Notary Public Act


Published: 2013-05-28

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to ensure the appropriateness and fairness of notarial affairs by prescribing matters concerning the status of notaries public and duties thereof.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 1-2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11461, Jun. 1, 2012>
1. The term "notary public" means a person appointed by the Minister of Justice pursuant to Article 11 to perform duties concerning authentication prescribed by Article 2 (hereinafter referred to as "appointed notary public") and a person who obtains authorization for authentication from the Minister of Justice pursuant to Article 15-2 (hereinafter referred to as "authorized notary public");
2. The term "electronic documents" means electronic documents defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions;
3. The term "computerized documents" means documents converted into a form which can be processed by an information processing system from documents in paper form or other documents not produced in an electronic form (hereinafter referred to as "documents subject to computerization");
4. The term "digital signature" means a digital signature defined in subparagraph 2 of Article 2 of the Digital Signature Act;
5. The term "designated notary public" means a person designated by the Minister of Justice to manage notarial affairs concerning electronic documents and computerized documents (hereinafter referred to as "electronic documents, etc.") among notary publics pursuant to Article 66-3.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 2 (Duties of Notaries Public)   print
The duties of notaries public shall be to manage the following affairs as commissioned by the person concerned or any other interested person. With regard to the above duties, a notary public shall be deemed to have the status of a public official:
1. Preparation of notarial deeds on juristic acts or facts concerning any other private right;
2. Authentication on deeds signed by a private person or an electronic document, etc. (excluding the same prepared officially by a public official);
3. Affairs to be managed by notaries public as prescribed by this Act and other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 3 (Requirements for Effect of Authentication of Documents)   print
No document (including electronic documents, etc.) prepared by a notary public shall have the effect of authentication, unless it meets the requirements prescribed by this Act or any other Act.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 4 (Duties to Accept Commission)   print
(1) No notary public shall refuse a commission pursuant to Article 2 (hereinafter referred to as "commission") without any justifiable ground.
(2) Where a notary public refuses a commission, he/she shall notify the person who commissions (hereinafter referred to as "client") or his/her agent of the ground for refusal.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 5 (Confidentiality)   print
No notary public shall divulge any confidential information he/she has obtained in the course of performing his/her duties, unless specifically stipulated in any other Act: Provided, That this shall not apply where he/she obtains the client's consent.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 6 (Prohibition of Holding Concurrent Office)   print
No appointed notary public shall concurrently serve in public office or engage in commercial business, nor become the representative or an employee of a commercial company or an incorporated association which makes a profit: Provided, That this shall not apply where the notary public concerned obtains the approval of the Minister of Justice as affairs which neither require his/her regular service nor interfere with the performance of his/her duties.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 7 (Fees, Daily Allowances and Travel Expenses)   print
(1) A notary public shall receive fees, daily allowances and travel expenses from a client.
(2) Where a notary public makes notification or delivery in relation to authentication, he/she shall receive actual expenses incurred therein from the client or his/her successor, or any other person who has requested such notification or delivery.
(3) Where a designated notary public keeps electronic documents, etc. at a request made under Article 66-8 (2), he/she shall receive storage fees from the client.
(4) No notary public shall receive any remuneration under any pretext for any affairs he/she has managed, except cases referred to in paragraphs (1) through (3).
(5) Matters concerning fees, daily allowances, travel expenses, actual expenses, and storage fees pursuant to paragraphs (1) through 3 shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 8 (Vicarious Performance of Notarial Affairs)   print
Where there is no notary public in the jurisdiction of a district public prosecutors' office or a notary public is unable to perform his/her duties, or it is recognized as necessary for the convenience of residents, the Minister of Justice may have a public prosecutor or the chief of the registry office in the jurisdiction perform the duties of a notary public.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 9 (Application Mutatis Mutandis of Provisions concerning Duties of Notaries Public)   print
The provisions concerning the duties of notaries public stipulated in this Act or any other Acts and subordinate statutes shall apply mutatis mutandis to a public prosecutor or the chief of the registry office who manages affairs of a notary public in accordance with Article 8: Provided, That fees, daily allowances, travel expenses, actual expenses, and storage fees under Article 7 (1) through (3) shall be the revenue of the national treasury.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
CHAPTER II APPOINTMENT, AUTHORIZATION, ETC. OF NOTARIES PUBLIC
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 Article 10 (Assignment and Quota of Notaries Public)   print
(1) Each notary public shall belong to a district public prosecutors' office in the jurisdiction.
(2) The quota of notaries public belonging to each district public prosecutors' office shall be determined by the Minister of Justice for each jurisdiction of a district public prosecutors' office. In such cases, where it is recognized as necessary in consideration of the area, population, etc. of the jurisdiction of a district public prosecutors' office, the quota of notaries public may be determined by subdividing the jurisdiction.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 11 (Appointment of Appointed Notaries Public)   print
(1) The Minister of Justice may appoint an appointed notary public and designate a district public prosecutors' office to which he/she will belong.
(2) Any person who intends to be appointed pursuant to paragraph (1) shall file an application for appointment with the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 12 (Eligibility Requirements for Appointed Notaries Public)   print
Those who can be appointed as an appointed notary public shall be a person who has served in a position referred to in the subparagraphs of Article 42 (1) of the Court Organization Act for not less than ten years in total.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 13 (Disqualification of Appointed Notaries Public)   print
No person falling under any of the following subparagraphs shall be an appointed notary public:
1. An incompetent or quasi-incompetent;
2. A person declared bankrupt and has not been reinstated;
3. A person in whose case five years have not passed since his/her imprisonment without labor or heavier punishment was completely executed or exempted;
4. A person in whose case two years have not passed since the period of suspension of the execution of imprisonment without labor or a heavier punishment was completed as declared by a court;
5. A person who is under a suspended sentence of imprisonment without labor or a heavier punishment as declared by a court;
6. A person who has been disqualified or whose qualification has been suspended in accordance with a court ruling;
7. A person in whose case five years have not passed since he/she was removed from office or dismissed by impeachment or disciplinary action, or who was disbarred under the Attorney-at-Law Act;
8. A person in whose case three years have not passed since he/she was released from office by disciplinary action.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 13-2 (Offices of Appointed Notaries Public)   print
If an appointed notary public is appointed, he/she shall equip himself/ herself with facilities of a notary public office prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 14 (Dismissal of Notaries Public)   print
(1) The Minister of Justice may, if an appointed notary public falls under any of the following subparagraphs, dismiss such notary public:
1. Where he/she desires to resign of his/her own accord;
2. Where he/she fails to equip himself/herself with facilities of a notary public office pursuant to Article 13-2;
3. Where he/she fails to pay guarantee money or the amount to supplement the same within a period under Article 18;
4. Where he/she is unable to perform his/her duties due to his/her physical or mental disability.
(2) In cases under paragraph (1) 4, resolutions of the Notary Public Disciplinary Committee shall be made pursuant to Article 85.
(3) The chief public prosecutor of a district public prosecutors' office shall, if any of the events set forth in the subparagraphs of paragraph (1) occurs to an appointed notary public under his/her jurisdiction, report such fact to the Minister of Justice without delay.
(4) Where the Minister of Justice intends to dismiss a notary public on any ground under paragraph (1) 2 through 4, he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 15 (Term of Office and Ipso Facto Retirement)   print
(1) The term of office of an appointed notary public shall be five years, and he/she may be reappointed.
(2) The Minister of Justice shall not reappoint an appointed notary public recognized as falling under any of the following subparagraphs:
1. Where he/she is unable to perform his/her duties due to a physical or mental disability;
2. Where he/she has difficulty in performing his/her duties appropriately as a notary public because his/her attitude, methods, results, etc. of the performance of duties are substantially poor.
(3) The retirement age of an appointed notary public shall be set at 75. <<Enforcement Date: Feb. 7, 2012>>
(4) Where the date which becomes the retirement age falls between January and June, an appointed notary public shall retire ipso facto on June 30, and where the date which becomes the retirement age falls between July and December, he/she shall retire ipso facto on December 31. <<Enforcement Date: Feb. 7, 2012>>
(5) An appointed notary public shall retire ipso facto, where he/she falls under any ground for disqualification set forth in the subparagraphs of Article 13.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 15-2 (Authorization for Authentication)   print
(1) The Minister of Justice may grant authorization for authentication to any person who meets all the requirements referred to in the following subparagraphs and designate a competent district public prosecutors' office:
1. He/she shall be a law firm, law firm with limited liability, or judicial association (hereinafter referred to as "law firm, etc.") established under the Attorney-at-Law Act;
2. No less than two of the constituent attorneys-at-law of the relevant law firm, etc. shall be qualified as an attorney-at-law in charge of authentication pursuant to Article 15-4.
(2) Any person who intends to obtain authorization referred to in paragraph (1) shall file an application for authorization with the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-3 (Designation, etc. of Attorneys-at-Law in Charge of Authentication)   print
(1) An authorized notary public shall designate no less than two attorneysat-law in charge of authentication of the constituent attorneys-at-law and report them to the Minister of Justice through the competent district public prosecutors' office. The same shall also apply when there is a change in designation of an attorney-at-law in charge of authentication.
(2) Where only one attorney-at-law in charge of authentication remains, an authorized notary public shall fill the vacancies within three months.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-4 (Qualifications for Attorneys-at-Law in Charge of Authentication)   print
(1) An attorney-at-law in charge of authentication shall have qualifications referred to in Article 12.
(2) No person who falls under any of the following subparagraphs shall become an attorney-at-law in charge of authentication:
1. A person who falls under any ground for disqualification set forth in the subparagraphs of Article 13;
2. A person who is under suspension from office pursuant to subparagraph 3 of Article 90 or suspension of business pursuant to Article 102 (2) of the Attorney-at-Law Act.
(3) The provisions of Article 15 (3) through (5) shall apply mutatis mutandis to an attorney-at-law in charge of authentication. <<Enforcement date with regard to retirement age: Feb. 7, 2012>>
(4) Where any event set forth in the subparagraphs of paragraph (2) or the subparagraphs of Article 15 (2) occurs to an attorney-at-law in charge of authentication, an authorized notary public shall withdraw the designation of the attorney-at-law in charge of authentication without delay, and where any event set forth in Article 15 (3) occurs, an authorized notary public shall withdraw the designation of the attorney-at-law in charge of authentication by the date prescribed in paragraph (4) of the same Article. <<Enforcement date with regard to retirement age: Feb. 7, 2012>>
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-5 (Status of Attorneys-at-Law in Charge of Authentication)   print
When applying Acts and subordinate statutes concerning authentication, an attorney-at-law in charge of authentication shall be deemed a notary public, unless his/her character is unsuitable.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-6 (Offices of Authorized Notaries Public)   print
An authorized notary public shall, when he/she obtains authorization, equip himself/herself with facilities of a notary public office prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-7 (Cancellation of Authorization for Authentication)   print
(1) The Minister of Justice may cancel authorization for authentication, if an authorized notary public falls under any of the following subparagraphs:
1. Where he/she desires cancellation of authentication of his/her own accord;
2. Where he/she has no attorney-at-law in charge of authentication at all or he/she fails to fill the vacancies within a period referred to in Article 15-3 (2);
3. Where he/she designates an attorney-at-law in charge of authentication to address notarial affairs, in violation of Article 15-4;
4. Where he/she fails to equip himself/herself with facilities of a notary public office pursuant to Article 15-6;
5. Where he/she fails to pay guarantee money or the amount to supplement the same within a period under Article 18.
(2) Where an authorized notary public dissolves, the Minister of Justice shall cancel the authorization of authentication immediately.
(3) Where any event set forth in the subparagraphs of paragraph (1) occurs to an authorized notary public belonging to a district public prosecutors' office, the chief public prosecutor of the district public prosecutors' office shall report the same to the Minister of Justice without delay.
(4) Where the Minister of Justice intends to cancel any authorization of authentication by a ground referred to in paragraph (1) 2 through 5, he/she shall hold a hearing.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-8 (Effective Period of Authorization)   print
(1) The effective period of any authorization of authentication shall be five years and the same may be re-authorized.
(2) Article 15 (2) 2 shall apply mutatis mutandis to the re-authorization referred to in paragraph (1).
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-9 (Relationship with Affairs of Attorneys-at-Law)   print
No authorized notary public shall perform notarial affairs referred to in the following subparagraphs in connection with a litigation case for which the relevant law firm, etc. or joint notarization and law office stands proxy:
1. Preparation of notarial deeds on juristic acts or facts concerning any other private right;
2. Preparation of deeds mentioning compulsory execution on bills, checks or slips attached thereto;
3. Authentication of minutes attached to formalities for registration of corporations;
4. Authentication of the articles of association pursuant to Article 292 of the Commercial Act and the provisions applicable mutatis mutandis thereto.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-10 (On-the-Job-Training of Notaries Public)   print
(1) Each appointed notary public shall receive on-the-job training for notary public within three months from the date of appointment, as prescribed by the Minister of Justice.
(2) An attorney-at-law in charge of authentication reported to the Minister of Justice pursuant to Article 15-3 (1) shall also be as set out in paragraph (1).
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 15-11 (Provisions for Delegation)   print
The procedures for appointment or authentication of a notary public and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
CHAPTER III COMMON PROVISIONS CONCERNING PERFORMANCE OF DUTIES
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 Article 16 (Areas for Performance of Duties)   print
The areas where the duties of a notary public are performed shall be the jurisdictional areas of the district public prosecutors' office to which he/she belongs: Provided, That Seoul Special Metropolitan City shall be deemed one area for the above purpose.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 17 (Offices)   print
(1) If a notary public desires to establish or relocate his/her office, he/she shall obtain the authorization of the Minister of Justice.
(2) The establishment and operation of a joint office of an appointed notary public and other necessary matters shall be prescribed by Presidential Decree.
(3) A notary public shall perform his/her duties at his/her office: Provided, That this shall not apply where it is impossible to perform his/her duties at his/her office on account of the character of the case, or if it is otherwise provided in other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 17-2 (Performance of Duties of Authorized Notaries Public)   print
(1) The duties of an authorized notary public shall be performed by an attorney-at-law in charge of authentication at his/her head office.
(2) With regard to the duties of an authorized notary public, each attorney-at-law in charge of authentication shall represent the authorized notary public.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 18 (Refund of Guarantee Money)   print
(1) A notary public shall pay guarantee money to a district public prosecutors' office to which he/she belongs within fifteen days from the date he/she receives a certificate of appointment or a certificate of authorization.
(2) The amount of guarantee money shall be prescribed by Ordinance of the Ministry of Justice.
(3) If the amount paid pursuant to paragraph (1) falls short of the amount determined pursuant to paragraph (2) and a notary public is ordered to make good a deficiency, he/she shall make good the deficiency within 30 days from the date he/she receives such order.
(4) No notary public shall perform his/her duties until he/she pays guarantee money.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 19 (Refund of Guarantee Money)   print
(1) Where any guarantee money is refunded, a public announcement that persons entitled to such guarantee money should apply for the refund within six months shall be made.
(2) No guarantee money shall be refunded, unless the period prescribed by paragraph (1) has elapsed.
(3) Guarantee money shall be appropriated for the expenses incurred in the public announcement under paragraph (1) in preference over any other public imposts or claims.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 20 (Report of Signature and Official Seal)   print
(1) A notary public shall report the imprint of his/her signature and official seal to be used, before he/she performs his/her duties, to the chief public prosecutor of the district public prosecutors' office to which he/she belongs.
(2) If a notary public intends to change his/her reported signature or official seal, he/she shall report such change in advance to the chief public prosecutor of the district public prosecutors' office to which he/she belongs.
(3) If the chief public prosecutor of the district public prosecutors' office receives a report on the imprint of a signature and official seal pursuant to paragraphs (1) and (2), he/she shall report the same to the Minister of Justice without delay.
(4) A notary public shall use one official seal.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 21 (Exclusion of Notaries Public)   print
No notary public shall perform his/her duties, if he/she falls under any of the following subparagraphs:
1. Where he/she is a relative of a client, his/her agent, a person interested in a commissioned matter. The same shall also apply even if such relationship is terminated;
2. Where he/she is the legal representative of a client or his/her agent;
3. Where he/she has an interest in a commissioned matter;
4. Where he/she is or was an agent or assistant concerning a commissioned matter.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 22 (Matters to be Mentioned when Affixing Signature)   print
If a notary public affixes his/her signature as his/her official duty, he/she shall state his/her official title, where he/she belongs and the location of his/her office.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 23 (Assistants to Notaries Public)   print
(1) A notary public may have an assistant to assist the performance of his/her duties.
(2) Any notary public who intends to have an assistant pursuant to paragraph (1) shall report to the Korean Notaries Association pursuant to Article 77-2, as prescribed by Presidential Decree. The same shall also apply where an assistant is replaced, dismissed, or deceased.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 24 (Prohibition of Taking out Documents, etc. and Preservation Thereof)   print
(1) No documents and books referred to in the following subparagraphs shall be taken out of a notary public office, unless there exists any unavoidable cases to escape from a disaster or an order or permission is obtained from the Minister of Justice or the chief public prosecutor of the district public prosecutors' office to which he/she belongs: <Amended by Act No. 11823, May. 28, 2013>
1. Original deeds and documents attached thereto prepared by a notary public;
2. Copies of deeds signed by private persons and documents attached thereto kept by a notary public pursuant to Article 57 (4);
3. Articles of association (including deeds signed by private persons and minutes of a corporation applicable mutatis mutandis pursuant to Articles 57-2 (7) and 66-2 (4)) and documents attached thereto kept by a notary public pursuant to Article 63 (3);
4. Information, electronic documents, etc. and documents attached thereto kept or maintained by a designated notary public pursuant to Article 66-8 (1) and (2);
5. Other books prepared by a notary public in accordance with statutes.
(2) Documents, etc. referred to in paragraph (1) may be kept in microfilm or by other computerized information processing systems.
(3) Where the documents, etc. referred to in paragraph (1) are kept intact or kept pursuant to paragraph (2), the methods of keeping documents, where and how long to keep them, destruction thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
CHAPTER IV PREPARATION OF DEEDS
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 Article 25 (Cases where Deeds cannot be Prepared)   print
No notary public shall prepare a deed concerning any of the following subparagraphs:
1. Any matter in violation of Acts and subordinate statutes;
2. Any juristic act which is null and void;
3. Any juristic act which may be cancelled on account of incompetence.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 26 (Language to be Used)   print
(1) The Korean language shall be used in any deed prepared by a notary public: Provided, That a foreign language may be used together at the request of a client.
(2) In cases referred to in the proviso to paragraph (1), if the contents of the Korean language and those of a foreign language used together with the former are different from each other, the contents mentioned in the Korean language shall have preference to those of a foreign language.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 27 (Confirmation of Clients)   print
(1) A notary public shall know the name and face of a client in order to prepare a deed.
(2) If a notary public does not know the name or face of a client, he/she shall have a client prove that he/she is a client by any of the following methods: Provided, That where a client is a foreigner, he/she may prove that he/she is a client himself/herself by his/her passport or a certificate issued by the consul of the client's country stationed in the Republic of Korea:
1. By having him/her submit a certificate of resident registration or a certificate with a photo attached thereto issued by a competent administrative agency;
2. Whereby a notary public has two witnesses who know the name and face of a client prove that he/she is the client himself/herself;
3. Other sure methods equivalent to those referred to in subparagraphs 1 and 2.
(3) If a notary public prepares a deed on account of an emergency, he/she may go through formalities referred to in paragraph (2) in accordance with the provisions concerning the preparation of a deed within three days after he/she prepares the deed.
(4) If a notary public has gone through formalities referred to in paragraph (3), the deed he/she prepared shall not lose its effect by reason that it was not prepared on account of an emergency.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 28 (Employment of Interpreters)   print
If a client is unable to understand the Korean language or is deaf, dumb, or unable to speak as a person who is unable to communicate verbally and is unable to read, a notary public shall employ an interpreter in order to prepare a deed.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 29 (Participation of Participants)   print
(1) If a client is a person who is visually disabled or illiterate, a notary public shall have a participant participate when he/she prepares a deed.
(2) Paragraph (1) shall apply mutatis mutandis where a client requests the presence of a participant.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 30 (Commission by Proxy)   print
If a notary public is commissioned by an agent of a client, the provisions of Articles 27 through 29 shall apply mutatis mutandis to the agent.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 31 (Certification of Power of Representation)   print
(1) If a notary public prepares a deed under the commission of an agent, he/she shall have the agent produce a certificate proving his/her right of representation.
(2) If a deed referred to in paragraph (1) is a deed signed by a private person not authenticated, a notary public shall have the agent prove that the deed is true and correct by producing a certificate of personal seal impression or a certificate concerning signature prepared by a competent administrative agency in addition to the deed.
(3) If any defect or omission in the representation or the method thereof is made good afterwards pursuant to the provisions concerning the preparation of a deed, the effect of such deed shall not be denied by reason of such defect or omission.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 32 (Authentication of Juristic Act which Requires Permission or Consent)   print
(1) Where a notary public prepares a deed concerning a juristic act which requires the permission or consent of a third person, he/she shall have a client produce a certificate which proves that the third person has permitted it or consented thereto.
(2) The provisions of Article 31 (2) and (3) shall apply mutatis mutandis to cases referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 33 (Selection of Interpreter and Attestor and their Certification)   print
(1) An interpreter and a participant shall be selected by either a client or his/her agent.
(2) A participant may serve as an interpreter concurrently.
(3) No person who falls under any of the following subparagraphs shall be a participant: Provided, That this shall not apply where a client requests attendance of a participant pursuant to Article 29 (2):
1. A minor;
2. A person who is visually disabled or illiterate;
3. A person unable to affix a signature;
4. An interested person in a commissioned matter;
5. A person who is or was an agent or assistant with regard to a commissioned matter;
6. A relative, employee or cohabitant of a notary public;
7. An assistant to a notary public.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 34 (Contents of Deed)   print
Where a notary public prepares a deed, he/she shall record thereon what he/she has heard, what he/she has seen and what he/she has actually experienced otherwise, and the means by which he/she experienced them.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 35 (Items to be Mentioned)   print
In a deed which is prepared by a notary public, the following items shall be mentioned in addition to the contents thereof:
1. Number of a deed;
2. The address, profession, name and age of a client (in cases of a corporation, its name and the location of its office);
3. If a notary public is commissioned by an 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;
4. If a notary public knows the name and face of a client or his/her agent, the fact thereof;
5. If a notary public has a client produce a certificate which proves that the permission or consent of a third person has been obtained, the reason therefor and the address, profession, name and age of the third person (in cases of a corporation, its name and the location of its office);
6. If certification under Article 27 (2) is granted, the reason therefor, the address, profession, name and age of the witness or the method of confirmation;
7. In cases referred to in Article 27 (3), the reasons therefor;
8. If certification under Article 31 (2) is granted, the reason therefor;
9. Where an interpreter or a participant has made attendance, the reason therefor and the address, profession, name and age of the interpreter or the participant;
10. Date and place of preparation.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
law view
 Article 35-2 (Further Entry)   print
(1) A notary public may make a further entry in a script of an authentic deed on the fact of a full discharge of obligation or an entire resolution of contract under the commission of both parties or their agents mentioned in the authentic deed.
(2) In making a further entry under paragraph (1), the date thereof shall be specified and it shall be signed and sealed by a client or his/her agent and notary public.
(3) The provisions of Articles 27 through 33 and 36 through 38 shall apply mutatis mutandis to cases referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 36 (Methods of Preparation of Deeds)   print
(1) When a notary public prepares a deed, he/she 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, it shall be indicated that no word is in that part, by drawing straight or oblique lines therein.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 37 (Alteration, Insertion and Deletion of Characters)   print
(1) No characters written in a deed shall be altered.
(2) When characters are inserted in a deed, the number of characters inserted and the position thereof shall be stated in the margin or the end space, and a notary public, a client or his/her agent and a participant shall affix their seals thereon.
(3) When any characters written in a deed are deleted, the original characters must be left untouched so as to be clearly legible, and the number of characters deleted and the position thereof shall be noted in the margin or the end space, and a notary public, a client or his/her agent and a 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.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 38 (Procedure for Preparation of Deeds)   print
(1) A notary public shall read a deed he/she has prepared to the attendants or shall have them inspect the deed so that he/she may confirm that a client or his/her agent has no objection to the deed, and shall state the tenor thereof in the deed.
(2) Where a notary public has an interpreter attend, he/she shall have the interpreter state the tenor of the deed in addition to procedures referred to in paragraph (1), and he/she shall state the tenor thereof in the deed.
(3) If each tenor pursuant to paragraphs (1) and (2) is mentioned, a notary public and the attendants shall respectively put signatures and affix seals on the deed.
(4) If a person is unable to sign as an attendant, the reason to do shall be stated on the deed and a notary public and a participant shall affix their seals thereon.
(5) If a deed is composed of several pages, a notary public shall affix a joint seal on the joint of every page with an official seal.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 39 (Citation of Documents)   print
(1) Where any other documents are cited in a deed prepared by a notary public and the citation is attached to the deed, the notary public shall affix a joint seal on the joint between the deed and documents attached thereto.
(2) The provisions of Articles 36 through 38 shall apply mutatis mutandis to the attached documents referred to in paragraph (1).
(3) The attached documents pursuant to paragraphs (1) and (2) shall be deemed part of the deed prepared by a notary public.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 40 (Binding of Attached Documents)   print
(1) Attached documents referred to in the following subparagraphs shall be bound to a deed prepared by a notary public: Provided, That where a client requests a notary public to return the original attached documents, a copy thereof may be bound in lieu of the original documents:
1. A deed which proves the right of representation;
2. A certificate issued by a competent administrative agency;
3. A deed which proves the permission or consent of a third person;
4. Other attached documents.
(2) A notary public shall affix a joint seal on the joint between a deed and the documents attached thereto and on the joint between the documents attached with an official seal.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 41 (Cases of Destruction of Originals)   print
(1) Where an original deed is destroyed, a notary public shall recover the authentic copy or a certified transcript of the deed already issued and shall obtain the authorization of the chief public prosecutor of the district public prosecutors' office to which he/she belongs and keep either of them in lieu of the deed destroyed.
(2) A notary public shall sign his/her name and affix his/her seal on the deed referred to in paragraph (1) after mentioning the effect that the deed is kept in lieu of the destroyed deed with the authorization of the chief public prosecutor of the district public prosecutors' office to which the notary public belongs and the date of authorization.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 42 (Affixing of Stamp)   print
Where a notary public prepares a notarial deed subject to payment of stamp tax under the Stamp Tax Act, he/she shall have a client affix a stamp upon the original deed.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 43 (Inspection of Originals)   print
(1) A client, his/her successor or a person who proves himself/herself to have the legal interest in the tenor of a deed may request inspection of the original deed.
(2) The provisions of Articles 27 (1) and (2) and 30 shall apply mutatis mutandis where a notary public allows the requester to inspect an original deed pursuant to paragraph (1). <Amended by Act No. 11154, Jan. 17, 2012>
(3) Where a notary public allows the successor of a client to inspect an original deed, he/she shall have him/her submit a deed which proves him/herself as a true successor.
(4) Any public prosecutor may request the inspection of an original deed at any time.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 43-2 (Certification of Power of Representation)   print
(1) If a notary public is commissioned by an agent to inspect an original deed, he/she shall have the agent submit a certificate proving his/her right of representation.
(2) If a deed referred to in paragraph (1) is a deed signed by a private person not authenticated, a notary public shall have the agent prove that the deed is authentic by having him/her submit a certificate concerning signature in addition to the deed.
[This Article Newly Inserted by Act No. 11154, Jan. 17, 2012]
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 Article 44 (Original Register of Deeds)   print
A notary public shall prepare and keep the original register of deeds.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 45 (Matters to be Entered in Original Register of Deeds)   print
(1) The following matters shall be entered in the original register of deeds according to the order of progress whenever a deed is prepared:
1. The number and type of a deed;
2. The address and name of a client (in cases of corporation, its name and the location of its office);
3. The date of preparation.
(2) Paragraph (1) shall not apply where it is specifically stipulated in Acts and subordinate statutes concerning the original register in which a deed is entered.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 46 (Issuance of Authentic Copies)   print
(1) A client or his/her successor may request the issuance of the authentic copy of a deed.
(2) Articles 27 (1) and (2), 30, 31 (1) and (2) and 43 (3) shall apply mutatis mutandis where a notary public prepares the authentic copy of a deed in accordance with paragraph (1).
(3) Article 31 (2) shall apply mutatis mutandis to a deed to be submitted where the successor of a client requests the issuance of the authentic copy of a deed.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 47 (Matters to be Entered in Authentic Copies)   print
(1) A notary public shall enter the following matters in the authentic copy of a deed, put his/her signature and affix his/her seal thereon:
1. Full text of the deed;
2. The fact that it is the authentic copy;
3. The name of a person who has requested the issuance;
4. Date and place of preparation.
(2) If an authentic copy does not comply with paragraph (1), its effect as the authentic copy shall be null and void.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 48 (Authentic Copies of Extracts)   print
(1) As to deeds in which several cases are stated or deeds in which relationships among each of several persons are different, the authentic copy may be prepared by extracting the useful part and the part only concerning the method of the deed.
(2) The fact that it is an authentic copy of an extract shall be stated in the authentic copy referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 49 (Mention of Fact that Authentic Copy is Issued)   print
If a notary public delivers the authentic copy of a deed, he/she shall state at the end of the original copy of the deed that the authentic copy has been issued to a client or his/her successor and the date of its issuance, and shall put his/her signature and affix his/her seal thereon.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 50 (Issuance of Certified Transcripts)   print
(1) A client, his/her successor, or a person who has proved him/herself to have the legal interest in the tenor of a deed may request the issuance of a certified transcript of a deed or the documents attached thereto.
(2) Articles 27 (1) and (2), 30, 43 (3) and 43-2 shall apply mutatis mutandis where a notary public prepares a certified transcript of a deed pursuant to paragraph (1). <Amended by Act No. 11154, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 51 (Matters to be Entered in Certified Transcripts)   print
A notary public shall enter all the matters referred to in the following subparagraphs in a certified transcript of a deed, put his/her signature and affix his/her seal thereon:
1. Full text of the deed;
2. The fact that it is a certified transcript;
3. Date and place of preparation.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 52 (Certified Transcripts of Extracts)   print
(1) A certified transcript of a deed may be prepared concerning part of the deed.
(2) In a certified transcript referred to in paragraph (1), the fact that it is a certified transcript of extract prepared by abstracting part of a deed shall be entered.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 53 (Certified Transcripts of Attached Documents)   print
Articles 51 and 52 shall apply mutatis mutandis where a certified transcript of documents attached to a deed is prepared.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 54 (Preparation of Certified Transcripts by Requester)   print
(1) Any person who requests a certified transcript of a deed or the papers attached thereto may directly enter matters to be mentioned therein, and request a notary public only to put his/her signature and affix his/her seal thereon.
(2) If a notary public puts his/her signature and affixes his/her seal on a certified transcript referred to in paragraph (1), the certified transcript shall have the same effect as that prepared by the notary public himself/ herself.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 55 (Method of Preparing Authentic Copies and Certified Transcripts)   print
(1) If the authentic copy and a certified transcript of a deed or a certified transcript of the papers attached thereto is comprised of several pages, a notary public shall affix a joint seal on the joint of every page with an official seal.
(2) Articles 36 and 37 shall apply mutatis mutandis to the preparation of the authentic copy or certified transcript of a deed, or a certified transcript of the papers attached thereto.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 56 (Special Provisions for Preparation of Testaments and Protests)   print
The main sentence of Article 17 (3) shall not apply where a notary public prepares a testament, and Articles 27 through 31 shall not apply where a notary public prepares a protest.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 56-2 (Authentication of Bills and Checks)   print
(1) A notary public may prepare a notarial deed stating the intention to recognize and accept the compulsory execution attached to a bill or check.
(2) A notarial deed as referred to in paragraph (1) may only be prepared when commissioned by a payee and drawee, transferor and transferee of a bill or check, or an agent thereof.
(3) When a notary public prepares a deed as referred to in paragraph (1), he/she shall make the authentic copy of the deed with the original of a bill or check attached thereto and make the original and a certified transcript of the deed with a copy of the bill or check attached thereto, and deliver the authentic copy to the creditor as specified on the bill or check, a certified transcript to the debtor thereon, and preserve the original deed.
(4) Notwithstanding Article 56 of the Civil Execution Act, a deed as referred to in paragraph (1) shall be considered an execution title with respect to a drawer and endorser as notarized on the bill or check as well as a payer having notarized and accepted an authenticated bill of exchange.
(5) An execution clause to a deed considered an execution title under paragraph (4) shall be only vested in a drawee of an authenticated bill or check or a transferee of a notarized and endorsed bill or check.
(6) The provisions of Articles 25 through 35, 35-2, 36 through 38, 40 through 43 and 43-2 shall apply mutatis mutandis to cases referred to in paragraph (1). <Amended by Act No. 11154, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 56-3 (Authentication, etc. of Juristic Act concerning Transfer, etc. of Buildings, Land or Specific Movables)   print
(1) A notary public may prepare an authentic deed mentioning the tenor of accepting compulsory execution against a request for transfer or return of buildings or land, or movables prescribed by Presidential Decree: Provided, That an authentic deed concerning the transfer or return of rented buildings shall only be prepared where it has been prepared within six months before the transfer or return of the rented buildings due to termination of lease between a lessor and lessee and it includes the agreement of accepting compulsory execution against payment of money to the lessee.
(2) In case of commissioning the preparation of an authentic deed as referred to in paragraph (1), neither of the parties shall stand proxy for the other party and neither of the agents shall stand proxy for both parties.
(3) Notwithstanding Article 56 of the Civil Execution Act, an authentic deed as referred to in paragraph (1) shall be considered as an execution title of compulsory execution.
(4) An execution clause to a deed considered as an execution title under paragraph (3) shall be vested where a notary public who keeps the deed obtains the permission of a single judge of the district court having jurisdiction over the place of the office of the notary public. In such cases, the single judge of the district court may question the principal or his/her agent, if necessary for determining whether he/she grants the permission.
[This Article Newly Inserted by Act No. 11823, May. 28, 2013]
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 Article 56-4 (Restriction on Granting Execution Clauses)   print
(1) No notary public shall grant an execution clause unless seven days (one month for an authentic deed concerning transfer or return of buildings or land, from among authentic deeds referred to in Article 56-3) have passed from the date when a notarial deed is prepared. <Amended by Act No. 11823, May. 28, 2013>
(2) No notary public shall grant an execution clause when a further entry is made under Article 35-2 (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
[Moved from Article 56-3; Former Article 56-4 moved to Article 56-5]
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 Article 56-5 (Delivery of Authentic Copy, etc. of Notarial Deed as Execution Title)   print
(1) A delivery of the authentic copy or a certified transcript of a deed as execution title as prescribed in Article 56-3 and subparagraph 4 of Article 56 of the Civil Execution Act or an execution clause and a certified transcript of a certificate as prescribed in Article 39 (2) and (3) of the said Act concerning such deed shall be made by mail or other means as prescribed by the Supreme Court Regulations: Provided, That for a person to whom the authentic copy or a certified transcript of a deed has been delivered under Article 46 or 50, the authentic copy or a certified transcript of the deed shall be deemed to have been served. <Amended by Act No. 11823, May. 28, 2013>
(2) Delivery by mail shall be made by a notary public upon receipt of the request.
(3) Articles 176 (2), 178 (1), 179 through 183, 186 and 193 of the Civil Procedure Act shall apply mutatis mutandis to a delivery as referred to in paragraph (2).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
[Moved from Article 56-4]
CHAPTER V AUTHENTICATION OF DEEDS SIGNED BY PRIVATE PERSONS
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 Article 57 (Method of Authentication)   print
(1) The authentication of a deed signed by a private person shall be made by having a client sign and affix his/her seal onto the said deed in front of a notary public, or having the principal or his/her agent confirm the signature or seal on the deed signed by a private person and then stating such fact on the deed.
(2) A certified transcript of a deed signed by a private person shall be authenticated by stating the fact that the certified transcript accords with the original deed signed by a private person after acknowledging its accord by comparing it with the original deed.
(3) Where any character is inserted, deleted, altered, or written in the margin, or any part is corrected or damaged, or any reason remarkably doubtful seemingly exists, such situation shall be written in a written authentication.
(4) A notary public shall keep a copy of a deed to which authentication is provided pursuant to paragraphs (1) and (2) and documents attached thereto.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 57-2 (Authentication of Oath)   print
(1) When a notary public provides authentication to a deed signed by a private person, and if a client takes an oath to confirm the authenticity of the contents of a deed signed by a private person in the presence of the notary public and sign or seal the deed, or confirms the signature or seal on the deed signed by a private person, he/she shall write such fact of oath on the deed.
(2) No notary public shall have a person falling under any of the subparagraphs of Article 322 of the Civil Procedure Act take an oath referred to in paragraph (1).
(3) No authentication of an oath referred to in paragraph (1) shall be commissioned by an agent.
(4) A notary public shall reveal the tenor of an oath to a client before making the oath, and shall notify him/her that, in case of him/her taking an oath with knowledge of the fact that the contents of a deed are false, he/she may be subject to an administrative fine. <Newly Inserted by Act No. 11823, May. 28, 2013>
(5) An oath pursuant to paragraph (1) shall be taken according to an oath handwritten by a client that “I, hereby, swear that the contents of this deed are true and correct according to my conscience, and if the said contents are false I will be ordered an administrative fine.” <Amended by Act No. 11823, May. 28, 2013>
(6) A notary public shall have a client read out a written oath and set his/her hand and seal or affix his/her signature, and where a client cannot write or read out a written oath or affix his/her signature and seal thereto or sign the oath, a notary public shall have a participant pursuant to Article 29 take his/her place. <Amended by Act No. 11823, May. 28, 2013>
(7) Articles 63 (1) and (3), and 65 (1) and (3) shall apply mutatis mutandis to the authentication of oaths referred to in paragraph (1). <Amended by Act No. 11823, May 28, 2013>
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 58 (Entries in Deeds)   print
An entry number, date and place of the authentication shall be entered in a deed to be notarized, and a notary public and participant shall put their signatures and affix their seals thereon, and a joint seal shall be affixed between the deed and the notarial deed book.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 59 (Mutatis Mutandis Application when Providing Authentication to Deeds Signed by Private Persons)   print
Articles 25 through 33, 36, 37 and 38 (5) shall apply mutatis mutandis where authentication is provided to deeds signed by private persons.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 60 (Notarial Deed Books)   print
A notary public shall prepare and keep a notarial deed book.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 61 (Matters to be Entered in Notarial Deed Books)   print
The following particulars shall be entered in a notarial deed book according to the order of progress whenever authentication is provided:
1. Entry number;
2. The name and address of a client (in cases of a corporation, its name and the location of its office);
3. The kind of a deed signed by a private person and a person who put his/her signature and affixed his/her seal;
4. Method of authentication;
5. The address and name of the participant;
6. Date of authentication.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 62 Deleted. <by Act No. 9416, Feb. 6, 2009>   print
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 Article 63 (Procedures for Authentication of Articles of Association)   print
(1) If authentication of the articles of association is to be commissioned in accordance with Article 292 of the Commercial Act and the provisions applicable mutatis mutandis thereto, two copies of the articles of association (excluding the articles of association prepared in electronic form; hereinafter the same shall apply) shall be submitted.
(2) The articles of association shall be authenticated by having a client or his/her agent confirm in the presence of a notary public that the promoters have signed or signed and sealed each copy of the articles of association and by stating the fact thereof.
(3) A notary public shall keep one copy of the articles of association recorded pursuant to paragraph (2), and shall return another copy to the client or his/her agent.
(4) Articles 57 (3) and 58 through 61 shall apply mutatis mutandis to cases referred to in paragraph (2).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 64 (Binding of Attached Papers)   print
(1) The following attached papers shall be bound to the articles of association kept by a notary public pursuant to Article 63 (3):
1. A deed proving the power of representation;
2. A certificate issued by the competent administrative agency;
3. A deed proving the permission or consent of a third person;
4. Other attached papers.
(2) Article 40 (2) shall apply mutatis mutandis to cases referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 65 (Cases where Preserved Articles of Association are Destroyed)   print
(1) Where the articles of association preserved in accordance with Article 63 (3) have been destroyed, a notary public shall prepare a certified transcript according to the articles of association returned to a client, or recover a certified transcript of the articles of association already issued, and preserve the same in place of the articles of association destroyed, with the authorization of the chief public prosecutor of the district public prosecutors' office to which the notary public belongs.
(2) Where a copy of a deed preserved pursuant to Article 57 (4) has been destroyed, a notary public shall prepare a copy according to a deed possessed by a client and preserve the same in place of a copy of the deed destroyed with the authorization of the chief public prosecutor of the district public prosecutors' office to which the notary public belongs.
(3) Article 41 (2) shall apply mutatis mutandis to cases referred to in paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 66 (Mutatis Mutandis Application to Articles of Association Preserved by Notaries Public, etc.)   print
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 Article 66-2 (Authentication of Minutes of Corporation)   print
(1) Minutes of a general meeting, etc. 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 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. <Amended by Act No. 9750, May 28, 2009>
(2) Any notary public who provides authentication pursuant to paragraph (1) shall confirm whether the procedures for and details of a resolution made by a general meeting, etc. conform to the truth. <Amended by Act No. 9416, Feb. 6, 2009>
(3) The confirmation as referred to in paragraph (2) shall be made whereby a notary public shall state the fact after attending the place of a resolution made by the corporation concerned and examining the procedures for and details of the resolution, or at the request of persons beyond the quorum necessary for such resolution out of the persons who made the relevant resolution or their agent, and hearing his/her statement about whether the details of minutes conform to the truth, and having him/her confirm the signatures and seals of the minutes in his/her presence. <Amended by Act No. 9416, Feb. 6, 2009>
(4) Articles 57 (3), 58 through 61, 63 (1) and (3), 64, 65 (1) and (3) and 66 shall apply mutatis mutandis where a notary public authenticates minutes pursuant to paragraph (1). <Amended by Act No. 9416, Feb. 6, 2009>
[This Article Newly Inserted by Act No. 3790, Sep. 14, 1985]
CHAPTER V AUTHENTICATION OF DEEDS SIGNED BY PRIVATE PERSONS
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 Article 66-3 (Designation, etc. of Designated Notaries Public)   print
(1) The Minister of Justice may designate and announce a notary public who has equipped himself/herself with facilities prescribed by Presidential Decree as a designated notary public.
(2) A notary pubic who intends to be designated pursuant to paragraph (1) shall file an application for designation with the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice.
(3) Chapter VI shall not apply to notarial affairs on electronic documents, etc. managed by a designated notary public.
(4) Other matters necessary for the qualifications, procedures for designation, etc. of a designated notary public shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-4 (Cancellation of Designation of Designated Notaries Public)   print
(1) The Minister of Justice may cancel designation of a designated notary public if such designated notary public falls under any of the following subparagraphs:
1. Where he/she desires the cancellation of designation, of his/her own accord;
2. Where he/she fails to equip himself/herself with facilities pursuant to Article 66-3 (1).
(2) The chief public prosecutor of a district public prosecutors' office shall, if any event set forth in the subparagraphs of paragraphs (1) occurs to a designated notary public who belongs to the district public prosecutors' office, report it to the Minister of Justice without delay.
(3) If the Minister of Justice intends to cancel designation of a designated notary public by a ground referred to in paragraph (1) 2, he/she shall hold a hearing.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-5 (Authentication of Electronic Documents)   print
(1) Electronic documents shall be authenticated by any of the following methods: <Amended by Act No. 11823, May. 28, 2013>
1. Having a client affix his/her digital signature onto electronic documents and attach information containing the fact to the electronic documents by electronic means, as prescribed by Presidential Decree;
2. Having a client or his/her agent confirm a digital signature on electronic documents and then attaching information containing such fact by electronic means to electronic documents.
(2) When authenticating electronic documents, if a client takes an oath in the presence of a designated notary public that the contents of electronic documents are true and correct and affix his/her digital signature thereto or confirm a digital signature, the designated notary public shall attach information containing details of such an oath to the electronic documents by electronic means.
(3) Articles 25 through 33 shall apply mutatis mutandis to the authentication pursuant to paragraph (1).
(4) Articles 25 through 29, 32, 33 and 57-2 (2) through (4) and (6) shall apply mutatis mutandis to the authentication of an oath pursuant to paragraph (2). <Amended by Act No. 11823, May. 28, 2013>
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-6 (Authentication of Computerized Documents)   print
(1) Where computerized documents and documents subject to computerization accord with each other as a result of comparison, a designated notary public may provide authentication referred to in Article 57 (2) on the computerized documents.
(2) Articles 25 through 33 shall apply mutatis mutandis to the authentication of computerized documents.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-7 (Digital Signatures of Designated Notaries Public)   print
Where a designated notary public provides authentication on electronic documents, etc. pursuant to Articles 66-5 (1) and (2) and 66-6 (1), he/she shall affix his/her signature onto information mentioned in the relevant electronic documents, etc. and information attached thereto, and attach information which may confirm the same to the relevant electronic documents, etc. by electronic means.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-8 (Preservation of Authenticated Electronic Documents, etc.)   print
(1) Any designated notary public who provides authentication on electronic documents, etc. pursuant to Articles 66-5 (1) and (2) and 66-6 (1) shall preserve information which may confirm identity with information mentioned in the authenticated electronic documents, etc.
(2) A client may request a designated notary public to keep electronic documents, etc. in which information identical to the authenticated electronic documents, etc. pursuant to Articles 66-5 (1) and (2) and 66-6 (1).
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-9 (Provision of Authenticated Information)   print
(1) A client, his/her successor or a person who has proved that he/she has a legal interest in the contents of electronic documents, etc., the truth and existence thereof, etc. may request a designated notary public to provide him/her with the following:
1. Proof that information mentioned in electronic documents, etc. possessed by himself/herself is the same as information mentioned in electronic documents, etc. referred to in Article 66-8 (1);
2. Provision of information which is the same as electronic documents, etc. possessed pursuant to Article 66-8 (2).
(2) Information pursuant to paragraph (1) 2 may be provided by the method of delivering a document proving the contents of electronic documents, etc. kept by a designated notary public.
(3) Where a designated notary public proves or provides information by electronic means pursuant to paragraph (1), he/she shall take measures referred to in Article 66-7.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-10 (Provisions concerning Delegation)   print
Digital signatures used by clients and designated notaries public, the forms of electronic documents, etc., the procedures for authenticating electronic documents, etc. and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
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 Article 66-11 (Development and Spread of Technologies)   print
The Minister of Justice shall develop and diffuse technologies required for the authentication of electronic documents, etc. by designated notaries public.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009] <<Enforcement Date: Aug. 7, 2010>>
CHAPTER VI PROXY, HOLDING CONCURRENT OFFICE AND BUSINESS TRANSFER
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 Article 67 (Commissioning Proxy for Notarial Duties)   print
(1) If a notary public is unable to perform his/her duties on account of a disease or other extenuating circumstances, he/she may commission another notary public to perform as his/her proxy.
(2) If a notary public has commissioned his/her proxy pursuant to paragraph (1), he/she shall, without delay, report the reason thereof to the chief public prosecutor of the district public prosecutors' office to which he/she belongs. The same shall also apply when he/she dismisses his/her proxy.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 68 (Orders for Proxy for Notarial Duties)   print
(1) In cases referred to in Article 67 (1), when a notary public is unable to commission his/her proxy, the chief public prosecutor of the district public prosecutors' office to which the notary public belongs may order another notary public in his/her jurisdiction to act on behalf of the notary public.
(2) When a notary public is able to perform his/her duties, the chief public prosecutor of the district public prosecutors' office to which the notary public belongs shall withdraw orders referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 69 (Offices of Notaries Public by Proxy)   print
(1) The office of an acting notary public who performs his/her duties pursuant to Articles 67 and 68 shall be deemed the office of a notary public on whose behalf action is taken by proxy.
(2) When an acting notary public officially signs papers, he/she shall state the name of a notary public on whose behalf action is taken by proxy, the location of his/her office, and that he/she is an acting notary public.
(3) Article 21 shall apply to acting notaries public.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 70 (Sealing of Papers in Office)   print
When it is deemed necessary due to the death, dismissal or resignation of a notary public, the chief public prosecutor of the public prosecutors' office to which the notary public belongs shall, without delay, have a public official he/she has designated seal the papers in the office.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 71 (Orders to Hold Concurrent Office)   print
(1) If a successor is not immediately appointed after the death, dismissal or resignation of a notary public, the chief public prosecutor of the district public prosecutors' office to which the notary public belongs may order another notary public in the jurisdiction to hold concurrent office.
(2) If the successor becomes able to perform the relevant duties, the chief public prosecutor of the district public prosecutors' office to which the former notary public belongs shall withdraw orders referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 72 (Acceptance of Papers)   print
(1) If a notary public is dismissed or resigns, the successor or a notary public holding concurrent office shall, without delay, accept papers in the presence of the former notary public.
(2) Where the former notary public is unable to attend due to the death or for other reasons, the successor or a notary public holding concurrent office shall take over papers in the presence of a public official designated by the chief public prosecutor of the district public prosecutors' office to which the former notary public belongs.
(3) The successor or a notary public holding concurrent offices appointed after sealing of papers under Article 70 shall break a seal and acquire the papers in the presence of a public official designated by the chief public prosecutor of the district public prosecutors' office to which the notary public belongs.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 73 (Mutatis Mutandis Application when Transferring Documents by Notary Public Holding Concurrent Office)   print
Article 72 shall apply mutatis mutandis where a notary public holding concurrent office transfers again the papers to another notary public.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 74 (Entry of Notary Public Holding Concurrent Office or Successor)   print
(1) If a notary public holding concurrent office officially signs papers, the fact that he/she is the notary public holding concurrent office shall be stated therein.
(2) If the successor prepares the authentic copy or a certified transcript of a deed prepared by the former notary public or a notary public holding concurrent office and signs the authentic copy or a certified transcript, the fact that he/she is the successor shall be entered therein.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 75 (Orders to Transfer Papers)   print
(1) If a notary public is deceased, dismissed or resigns, and if the successor is not required due to changes in quotas or by other reasons, the Minister of Justice shall order another notary public in the jurisdiction of the district public prosecutors' office to which the notary public belongs to acquire papers.
(2) Articles 72 and 74 (2) shall apply mutatis mutandis to a notary public who is ordered to acquire papers pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 76 (Suspension from Office of Notary Public)   print
(1) Articles 70, 71, 72 (3) and 74 (1) shall apply mutatis mutandis to the suspension from office of a notary public.
(2) In cases referred to in paragraph (1), the office of a notary public holding concurrent office shall be deemed the office of a notary public suspended from office.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 77 (Application Mutatis Mutandis when Public Prosecutor, etc. Performs Duties of Notary Public)   print
Articles 72 and 73 shall apply mutatis mutandis where a public prosecutor or the chief of a registration office performs the duties of a notary public pursuant to Article 8.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
CHAPTER VI PROXY, HOLDING CONCURRENT OFFICE AND BUSINESS TRANSFER
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 Article 77-2 (Purpose and Establishment)   print
(1) The Korean Notaries Association shall be established to perform guidance and supervision of appropriate and unified notarial affairs, promote the improvement and development of the notarial system and improve the dignity of notaries public.
(2) The Korean Notaries Association shall be a juristic person.
(3) The Korean Notaries Association shall be established by prescribing the articles of association containing the following items with the authorization of the Minister of Justice. The same shall also apply where it intends to change the articles of association:
1. Name and the location of its office;
2. Matters concerning entry and secession of members;
3. Matters concerning general meetings, the board of directors, and the organization, authority and meetings of other institutions;
4. Matters concerning the election, term of office and duties of executives;
5. Matters concerning the rights and duties of members;
6. Matters concerning guidance and supervision of members;
7. Matters concerning assets and accounting.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 77-3 (Duty to Become Members)   print
(1) Every notary public shall become a member of the Korean Notaries Association.
(2) An authorized notary public shall select one representative from among attorneys-at-law in charge of authentication, who shall exercise rights and perform duties as a member of the Korean Notaries Association.
(3) Attorneys-at-law in charge of authentication of an authorized notary public shall be quasi-members of the Korean Notaries Association.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-4 (Executives)   print
(1) The Korean Notaries Association shall have the following executives:
1. One chairperson;
2. Not more than five vice chairpersons;
3. Not more than ten standing directors;
4. Not more than 50 directors;
5. Not more than three auditors.
(2) Executives shall be selected and appointed at a general meeting.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-5 (General Meetings)   print
(1) A general meeting shall be held under the authority of the Korean Notaries Association.
(2) A general meeting shall be organized by representatives elected according to the articles of association by the Korean Notaries Association.
(3) The following matters shall undergo a resolution of a general meeting:
1. Amendment of the articles of association, and the enactment and amendment of rules;
2. The election and dismissal of executives and members of the steering committee;
3. Budget and settlement of accounts;
4. Other matters prescribed by the articles of association.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-6 (Steering Committee)   print
(1) A steering committee shall be established in the Korean Notaries Association under the provisions of the articles of association.
(2) The steering committee shall decide important matters concerning the operation of the Korean Notaries Association.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-7 (Consultation and Proposals)   print
The Korean Notaries Association may provide advice and suggestions as requested by public institutions and make proposals for improvements related to notarial affairs to public institutions.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-8 (Training of Members)   print
(1) The Korean Notaries Association shall conduct educational training for members (including quasi-members) and assistants pursuant to Article 23 (1) in order to foster the moral consciousness of notaries public and improve professionalism and the ability to perform duties of notaries public.
(2) The time, methods and procedures of educational training, and other necessary matters shall be determined by the Korean Notaries Association.
(3) The chairperson of the Korean Notaries Association shall report the conditions and actual results of educational training conducted in the preceding year to the Minister of Justice by the end of January each year.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-9 (Integrated Storage of Notarial Documents)   print
(1) The Korean Notaries Association may establish and operate facilities which can keep documents, etc. referred to in the subparagraphs of Article 24 (1) and information, electronic documents, etc. pursuant to Article 66-8 (1) and (2) all together with the permission of the Minister of Justice. In such cases, the standards of such facilities and the procedures for permission, etc. shall be prescribed by Ordinance of the Ministry of Justice.
(2) Documents, etc., information and electronic documents, etc. kept together by the Korean Notaries Association pursuant to paragraph (1) shall be deemed preserved or stored by a notary public.
(3) Where the Korean Notaries Association fails to equip itself with facilities pursuant to paragraph (1), the Minister of Justice may cancel the permission. In such cases, the Minister of Justice shall hold a hearing.
(4) The procedures for and expenses of integrated storage and other necessary matters pursuant to paragraph (1) shall be determined by the Korean Notaries Association.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-10 (Supervision)   print
(1) The Korean Notaries Association shall be under the supervision of the Minister of Justice.
(2) The Korean Notaries Association shall report the details of resolutions at a general meeting to the Minister of Justice without delay.
(3) If the Minister of Justice recognizes that details of a resolution referred to in paragraph (2) violate Acts and subordinate statutes, he/she may cancel such resolution.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 77-11 (Provisions concerning Delegation)   print
Other matters necessary for the organization, operation, etc. of the Korean Notaries Association shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
CHAPTER VII SUPERVISION AND DISCIPLINARY ACTION
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 Article 78 (Supervisory Agency)   print
(1) Notaries public shall be supervised by the Minister of Justice.
(2) The Minister of Justice may delegate part of his/her supervisory authority on notaries public to the chief public prosecutors of district public prosecutors' offices or entrust the chairperson of the Korean Notaries Association with part of his/her supervisory authority.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 79 (Details of Supervisory Authority)   print
The supervisory authority referred to in Article 78 (1) shall contain the following matters:
1. To call attention to inappropriate performance of duties by a notary public and to instruct him/her to perform his/her duties appropriately;
2. To issue a notary public a warning concerning any matters which are not in conformity with the status of a notary public, regardless of whether it falls within his/her duties or not. In such cases, the notary public shall be provided with an opportunity to defend himself/herself before a warning is given to him/her.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 80 (Inspection of Papers)   print
The Minister of Justice may have his/her subordinate officials inspect papers, etc. preserved or stored by a notary public.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 81 (Formal Objections)   print
(1) A client or an interested person may file a complaint concerning the conduct of affairs by a notary public with the chief public prosecutor of the district public prosecutors' office to which the notary public belongs.
(2) As to a disposition by the chief public prosecutor of the district public prosecutors' office on a complaint filed pursuant to paragraph (1), another complaint may be filed with the Minister of Justice.
(3) Matters concerning a formal objection and procedures pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 82 (Grounds for Disciplinary Action and Reporting)   print
(1) If a notary public falls under any of the following subparagraphs, the Minister of Justice shall request the Notary Public Disciplinary Committee pursuant to Article 85 to decide on disciplinary action:
1. Where he/she violates this Act and an order under this Act;
2. Where he/she violates an official order issued by a person who has the supervisory authority or other official duties, or conducts impairing his/her dignity;
3. Where he/she violates the articles of association of the Korean Notaries Association.
(2) Where a notary public is deemed to have a ground for disciplinary action, the chief public prosecutor of each district public prosecutors' office and the chairperson of the Korean Notaries Association shall immediately report such to the Minister of Justice.
(3) No request for resolution of disciplinary action pursuant to paragraph (1) shall be made if three years have passed from the date a ground for disciplinary action arises.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 83 (Kinds of Disciplinary Action)   print
The kinds of disciplinary action against notaries public shall be as follows:
1. Dismissal (in cases of an authorized notary public, the cancellation of authorization);
2. Suspension from office for not more than one year;
3. A fine for negligence not exceeding ten million won;
4. Reprimand.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 84 (Disciplining Agency)   print
Disciplinary action against notaries public shall be conducted by the Minister of Justice in accordance with a decision of the Notary Public Disciplinary Committee pursuant to Article 85.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 84-2 (Disciplinary Action to Authorized Notaries Public)   print
Where an attorney-at-law in charge of authentication of an authorized notary public has a ground for disciplinary action, not only the relevant attorney-at-law in charge of authentication but the authorized notary public shall also be disciplined: Provided, That this shall not apply where the authorized notary public has not neglected to pay reasonable attention to and supervise the relevant affairs in order to prevent such offenses.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 85 (Disciplinary Committee)   print
(1) The Notary Public Disciplinary Committee (hereinafter referred to as "Disciplinary Committee") shall be established in the Ministry of Justice in order to deliberate on and decide disciplinary cases on notaries public.
(2) The Disciplinary Committee shall be comprised of one chairperson and six members, and when any member is unable to perform his/her duties due to any extenuating circumstance, the Disciplinary Committee shall have six would-be members to have one of them perform his/her duties on his/her behalf.
(3) The Vice Minister of Justice shall be the chairperson of the Committee.
(4) The following persons shall be members and would-be members, and their term of office shall be two years:
1. Three persons appointed by the Minister of justice from among chief public prosecutors of the Ministry of Justice or public prosecutors;
2. Each one person commissioned by the Minister of Justice from among notaries public, professors of laws and persons who have much knowledge and experience.
(5) The chairperson shall have overall control of the affairs of the Disciplinary Committee, and convene and preside over such meetings.
(6) When the chairperson is unable to perform his/her duties due to any extenuating circumstance, a member designated by the chairperson shall perform his/her duties on his/her behalf, and when a member is unable to perform his/her duties due to any extenuating circumstance, a would-be member designated by the chairperson shall perform his/her duties on his/her behalf.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 85-2 (Right to Attend and State, etc. by Persons under Suspicion of Disciplinary Action)   print
(1) The chairperson may set the date for the deliberation of disciplinary action and order a person under suspicion of disciplinary action to attend.
(2) A person under suspicion of disciplinary action may attend on the date for deliberation of disciplinary action and state favorable facts to him/her in speech or writing, or submit necessary evidence.
(3) The Disciplinary Committee shall commence deliberation on the date for deliberation of disciplinary action and may question a person under suspicion of disciplinary action about facts which are reasons for disciplinary action and other necessary facts.
(4) A person under suspicion of disciplinary action may appoint an attorney-at-law or a person who has learning and experience equivalent to an attorney-at-law as a special attorney-at-law and have him/her make a statement and submit evidence on a disciplinary case.
(5) The Disciplinary Committee may order appraisal or question a witness ex officio or at the request of a person under suspicion of disciplinary action or a special attorney-at-law, and request the relevant administrative agency or other agencies to inquire about facts or submit documents.
(6) Where a person under suspicion of disciplinary action fails to attend on the date for deliberation of disciplinary action after receiving the chairperson's order to attend, the Disciplinary Committee may deliberate in writing.
(7) The chairperson shall provide a person under suspicion of disciplinary action attending or a special attorney-at-law appointed with an opportunity of stating his/her final opinion on a disciplinary case.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 85-3 (Grounds for Exclusion)   print
The chairperson and any member shall not take part in deliberation of a disciplinary case on himself/herself or a person who is or was his/her relative.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 85-4 (Decisions on Disciplinary Action)   print
The Disciplinary Committee shall, if it completes deliberation of a disciplinary case, decide on disciplinary action with the consent of a majority of incumbent members.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 85-5 (Enforcement of Fines for Negligence)   print
(1) Where a fine for negligence pursuant to subparagraph 3 of Article 83 is not paid, the fine for negligence shall be enforced by a public prosecutor's order.
(2) Article 249 of the Non-Contentious Case Procedure Act shall apply mutatis mutandis to the enforcement referred to in paragraph (1).
(3) Guarantee money paid by a notary public shall be appropriated for a fine for negligence prior to any other public imposts and bonds except for cases referred to in Article 19 (3).
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 85-6 (Provisions concerning Delegation)   print
The operation of the Disciplinary Committee or other matters necessary for disciplinary action shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 85-7 (Mutatis Mutandis Application of the Criminal Procedure Act)   print
The Criminal Procedure Act and the Criminal Procedure Costs Act shall apply mutatis mutandis to matters concerning the delivery of papers, appointment or change of the date, an oath of and allowance for a witness or an appraiser.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 86 (Suspension of Performing Duties)   print
(1) If a notary public is arrested or sentenced to detention, his/her performance of duties shall be suspended until he/she is released.
(2) With regard to a notary public for whom disciplinary procedures pursuant to Article 84 are commenced, where there is a strong possibility of suspension from office or dismissal (in cases of an authorized notary public, the cancellation of authorization) as a result of the decision of disciplinary action and it is recognized that he/she has difficulty in performing fair and appropriate notarial affairs if he/she is left as he/she is, the Minister of Justice may suspend the performance of his/her duties until disciplinary procedures are completed.
(3) The Disciplinary Committee shall make a resolution on disciplinary action to the relevant notary public within three months from the date of suspension of performing his/her duties pursuant to paragraph (2): Provided, That the period may be extended within the extent of three months, by determination of the Disciplinary Committee.
(4) The provisions concerning the suspension from office of a notary public shall apply mutatis mutandis to the suspension of performing his/her duties.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 86-2 (Cancellation of Suspension of Performing Duties)   print
In the light of the conditions of progress of disciplinary procedures for a notary public under the period for suspension of performing his/her duties, if there is not a strong possibility of suspension or dismissal from office (in cases of an authorized notary public, the cancellation of authorization) and there is a fair ground for recognizing that any reason deemed that he/she has difficulty in performing fair and appropriate notarial affairs ceases to exist, the Minister of Justice may cancel the suspension of performing his/her duties ex officio.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 86-3 (Summing up Periods for Suspension of Performing Duties)   print
If a notary public who was ordered to suspend the performance of his/her duties is submitted to the disposition of suspension from office in the relevant disciplinary case, the whole or part of the period for the suspension of performing his/her duties shall be included in the period for the suspension from office.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
CHAPTER VIII PENAL PROVISIONS
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 Article 87 (Penal Provisions)   print
Any person who places an indication or makes a statement as a notary public or indicates or states that he/she manages notarial affairs for the purpose of making a profit, while he/she is not a notary public, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. In such cases, imprisonment with labor and the fine may be imposed concurrently.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 88 (Penal Provisions)   print
Where an attorney-at-law in charge of authentication of an appointed notary public or an authorized notary public violates Article 66-2 (2), he/she shall be punished by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 9416, Feb. 6, 2009]
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 Article 89 (Joint Penal Provisions)   print
If an attorney-at-law in charge of authentication of an authorized notary public commits an offense referred to in Article 88 in connection with affairs of such authorized notary public, not only shall such attorney-at-law in charge of authentication be punished, but such authorized notary public shall also be punished by a fine referred to in the relevant provisions: Provided, That this shall not apply where the authorized notary public has not neglected to pay reasonable attention to and supervise the relevant affairs in order to prevent such offense.
[This Article Newly Inserted by Act No. 9416, Feb. 6, 2009]
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 Article 90 (Administrative Fine)   print
(1) Any person who has taken an oath pursuant to Articles 57-2 (1) or 66-5 (2) with knowledge of the fact that the contents of a deed signed by a private person or the electronic documents are false shall be subject to an administrative fine of not exceeding three million won.
(2) An administrative fine pursuant to paragraph (1) shall be imposed and collected by the chief public prosecutor of a district public prosecutors' office which the relevant notary public belongs to.
(3) Notwithstanding paragraph (1), where the violator makes a statement correcting the false details contained in his/her deed signed by a private person or the electronic documents in a lawsuit filed against the violator himself/herself or a third person, an administrative fine shall be reduced or eliminated.
[This Article Newly Inserted by Act No. 11823, May. 28, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Status of Notaries Public at Time this Act Enters into Force)
A notary public at the time this Act enters into force shall be deemed to have been appointed by this Act.
Article 3 (Office of Notaries 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)
Where guarantee money for good conduct paid by a 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.
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 Dan-gun Era, shall hereby be repealed.
ADDENDUM <Act No. 1181, Nov. 21, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 2255, Dec. 31, 1970>
(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 <Act No. 2699, Dec. 21, 1974>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3432, Apr. 13, 1981>
(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 <Act No. 3724, Apr. 10, 1984>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 1984.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 3790, Sep. 14, 1985>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 1985.
Article 2 Omitted.
Article 3 (Relationship with other Acts and Subordinate Statutes)
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 deemed 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 deemed to be made under this Act.
ADDENDA <Act No. 4423, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1992.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4544, Mar. 10, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 4745, Mar. 24, 1994>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5590, Dec. 28, 1998>
(1) (Enforcement Date) This Act shall enter 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 prosecutors office to which he/she 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 <Act No. 6207, Jan. 28, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9138, Dec. 19, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9416, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 66-3 through 66-11 shall enter into force one and a half year after the date of its promulgation, and the part concerning the retirement age of the amended provisions of Articles 15 (3) and (4) and 15-4 (3) and (4) shall enter into force three years after the date of its promulgation.
Article 2 (Transitional Measures concerning Appointed Notaries Public)
Notwithstanding the amended provisions of Article 12, a notary public who is performing notarial affairs after appointment by the Minister of Justice at the time this Act enters into force shall be deemed to have been appointed under this Act.
Article 3 (Transitional Measures concerning Law Firms and Joint Notarization and Law Offices)
(1) Since a law firm, etc. and joint notarization and law office (hereinafter referred to as "pre-existing notary public office") performing notarial affairs after obtaining authorization to establish a notary public office from the Minister of Justice pursuant to the previous Article 17 (1) at the time this Act enters into force, shall be deemed an authorized notary public under this Act, and an attorney-at-law performing duties as a notary public in the existing notary public office after reporting the imprint of his/her signature and official seal pursuant to the previous Article 20 (1), shall be deemed an attorney-at-law in charge of authentication under this Act, notwithstanding the amended provisions of Article 15-4 (1), the provisions of this Act concerning authorized notaries public and attorneys-at-law in charge of authentication shall apply to him/her respectively: Provided, That the authorization period under the amended provisions of Article 15-8 (1) shall be counted from the enforcement date of this Act.
(2) The existing notary public office shall complete a report on attorneys-at-law in charge of authentication pursuant to the amended provisions of Article 15-3 (1) within three months from the enforcement date of this Act.
Article 3-2 (Special Cases on Retirement Age)
Notwithstanding amended provisions of Article 15 (3) and 15-4 (3), the retirement age of an appointed notary public and an attorney-at-law in charge of authentication shall be 80 years old until December 31, 2017.
[This Article Newly Inserted by Act No. 11154, Jan. 17, 2012]
Article 4 (Special Cases concerning On-the-Job-Training of Notaries Public)
The amended provisions of Article 15-10 shall not apply to notaries public performing notarial affairs after appointment by the Minister of Justice at the time this Act enters into force and persons who have reported the imprint of their signature and official seal pursuant to Article 20 (1) as an attorney-at-law performing duties as notaries public in the existing notary public office.
Article 5 (Special Cases concerning Report of Assistants to Notaries Public)
Assistants to the notaries public reported to the chief public prosecutor of the district public prosecutors' office to which they belong pursuant to the previous provisions at the time this Act enters into force shall be deemed to have been reported to the Korean Notaries Association pursuant to the amended provisions of Article 23.
Article 6 (Transitional Measures concerning the Korean Notaries Association)
(1) The Notarization Association established pursuant to the previous provisions at the time this Act enters into force shall be deemed the Korean Notaries Association under this Act.
(2) The Notarization Association referred to in paragraph (1) shall report to the Minister of Justice after creating the articles of association and organization under this Act within six months from the enforcement date of this Act.
Article 7 (Relationship with other Acts and Subordinate Statutes)
If the previous Notary Public Act or the provisions thereof have been cited by other Acts and subordinate statutes at the time this Act enters into force, and if provisions corresponding thereto exist in this Act, this Act or the relevant provisions of this Act shall be deemed to have been cited in place of the previous provisions.
Article 8 Omitted.
ADDENDUM <Act No. 9750, May 28, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11154, Jan. 17, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11823, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Methods of Authentication of Oath and Imposition of Administrative Fine)
The amended provisions of Article 57-2 (4) through (6) and Article 90 shall apply beginning from the authentication of oath made pursuant to Article 57-2 after this Act enters into force.