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Laws of the Republic of Korea |
471 (Supp. 44)
NOTARY PUBLIC ACT
Act No. 723, Sep. 23, 1961
Amended by Act No. 1181, Nov. 21, 1962
Act No. 2255, Dec. 31, 1970
Act No. 2699, Dec. 21, 1974
Act No. 3432, Apr. 13, 1981
Act No. 3724, Apr. 10, 1984
Act No. 3790, Sep. 14, 1985
Act No. 4423, Dec. 14, 1991
Act No. 4544, Mar. 10, 1993
Act No. 4745, Mar. 24, 1994
Act No. 5590, Dec. 28, 1998
Act No. 6207, Jan. 28, 2000
Act No. 6626, Jan. 26, 2002
Act No. 6627, Jan. 26, 2002
Act No. 7427, Mar. 31, 2005
Act No. 7428, Mar. 31, 2005
Act No. 9138, Dec. 19, 2008
Act No. 9750, May 28, 2009
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to prescribe properly the status of a notary
public and the execution of notarial affairs, so that a
notary public
system may be established.
The duties of a notary public shall, upon the commission of the party
or any other person concerned, be to prepare a notarial deed
on a juristic
act or a fact concerning any other private right, to attest a deed signed
by a private person and to perform the
affairs of a notary public as prescribed
by this Act and other Acts and subordinate statutes. A notary public shall
be deemed to
have the status of public official with regard to the aforesaid
duties.
472(Supp. 44)
or any other Acts.
Article 4 (Duties of Accepting Commission)
(1) A notary public shall not refuse a commission without due reasons.
(2) Where a notary public refuses a commission, he shall
notify the client
or his agent of the reason why he refuses the commission.
Article 5 (Prohibition of Disclosure of Case)
A notary public shall not disclose, unless otherwise specifically stipulated
in Act, the case he handled himself: Provided, That
this shall not apply
in case a notary public obtains the consent of the client.
Article 6 (Prohibition on Holding Offices Concurrently)
A notary public shall not concurrently serve in a public office or engage
in a commercial business or become the representative
or an employee
of a commercial company or a corporation which makes a profit: Provided,
That this shall not apply in case the notary
public concerned obtains
approval of the Minister of Justice.
Article 7 (Fees, Daily Allowance and Travel Expenses)
(1) A notary public shall receive fees, a daily allowance and travel expenses
from a client.
(2) A notary public shall not receive any remuneration for a case he handled
under any pretext, except the cases referred to in
paragraph (1).
(3) Matters concerning the fees, daily allowance and travel expenses
referred to in paragraph (1) shall be determined
by the Ordinance of the
Ministry of Justice.
Article 8 (Vicarious Performance of Notarial Affairs)
In case there is no notary public in the jurisdictional area of a district
public prosecutor s office or in case a notary public is unable to perform
his duties, the Minister of Justice may order a public
prosecutor of a district
public prosecutor s office or the chief of the registry office of a district
court to perform the duties
of a notary public in the jurisdictional area
concerned.
The provisions concerning the duties of a notary public stipulated in this
Act or any other Acts and subordinate statutes shall
apply mutatis mutandis
to the public prosecutor or the chief of the registry office of a district
court who handles the affairs
of a notary public in accordance with Article
8: Provided, That the fees, daily allowance and travel expenses under
8
473 (Supp. 44)
Article 7 shall become the revenue of the national treasury.
CHAPTER APPOINTMENT, DISMISSAL
AND ASSIGNMENT
Article 10 (Assignment and Fixed Number of Notary Public)
(1) Each notary public shall be assigned to the jurisdiction of a district
public prosecutor s office.
(2) The fixed number of notary publics assigned to each district public
prosecutor s office shall be determined by the Minister
of Justice for
each territorial jurisdiction area of a district public prosecutor s office.
Article 11 (Appointment of Notary Public)
A notary public shall be appointed by the Minister of Justice, and the
district public prosecutor s office to which he belongs shall
be designated
by the Minister of Justice.
Article 12 (Qualification)
A person who can be appointed as a notary public shall be a person who
is qualified as a judge, public prosecutor or attorney at
law.
[This Article Wholly Amended by Act No. 5590, Dec. 28, 1999]
Article 13 (Disqualification for Notary Public)
No person falling under any of the following subparagraphs shall be ap-
pointed a notary public: 1. A person of incompetency or quasi-incompetency;
2. A person who was declared bankrupt and is not reinstated;
3. A person who has been consigned to a sentence of imprisonment without
prison labor or severer sentence, and for whom not more
than five
years have passed after termination of the execution or a determination
not to execute it;
4. A person who has been consigned to a sentence of imprisonment without
prison labor or severer sentence, and for whom not more
than two
years have passed from the day on which a period for a suspended
execution is terminated;
5. A person who is under a grace period after having been consigned to
NOTARY PUBLIC ACT
474(Supp. 44)
a suspended sentence of imprisonment without prison labor or severer
sentence;
6. A person whose qualification is deprived or suspended under a judgment
of the court or other Acts;
7. A person who was removed from office or dismissed by an impeachment
or discipline, or who was expelled under the Attorney-at-Law
Act and
for whom not more than five years have passed thereafter; and
8. A person who was released from office by a discipline, and for whom
not more than three years have passed thereafter.
[This Article
Wholly Amended by Act No. 3790, Sep. 14, 1985]
Article 14 (Dismissal of Notary Public)
(1) The Minister of Justice may, if there is any reason falling under any
of the following subparagraphs, dismiss a notary public:
1. When a notary public desires to resign;
2. Where a notary public fails to pay personnel guarantee money or the
supplementary amount thereto within a designated period; and
3. Where a notary public is unable to perform his duties due to his physical
or mental weakness.
(2) In the case of paragraph (1) 3, a decision of the disciplinary committee
shall be required.
Article 15 (Term of Office and ipso facto Retirement)
(1) The term of office of a notary public shall be five years, but he may
be reappointed: Provided, That every time he is reappointed, his term
of office may not exceed three years.
(3) A notary public shall retire ipso facto, if he falls under any of
subparagraphs of Article 13.
CHAPTER GENERAL PROVISIONS
CONCERNING
PERFORMANCE
OF DUTIES
Article 16 (Area in which Duties are Performed)
The area in which the duties of a notary public are to be performed shall
8
475 (Supp. 44)
be the territorial jurisdiction of the district public prosecutor s office to
which the notary public is assigned.
Article 17 (Office)
(1) If a notary public desires to establish or move his office, he shall
obtain the authorization of the Minister of Justice.
(2)
Deleted.
(3) The necessary matters concerning establishment and management,
etc. of the joint office shall be prescribed by the Presidential
Decree.
(4) A notary public shall perform his duties at his office: Provided, That
this shall not apply in cases where it is impossible
to perform his duties
at his office on account of the character of the case, or if it is stipulated
otherwise in Acts and subordinate
statutes.
Article 18 (Payment of Guarantee Money for Good Conduct)
(1) A notary public shall pay guarantee money for good conduct to his
assigned district public prosecutor s office within fifteen days from the
date of receiving the order of his appointment.
(2) The amount of the guarantee money for good conduct shall be de-
termined by the Ordinance of the Ministry of Justice in consideration
of
local conditions of the area concerned.
(3) If the amount paid pursuant to paragraph (1) falls short of the amount
determined pursuant to paragraph (2) and the notary public
is ordered
to pay the balance, he shall pay the balance within thirty days from the
date of receipt of such order.
(4) A notary public may not be allowed to perform his duties until he
pays the security for good conduct.
(2) The guarantee money for good conduct shall not be refunded unless
the period as referred to in paragraph (1) has elapsed.
(3)
The guarantee money for good conduct shall be appropriated for the
NOTARY PUBLIC ACT
476(Supp. 44)
expenses required for the public announcement under paragraph (1)
prior to any public impost or claim.
Article 20 (Report of Signature and Official Seal)
(1) A notary public shall report to the director of the district public
prosecutor
s office to which he belongs, the print of his signature and
official seal to be used, before he performs his duties.
(2) If a
notary public desires to change his reported signature and official
seal, he shall report it in advance to the director of the district
public
prosecutor s office to which he belongs.
[This Article Wholly Amended by Act No. 3790, Sep. 14, 1985]
Article 21 (Exclusion of Notary Public)
A notary public shall not perform his duties, when he falls under any
of the following subparagraphs:
1. When the notary public is the spouse or a relative of the client, his
agent, or the person interested in the matter commissioned.
The same
shall apply even if such relationship is terminated;
2. When the notary public is the legal representative of the client or
his agent;
3. When the notary public has interests in the matter commissioned; and
4. When the notary public is or was the agent or assistant concerning
the matter commissioned.
Article 22 (Particulars to Enter at Time of Affixing Signature)
If a notary public affixes his signature as his official duty, he
shall state
his official title, assignment and the location of his office.
Article 23 (Assistant to Notary Public)
(1) A notary public may have an assistant assist the performance of his
duties.
(2) A notary public who intends to have an assistant under the pro-
visions of paragraph (1), shall report to the director of the
district public
prosecutor s office he belongs under the Presidential Decree. The same
shall also apply to in respect of dismissal
or death of an assistant.
[This Article Wholly Amended by Act No. 5590, Dec. 28, 1999]
Article 24 (Prohibition of Removal of Papers
and Preservation of Papers)
(1) The original copy of a deed and its annexed papers prepared by a
notary public, the articles of
association and their annexed papers pre-
8
477 (Supp. 44)
served by a notary public pursuant to the provisions of Article 63 (3), a book prepared
by a notary public in accordance with any
other Acts and subordinate statutes,
may not be taken out of his office, except in case they should be taken out under
unavoidable
circumstance to avoid a calamity or disaster, or an order is given to
take them out by the Public Prosecutor s Office.
(2) Matters concerning preservation and destruction of the papers
mentioned in paragraph (1) shall be prescribed by the Minister
of Justice.
CHAPTER PREPARATION OF A DEED
Article 25 (Cases When Deeds may not be Prepared)
A notary public may not prepare a deed concerning a matter in violation
of Acts
and subordinate statutes, null and void juristic act and the juristic
act which may be cancelled on account of incompetence.
Article
26 (Language to be Used)
(1) The Korean language shall be used in any deed prepared by a notary
public: Provided, That a foreign language may be used together
upon a
request of the client.
(2) In a case as referred to in the proviso of paragraph (1), if the contents
of the Korean language and those of a foreign language
used together with
it are different from each other, the contents mentioned in the Korean
language has preference.
[This Article Wholly Amended by Act No. 3790, Sep. 14, 1985]
Article 27 (Confirmation of Client)
(1) A notary public is required to know the name of the client and to
be acquainted with him, if he desires to prepare a deed.
(2) If a notary public does not know the client s name or is not acquainted
with him, he shall have the client produce a certificate
of resident regis-
tration or a certificate issued by a competent administrative agency and
attached photo, or shall have two witnesses
whose names are known to
and who are acquainted with, the notary public prove that the client is
true, or prove by any other similar
reliable method that the client is true:
Provided, That if the client has a foreign nationality, it may be certified
to be true
and correct by a passport or a certificate issued by the consul
of his own country in the Republic of Korea.
NOTARY PUBLIC ACT
478(Supp. 44)
(3) If a notary public prepares a deed on account of an emergency, he
may take the procedure under paragraph (2) in accordance with
the
provisions concerning preparation of the deed within three days after he
prepared the deed.
(4) If a notary public takes the procedure under paragraph (3), the deed
he prepared shall not lose its effect for the reason that
it was not prepared
on account of an emergency.
Article 28 (Employment of Interpreter)
If the client is unable to command the Korean language or the client is
deaf, dumb, or is unable to pronounce a language, and is
unable to read,
a notary public is required to employ an interpreter in preparation of a
deed.
Article 29 (Participation of Attestor)
(1) If the client is a blind man or illiterate, a notary public shall have
the presence of an attestor (participant) in the process
of preparing a
deed.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to the
case where the client requires the presence of the attestor
(participant).
Article 30 (Commission by Agent of Client)
If a notary public is commissioned by the agent of the client, the provisions
of Articles 27 through 29 shall apply mutatis mutandis
to the agent.
Article 31 (Certification of Power of Representation)
(1) If a notary public prepares a deed by the commission of
the agent,
he shall have the agent produce a deed by which his right of representation
may be proved.
(2) If the deed under paragraph (1) is a deed signed by a private person
not approvable, a notary public shall have the agent produce
a certificate
of personal seal impression or a certificate concerning signature prepared
by the competent administrative agency
besides the aforesaid deed, and
shall have him prove that the deed is true and correct.
(3) If any defect or omission in the representation or the method thereof
is made good or filled up pursuant to the provisions concerning
preparation
of a deed, the effect of such deed shall not be prejudiced by reason of
such defect and omission.
Article 32 (Notarial Deed of Juristic Act which Requires Permission or
8
479 (Supp. 44)
Consent)
(1) Where a notary public prepares a deed concerning the permission or
consent of a third person, he shall have the third person
produce a certificate
which proves that the third person has permitted or consented thereof.
(2) The provisions of Article 31 (2)
and (3) shall apply mutatis mutandis
to the case mentioned in paragraph (1).
Article 33 (Selection of Interpreter and Attestor and their Certification)
(1) An interpreter or attestor (participant) shall be
selected by either
the client or his agent.
(2) An attestor (participant) may become an interpreter concurrently.
(3) Any person who falls under any of the following subparagraphs
shall
not be the attestor (participant): Provided, That this shall not apply in
the case mentioned in Article 29 (2): 1. A minor;
2. Deleted; 3. A person unable to affix a signature;
4. A person interested in the matter commissioned;
5. A person who is or was the agent or assistant with regard to the matter
commissioned;
6. The spouse, a relative, a legal representative, an employee or a cohabitant
of a notary public or the client or his agent; and
7. An assistant to the notary public.
Article 34 (Contents of Deed)
Where a notary public prepares a deed, he shall record thereon the state-
ment that he heard, the fact that he saw and any other
fact that he tested,
and shall record the method of his test.
Article 35 (Particulars to Enter in Deed)
In a deed which is prepared by a notary public, the following particulars
shall be entered in addition to the contents thereof:
1. Index number of the deed;
2. The address, profession, name and age of a client. In case of a juristic
person, his appellation and the location of the office;
3. If a notary public is commissioned by the agent of a client, the reason
therefor, the fact that a certificate which proves the
right of
representation has been produced and the address, profession, name
and age of the agent;
NOTARY PUBLIC ACT
480(Supp. 44)
4. If the notary public knows the name of the client or his agent and
is acquainted with him, the fact thereof;
5. If a notary public has requested the production of a certificate which
proves that the permission or consent of a third person
was given,
the reason therefor and the address, profession, name and age of the
third person. In case of a juristic person, his
appellation and the location
of his office;
6. If certification under Article 27 (2) was given, the reason therefor,
the address, profession, name and age of the witness or
the method
of confirmation;
7. In case of Article 27 (3), the reason therefor;
8. In case the certificate under Article 31 (2) was given, the reason therefor;
9. In case either an interpreter or attestor (participant) has participated,
the reason therefor and the address, profession, name
and age of the
interpreter or the attestor (participant); and
10. Date and place of preparation.
Article 35-2 (Additional Note)
(1) A notary public may make an additional note to a script of an authentic
deed on the fact of a full payment of obligation or
an entire resolution
of contract by a commission of both parties or their agents mentioned
on the authentic deed.
(2) In making an additional entry under paragraph (1), the date thereof
shall be specified and it shall be signed and sealed by
the client and notary
public.
(3) The provisions of Articles 27 through 32 and 36 through 38 shall apply
mutatis mutandis to a case as referred to in paragraph
(1).
[This Article Newly Inserted by Act No. 3790, Sep. 14, 1985]
Article 36 (Method of Preparing Deed)
(1) When a notary public prepares a deed, he shall use normal and easy
words, and shall write characters correctly and legibly.
(2) If there is a blank in the line to be continued, the blank shall be
filled by a black line in the form of a straight or oblique
line, so that
the line may be continued.
Article 37 (Alteration, Insertion and Erasing of Character)
(1) Characters written in a deed may not be altered.
3790, Sep. 14, 1985>
(2) In case characters inserted in a deed, the number of characters and
the position in which characters are inserted shall be stated
in the margin
or the end space, and the notary public, the client or his agent and attestor
(participant) shall affix their seals
thereon.
(3) In case any characters written in a deed are to be deleted, the original
characters must be left untouched so as to be clearly
legible, and the number
of characters deleted and position shall be noted in the margin of the
same page, and the notary public,
the client or his agent and the attestor
(participant) shall affix their seals thereon.
(4) Any correction made in violation of the provisions of paragraphs (1)
through (3) shall be null and void.
Article 38 (Procedure for Preparing Deed)
(1) A notary public shall read the deed he prepared to the attendants
or shall have them inspect the deed, and shall state the tenor
thereof
in the deed upon the approval of the client or his agent.
(2) In case an interpreter participates, a notary public shall
have the
interpreter state the tenor of the deed besides those mentioned in para-
graph (1), and he shall state the tenor thereof
in the deed.
(3) In case a statement mentioned in paragraphs (1) and (2) is made,
a notary public and a attendants shall respectively
put signatures and
affix seals on the statement.
(4) In case there is a person who is unable to sign among the attendants,
the reason therefore shall be stated on the deed and a
notary public and
an attestor (participant) shall affix their seal thereon.
(5) If a deed is composed of several pages, a notary
public shall affix
a joint seal on the joint of every page.
Article 39 (Quotation of Papers)
(1) In case any other papers are quoted in the deed prepared by a notary
public and the quotation is attached to the deed, the notary
public shall
affix a joint seal on the joint between the deed and the paper attached
thereto.
(2) The provisions of Articles 36 through 38 shall apply mutatis mutandis
to the attached papers under paragraph (1).
NOTARY PUBLIC ACT
482(Supp. 44)
(3) The attached papers under paragraphs (1) and (2) shall be deemed
as a part of the deed prepared by a notary public.
Article
40 (Binding of Attached Papers)
(1) The deed which proves the right of representation, certificate issued
by competent administrative agency, deed which proves
the permission
or consent of a third person and any other attached papers shall be bound
to the deed prepared by a notary public:
Provided, That if the client requests
the return of the original copy of the attached papers, a copy thereof may
be bounded in
place of the original copy.
(2) A notary public shall affix a joint seal on the joint between the deed
and the papers attached thereto and on the joint between
the papers
attached.
Article 41 (Case where Original Copy is Destroyed)
(1) In case where the original copy of a deed is destroyed, a notary public
shall recover the exemplified copy or copy to be preserved in place of the
destroyed deed with the approval of the chief public
prosecutor of the
district public prosecutor s office to which the notary public is assigned
and shall preserve it.
(2) A notary public shall sign his name and affix his seal on the copy
under paragraph (1) recording the fact that the copy is preserved
in lieu
of the destroyed deed with the approval of the chief public prosecutor
of the district public prosecutor s office to which
the notary public is
assigned and the date of approval.
Article 42 (Putting on Stamp)
A notary public shall have the client put a stamp on the original copy
of the deed in accordance with the Stamp Tax Act.
Article
43 (Inspection of Original Copy)
(1) The client, his successor or the person who proves himself legally
interested in the tenor of a deed may request an inspection
of the original
copy of the deed.
(2) The provisions of Articles 27 (1) and (2), 30, 31 (1) and (2) shall
apply mutatis mutandis to the case where a notary public
allows him
to inspect the original copy of a deed pursuant to the provisions of
paragraph (1).
(3) In case a notary public allows the successor of the client to inspect
8
483 (Supp. 44)
the original copy of a deed, he shall have him produce a deed which proves
that the successor is the true successor.
(4) A public prosecutor may request an inspection of the original copy
of a notarial deed at any time.
Article 44 (Ledger of Deeds)
A notary public shall prepare and keep a ledger of deeds.
Article 45 (Particulars to be Entered in Ledger of Deeds)
(1) The following particulars shall be entered in the ledger of deeds
ac-
cording to the order of process each time a deed is prepared:
1. The number and type of deed;
2. The address and name of the client. In the case of a juristic person,
his appellation and the location of his office; and
3. The date of preparation.
(2) The provisions of paragraph (1) shall not apply in case where it is
specifically stipulated in Acts
and subordinate statutes concerning the
ledger into which preparation of a deed is to be entered.
Article 46 (Delivery of Exemplified
Copy)
(1) A client or his successor may request the delivery of an exemplified
copy of a deed.
(2) The provisions of Articles 27 (1) and (2), 30, 31 (1) and (2) and
43 (3) shall apply mutatis mutandis to the case where a notary
public
prepares an exemplified copy of a deed in accordance with the provisions
of paragraph (1).
(3) The provisions of Article 31 (2) shall apply mutatis mutandis to a
deed to be produced in a case where the successor of a client
requests
the delivery of an exemplified copy of a deed.
Article 47 (Particulars to be Entered in Exemplified Copy)
(1) The following particulars shall be entered in the exemplified copy
of
a deed, the notary public shall put his signature and affix his seal thereon:
1. Full text of the deed;
2. The fact that it is an exemplified copy;
3. The name of the person who applied for the delivery; and
4. Date and place of preparation.
(2) In case of a violation of the provisions of paragraph (1), the effect
as an exemplified copy
shall be null and void.
NOTARY PUBLIC ACT
484(Supp. 44)
Article 48 (Summarized Exemplified Copy)
(1) As to the deed on which several cases are stated or the deed which
has a different relation respectively for several persons,
an exemplified
copy may be prepared by summarizing the useful part and the statement
concerning the form of the deed.
(2) On an exemplified copy under paragraph (1), the fact that it is a
summarized exemplified copy shall be stated, and it shall
replace the
statement under Article 47 (1) 2.
Article 49 (Entry of Fact that Exemplified Copy was Delivered)
If a notary public delivers an exemplified copy of a deed, he shall
state
at the end of the original and exemplification of the deed, that an exemplified
copy has been delivered to the client or
his successor and the date of its
delivery, and shall put his signature and affix his seal thereon.
Article 50 (Delivery of Copy)
(1) A client, his successor, or a person who has proved himself legally
interested in the tenor of a deed may request the delivery
of a copy of
the deed or the papers attached thereto.
(2) The provisions of Articles 27 (1) and (2), 30, 31 (1) and (2), 43 (3)
and 46 (3) shall apply mutatis mutandis to the case where
a notary public
prepares a copy of the deed under paragraph (1).
Article 51 (Particulars to be Entered in Copy)
The following particulars shall be entered in the copy of a deed, and the
notary public shall put his signature and affix his seal
thereon:
1. Full text of a deed;
2. The fact that it is a copy; and
3. Date and place of preparation.
Article 52 (Summarized Copy)
(1) A copy of the deed may be prepared concerning a part of the deed.
(2) The fact that it is a summarized copy shall be entered
in the copy
under paragraph (1).
Article 53 (Copy of Attached Papers)
The provisions of Articles 51 and 52 shall apply mutatis mutandis to the
case where a copy of the papers are attached to the deed.
Article 54 (Preparation of Copy by Requester Himself)
(1) The person who requests a copy of the deed or the papers attached
8
485 (Supp. 44)
thereto may prescribe himself those to be entered therein, and may request
the notary public to put his signature and affix his
seal thereon.
(2) In case a notary public puts his signature and affixes his seal on the
copy under paragraph (1), the copy shall
have the same effect as the
copy prepared by the notary public himself.
Article 55 (Method of Preparing Original and Copy)
(1) If the original or a copy of a deed or the papers attached thereto is
composed
of several pages, a notary public shall affix a joint seal on the
joint of every page.
(2) The provisions of Articles 36 and 37 shall apply mutatis mutandis
to the preparation of the exemplified copy or copy of a deed
or the papers
attached thereto.
Article 56 (Special Provisions for Preparation of Testament and Protest)
The provisions of Article 17 (4) shall not apply in case
a notary public
prepares a testament, and the provisions of Articles 27 through 31 shall
not apply in case a notary public prepares
a protest.
Article 56-2 (Notarization, etc. of Bills and Checks)
(1) A notary public may prepare a notarial deed stating an intention to
accept
any compulsory execution in adherence to a bill or check.
(2) A notarial deed as referred to in paragraph (1) may be prepared only
by a commission of a payee and drawee, transferor and transferee of a
bill or check, or their agents.
(3) When a notary public prepares a deed as referred to in paragraph (1),
he shall make the original copy of the deed in adherence
to the original
of bill or check, and an original and a copy of deed in adherence to a
copy of bill or check, and deliver the exemplified
copy to the creditor as
specified on the bill or check, and the copy, to the debtor thereon. The
original of the deed shall be
preserved by the notary public.
(4) Notwithstanding the provisions of Article 56 of the Civil Execution
Act, a deed as referred
to in paragraph (1) shall be considered as an execution
title with respect to a drawer and endorser as notarized on the bill or
check, and a payer having accepted notarized bill of exchange under
notarization.
486(Supp. 44)
or check or a transferee of a notarized and endorsed bill or check.
(6) The provisions of Articles 25 through 38 and 40 through 43 shall apply
mutatis mutandis to a case as referred to in paragraph
(1).
[This Article Newly Inserted by Act No. 3790, Sep. 14, 1985]
Article 56-3 (Restriction on Vesting of Execution Clause)
(1)
No notary public may vest an execution clause unless seven days has
passed from the day on which a notary deed was prepared.
(2)
No notary public may vest an execution clause when an additional
note is made under Article 35-2 (1).
[This Article Newly Inserted by Act No. 3790, Sep. 14, 1985]
Article 56-4 (Service of Exemplified Copy, etc. of Notarial Deed as
Title
of Debt)
(1) The service of an exemplified copy or a copy of a deed as title of debt
as prescribed in subparagraph 4 of Article 56 of the
Civil Execution Act
or an execution clause and a copy of certificate as prescribed in Article
39 (2) and (3) of the said Act relating
to such a deed shall be made by mail
or other means as prescribed by the Supreme Court Regulations: Provided,
That for a person
to whom an exemplified copy or the copy of a deed has
been delivered under Article 46 or 50, such an exemplified copy or a copy
shall be considered to have been served.
PRIVATE CERTIFICATE
Article 57 (Method of Notarial Deed)
(1) A notarial deed of a certificate signed by a private person shall be
made by means of having the parties concerned sign and
affix their seals
to the said certificate in front of a notary public, or having the parties
concerned or their agents confirm
the signatures or seals made on the
certificate signed by a private person and making an exemplified copy of
that fact on the certificate
thereafter.
487 (Supp. 44)
(2) A notarial deed of a copy of a deed signed by a private person shall
be made by contrasting the copy with the deed signed by
a private person
and by stating the fact it is acknowledged that the copy conforms to the
original.
(3) If there is any insertion, erasing, alteration, writing in the margin
and correction of characters or there is a damage or any
reason and fact
which are seemingly conspicuously doubtful, such status shall be written
in the text of a notarial deed.
An entry number, date and place of notarial deed shall be entered in the
deed to be notarized, and the notary public and attestor
shall put their
signatures and affix their seals thereon, and a joint seal shall be affixed
between the deed and the notarial deed
book.
Article 59 (Mutatis Mutandis Application)
The provisions of Articles 25 through 33, 36, 37 and 38 (5) shall apply
mutatis mutandis to the case of notarial deeds awarded for
a deed signed
by a private person.
Article 60 (Notarial Deed Book)
A notary public shall prepare and keep notarial deed book.
Article 61 (Particulars to be Entered in Notarial Deed Book)
The following particulars shall be entered in a notarial deed book
according
to the order of process every time a notarial deed is awarded:
1. Entry number;
2. The name and address of the client. In case of a juristic person, his
appellation and the location of his office;
3. The kind of deed signed by a private person and the person who put
his signature and affixed his seal;
4. Method of notarial deed;
5. The address and name of the attestor; and
6. Date of notarial deed.
Article 62 (Notary Public who Handles Notarial Deed of Articles of
Association)
The affairs concerning a notarial deed of articles of association pursuant
to the provisions of Article 292 of the Commercial Act
and the provisions
applicable mutatis mutandis shall be handled by the notary public assigned
NOTARY PUBLIC ACT
488(Supp. 44)
to the district public prosecutor s office which has the jurisdiction over
the place in which the head office of a company is located.
Article 63 (Procedure for Notarial Deed of Articles of Association)
(1) In case a notarial deed of articles of association is desired
to be
commissioned in accordance with the provisions of Article 62, two copies
of the articles of association shall be produced.
(2) A notarial deed of articles of association shall be made by having the
client acknowledge his signature or his name written
and his seal affixed
on each copy of the articles of association before the notary public and
by stating the fact thereof.
(3) A notary public shall keep one copy of the articles of association
acknowledged and recorded pursuant to paragraph (2), and
shall return
other copies to the clients.
(4) The provisions of Articles 57 (3) and 58 through 61 shall apply mutatis
mutandis to a case mentioned in paragraph (2).
Article 64 (Binding of Attached Papers)
(1) A deed evidencing the power of representation, certificate issued by
a competent administrative agency, deed evidencing the
permission or
consent of a third person and any other attached papers shall be bound
with the articles of association to be preserved
by a notary public pursuant
to the provisions of Article 63 (3).
Article 65 (Cases where Preserved Articles of Association are Destroyed)
(1) In case where the articles of association to be preserved
in accordance
with the provisions of Article 63 (3) have been destroyed, a notary public
shall prepare a copy according to the
articles of association returned to
the client, or shall recover the copy of the articles of association already
delivered, and
shall preserve it in place of the articles of association
destroyed, with the approval of the chief public prosecutor of district
public
prosecutor s office to which the notary public belongs.
(2) The provisions of Article 41 (3) shall apply mutatis mutandis
to a case
mentioned in paragraph (1).
Article 66 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 43 and 50 through 55 shall apply mutatis mutandis
8
489 (Supp. 44)
to the articles of association preserved by a notary public and the papers
attached thereto.
Article 66-2 (Notarial Deed of Minutes of Corporation)
(1) Minutes of the general meeting or such of a corporation which are
appended
to the application form at the time of its registration shall be
authenticated by a notary public: Provided, That this shall not
apply in
cases where a company the total capital amount of which is less than
one billion won is incorporated by promoters pursuant
to Article 295 (1)
of the Commercial Act or in cases of a public corporation or non-profit
corporation prescribed by Presidential
Decree.
(2) Any notary public making an authentication under paragraph (1) shall
confirm whether the procedure for and details of a resolution
made by
a general meeting, etc. conform to the truth.
(3) The confirmation as referred to in paragraph (2) shall be made in
a manner that a notary public shall mention the fact after
attending the
place of deliberation made by the corporation concerned and examining the
procedure for and details of the resolution,
or after receiving a com-
mission from those constituting more than a quorum necessary for
such deliberation of the persons who
made the deliberation or their agents,
and hearing from them about whether the details of minutes conform to
the truth, and having
them confirm the signatures and seals of the minutes
in his presence.
(4) The provisions of Articles 57 (3), 58 through 61, 63 (1) and (3), and
64 through 66 shall apply mutatis mutandis to cases of
authenticating the
minutes under paragraph (1).
AGENCY AND TRANSFER
OF PAPERS
Article 67 (Commission of Locum Tenens of Notarization)
(1) If a notary public is unable to perform his duties on account of disease
or inevitable circumstances, he may commission another notary public
within the territorial jurisdiction of the same public prosecutor
s office
NOTARY PUBLIC ACT
490(Supp. 44)
as his proxy.
(2) If a notary public has commissioned his agency in accordance with
the provisions of paragraph (1), he shall, without delay,
report the reason
therefor to the chief public prosecutor of the district public prosecutor s
office to which he belongs. The same
shall apply in case where the agency
is dismissed.
Article 68 (Order to Execute Notarial Duties as Proxy)
(1) If, in the case of Article 67 (1), a notary public is unable to commission
his agency, the chief public prosecutor of the district public prosecutor s
office to which the notary public belongs may order
another notary public
within his territorial jurisdiction to act for the notary public.
(2) When the notary public becomes able
to perform his duties, the
chief public prosecutor of the district public prosecutor s office to which
the notary public belongs
shall dismiss the agency mentioned in par-
agraph (1).
Article 69 (Office of Agent of Notary Public)
(1) The office of the agent of a notary public who performs his duties
pursuant to the provisions of Articles 67 and 68 shall be
the office of
the notary public who is represented by an agent.
(2) When the agent of a notary public officially signs on papers,
the post,
name, assignment and seat of office, of the notary public who is rep-
resented by an agent and that he is an agent of
the notary public,
shall be entered therein.
(3) The provisions of Article 21 shall apply to the agent of a notary
public.
Article 70 (Sealing of Papers in Office)
If the chief public prosecutor of the district public prosecutor s office to
which the notary public belongs considers it necessary
due to the death,
dismissal or resignation of the notary public, he shall without delay have
a person designated by him seal the
papers in the office.
Article 71 (Order to Perform Concurrently Affairs of Another Notary Public)
(1) If a successor is not immediately appointed after
a notary public
has died or has been dismissed, or has resigned, the chief public pros-
ecutor of the district public prosecutor
s office to which the notary public
belongs may order another notary public within his territorial jurisdiction
8
491 (Supp. 44)
to perform concurrently the affairs of the notary public.
(2) If the successor becomes able to perform the notarial affairs, the chief
public prosecutor of the district public prosecutor
s office to which the
former notary public belongs shall release concurrent performance of
notarial affairs mentioned in paragraph
(1).
Article 72 (Acceptance of Papers)
(1) If a notary public is dismissed or resigned, the successor or the notary
public concurrently performing the affairs of another
notary public shall
without delay accept papers with the presence of the former notary public.
(2) In case it is impossible to accept papers due to the death of a notary
public or any other reason, the successor or the notary
public performing
concurrently the affairs of another notary public shall take over in the
presence of the public official designated
by the chief public prosecutor
of the district public prosecutor s office to which the notary public belongs.
(3) The successor
or the notary public concurrently performing the affairs
of another notary public, appointed after sealing papers under Article
70
shall open the seal on the papers and take over the papers in the presence
of the public official designated by the chief public
prosecutor of the district
public prosecutor s office to which the notary public belongs.
Article 73 (Mutatis Mutandis Application)
The provisions of Article 72 shall apply mutatis mutandis to a case where
the notary public holding concurrent office transfers
again the papers to
another notary public.
Article 74 (Entry of Fact He is Notary Public Holding Concurrent Office
or Successor)
(1) If the notary public holding concurrent office officially signs on papers,
the fact that he is the notary public holding concurrent
office shall be
stated thereon.
(2) If the successor prepares an exemplified copy or copy of a deed pre-
pared by the former notary public or the notary public
holding concurrent
office and signs thereon, the fact that he is the successor shall be entered
therein.
Article 75 (Order to Transfer Papers)
(1) If, in case a notary public has died, has been dismissed or has resigned,
NOTARY PUBLIC ACT
492(Supp. 44)
a successor is not appointed due to rearrangement of the fixed number,
the Minister of Justice shall order another notary public
within the
territorial jurisdiction of the district public prosecutor s office to which
the notary public belongs to take over
the papers.
(2) The provisions of Articles 72 and 74 (2) shall apply mutatis mutandis
to a notary public who is ordered to take over papers
pursuant to the
provisions of paragraph (1).
Article 76 (Suspension from Office)
(1) The provisions of Articles 70, 71, 72 (3) and 74 (1) shall apply mutatis
mutandis to the case of the suspension from office
of a notary public.
(2) In the case of paragraph (1), the office of the notary public holding
concurrent office shall be the office
of the notary public suspended from
office.
Article 77 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 72 and 73 shall apply mutatis mutandis with
respect
to the duties of a notary public is performed by a public prosecutor
of the district public prosecutor s office or the chief of
a registration office
of a district court under Article 8.
Article 77-2 (Purpose, etc. of Notary Associations)
(1) Notary associations may be established to improve and advance
unification
of notarial affairs and to settle affairs concerning instruction
and contact of notarial affairs and to preserve dignity of a position
in
charge of works relating of notarial affairs.
(2) Notarial public, law firms or authorized law offices may participate
in notary associations.
(3) Notary associations shall be juristic persons.
(4) Person who intend to establish notary associations shall draw up
articles
of corporation as prescribed by the Presidential Decree, which
shall be approved by the Minister of Justice. The same procedure
shall
be taken in the case of which changes in the articles of corporation occur.
(5) Regulations of associations, officers and
other necessary matters on
notary associations shall be enacted by the Presidential Decree.
8
493 (Supp. 44)
(6) Except as provided by this Act, the provisions of the Civil Act con-
cerning aggregate corporation shall apply mutatis mutandis
to notary
associations.
[This Article Newly Inserted by Act No. 5590, Dec. 28, 1998]
CHAPTER SUPERVISION AND
DISCIPLINE
Article 78 (Supervisory Organ)
A notary public shall be supervised by the Minister of Justice.
Article 79 (Contents of Power of Supervision)
The power of supervision as prescribed in Article 78 shall contain the
following matters:
1. To call attention concerning the duties improperly handled by a notary
public, and to instruct a notary public so as to properly
handle his
duties; and
2. To give a notary public a warning concerning any matters which are
not in conformity with the status of a notary public, regardless
whether
it falls within his duties or not; in this case, an opportunity to defend
himself shall be given before a warning is given
to him.
[This Article Wholly Amended by Act No. 4745, Mar. 24, 1994]
Article 80 (Inspection of Papers)
The Minister of Justice may have his subordinate official inspect the papers
preserved by a notary public not less than once a year.
Article 81 (Application for Complaint)
(1) A client or a person interested may file a complaint concerning the
handling of affairs by a notary public to the chief public
prosecutor of
the district public prosecutor s office to which the notary public belongs.
(2) As to the disposition taken on the
complaint under paragraph (1),
another complaint may be filed to the Minister of Justice.
(3) If complaints under paragraphs (1)
and (2) have been made, they
shall be dealt with by the power of supervision stipulated in this Chapter.
Article 82 (Reason for
Discipline and Report)
(1) If a notary public falls under any of the following subparagraphs, he
shall be subject to disciplinary action: 1. In the case of violating this Act and an order under this Act; and
NOTARY PUBLIC ACT
494(Supp. 44)
2. In the case of a violation of official duty or sullying the dignity of a
notary public.
(2) The chief public prosecutor of each district public prosecutor s office
shall immediately report to the Minister of Justice,
if he considers that
there is a reason for disciplinary action concerning a notary public within
his territorial jurisdiction.
Article 83 (Kinds of Discipline)
Discipline shall be classified into the following five categories: 1. Reprimand;
2. A fine for negligence not exceeding one million won;
3. Suspension of office for not more than one year;
4. Deleted; and 5. Dismissal.
Article 84 (Disciplinary Organ)
(1) The disciplinary action under subparagraphs 2 through 5 of Article
83 shall be conducted by the Minister of Justice in accordance
with a
decision of discipline.
(2) The disciplinary action under subparagraph 1 of Article 83 shall be
conducted by the Minister of Justice.
Article 85 (Disciplinary Committee)
(1) A disciplinary committee shall be established in the Ministry of Justice.
(2) Matters necessary for a disciplinary committee
shall be prescribed
by the Presidential Decree.
Article 86 (Suspension of Performing his Duties)
(1) If a notary public is arrested or detained, his performance of duties
shall be suspended until he is released.
(2) If disciplinary procedures under the provisions of Article 84 (1) are
commenced, the performance of the duties by a notary public
may be
suspended until the completion of the disciplinary procedures.
(3) The provisions concerning the suspension of office of
a notary public
shall apply mutatis mutandis to the case of suspension of performing his
duties.
Article 87 (Execution of Fine for Negligence)
(1) If a fine for negligence has not been completely paid, it shall be
8
495 (Supp. 44)
executed by an order of the public prosecutor.
(2) The provisions of Article 249 of the Non-Contentious Case Litigation
Procedure Act shall apply mutatis mutandis to an execution
under
paragraph (1).
(3) The guarantee money for good conduct paid by a notary public shall
be appropriated to a fine for negligence in preference to
any other public
imposts and claims, except in the case mentioned in Article 19 (3).
Article 88 (Penal Provisions)
(1) If a notary public, a member of a Law firm established under Article
40 of the Attorney-at-Law Act or a attorney at law of a
Law firm other
than a member, or a member of a joint notarial deed and notarization
Law office established under Article 48-2 of
the said Act has violated
the provisions of Article 66-2 (2), he shall be punished by a fine not exceeding
five million won.
(2) In a case of a Law firm as referred to in paragraph (1), the Law firm
shall also be punished by a fine as referred to in paragraph
(1) in addition
to the punishment of the person concerned.
[This Article Newly Inserted by Act No. 3790, Sep. 14, 1985]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Status of Notary Public at Time This Act Enters into
Force)
A notary public at the this Act enters into force, shall be deemed to have
been appointed by this Act.
Article 3 (Office of Notary Public at Time this Act Enters into Force)
The office of a notary public at the time this Act enters
into force, shall
be the office under this Act.
Article 4 (Paying Guarantee Money for Good Conduct)
In case where the guarantee money for good conduct paid by the notary
public
at the time this Act enters into force, falls short of the guarantee
money for good conduct to be paid in accordance with this Act,
the balance
shall be paid within one month from the day on which an order to pay
the shortage has been received.
NOTARY PUBLIC ACT
496(Supp. 8)
Article 5 (Duties Commenced before this Act Enters into Force)
The official acts of a notary public commenced before this Act enters
into
force, shall be completed in accordance with this Act.
Article 6 (Repeal of Acts and Subordinate Statutes)
The Korea (Chosun)
Notary Public Decree, i.e. Decree No. 3 Promulgated
in 4246 in the Tangun Era, shall hereby be repealed.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation.
(2) (Transitional Measures) Official Duties under Article 6 shall exclude
the duties of public officials of elective offices.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation.
(2) (Transitional Measures) The previous provisions except those provisions
concerned with reappointment shall apply to a notary
public s term at the
time this Act enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 1984.
Articles 2 through 25 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 1985.
Article 2 Omitted.
Article 3 (Relation with Other Acts and Subordinate Statutes)
8
497 (Supp. 8)
If the provisions of Articles 3 and 4 of the previous Act on Special Cases
Concerning the Settlement of Civil Disputes by Summary
Proceedings are
cited in other Acts and subordinate statutes at the time this Act enters
into force, the corresponding Articles
in this Act shall be considered to
be cited in lieu of them.
Article 4 (Transitional Measures)
Any notarial deed of minutes of a corporation and notarization of a bill
and check as made under Articles 3 and 4 of the Act on
Special Cases
concerning the Settlement of Civil Disputes by Summary Proceedings
before this Act enters into force, shall be considered
to be made under
this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1992.
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Act enters into force six months after the
date of its promulgation.
(2) (Transitional Measures on Assistant to Notary Public) Obtaining the
permission of an assistant of notary public from the chief
public prosecutor
of the district public office he belongs under the previous provisions of Article
23 at the time this Act enters
into force, shall be deemed to be filing a
report under the amended provisions of Article 23.
ADDENDA
Article 1 (Enforcement Date)
NOTARY PUBLIC ACT
498(500)(Supp. 44)
This Act shall enter into force six months after the date of its prom ulgation.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided,
That ...
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
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