Enforcement Rule Of The Act On The Implementation Of The Hague Child Abduction Convention

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 Article 1 (Purpose)   print
The purpose of this Rule is to provide for matters delegated by the Act concerning Implementation of the Hague Convention of International Child Abduction and matters necessary for the enforcement thereof.
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 Article 2 (Applications for Assistance, etc. to Secure Return of Children Abducted to Republic of Korea)   print
(1) In order to apply for assistance, etc. to secure the return of a child who is abducted to the Republic of Korea, pursuant to Article 5 of the Act concerning Implementation of the Hague Convention of International Child Abduction (hereinafter referred to as the "Act"), a person shall file an application for assistance to secure the return of a child in attached Form 1 or an application for assistance to exercise rights of access in attached Form 2 with the Minister of Justice, along with the following documents:
1. A copy of an official document certifying the identity of the applicant, such as the applicant's passport or resident registration certificate;
2. A copy of an official document certifying the identity of the child, such as the child's passport;
3. Materials certifying the relationship between the applicant and the child and the applicant's rights of custody, such as the applicant's family relation certificate, the child's birth certificate, and a written judgment;
4. Materials supporting the fact that the nation of the child's habitual residence is a nation, other than the Republic of Korea, and the fact that the child stays in the Republic of Korea;
5. Materials helpful in ascertaining the identity, whereabouts, etc. of the person presumed to have abducted or retained the child;
6. A copy of a document verifying that litigation for divorce or rights of custody of, or access to, the abducted child is pending between the person presumed to have abducted or retained the child to or in the Republic of Korea and the applicant, as the case may be;
7. Other materials relevant to the return of the child or the exercise of rights of access, if available;
8. Korean translations of the documents specified in subparagraphs 1 through 7: Provided, That English translations may be submitted instead, if it is particularly impracticable to translate such documents into Korean.
(2) If the Minister of Justice finds any error in a detail of an application filed under paragraph (1) or an omission in an accompanying document, he/she may require the applicant to rectify such error or omission.
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 Article 3 (Search for Whereabouts, etc. of Abducted Children)   print
(1) Upon receipt of an application filed under Article 5 or 8 of the Act, if the Minister of Justice finds, as a result of an inquiry about a child's immigration records, that the child stays in the territory of the Republic of Korea, he/she may request the Minister of Public Administration and Safety to provide him/her with electronic data of resident registration under Article 30 (1) of the Resident Registration Act, such as the address of the child or the person presumed to have abducted or retained the child.
(2) If the domestic address of a child is confirmed as a result of an inquiry made under paragraph (1), the Minister of Justice may request the chief of the competent police authority to search for the whereabouts of the child.
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 Article 4 (Amicable Resolution of Disputes)   print
If an application filed under Article 5 of the Act meets the requirements specified in Chapter III or IV of the Convention on the Civil Aspects of International Child Abduction (hereinafter referred to as the "Convention"), the Minister of Justice may recommend parties involved to voluntarily return the abducted child or amicably resolve the dispute.
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 Article 5 (Applications for Assistance, etc. to Secure Return of Children Abducted to any other Contracting State)   print
(1) In order to apply for assistance to secure the return of a child who is abducted to any other Contracting State, pursuant to Article 8 of the Act, a person shall file an application for assistance to secure the return of a child in attached Form 1 or an application for assistance to exercise rights of access in attached Form 2 with the Minister of Justice, along with the following documents:
1. A copy of an official document certifying the identity of the applicant, such as the applicant's passport or resident registration certificate;
2. A copy of an official document certifying the identity of the child, such as the child's passport;
3. Materials certifying the relationship between the applicant and the child and the applicant's rights of custody, such as the applicant's family relationship certificate, the child's birth certificate, and a written judgment;
4. Materials supporting the fact that the nation of the child's habitual residence is the Republic of Korea and the fact that the child stays in the Contracting State concerned;
5. Materials helpful in ascertaining the identity, whereabouts, etc. of the person presumed to have abducted or retained the child;
6. A copy of a document verifying that litigation for divorce or rights of custody of, or access to, the abducted child is pending between the person presumed to have abducted or retained the child to or in the Contracting State and the applicant, as the case may be;
7. Other materials relevant to the return of the child or the exercise of rights of access, if available;
8. Translations of the documents specified in subparagraphs 1 through 7 into the official language of the Contracting State concerned or translations of such documents into a language accepted by the Central Authority defined in Article 2 (1) 2 (hereinafter referred to as the "Central Authority") of the Contracting State.
(2) If the Minister of Justice finds any error in a detail of an application filed under paragraph (1) or an omission in an accompanying document, he/she may require the applicant to rectify such error or omission.
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 Article 6 (Transfer of Applications for Assistance to Secure Return of Children Abducted to any other Contracting State)   print
(1) The Minister of Justice may examine whether an application filed under Article 8 of the Act meets the requirements specified in Chapter III or IV of the Convention.
(2) If an application filed under Article 8 of the Act meets the requirements referred to in paragraph (1), the Minister of Justice may transfer the application and accompanying documents to the Central Authority of the Contracting State in which the child resides.
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 Article 7 (Requests for Transmission of Statement of Reasons for Delay)   print
(1) If the Contracting State in which a child resides, fails to reach a decision in the proceedings for the return of the child, such as judicial proceedings for the return of the child, within six weeks from the date the proceedings commence, the relevant applicant under Article 8 of the Act may request the Minister of Justice to transmit a statement of reasons for delay in the judicial proceedings through the Central Authority of the Contracting State concerned
(2) The Minister of Justice may, ex officio or upon receipt of a request made under paragraph (1), (limited to where a just ground exists), request the Central Authority of the Contracting State concerned under paragraph (1) to explain the reasons for delay in judicial proceedings.
(3) Upon receipt of a reply to a request made under paragraph (2), the Minister of Justice shall promptly notify the applicant of the details thereof.
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 Article 8 (Collection of Statistics)   print
In order to collect statistics on cases handled pursuant to the Convention, the Minister of Justice may request the heads of relevant central administrative agencies, etc. referred to in Article 9 of the Act to provide him/her with statistical data relevant to the cases handled.
ADDENDUM
This Rule shall enter into force on March 1, 2013.