to the report. <Amended by Act No. 11950, Jul. 30, 2013>

(2) Where a judgment on the appointment of a guardian for a minor 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 of Minors)

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

(2) The report shall include the following matters:

1. Name, place of registration, and resident registration number of the minor and his/her guardian (when the party is a foreigner, referring to his/her name, nationality, and alien registration number);

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

Article 83

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

Article 83-2 (Report on Commencement of Supervision of Guardianship 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, resident registration number, and place of registration 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 alien 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)

Article 83-2 ~ 83-3

(1) Where a supervisor of guardianship for a minor has been replaced, the supervisor’s successor shall report the purport thereof within one month from the date of his/her assumption 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 having parental authority or the legal guardian in the relevant 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 of a minor is rendered, Article 82 shall apply mutatis mutandis to the documents attached to the written report.

[This Article

Article 83-4

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

Article 83-5 (Reports on Termination of the Supervision of Guardianship 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 of 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, resident registration number, and place of registration 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 alien registration number);

2. Cause and date of the termination of supervision of guardianship of 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

Article 83-5 ~ 84

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.

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

1. Name, gender, place of registration and resident registration number of the deceased;

2. Date and place of death.

(3) Where it is impracticable to attach a medical certificate or death certificate due to any unavoidable reason, a document to prove such death prescribed by the Supreme Court Regulations shall be attached. In such cases, the reason a medical certificate or a death certificate was unavailable shall be stated in the report. <Amended by Act No. 14169, May 29, 2016>

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.

(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

Article 85 ~ 86

may be filed at the place of de, burial or cremation: Provided, That where the place of death is uncertain, the report may be filed at the place where the corpse was first found, if death occurs on a train or any other means of transportation, at the place where the corpse was taken off such means of transportation, 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, etc.)

Where a person dies due to a flood, fire, or other disaster, the governmental or public offices which conducted investigations thereof shall, without delay, notify the head of a Si/Eup/Myeon in which the place of death is located of such fact: Provided, That where death occurs in a foreign country, such notice shall be issued to the head of a Si/Eup/Myeon in which the place of registration of the deceased is located or to the family relation registrar who is working for Overseas Koreans Family Register Office. <Amended by Act No. 13124, Feb. 3, 2015>

Article 88 (Death by Execution and Death in Prison)

(1) Where a death penalty has been executed, 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 where there is no person to retrieve the corpse of a person who dies in prison. In such

Article 87 ~ 88

cases, a medical certificate or deat certificate sall be attached to the notice.

Article 88-2 (Death of Person with No Relatives or Interested Persons, etc.)

Where the head of a Si or other person makes disposition of the body of a deceased who has no relatives or other persons who have an interest in the deceased pursuant to Article 12 of the Act on Funeral Services, Etc., he/she shall, without delay, notify the head of the Si/Eup/Myeon in which the person died, was buried or cremated, of such fact.

[This Article Newly Inserted by Act No. 12878, Dec. 30, 2014]

Article 89 (Matters to be Entered in Notices)

Notices referred to in Articles 87, 88, and 88-2 shall include the matters prescribed in Article 84 (2). <Amended by Act No. 12878, Dec. 30, 2014>

Article 90 (Death of Persons Whose Registration Can Not Be Ascertained and Others)

(1) Where it is uncertain whether the deceased is registered or not, or the deceased 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) Where the fact

Article 88-2 ~ 90

that the deceased has been registered is discovered or the identity of the deceased 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) 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, 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 Declaration of Disappearance)

(1) A report of declaration of disappearance shall be filed by a person who requested such declaration within one month from the date on which the decision becomes final and conclusive, 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, gender, place of registration and resident registration number of a missing person;

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

Article 91 ~ 92

(3) Where a court decision on annulment of declaration of disappearance becomes final and conclusive, 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 place of registration designated by the person who has acquired Korean nationality, of the matters prescribed by the Supreme Court Regulations.

(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 of 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

Article 93 ~ 94

with Article 4 of the Nationality Act, notify, without delay, the head of the Si/Eup/Myeon of the place of registration designated by the person who has been granted naturalization, of the matters prescribed by the Supreme Court Regulations.

(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 for the 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 place of registration designated by the person whose nationality has been reinstated, of the matters prescribed by the Supreme Court Regulations.

(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 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 place of registration as entered in the register, etc. of such matters.

Article 96 (Reports of Establishment of New Surname and Place of Family Origin by Persons Who Has Acquired Nationality)

Article 95 ~ 96

(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 place of family origin and cease to use the foreign surname, he/she shall obtain the permission of the Family Court having jurisdiction over his/her place of registration, address or the place which he/she intends to designate as his/her place of registration, and report such surname and place of family origin 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.

(4) The report shall include the following matters:

1. Former surname;

2. Newly established surname and place of family origin;

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).

Article 96

(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 place of family 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, resident registration number and place of registration of the person whose nationality is lost;

2. Cause and date of loss of nationality;

3. Where a foreign nationality has been newly acquired, such nationality.

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

(4) A person whose

Article 97

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 of the following causes occurs, notify the head of the Si/Eup/Myeon of the place of registration of a person (place of registration as designated by the person where such person has no place of registration) of the matters prescribed by the Supreme Court Regulations: <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 Act;

3. Where a person is adjudicated as a national of the Republic of Korea in accordance with Article 20 of the Nationality Act.

(2) Where a person who is adjudicated as 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

Article 98

Surname and Place of Family Origin

Article 99 (Reports of 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 (place of registration 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.

(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 of Change of Surname and Place of Family Origin)

(1) A person who

Article 99 ~ 100

intends t change the surname and place f family rigin f 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 place of family origin before change;

2. Surname and place of family origin after change;

3. Date of the final court decision.

SECTION 13 Establishment of Family Relation Register

Article 101 (Reports of Establishment of Family Relation Register)

(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

Article 101

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 of Establishment of New Register of Family Relations by Lineal Blood Relatives)

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

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

(1) Where a report of establishment of a new register is to be filed by court decision, it shall be filed within one month from the date of final and conclusive decision.

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

(3) A certified copy

Article 102 ~ 103

of court decision and a certificate of final and conclusive 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 place of registration 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)

(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 reported case may apply for rectification of the register after obtaining the permission of the Family Court having jurisdiction over the place of registration

Article 104 ~ 105

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 and conclusive 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 and conclusive court decision, attaching a certified copy of the court decision and a certificate of such court decision thereto.

Article 108 (Provisions Applicable Mutatis Mutandis)

@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)

Article 106 ~ 109

(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 relevant Si/Eup/Myeon.

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 relevant Si/Eup/Myeon shall return the documents to the court without delay, attaching his/her opinion thereto.

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 relevant Si/Eup/Myeon to take appropriate measures.

Article 110 ~ 111

(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 relevant Si/Eup/Myeon, 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 cost of filing an 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.)

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 Regulations 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

Article 112 ~ 115

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 relevant Si/Eup/Myeon 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 Regulations.

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.

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

Article 116 ~ 117

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 process registration pursuant to this Act, or a person who discovers registration information on family relations by using technical 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

Article 118

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 to and supervision over 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 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 issued pursuant to Article 115 (2);

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

Article 119 ~ 120

Article 121 (Administrative Fines)

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 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

Article 121 ~ 124

and collected by the head of a Si/Eup/Myeon (in cases falling under Article 21 (2), referring to the head of the Si/Gu having jurisdiction over the Dong receiving the relevant report of birth and report of death; hereafter the same shall apply in this Article) as prescribed by the Supreme Court Regulations: Provided, That when the family relation registrar working for Overseas Koreans Family Register Office becomes aware of any offence subject to an administrative fine, the family relation registrar shall notify the heads of a Si/Eup/Myeon where the place of registration of the person who committed such offence is located of such fact, and the heads of the Si/Eup/Myeon so notified shall impose the administrative fine on the person and collect such fine therefrom. <Amended by Act No. 13124, Feb. 3, 2015>

(2) Any person dissatisfied with a disposition for an administrative fine made under paragraph (1) shall raise an objection to the head of the relevant Si/Eup/Myeon within thirty days.

(3) When a person 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 residence of the person who is subject to the disposition for an administrative fine of such fact without delay, and the Family Court in receipt of such notice shall hold a trial on the administrative fine in accordance with the Non-Contentious Case Procedure

Article 124

Act.

(4) When no objection is raised within the period referred to in paragraph (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 place of registration.

Article 3 (Preparation, etc. of Registers)

Addenda

(1) A register prescribed in Article 9 of this Act shall, in relation to the 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 Regulations 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 where such reporting, etc. occurs a new register shall be prepared with respect to a person whose family register has been removed.

(4) 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 place of registration pursuant to Article 10 of this Act.

(5) When a report,

Addenda

etc. which was filed pursuant to the provisions of the former Family Register Act are ascertained to have been omitted 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 concerning Book of Removed Entries, etc.)

Processing of registration concerning a book of removed entries prescribed in 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 removed entries, 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 Regulations: Provided, That with respect to a person who has the right to request for inspection of a book of removed entries, etc. or issuance of a transcript or abstract thereof, Article 14 (1) shall apply.

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

Addenda

The provisions of Article 72 shall also apply where a court decision becomes final and 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 concerning Administrative Fines)

The collection and procedure for trials involving 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)

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

Addenda

provisions of this Act in lieu of the former provisions.

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, 2009>

(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 also 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 prescribed in Article 1 of Addenda of the Civil Act partially amended by Act No. 10429.

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

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

ADDENDUM <Act No. 12774, Oct. 15, 2014>

This Act shall enter into force one year after the date of its promulgation.

ADDENDA <Act No. 12878, Dec. 30, 2014>

Article 1 (Enforcement Date)

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

Article 2 (Applicable Cases concerning Notification of Death of Person with No Relatives or Interested Persons, etc.)

The amended provisions of this Act shall apply, beginning with the first death of a person with no relatives or interested persons, etc. after this Act enters into force.

ADDENDA <Act No. 13124, Feb. 3, 2015>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2015.

Article 2 (Transitional Measures)

With respect to the cases of registration of the family relation of those Korean citizens residing abroad which have already been referred to the Korean embassy or consulate abroad as at the time this Act enters into force, the former provisions shall apply.

Article 3 Omitted.

ADDENDUM <Act No. 13285, May 18, 2015>

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

ADDENDUM <Act No. 14169, May 29, 2016>

This Act shall enter into force six months after the date of its promulgation: Provided, That provisions relating to certain certificates out of the former part of Article 14 (5) and the amended provisions of Article 15 shall enter into force on the date determined by the Supreme Court Regulations, within the scope of five years.

Addenda