WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIKORll 
15 February 2000 
(00-0571) 
Original: English 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
By means of a communication from its Permanent Mission, dated 27 January 2000, the 
following notification has been received from the Republic of Korea under Article 63.2 of the 
Agreement. 
ill accordance with Article 63.2 of the Agreement on Trade-Related Aspects of illtellectual 
Property Rights (TRIPS), Korea hereby notifies to the Council laws and regulations related to the 
fields covered by the Agreement, as follows: 
The main dedicated laws and regulations are submitted in the original language as 
well as in an unofficial English translation, and are listed in Annex I. 
Other laws and regulations are submitted in Korean and, to the extent that an English 
translation is available, such a translation is available at the WTO Secretariat for 
consultation by interested Delegations. These laws are listed in Annex IT. 
Answers to the Checklist of Issues on Enforcement.' 
, See document IPIN16/K.oRll. IPINlllKORll 
Page 2 
ANNEX I 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
Copyright Act2 
Enforcement Decree of the Copyright Act2 
Computer Programs Protection Ace 
Enforcement Decree of the Computer Programs Protection Act3 
Trademark Act4 
Enforcement Decree of the Trademark Act4 
Design Act5 
Enforcement Decree of the Design Act5 
Patent Act6 
Enforcement Decree of the Patent Act6 
Seed Industry Ace 
Enforcement Decree of the Seed Industry Act 7 
Act on the Layout-Designs of Semiconductor Integrated Circuits8 
Enforcement Decree of the Act on the Layout-Designs of Semiconductor Integrated 
Circuits8 
Unfair Competition Prevention and Trade Secret Protection Act9 
Enforcement Decree of the Unfair Competition Prevention and Trade Secret 
Protection Act9 
2 See document IPINlllKORlC/l. 
3 See document IPINIlIKORlC/2. 
4 See document IPINlllKORlT/l. 
5 See document IPINIIIKOR/D/l. 
6 See document IPINIlIKOR/P/l. 
7 See document IPINIIIKOR/P/2. 
8 See document IPINlllKORlLll. 
9 See document IPINIIIKOR/U/l. IP/N/1IKORJ1 
Page 3 
ANNExn 
OTHER LAWS AND REGULATIONS 
TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
Protection of Geographical Indications Laws 
and Regulations 
Agro-Fisheries Product Quality Management 
Act! 0 
(Act No. 5667 of21 January 1999) 
(Entry into force: 1 July 1999) 
Enforcement Decree of the Agro-Fisheries 
Product Quality Management Aceo 
(presidential Decree No. 16444 of30 June 1999) 
(Entry into force: I July 1999) 
Fair Labeling and Advertising Actll 
(Act No. 5814 of5 February 1999) 
(Entry into force: 1 July 1999) 
Enforcement Decree of the Fair Labe1ing and 
Advertising Act!! 
(Presidential Decree No. 16430 of 30 June 1999) 
(Entry into force: 1 July 1999) BRIEF DESCRIPTION 
Article 2 of the Act defines geographical 
indication of agricultural and fisheries products 
and Article 8 prescribes the registration of 
geographical indications and Article 9 prohibits 
false indications. 
Articles 15-19 of the Enforcement Decree detail 
the requirements and procedures of the 
registration of geographical indications. 
The Act was enacted to reinforce the regulation 
of undue methods of advertisement. It covers four 
types of undue representations and 
advertisements that are prohibited: false or 
exaggerating, deceiving, unduly comparative, and 
slanderous representations and advertisements. 
This Enforcement Decree implements the Fair 
Labeling and Advertising Act. 
10 An English translation of the provisions in the Act and Enforcement Decree that are relevant to the 
TRIPS Agreement can be found in Attachment 1 (see cover page). 
11 An English translation of the provisions in the Act and Enforcement Decree, in their entirety, can be 
found in Attachment 2 (see cover page). IP/N/l/KORll 
Page 4 
TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
Protection of Undisclosed Information 
Agrochemicals Control Ace2 
(Act No. 445 of 28 August 1957) 
(last amended by Act No. 5153 of 1 March 1999) 
(Entry into force: 1 July 1999) 
Enforcement Decree of the Agrochemicals 
Control Act 
(Presidential Decree No. 8923 of 7 April 1978) 
(last amended by Presidential Decree No. 16455 
of 30 June 1999) 
(Entry into force: 1 July 1999) 
Pharmaceutical Affairs Act 
(Act No. 1491 of 13 December 1963) 
(last amended by Act No. 5959 of 
31 March 1999) 
(Entry into force: 1 July 2000) 
Control of Anti-Competitive Practices in 
Contractual Licences 
Monopoly Regulation and Fair Trade Act13 
(Act No. 3320 of 31 December'1980) 
(last amended by Act No. 5825 
of8 February 1999) 
(Entry into force: 8 May 1999) BRIEF DESCRIPTION 
Articles 8, 13, 16, 17 and 27 of this Act 
implement Article 39.3 of the TRIPS Agreement 
on agricultural chemical products. 
This Enforcement Decree implements the 
Agrochemicals Control Act. 
The implementation of Article 39.3 of the TRIPS 
Agreement on pharmaceutical products is found 
in Articles 72-9 and 75 ofthis Act. 
The subject matter of Article 40 of the TRIPS 
Agreement can be found in the Monopoly 
Regulation and Fair Trade Act, in Chapter 8 
(Restrictions on the Conclusion of Unreasonable 
International Contracts), Chapter 9 (Enforcement 
Agency) and Chapter 12 (Exemptions). 
12 An English translation of the provisions in this Act that are relevant to the TRIPS Agreement can be 
found in Attachment 3 (see cover page). 
13 An English translation of the provisions in the Act and Enforcement Decree, in their entirety, can be 
found in Attachment 4 (see cover page). TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
Enforcement Decree of the Monopoly Regulation 
and Fair Trade Lawl3 
(presidential Decree No. 10267 of 1 April 1981) 
(last amended by Presidential Decree No. 16430 
of 30 June 1999) 
(Entry into force: 1 July 1999) 
Civil and Administrative procedures and 
Remedies 
Code of Civil Procedure14 
(Act No. 547 of 4 April 1960) 
(last amended by Code No. 5809 of 
5 February 1999) 
(Entry into force: 5 July 2000) 
Civil Code14 
(Code No. 471 of22 February 1958) 
(last amended by Code No. 5454 of 
13 December 1997) 
(Entry into force: 1 January 1998) 
Court Organization Act14 
(Act No. 3902 of 4 December 1987) 
(last amended by Act No. 5462 
of21 January 1999) 
(Entry into force: 21 January 1999) IP/N/1IKORl1 
Page 5 
BRIEF DESCRIPTION 
Chapter 8 (Articles 47-48) of the Enforcement 
Decree of the Monopoly Regulation and Fair 
Trade Act specifies the restrictions on the 
conclusion of international contracts. 
The Code establishes the basic procedures for 
civil judicial procedures. 
Articles 750-766 of the Civil Code are general 
provisions on the indemnification of a defendant 
wrongfully enjoined. They implement Article 48 
of the TRIPS Agreement. 
The Court Organization Act describes the 
jurisdiction ofthe court. 
14 An English translation of the provisions in the Act, in their entirety, can be found in Attachment 5 
(see cover page). IP/N/IIK.ORll 
Page 6 
TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
National Compensation Ace4 
(Act No 471 of22 February 1958) 
(last amended by Act No. 5433 of 
13 December 1997) 
(Entry into force: 1 March 1998) 
Provisional Measures 
Code of Civil Procedure15 
(Act No. 547 of 4 April 1960) 
(last amended by Code No. 5809 of 
5 February 1999) 
(Entry into force: 5 July 2000) 
Civil Code15 
(Code 471 of 22 February 1958) 
(last amended by Code No. 5454 of 
13 December 1997) 
(Entry into force: 1 January 1998) 
Special Measures Related to Border 
Enforcement and Intellectual Property 
Customs Act16 
(Act No. 67 of23 October 1949) 
(last amended by Act No. 5681 of 
21 January 1999) 
(Entry into force: 21 January 1999) BRIEF DESCRIPTION 
Article 2 of the National Compensation Act 
relates to paragraph 2 of Article 48 of the TRIPS 
Agreement. 
The Code of Civil Procedure provides the 
provisional measures and implements Article 50 
of the TRIPS Agreement. 
Article 750 of the Civil Code relates to 
paragraph 7 of Article 50 of the TRIPS 
Agreement. 
Article 146-2 of the Customs Act implements the 
measures required by the TRIPS Agreement 
regarding special procedures related to border 
enforcement. 
15 An English translation of the provisions in the Act, in their entirety, can be found in Attachment 5 
(see cover page). 
16 An English translation of the provisions in the Act and Enforcement Decree which are relevant to the 
TRIPS Agreement, can be found in Attachment 6 (see cover page). TITLE 
DATE OF ADOPTION AND ENTRY 
INTO FORCE 
Enforcement Decree of the Customs AdC> 
(presidential Decree No. 295 of 27 March 1950) 
(last amended by Presidential Decree No. 16430 
of 30 June 1999) 
(Entry into force: 1 July 1999) 
Criminal Procedures 
Code of Penal Procedure17 
(Code No. 341 of23 September 1954) 
(last amended by Code No. 5454 of 
13 December 1997) 
(Entry into force: 1 January 1988) 
Penal Code17 
(Code No. 293 of 18 September 1953) 
(last amended by Code No. 5454 of 
13 December 1997 ) 
(Entry into force: 1 January 1988) IP/N/IIKORlI 
Page 7 
BRIEF DESCRIPTION 
Articles 127-5 to 127-12 of this Enforcement 
Degree implement the measures of the Customs 
Act. 
The Code of Penal Procedure establishes the 
basic procedures for civil judicial procedures. 
The Penal Code implements the measures 
required by the TRIPS Agreement in relation to 
criminal procedures. 
17 An English translation of the provisions in the Act, in their entirety, can be found in Attachment 7 
(see cover page). IP/N/IIKORll 
Page 8 
ATTACHMENT 1 
Agro-Fisheries Product Quality 
Management Act 
-TABLE OF CONTENTS-
Article Z Purpose ........................................................... ................................................................... 2 
Article 2 Definitions ......................................................................................................................... 2 
Article 8 Registration of Geographical Indications .......................................................................... 2 
Article 9 Prohibition ofFa[se Indications ........................................................................................ 3 
Article 10 An expost/acto Atintinistration ..................................................... : ................................. 3 
Article 11 Actions/or Revision or Suspension of Geographical Indications ..................................... 4 Article 1 Purpose IP/N/IIKORll 
Page 9 
This Law aims to contribute to improving incomes of those engaged in 
agriculture and fisheries and to ensuring consumer protection by enhancing 
values of agricultural and fisheries products and encouraging their fair 
transaction through their appropriate quality management. 
Article 2 Definitions 
In this Law, the definition of terms is as follows; 
1. "Agricultural and fisheries products" mean agricultural products, forestry 
products(excluding stone and aggregate), fisheries products, livestock 
products, which are not processed, and a product provided by a 
Presidential ordinance. 
2. "Producers' organizations" mean agricultural cooperatives, fisheries 
cooperatives, livestock cooperatives, forestry cooperatives, ginseng 
cooperatives, their federations, and other organizations provided by a 
Presidential ordinance. 
5. "Geographical indication" means a geographical name of a specified region, 
which serves to designate a product and its processed product originating 
therein, the reputation, quality and characteristics of which are due 
essentially to the geographical environment in the specified region. 
Article 8 Registration of Geographical Indications 
CD The Minister of Agriculture and Forestry or the Minister of Maritime Affairs 
and Fisheries enforces the registration system of geographical indications 
for the purposes of consumer protection and quality improvement of 
superior agricultural and fisheries products and their processed products 
with geographical characteristics. 
(2) Anyone who desires to registrate the geographical indications pursuant to 
the provisions of Section 1, should apply to the Minister of Agriculture and 
Forestry or the Minister of Maritime Affairs and Fisheries, under an 
ordinance by the Minister of Agriculture and Forestry or by the Minister of 
2 IP/N/lIKORl1 
Page 10 
Maritime Affairs and Fisheries. 
1:3) Anyone who has registrated the geographical indications pursuant to 
Section 1, may use the geographical indications for agricultural and 
fisheries products and their processed products (hereinafter referred to as 
"geographically specified products") under an ordinance by the Minister of 
Agriculture and Forestry or by the Minister of Maritime Affairs and Fisheries. 
I~) Detailed requirements for geographical indications pursuant to Section 1, 
including their criteria and procedure, and eligible products and regions, 
. are provided by a Presidential ordinance. 
Article 9 Prohibition of False Indications 
CD Neither of the followings should be conducted; 
3. Such behaviors as marking geographical or any similar indications on 
agricultural and fisheries products and their processed products, by 
taking advantage of Section 3, Article 8, other than "geographically 
specified products" 
(2) Neither of the followings should be conducted; 
3. Such behaviors as mixing geographically specified products pursuant to 
Section 3, Article 8 with generic products and selling them or storing 
and/or displaying them for sale. 
Article 10 An ex post facto Administration 
CD The Minister of Agriculture and Forestry or the Minister of Maritime Affairs 
and Fisheries may enforce government officials to investigate each of the 
followings to ensure consumer protection and to maintain the quality of 
standardized. products, quality-certified products and geographically 
specified products: 
1. Investigating whether or not the products with indications are appropriate in 
terms of standard, quality, certification or registration; 
2. Reading related accounts or document on the products with indications; 
3. Collecting and investigating sample products with indications or asking 
3 specialized examination and research institutions for tests. IP/N/lIKORll 
Page 11 
;]:; When government officials investigate, read, or collect in accordance with 
Section 1, the owners, occupiers, or managers of agricultural and fisheries 
products and their processed products should not reject, obstruct, or avoid 
their requests without any reasonable explanation. 
;:3) When government officials investigate, read, or collect in accordance with 
Section 1, they should present their identifications indicating their authority 
over such conducts to the related persons such as the owners, occupiers, 
or managers of agricultural and fisheries products and their processed 
products. 
Article 11 Actions for Revision or Suspension of Geographical Indications 
In case it is recognized that the results of investigations or examinations 
undertaken in accordance with Section 1, Article 10 show that such products 
fail to satisfy relevant standards or that their production is no longer possible, 
the Minister of Agriculture and Forestry or the Minister of Maritime Affairs and 
Fisheries may take necessary actions including the revision or suspension of 
the indications, sales prohibition, and cancellation of the certification and 
registration, subject to a Presidential ordinance. 
4 IPINIlIKORl1 
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The Enforcement Decree of the Agro-
Fisheries Product Quality Management 
-TABLE OF CONTENTS -
Article 10 Establishment ofGeographicallndication Registration Council ..................................... 2 
Article 15 Criteria/or Registration ofGeographicallndications ...................................................... 2 
Article 16 Products eligible/or Registration ofGeographicallndications ........................................ 2 
Article 17 Application/or Registration of Geographical Indications ................................................ 3 
Article 18 Procedure/or Registration ofGeographicallndications .................................................. 3 
1 IP/N/IIKORll 
Page 13 
Article 10 Establishment of Geographical Indication Registration Council 
:1) The Minister of Agriculture and Forestry and the Minister of Maritime Affairs 
and Fisheries establish the geographical indication registration councils 
under their respective jurisdiction to examine the items deemed necessary 
in relation to the registration of geographical indications pursuant to Article 
8 of the Law. 
:2) The Minister of Agriculture and Forestry and the Minister of Maritime Affairs 
and Fisheries provide, respectively, the items deemed necessary in relation 
to the organization and operation of the geographical indication registration 
councils pursuant to Section 1. 
Article 15 Criteria for Registration of Geographical Indications 
The criteria for registration of geographical indications conforming to Section 4, 
Article 8 of the Law, are as follows. 
1. A product should be highly appreciated domestically and/or externally. 
2. A product should be standardized and its quality should be of the supreme 
grade laid down in Article 4 of the Law. Unless the standard of the product 
is already set up under Article 4 of the Law, its quality should be among 
the supreme grades laid down by other relevant laws or should be 
supreme to be practically accepted. 
3. The reputation, quality or other characteristics of a product have 
necessarily been accrued from natural or human factors in a specific 
region. 
4. A product should be produced or processed within the areas subject to 
geographical indications. 
5. A product should meet other requirements which the Minister of Agriculture 
and Forestry or the Minister of Maritime and Fisheries establishes for 
geographical indications. 
Article 16 Products eligible for Registration of Geographical Indications 
2 IPIN/1/KORl1 
Page 14 
(1) The products eligible for registration of geographical indications under 
Section 4, Article 8 of the Law are the ones that the Minister of Agriculture 
and Forestry or the Minister of Maritime Affairs and Fisheries announces 
subject to consideration by the Agricultural Council or the Fisheries Council. 
!]:; The boundaries of the areas subject to geographical indications under 
Section 4, Article 8 of the Law should be determined by mountains, rivers, 
seas and administrative districts with the same geographical features 
affecting the characteristics of a product. 
Article 17 Application for Registration of Geographical Indications 
CD The eligible applicants for registration of geographical indications under 
Section 2, Article 8 of the Law should be confined to producers' 
organizations or processors( corporations only) pursuant to Section 2, 
Article 2 of the Law. In case that the number of producers or processors of 
the products eligible for registration is only one, however, there may not be 
such limitation on the eligible applicants. 
(2) Producers or processors satisfying the registration criteria should not be 
denied their entrance to or withdrawal from producers' or processors' 
organizations which are already registered in accordance with Section 1. 
Article 18 Procedure for Registration of Geographical Indications 
CD When the Minister of Agriculture and Forestry or the Minister of Maritime 
Affairs and Fisheries receives the applications for registration of 
geographical indications subject to Section 2, Article 8 of the Law, he 
should assign the geographical indication registration council the 
examination of whether they conform to the registration criteria stipulated in 
Article 15 of this Decree. 
(2) When the Minister of Agriculture and Forestry or the Minister of Maritime 
Affairs and Fisheries concludes, in consideration of the examination results 
pursuant to Section 1, that the applications received are not adequate to 
obtain the registration of geographical indications, he should promptly 
notify to the applicants with specified reasons for the rejection. If it is 
3 IP/N/lIKORl1 
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considered that inadequacy of the applications can be addressed in the 
near term, they may be provided with a certain period of time to address it. 
1:3:; When the Minister of Agriculture and Forestry or the Minister of Maritime 
Affairs and Fisheries has no reason to reject the application for registration 
of geographical indications, in consideration of the examination results 
pursuant to Section 2, he should announce the applications received. 
;4:; When the announcement is made in accordance with Section 3, any 
applicant may file an objection against the announcement to the Minister of 
Agriculture and Forestry or the Minister of Maritime Affairs and Fisheries 
within 30 days from the date of the announcement. In doing so, he should 
write down the reasons for his objection on the prescribed document and 
submit adequate evidence therewith. 
(5:1 When an objection is received in conformity to Section 4, the Minister of 
Agriculture and Forestry or the Minister of Maritime Affairs and Fisheries 
should examine it in consideration of the judgement by the geographical 
indication registration council, and should register the geographical 
indication applied if it is judged that there is no justifiable reason for 
rejection and no objection is filed within the specified period in accordance 
with Section 4. 
® The items deemed necessary in relation to the announcement of 
application for registration of geographical indications and registration 
methods pursuant to Section 1 or 5, are provided by an Decree by the 
Minister of Agriculture and Forestry or by the Minister of Maritime Affairs 
and Fisheries. 
4 IPINIlIKORl1 
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ATTACHMENT 2 
Fair Labeling and Advertising Act 
-TABLE OF CONTENTS-Act No. 5814 of5 February 1999 
Entry into force: I July 1999 
Chapter 1 General Provisions ............................................. ............................................. 3 
Article 1 Purpose ..................................................................................................................... 3 
Article 2 Definitions ................................................................................................................ 3 
Chapter 2 Prohibition of Unfair labeling and Advertising .............................................. 3 
Article 3 Prohibition of Unfair labeling and Advertising ...................................................... 3 
Article 4 Designation of Critical Information to Be Included in label,ing and Advertising .. 4 
Article 5 Verification of the labeling and Advertisements ............ ! ........................................ 4 
Article 6 Prohibition of Trade Associations' Restricting labeling and Advertising Activities 
by Members ................................................................................................................................. 5 
Article 7 Corrective Measures ................................................................................................ 5 
Article 8 Temporary Cease Order .......................................................................................... 5 
Article 9 Surcharge ................................................................................................................. 6 
Chapter 3 Claim for Damages ......................................................................................... 7 
Article 10 Liability of Damage Claim ..................................................................................... 7 
Article 11 Restriction on Damage Claim in Civil Action ....................................................... 7 
Chapter 4 Supplementary Provisions ............... ................................................................ 7 
Article 12 Obligation of Confidentiality ................................................................................. 7 
Article 13 Consultations on the Enactment of Acts Prohibiting or Restricting labeling and 
Advertising ................................................................................................................................... 7 
Article 14 Voluntary Establishment of a Code of labeling and Advertising .......................... 8 
Article 15 Cooperation by the Head of Relevant Agencies .................................................... 8 
Article 16 Application of Monopoly Regulation and Fair Trade Act .................................... 8 
Chapter 5 Penal Provisions ............................................................................................. 9 
Article 17 Penal Provisions ..................................................................................................... 9 
Article 18 Penal Provisions ...................................................................................................... 9 IPINIlIKORlI 
Page 17 
Article 19 Concurrent Punishment .........•............................................................................... 9 
Article 20 Fines ............................................................................................................ ......... 10 
Addendum .......................................................................................................................... 11 
2 IP/N/IIKORll 
Page 18 
Chapter 1 General Provisions 
Article 1 Purpose 
The purpose of this Act is to prevent unfair labeling and advertising that may deceive 
or mislead consumers and provide consumers with fair and useful information, 
thereby establishing fair trade order and protecting consumers. 
Article 2 Definitions 
The terms in this Act are defined as follows. 
1. "Iabeling" refers to containers or package (including attachment and contents) 
of the goods or services (hereinafter "products") on which the enterprises or 
trade associations put a notice of the following information; or chinese 
characters or figures featured on the signboards that are installed in the shops 
and containers or package that characterize the given products. 
a. information regarding the enterprise and the trade association along with that 
of other enterprises and trade associations. 
b. information regarding the contents, terms of trade, and others in relation with 
the product by the enterprise and the trade association along with that of 
others. 
2. "Advertising" refers to enterprises or trade associations' letting known to or 
informing consumers of the product-related information mentioned above in the 
Subparagraphs a, b through newspapers, broadcasting, magazines and other 
means set forth in the Presidential Decree. 
3. "Enterprise" means those as defined in Article 2, Paragraph 1 of the Monopoly 
Regulation and Fair Trade Act. 
4. "Trade Association" means those as defined in Article 2, Paragraph 4 of the 
Monopoly Regulation and Fair Trade Act. 
5. "Consumer" means those who use goods and services provided by 
enterprises or trade associations (hereinafter "enterprises") 
Chapter 2 Prohibition of Unfair labeling and Advertising 
Article 3 Prohibition of Unfair labeling and Advertising 
3 IP/N/l/KORJ1 
Page 19 
(1) Enterprises shall not post labeling or advertisements that may deceive or mislead 
consumers, thus impairing fair trade order, nor they shall force other enterprises to do 
so. Among the unfair labeling and advertisements are; 
1. false, exaggerating labeling and advertisements 
2. deceiving labeling and advertisements 
3. unduly comparative labeling and advertisements 
4. slanderous labeling and advertisements 
(2) The specifics of the afore-mentioned Paragraphs shall be determined by the 
Presidential Decree. 
Article 4 Designation of Critical Information to Be Included in labeling and 
Advertising 
(1) In case the labeling and advertisements fail to include the product-related 
information that the FTC deems critical to protect consumers and maintain fair trade 
order, the FTC, after due consideration to the nature of the product and area of trade, 
may designate by notice in order to prevent following problems. However, 
information stipulated to be labelled and advertised in other Decrees shall be 
excluded. 
1. Consumer interests are frequently damaged and their redemption is difficult. 
2. Consumers make uninformed purchase decisions, unaware of the critical 
defects or functional limitations. 
3. Fair trade order is significantly restricted. 
(2) When the FTC intends to put a notice pursuant to Paragraph 1, the FTC Chairman 
shall consult with the heads of relevant agencies and hear the testimony at a hearing 
of the concerned trade association and consumer group that is officially registered in 
accordance to Article 19, Paragraph 1 of the Consumer Protection Act. 
(3) Enterprises, when posting labeling and advertisements, shall include the critical 
information notified by the FTC pursuant to aforementioned (1). 
Article 5 Verification of the labeling and Advertisements 
(1) Enterprises shall verify the truthfulness of their labeling and advertisements. 
(2) The FTC may request in writing enterprises to submit related documents when it 
deems necessary the verification of labeling and advertisements pursuant to 
Paragraph (1) in fear of noncompliance of Article 3-(1) by enterprises. 
(3) The requested enterprises pursuant to the preceding (2) shall submit the verifying 
4 IPINlllKORll 
Page 20 
documents in no less than 30 days after receipt of the request. Provided, however, 
the FTC regards it as justifiable, the submission period can be extended. 
(4) When the FTC deems it necessary to keep consumers from getting false ideas 
about the product or to protect fair trade order, it may make available to the general 
public the documents submitted by requested enterprises in accordance to the 
preceding (3) or make them public by due methods. Provided, however, they 
contains business confidentiality of the given enterprises, thus their disclosure to the 
public being feared to damage business, the FTC shall not disclose the documents. 
Article 6 Prohibition of Trade Associations' Restricting labeling and Advertising 
Activities by Members 
(1) Unless set forth otherwise in the Decree, trade associations shall not restrict 
labeling and advertisements of their members. Provided, however, the FTC deems 
it necessary to protect consumer interests or maintain fair trade order, this shall not 
apply. 
(2) The FTC, when permitting trade associations to restrict labeling and 
advertisements activities on the grounds set forth in the preceding (1), shall seek prior 
consultation with the heads of related agencies. 
(3) The FTC may issue following corrective measures against violations of the 
preceding (1). 
1. Cease of the given activity 
2. Alteration of the violating articles of incorporation and by-laws 
3. Other necessary measures to correct the violations 
Article 7 Corrective Measures 
(1) The FTC shall impose following corrective measures against unfair labeling and 
advertisements by enterprises in violation of Article 3-(1). 
1. Cease of the given activity 
2. Public notification of the fact of law violation 
3. Redressing advertisements 
4. Other measures necessary to correct the violations 
(2) Specifics regarding public notification of the violation and redressing 
advertisements pursuant to preceding (1 )-2 and (1 )-3 shall be determined by the 
Presidential Decree. 
Article 8 Temporary Cease Order 
5 IP/N/l/KORl1 
Page 21 
(1) The FTC may issue a temporary cease order against enterprises whose labeling 
and advertisements meet any of the following. 
1. when the concerned labeling and advertisements are suspected in clear 
violation of Article 3-( 1 ) 
2. when the concerned labeling and advertisements are likely to cause 
substantial injury to consumers which is not reasonably avoidable by 
consumers themselves, and thus preventive measures are in urgent need. 
(2) Consumer groups and other organizations set forth in the Presidential Decree 
may request to the FTC in writing to issue a temporary cease order against the 
labeling and advertisements which are deemed to fall under any subparagraph of the 
preceding (1). 
(3) Those who have complaint of such order pursuant to (1) may raise an objection to 
the FTC within 7 days upon the receipt of the order. 
(4) Immediately upon receiving such objection, the FTC must notify the fact to the 
Seoul High Court so that the Court can put this to trial in accordance with the non­
litigation case Proceedings Act. 
(5) In a trial pursuant to the preceding (4), Article 15 of the non-litigation case 
Proceedings Act shall not apply. 
Article 9 Surcharge 
(1) The FTC may impose upon enterprises in violation of Article 3-(1) surcharges less 
than 2% of their turnover as set forth in the Presidential Decree (meaning operational 
gains as for the enterprises set forth in the Presidential Decree). Provided, however, 
the violating party does not have sales amount or is in a difficult situation to settle 
sales amount and at the same time it is an enterprise or trade association set forth in 
the Presidential Decree, the FTC may slap surcharges upon them up to W 500 
million. 
(2) The FTC may impose surcharges of up to W 500 million upon the trade 
associations that restricted labeling and advertisements of their member enterprises 
in violation of Article 6-(1). 
(3) In assessing surcharges pursuant to the preceding (1) and (2), the FTC must take 
the following into account. 
1. the nature and degree of the violation 
2. the duration and number of the violation 
3. the extent of gains resulted from the violation 
6 IPINlllKORll 
Page 22 
(4) When the corporation violating Article3-(1) is a party to merger, the FTC imposes 
and collects surcharges against the violation upon the corporation that is remaining or 
newly incorporated after merger. 
(5) The criteria for assessing surcharges pursuant to the preceding provisions of (1) 
and (2) shall be determined by the Presidential Decree. 
Chapter 3 Claim for Damages 
Article 10 Liability of Damage Claim 
(1) The enterprises are liable to damage claims by consumers whose interests were 
injured by their unfair labeling and advertisement in violation of Article 3-(1). 
(2) The enterprises under liability to damage claim pursuant to the preceding (1) shall 
not be cleared of the liability on the grounds of fault or lack of intension. 
Article 11 Restriction on Damage Claim in Civil Action 
(1) When corrective measures are issued against the violations of Article 3-(1), the 
damage claims pursuant to Article 10 shall not be raised in a civil action unless 
corrective measures of Article 7 are finalized. However, this does not restrict suit 
claiming damage pursuant to Article 750 of the Civil Code. 
(2) The damage claim right of the preceding (1) will expire in three years after the day 
of its exercise. 
Chapter 4 Supplementary Provisions 
Article 12 Obligation of Confidentiality 
Both former and current FTC commissioners and staff shall not disclose or use for 
any other purpose than for enforcement the confidential information that they come 
across while undertaking their responsibilities. 
Article 13 Consultations on the Enactment of Acts Prohibiting or Restricting 
labeling and Advertising 
7 IP/N/IIKORll 
Page 23 
The head of relevant agencies must seek prior consultations with the FTC when 
he/she intends to enact or revise acts that may prohibit or restrict enterprises from 
making labeling and advertisements. 
Article 14 Voluntary Establishment of a Code of labeling and Advertising 
(1) Enterprises may voluntarily establish a code of labeling and advertising to prevent 
activities violative of Article 3-(1). 
(2) Enterprises may request the FTC to review whether their Codes pursuant to the 
preceding (1) are violative of Article 3-(2). 
(3) The FTC, upon receiving the request in accordance with the preceding (2), shall 
notify the results of the review to the requesting party in no less than sixty days. 
Article 15 Cooperation by the Head of Relevant Agencies 
(1) The FTC, when it deems it necessary for the law enforcement, may seek 
consultations with heads of relevant agencies or organizations. 
(2) The FTC, when it deems it necessary for the law enforcement, may request heads 
of relevant agencies or organizations to initiate necessary investigations or to submit 
necessary materials. 
(3) The FTC, when it deems it necessary for effective implementation of remedies 
pursuant to Article 6-(3) or Article 7-( 1), may seek cooperation from heads of relevant 
agencies and organizations. 
(4) The FTC, when it has reasons to believe that financial and insurance enterprises 
violated the provisions of Article 3-(1) and that investigation on its own authority is 
necessary, must notify the Financial Supervisory Commission ("FSC") of the fact, 
without initiating investigation, thus causing the FSC to handle the case. 
(5) The FSC, upon receiving the notification from the FTC pursuant to the preceding 
(4), must carry out the investigation in earnest and notify the FTC of the result of the 
investigation. 
Article 16 Application of Monopoly Regulation and Fair Trade Act 
(1) The provisions of Article 42 or 45 and 52 of the Monopoly Regulation and Fair 
Trade Act ("MRFTA") may apply with necessary modification to any activity of the 
8 IPINlllKORJl 
Page 24 
FTC in accordance with this Act. and the provisions of Articles 53, 53-2, 54, 55 and 
55-2 of the MRFTA shall apply to granting exclusive jurisdiction and handling cases in 
association to filing of objection, filing of a suit, and raising of dissatisfaction as to the 
remedies given by the FTC ( except "temporary cease order" pursuant to Article 8-(1)) 
(2) The provisions of Article 49 of the MRFTA may apply with necessary modification 
to the recognition and reporting of violations of the MRFTA and in the meantime, the 
provisions of Article 50 and 51 may apply to investigation and hearing of the KFTC 
and its remedies upon violations. 
(3) The provisions of Article 55-4 and 55-5 may apply with necessary modification to 
the extension of the period and collection of surcharge set forth in the MRFT A while 
the provisions of Article 71 may apply with necessary modification to filing a complaint 
against unlawful activities as defined in the following Article 17. 
Chapter 5 Penal Provisions 
Article 17 Penal Provisions 
Any party or person committing any of activities defined below shall be subject to 
imprisonment of 2 years or less and to fines of 150 million Won or less. 
1. posting false or undue labeling and advertisements, or forcing other 
enterprises to do so in violation of Article 3, Paragraph 1. 
2. not complying with remedies pursuant to Article 6, Paragraph 3 or Article 7, 
Paragraph 1. 
Article 18 Penal Provisions 
Any party or person in violation of Article 12 shall be subject to imprisonment of 2 
years of less and to fines of 5 million Won or less. 
Article 19 Concurrent Punishment 
If the representative of a corporation (including associations without status of 
corporation) or the agent, employee, or any other person working either for a 
corporation or for an individual is in violation of Article 17 in connection with the said 
corporation or individual's business, the corporation and the individual as well as 
9 actual violators shall be under monetary penalty. 
Article 20 Fines IP/N/IIKORll 
Page 25 
(1) Any enterprise falling under any of the following categories shall be subject to 
fines of 100 million Won or less, while an executive, employee, or any person related 
to a corporation or a trade association meeting any of the followings shall be under 
fines of 10 million Won or less. 
1. failing to encompass critical product related information that the KFTC 
designated hereof in the labeling and advertisements in violation of Article 4, 
Paragraph 3 of the Act. 
2. failing to submit documents that substantiate the truthfulness of the labeling 
and advertisements in violation of Article 5, Paragraph 3 of the Act. 
3. failing to comply with the temporary cease order in violation of Article 8, 
Paragraph 1 of the Act. 
4. failing to represent oneself/or itself at the hearings without any justifiable 
reason in violation of Article 50, Paragraph 1, Subparagraph 1 of the MRFTA in 
modified application of Article 16, Paragraph 2 of the Act. 
5. Either failing to file a report nor submit requested documents or filing a false 
report or submitting false documents in violation of Article 50, Paragraph 1, 
Subparagraph 3 or Paragraph 3 of the MRFTA in modified application of Article 
16, Paragraph 2 of the Act. 
6. Refusing, obstructing, or avoiding investigations in violation of Article 50, 
Paragraph 2 of the MRFTA in modified application of Article 16, Paragraph 2 of 
the Act. 
(2) Any party failing to comply with the KFTC's order to maintain order pursuant to 
Article 43-2 of the MRFTA in modified application of Article 16, Paragraph 1 of the Act 
shall be under fines of 1 million Won or less. 
(3) Fines pursuant to the preceding paragraphs (1) and (2) shall be imposed and 
collected by the KFTC by methods set forth in the Presidential Decree. 
(4) Any party unsatisfactory with the fines pursuant to the preceding (3) may file an 
objection to the KFTC within 30 days of receipt of the imposition thereof. 
(5) Upon receiving a duly raised objection pursuant to the preceding (4), the KFTC 
must notify the jurisdictional court thereof in no time and then the court must initiate 
non-litigation case regarding the case. 
(6) If any party fails to pay the fines without raising any objection within the set period 
of time as defined in the preceding paragraph (5), the KFTC collects the fines in 
accordance with the rules set for collecting overdue taxes. 
10 IPINlllKORll 
Page 26 
Addendum 
Article 1 Effective Date 
This Act shall take effect on July 1, 1999. 
Article 2 Interim Measures Regarding Corrective Orders, Fines and other Penalties 
Upon the violations of Article 23, Paragraph 1, Subparagraph 6 or Article 26, 
Paragraph 1 Subparagraph 5 of the previous MRFTA that were committed prior to the 
enforcement of the Act, the KFTC will apply previous provisions relating to corrective 
orders, fines and other penalties 
Article 3 Interim Measures Regarding Fair Competition Code 
The enterprises' codes of labeling and advertisements which were reviewed by the 
KFTC in accordance to Article 23, Paragraph 4 of the previous MRFTA prior to the 
enactment of the Act will be considered to have already been reviewed pursuant to 
Article 14 of the Act. 
Article 4 Amendment of Other Related Acts 
(1) Following amendments are made to the MRFT A. 
Article 23, Paragraph 1, Subparagraph 6 of the MRFTA is deleted while 
Subparagraph 4 of the same Article altered from "luring of consumers by unfair 
methods and labeling and advertisements that are false or may either deceive or 
mislead consumers" to "luring of consumers by unfair methods." 
The phrase of Article 24 of the MRFTA, " ... delete the pertinent provisions from the 
contract, publish a corrective notice of an offensive advertisement..." has been cut 
short into " ... delete the pertinent provisions from the contract, ... " 
Article 26, Paragraph 1, Subparagraph 5 is deleted. 
The phrase of Article 27 of the MRFTA, " .... to suspend the act, correct the 
advertisement ... " has been altered to " ... to suspend the act .... " 
(2) Following amendments are made to the "Unfair Competition Prevention Act." 
Phrase in Article 27 of the Unfair Competition Prevention Act has been altered from 
" ... Monopoly Regulation and Fair Trade Act. .. " to " .. Monopoly Regulation and Fair 
Trade Act, the Fair labeling and Advertising Act..." 
Article 5 Other Statutes Citing the MRFTA 
When other statutes have been citing parts of the previous MRFTA before the 
enactment of the FLAA and if the cited parts are pertinent to provisions of the FLAA, 
the KFTC deems, after due consideration, that the statutes are citing parts of the 
FLAA. 
11 The Enforcement Decree 
Of IPINlllKORll 
Page 27 
the Fair Labelling and Advertising Act 
Presidential Decree No. 16430 of30 June 1999 
Entry into force: Iluly 1999 
-TABLE OF CONTENTS -
Article 1 Purpose .............................................................................................................................. 2 
Article 2 Advertisement Methods ...................................................................................................... 2 
Article 3 Unfair Labelling and Advertising ........................................................................................ 2 
Article 4 Substantiation of the labelling and Advertisements .............................................................. 3 
Article 5 Substantiating Documents ................................................................................................. 3 
Article 6 Disclose of Substantiating Documents ................................................................................. 4 
Article 7 Granting Trade Associations' Restriction of labelling and Advertisements by Member 
Corporations .......................................................................................................................................... 4 
Article 8 Making Public of the Law Violations .................................................................................. 4 
Article 9 Groups and Organizations Requesting a Cease Order .......................................................... 5 
Article 10 How to Request a Temporary Cease Order ........................................................................ 5 
Article 11 Filing an Objection to a Temporary Cease Order ............................................................... 5 
Article 12 Surcharge Assessment ...................................................................................................... 6 
Article 13 The Scope of Enterprises ................................................................................................... 6 
Article 14 Enterprises \vithout Turnover ............................................................................................ 6 
Article 15 Surcharge Assessment Criteria .......................................................................................... 7 
Article 16 Surcharge Collection and Delinquency Charge .................................................................. 7 
Article 17 Fines ................................................................................................................................ 7 
Article 18 Implementation Details ..................................................................................................... 7 
Addendum ............................................................................................................................................. 8 
[Appendix] ............................................................................................................................................ 8 
_ 1 _ IP/N/IIKOR/l 
Page 28 
Article 1 Purpose 
The purpose of this Decree is to prescribe matters delegated by and necessary 
for the enforcement of the Fair Labelling and Advertising Act. 
Article 2 Advertisement Methods 
"Others set forth in the Presidential Decree" as defined in Article 2, Paragraph 2 
of the Fair Labelling and Advertising Act (the "Act" hereinafter) refers to 
advertisements using any of the following media or means. 
1. leaflets, pamphlets, samples or tickets 
2. Internet or PC communications 
3. Poster, signboard, neon sign, advertising balloon, or electric sign 
4. video tapes, discs, publications, periodicals, movies or plays 
5. other products than its own 
6. other media or means in similarity to the preceding 1 to 5 
Article 3 Unfair Labelling and Advertising 
(1) False and exaggerating labelling and advertisements as defined in Article 3, 
Paragraph 1, Subparagraph 1 of the Act are deemed unfair since they are not 
true to the fact and bigger than reality. 
(2) Deceptive labelling and advertisements as defined in Article 3, Paragraph 1, 
Subparagraph 2 of the Act are unfair for they deliberately cover up or downplay 
weakness or bad sides of the products they are selling. 
(3) Unduly comparative labelling and advertisements as defined in Article 3, 
Paragraph 1, Subparagraph 3 of the Act are deemed unfair for they make 
comparison and claim without presenting clear and objective criteria their 
products or services are of better-quality and more advantage than those of 
other competing firms and trade associations. 
(4) Slanderous labelling and advertisements as defined in Article 3, Paragraph 1, 
Subparagraph 4 of the Act are unfair for they discredit products of competing 
firms with groundless accusations or assertions or highlight only weaknesses of 
such products. 
(5) Detailed types or standards of unfair labelling and advertisements pursuant 
to the preceding (1 )-(4) may be determined and notified thereof by the KFTC. IPINlllKORll 
Page 29 
In such event, the KFTC must seek prior consultation with the Heads of relevant 
ministries. 
Article 4 Substantiation of the labelling and Advertisements 
(1) Corporations intent to carry out an experiment or research in order to 
substantiate the labelling and advertisements pursuant to Article 5, Paragraph 1 
of the Act must comply with following provisions. 
1. Methods to be employed in such experiment or research must be objective 
and appropriate and generally accepted by academia and the business world. 
2. Such experiment or research must be carried out by an institute or agency 
either designated by the Decree or independent from the enterprise concerned. 
Provided, however, that the KFTC deems it impossible or inappropriate, this 
shall not apply. 
(2) "Independent institute or agency" as stated in the preceding Paragraph 1, 
Subparagraph 2 means institutes or agencies that do not fall under any of 
following categories. 
1. institutes or agencies run by an affiliated company of the corporation 
concerned (meaning the affiliated companies as defined in Article 2, Paragraph 
3 of the MRFTA) 
2. those run by a company which belongs to the Business group of the 
corporation concerned (the scope of the business group as defined in Article 3 of 
the Enforcement Decree of the MRFTA) but is deemed as being independently 
operated pursuant to Article 3-2, Paragraph 1, Subparagraph 2 of the MRFTA. 
Article 5 Substantiating Documents 
Enterprises when submitting documents containing any of following information 
pursuant to Article 5, Paragraph 3 of the Act must attach papers substantiating 
the truthfulness thereof. 
1. SUbstantiation methods 
2. The title of the institute or agency which carried out the experiment and 
research, the name and address, telephone number of the representative of 
such institute or agency. 
3. SUbstantiated contents and results 
4. Corporations declining to disclose confidential business information shall 
submit documents explaining what type of information it is and why it must not IP/N/IIKORll 
Page 30 
be disclosed. 
Article 6 Disclose of Substantiating Documents 
(1) When the KFTC opens or discloses to the public the submitted substantiating 
documents pursuant to Article 5, Paragraph 4 of the Act, it may do so in forms of 
summary or excerpt to help consumers make informed decisions. 
(2) "Confidential business information" as stated in the preceding Article 5, 
Paragraph 4 is of the same definition as in Article 2, Subparagraph 2 of the [Act 
on Preventing Unfair Competition and Protecting Confidential Business 
Information]. 
Article 7 Granting Trade Associations' Restriction of labelling and 
Advertisements by Member Corporations 
(1) A trade association wishing to get authorization from the KFTC to restrict 
labelling and advertisements of its members pursuant to the proviso of Article 6, 
Paragraph 1 of the Act must submit request form thereof to the KFTC explaining 
the reasons and contents. 
(2) The KFTC, upon receiving such request in accordance with the preceding 
Paragraph must reach a decision within 60 days of the receipt of the request and 
notify in writing thereof. 
Article 8 Making Public of the Law Violations 
(1) When the KFTC is to make public or have violating corporations place a 
rectifying advertisement pursuant to either Article 7, Paragraph 1, Subparagraph 
2 or Sub paragraph 3 of the Act, it must do so taking into consideration of the 
following facts or specifying the contents, number of times, size, media and the 
like. 
1. The nature and severity of the violation 
2. The duration and frequency of the violation 
(2) The KFTC when making public or giving an oder to place a rectifying 
advertisement pursuant to the immediately preceding Paragraph may have 
violating corporations consult with it on the wording and other related matters in association with such advertisements. 
Article 9 Groups and Organizations Requesting a Cease Order IP/N/l/KORll 
Page 31 
"Consumer groups and other organizations set forth in the Presidential Decree" 
as defined in Article 8-(2) of the Act means any of the following entities. 
1. Information and Communications Ethics Commission pursuant to Article 53-2, 
Paragraph 1 of the Telecommunications Business Act. 
2. Korean Publication Ethics Commission pursuant to Article 45-( 1) of the 
Juvenile Protection Act. 
3. Korea Consumer Protection Board pursuant to Article 26 of the Consumer 
Protection Act. 
4. Korean Newspapers Ethics Commission or Korea Advertising Review Board, 
an incorporated body pursuant to Article 32 of the Civil Code. 
5. Other groups or organizations whose main objective is to review labelling and 
advertisements of enterprises and whose establishment is pursuant to other 
statutes. 
Article 10 How to Request a Temporary Cease Order 
When a consumer group or an organization as defined in the immediately 
preceding article is to make a request to the KFTC to issue a temporary cease 
order in accordance to Article8-(2), it must submit to the KFTC the written 
request form containing following information. 
1. the title of the requesting consumer group or organization, the name, address, 
and telephone number of the chief representative. 
2. the title of the enterprise which placed the concerned labelling or 
advertisement. 
3. the nature of the labelling or advertisement 
4. the reasons for requesting such cease order. 
Article 1'1 Filing an Objection to a Temporary Cease Order 
Any party intent to file an objection to the imposition of a temporary cease order 
in accordance to Article 8-(3) must submit to the KFTC a duly completed 
objection form specifying against whom and on what and why they raise an 
objection, and along with the form, the party must submit substantiating IP/N/l/KORlI 
Page 32 
documents or papers. 
Article 12 Surcharge Assessment 
(1) "Enterprises' turnover as set forth in the Presidential Decree" as defined in 
Article 9-(1) means the average turnover of the immediately preceding 3 
business years of the concerned enterprise. Provided, however, that the 
business years fall short of 3 years as of the first day of the concerned business 
year, the turnover from the business initiation day up to the final day of the 
immediately preceding business year is used in assessing surcharge amount; 
and in case the enterprise started business in the business year concerned, the 
turnover from the business initiation day to the day when the concerned violation 
occurred will be converted into an annual average and then be used in 
computing surcharge amount. 
(2) Matters related to surcharge assessment and surcharge criteria pursuant to 
the immediately preceding Paragraph will be determined by the KFTC. 
Article 13 The Scope of Enterprises 
"Enterprises and their turnover as set forth in the Presidential Decree" as defined 
in Article 9-(1) mean any enterprise entering the aggregate amount of product 
sales as operational revenue in the financial statement. 
Article 14 Enterprises without Turnover 
"An enterprise or trade association set forth in the Presidential Decree" as 
defined in the proviso of Article 9-(1) must satisfy following conditions. 
1. when there is no operational gains because it does not yet open business or 
suspends business. 
2. when it fails to submit required documents or submits false documents 
necessary for surcharge assessment. 
3. when the KFTC deems it difficult or impossible to have an objective 
assessment. Article 15 Surcharge Assessment Criteria IP/N/1/KORll 
Page 33 
(1) Surcharge assessment criteria pursuant to Article 9-(1) and (2) of the Act are 
as defined in the Appendix. 
(2) The surcharge amount assessed pursuant to the immediately preceding 
Paragraph may go under adjustment in consideration of the matters provided in 
Article 9-(3) of the Act 
(3) The KFTC will determine and notify more detailed criteria other than what's 
provided in this Decree. 
Article 16 Surcharge Collection and Delinquency Charge 
(1) When imposing surcharge pursuant to Article 9 of the Act, the KFTC must 
clearly state of the type of violation and surcharge amount and notify the violative 
party thereof in writing. 
(2) The party upon receiving the notification thereof must pay the surcharge at a 
KFTC-designated collection agency within 60 days. Provided, however, that 
the party, unable to do so within the set period due to unavoidable reasons, must 
pay the surcharge within 30 days after the reasons disappear or are resolved. 
Article 17 Fines 
(1) Prior to imposing fines in accordance to Article 20-(1) and (2) of the Act, the 
KFTC must probe and confirm violative activities and state clearly of the nature 
of the violation and the amount of the fine and notify the violative party thereof in 
writing. 
(2) The KFTC must give a 10 or more days of period to the parties subject to 
fines so that they can make verbal or written statement. If they don't produce 
any statement within the given period of time, the KFTC deems that they don't 
have intention to make a statement. 
(3) The KFTC, assessing the amount of fines, must take account of the causes 
and the effects of the violative activities concerned. 
Article 18 Implementation Details 
Detailed matters relating to implementing this Enforcement Decree will be 
determined and notified thereof by the KFTC. IP/N/lIKOR/l 
Page 34 
Article 1 Effective Date Addendum 
This Decree will take effect on July 1, 1999. 
Article 2 Amendment made to the Enforcement Decree of the MRFTA 
Following amendments are made to the Enforcement Decree of the Monopoly 
Regulation and Fair Trade Act. 
The phrase in the first part of Article 8 of the Decree "a correction advertisement 
or a public announcement of violation" is simplified to "a public announcement of 
violation. " 
No. 9 of the Appendix 1 of the Decree is deleted. 
[Appendix] 
Surcharge Assessment Criteria ( Regarding Article 15-(1) ) 
Violative Activity 
Pertinent Statutory Provision 
Surcharge Assessment Criteria 
1. Unfair labelling and Advertisement by Enterprises 
Article 3-(1) of the Act 
Surcharge-imposition-standard sales amount is divided into five categories; 
Below and including 1 billion Won; More than 1 billion Won up to and including 
10 billion Won; More than 10 billion Won up to and including 100 billion Won; 
Less than 1 trillion Won; and More than 1 trillion Won. In case the company's 
sales amount is below and including 1 billion Won, surcharges must not 
exceed 2% of the surcharge-imposition-standard sales amount and as for the 
sales amount which is more than 1 billion won, surcharges must not exceed 
combined amount calculated by the ratio set forth in the following note for each 
category. 
2. Trade Associations' Restricting labelling and Advertisements 
Article 6-(1) of the Act 
Surcharges must not exceed 5% of the budget of the year in which the violative 
activities of the trade associations end. In such case, the total surcharge amount must be less than 500 million Won. 
Note: 
1. The surcharge imposition ratio for each category as defined above is 
determined and notified by the KFTC. IPINlllKORll 
Page 35 
2. In case the budget is yet to be drawn up for the year in which the violative 
activities of the trade associations end, surcharge is assessed on the basis of 
the budget amount of the immediately preceding business year. IP/N/IIKORl1 
Page 36 
ATTACHMENT 3 
AGROCHEMICALS CONTROL ACT 
-TABLE OF CONTENTS -Last amended by Act No. 
5153 of31 Mar.1999 
Entry ilnto Force: 1 July 1999 
Ar.t.ide.J1 ...... Regis1r.fltlQI1 .. QJ-DQI11.e.s1ic.a.lIJ:.Pr.Q..du.t:.e.d.lt.e.ms. ..................................................................... 2 
Artide 13 Registration of Modification by Application ofltems ....................................................... 2 
Article 16 Registration of Technicallngr.edients .............................................................................. 3 
Article 17 Registration oflmportedAgr.ochemicals ................................................................ .......... 4 
Article 27 Protection of Privileges of Submitted Materials ............................................................... 5 Article 8 Registration of Domestically Produced Items IP/N/1/KORll 
Page 37 
(1) In cases where the manufacturers wish to produce or market 
agrochemicals in the country, they shall make a registration with the 
Administrator of Rural Development Administration according to categories of 
items. 
(2) Every person who wishes to make a registration in accordance with 
paragraph (1) shall submit an application indicating the specifications under 
following subparagraphs, attached with documents indicating records on 
inspection on effectiveness, harmfulness, toxicity and residual quality of 
agrochemicals by an institute of inspection and research which is designated 
by Presidential Decree (hereinafter referred to as the "records on results of 
inspection"), to the Administer of Rural Development Administration, together 
with samples of agrochemicals, on the proviso that the records on results of 
agrochemicals may not be submitted partially or entirely in accordance with 
the Ordinance of the Ministry of Agriculture and Forestry in cases where the 
items are re-registered after the expire of the period prescribed by Article 11, 
or where they are determined by the Presidential Decree; <Amended by Act 
No. 5153, Aug. 8, 1996> 
1.The name (as for a juristic person, its name and the name of its 
representatives; hereinafter the same shall apply), address, resident 
registration number or the applicant; 
2. The name of agrochemicals; 
3. The physio chemical nature, the kinds of operative and other components, 
and their contents; 
4. The production process of the items; 
5.The kinds, the quality of material and the capacity of containers or 
wrappings; 
6.The ranger of applicable diseases by insects and agricultural crops, and the 
instruction on utilizing agrochemicals and amount of agrochemicals per 
use; 
7.The shelf life of agrochemicals; 
8.The substance of agrochemicals harmful to persons and domestic animals 
and the ways of detoxication; 
9.The contents of agrochemicals harmful to aquatic animals; 
10. The contents of agrochemicals which are inflammable or ignitable, or 
detrimental to skin, or others; 
11.0bservations on storage, handling and applications; 
12. The place of the factory; or 
13. Other requirements for registration of the processed items in accordance 
with the Ordinance of the Ministry of Agriculture and Forestry. 
Article 13 Registration of Modification by Application of Items 
(1) The manufacturer of registration of items who wishes to modify matters 
concerning the range of diseases by insects prescribed by Article 8 (2) 6 of, 
2 IP/N/1/KORll 
Page 38 
shall submit an application with particulars prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry and certificate of registration and records 
on results of inspection as to the modified matters to the Administrator of Rural 
Development Administration appended thereto, together with samples of 
agrochemicals. <Amended by Act No. 5153, Aug. 8, 1996> 
(2) The manufacturer of registration of items shall file a reasoned statement 
with the Administrator of Rural Development Administration as to modifications 
in accordance with Article 8 (2) 1, 4, 5, or 7 through 13 within 30 days from the 
date such modifications have been made. The application for renewal of 
certificate of registration of items shall be provided when there are modification 
as to the particulars in the certificate of registration of items. 
(3) The provisions of Articles 9 and 10 shall apply mutatis mutandis to 
examination and return of documents on applications for registration of items 
concerning the registration of modification of items in accordance with 
paragraph (1) and renewal of certificate of registration of items. 
Article 16 Registration of Technical Ingredients 
(1) The supplier of technical ingredients wishing to produce and market 
technical ingredients shall register them according to their kinds with the 
Administrator of Rural Development Administration. 
(2) Every person who wishes to register technical ingredients in accordance 
with paragraph (1) shall submit an application indicating particulars of the 
following subparagraphs, attached with documents on physio-chemical 
analysis of technical ingredients and records on results of inspection as to 
toxicity thereof by an institute of inspection and research designated by the 
Presidential Decree, to the Administrator of Rural Development Administration 
together with samples of technical ingredients: Provided, That he is exempt 
entirely or partially from submission of the documents according to the 
Ordinance of the Ministry of Agriculture and Forestry, in cases where he 
wishes to register technical ingredients as determined by the Presidential 
Decree: <Amended by Act No. 5153, Aug. 8, 1996> 
1. The name, address, resident registration number of applicant; 
2. The name, and the physio-chemical nature of technical ingredients and the 
kinds and the respective contents of principal or other components therof; 
3.The process as to composition and production of technical ingredients; 
4.The contents of technical ingredients with danger of inflammation or 
explosion; 
5.The place of the factory; or 
6. Other requirements for registration of technical ingredients as prescribed by 
the Ordinance of the Ministry of Agriculture and Forestry. 
(3) The Administrator of Rural Development Administration shall issue 
immediately to the applicant a certificate with description of the following 
subparagraphs when the applicant under paragraph (2) is recognized to 
comply with the requirements for registration of technical ingredients as 
determined and notified by the Administrator of Rural Development 
3 Administration: <Amended by Act No. 5153, Aug. 8, 1996> 
1.The registration number and the date of registration; 
2. The name of the supplier of technical ingredients; 
3. The subject matters as referred to in paragraph (2) 2; 
4. The place of the factory; or IPINlllKORJl 
Page 39 
5.0ther requirements as prescribed by the Ordinance of the Ministry of 
Agriculture and Forestry. 
(4) The provisions of Article 12, 13, 14 (1) and 15 shall apply mutatis mutandis 
to matters concerning succession to the status of the registrant of technical 
ingredients, the registration of modification by application, the ex officio 
revocation of registration, and the invalidity of registration with regard to 
registration of technical ingredients in accordance with paragraph (1). In these 
cases, references to "the items" are construed as including "the technical 
ingredients", and "the manufacturer" as "the supplier of technical ingredients". 
Article 17 Registration of Imported Agrochemicals 
(1) The importer who wishes to import and market agrochemicals or technical 
ingredients shall make a registration with the Administrator of Rural 
Development Administration according to items of the agrochemicals or kinds 
of the technical ingredients: Provided, That this paragraph shall not apply to 
agrochemicals or technical ingredients as used in laboratories or for the 
purposes of academic research. 
(2) Every person who wishes to import the same items of agrochemicals or the 
same technical ingredients from the same manufacturer as the items of 
agrochemicals or the technical ingredients registered in accordance with 
paragraph (1), and market them, may file a statement to the Administrator of 
Rural Development Administration in accordance with the Ordinance of the 
Ministry Agriculture and Forestry in place of registration, irrespective of 
paragraph (1). <Amended by Act No. 5153, Aug. 8, 1996> 
(3) The provisions of Articles 8 (2) through 16 shall apply mutatis mutandis to 
matters concerning the application of registration of items, the review of 
documents on application for registration of items, the issuance of certificate of 
registration of items, the period of validity of registration of items, the 
succession to the status of registrant of items, the registration of modification 
by application of items, the ex officio revocation of registration of items of 
imported agrochemicals in accordance with paragraph (1), and the invalidity of 
registration of items, and the provisions of Article 16 shall apply mutatis 
mutandis to the registration, the succession to the status of the registrants, the 
registration of modification, the ex officio revocation, or the invalidity of 
registration of imported technical ingredients in accordance with paragraph (1), 
respectively. In these cases, references to "manufacturing business" or 
"technical ingredients business" are construed as including "importing 
business", and "manufacturer" or "supplier of technical ingredients" as 
"importer", and "agrochemicals" as "imported agrochemicals", and "technical 
ingredients" as "imported technical ingredients". 
4 IPIN/1/KORlI 
Page 40 
Article 27 Protection of Privileges of Submitted Materials 
(1) In cases where the relevant applicant of registration requests for the 
protection of privileges of the materials submitted in accordance with Article 8 
(2) (including the cases where Article 17 (3) is deemed to apply mutatis 
mutandis), 13 (1) (including the cases where Article 16 (4) or 17 (3) is deemed 
to apply mutatis mutandis), or 16 (2) (including the cases where Article 17 (3) 
is deemed to apply mutatis mutandis), the Administrator of Rural Development 
Administration shall not reveal them to the public, on the proviso that they shall 
be open in the interests of the public. 
(2) No person who reads or examines the submitted materials falling within 
paragraph (1), for whose protection requests have been made, shall reveal the 
knowledge obtained from them to the public. 
5 ATTACHMENT 4 
MONOPOLY REGULATION AND 
FAIR TRADE ACT IP/N/l/KORl1 
Page 41 
Act No. 3320 of31. December. 1980 
last amended by Act No. 5825 of 8.February.1999 
Entry into force: 8 May 1999 
-TABLE OF CONTENTS -
CHAPTER 1 General Provisions ................................................................................... 3 
CHAPTER 2 Prohibition Against the Abuse of Market-dominant Positions .................... 5 
CHAPTER 3 Restrictions on Business Combinations and Economic Concentration ........ 8 
CHAPTER 4 Restrictions on Improper Concerted Acts ................................................ 33 
CHAPTER 5 Prohibition On Unfair Business Practices ................................................ 36 
CHAPTER 6 Trade Associations ................................................................................. 39 
CHAPTER 7 Restrictions on Resale Price Maintenance .............................................. .41 
CHAPTER 8 Restrictions on the Conclusion of Unreasonable International Contracts .. 43 
CHAPTER 9 Enforcement Agency .............................................................................. 44 
CHAPTER 10 Investigation Procedures and Other Matters .......................................... 52 
CHAPTER 10-2 Imposition and Collection of Surcharge ............................................. 57 
CHAPTER 11 Damages .............................................................................................. 60 
CHAPTER 12 Exemptions .......................................................................................... 62 
CHAPTER 13 Supplementary Provisions ..................................................................... 63 
CHAPTER 14 Penal Provisions ................................................................................... 66 
ADDENDUM (Dec. 8, 1992) ........................................................................................... 72 
ADDENDUM (Dec. 22, 1994) ......................................................................................... 73 
ADDENDUM (Dec. 30, 1996) ......................................................................................... 74 
ADDENDUM (Feb. 24, 1998) .......................................................................................... 76 IP/N/lIKORl1 
Page 42 
ADDENDUM (Feb. 5, 1999) ................................................. ........................................... 76 
ADDENDUM (Dec. 1999) ...................................................................................... ......... 77 
2 CHAPTER 1 
Article 1. Purpose General Provisions IPINIlIKORl1 
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The purpose of this Act is to encourage fair and free economic 
competition by prohibiting the abuse of market-dominant positions and 
the excessive concentration of economic power and by regulating 
improper concerted acts and unfair business practices, thereby 
stimulating creative business activities, protecting consumers, and 
promoting the balanced development of the national economy. 
Article 2. Definition 
The following definitions shall be used in Article 2. 
1. "Enterprise" shall mean any person engaged in 
manufacturing, service industry and others. Any officer, 
employee, agent, or other person who acts for the benefit of an 
Enterprise for the purposes of application of the provisions 
concerning Trade Associations. 
1-2 "Holding Company" shall mean any company whose 
primary business concern is to control domestic firms by 
owning shares (including equity. The same will apply 
hereinafter.) and whose total asset exceeds the amount set 
forth in the Presidential Decree. The standards for main 
business area of the holding companies will be determined by 
the Presidential Decree. 
1-3 "Subsidiary Company" shall mean domestic firms whose 
businesses are controlled by a holding company. 
2. "Business Group" shall mean a group of corporations whose 
businesses are in fact controlled by an entity as defined in the 
Pr~sidential Decree and falling under one of the following 
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categories: 
a. if the entity is a corporation, a group of companies which 
includes the entity and the companies controlled by the 
entity; and 
b. if the entity is not a corporation, a group of two or more 
companies controlled by the entity. 
3. "Affiliated Corporation" shall mean each of the two or more 
companies belonging to a single Business Group. 
4. "Trade Association" shall mean any combination or federation 
of Enterprises, regardless of the structure, formed by two or 
more Enterprises for the purpose of enhancing their common 
interests. 
5. "Officer" shall mean a director, representative director, 
managing partner with unlimited liability, auditor or any person 
holding a commercial employer such as manager who is 
authorized toadministrate the general business of the main or 
branch office. 
6. "Resale Price Maintenance" shall mean the act whereby an 
Enterprise which manufactures and sells certain goods, fixes 
the resale price of such goods in advance, and coerces other 
Enterprises, which purchase and resell such goods, to resell 
the said goods at such fixed price, or imposes on such other 
Enterprises restrictions and other conditions on the 
transactions to achieve such end. 
7. "Market-dominant Enterprise" shall mean any supplier or 
demander in a given trade area and which holds market 
dominance to determine, maintain, or alter price, volume, 
quality and other terms of trade either on its own or with other 
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Enterprises. Judging Market-Dominant Enterprises, market 
share, the existence and scope of entry barriers, and 
comparative size of competing enterprises will be taken into 
consideration. However, an enterprise whose annual turnover 
or purchase in relevant area of trade is less than one (1) billion 
won will be exempt. 
8. "Given Area of Trade" shall mean an area of business in 
which a competing relationship exists or may be formed by the 
object, stage, or region of trade. 
8-2 "An Act Substantially Restraining Competition" shall mean an 
act which influences or is feared to influence the price, volume, 
quality, and other terms of trade in accordance with the 
opinions of a certain Enterprise or a certain Trade Association 
as a result of the reduced competition in a Given Area of 
Trade. 
9. "Extension of Credit" shall mean the extension of a loan, 
guarantee, or underwriting of a corporation's liabilities provided 
by domestic financial institutions. 
CHAPTER 2 Prohibition Against the Abuse of Market­
dominant Positions 
Article 3. Improvement of Monopolistic and Oligopolistic 
Market Structure 
(1) The Fair Trade Commission shall establish and enforce measures 
designed to promote competition in the supply and demand 
markets of the products or services in which monopolistic and 
oligopolistic market structures remain entrenched for a long 
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period of time. 
(2) When deemed necessary for the purpose of enforcing the 
measures in Paragraph (1), the Fair Trade Commission may 
present its opinions on the need of the introduction of competition, 
or, the improvement of the market structures to the head of the 
competent administrative agency. 
(3) The Fair Trade Commission shall survey market structure for the 
purpose of establishing and enforcing the measures specified in 
Paragraph (1) and make announcements thereof. 
(4) The Fair Trade Commission may request Enterprises to submit 
documents necessary for the survey of the market structure and 
consequent announcement according to Paragraph (3) 
(5) The Fair Trade Commission may entrust undertakings specified in 
Paragraph (3) and Paragraph (4) to another agency pursuant to 
the Presidential Decree. 
Article 3-2 Prohibition Against Abuse of Market-Dominant Positions 
(1 )No Market-Dominant Enterprise shall engage in any acts included 
under any of the following items (hereinafter referred to as 
"abusive acts"): 
1. Unreasonably fix, maintain, or alter the price of a good or 
service fees (hereinafter referred to as "Price"); 
2. Unreasonably control the sale of goods or the rendering of 
services; 
3. Unreasonably interfere with the business activities of other 
Enterprises; 
4. Unreasonably hinder the entry of new competitors; or 
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5. Engage in unreasonable trade to exclude competitors or 
substantially restrain competition or harm the interests of 
consumers. 
(2) The types of and criteria for Abusive Acts shall be determined by 
the Presidential Decree. 
Article 4 Ex-post Facto Judgement of Market-Dominant Enterprises 
Any Enterprise whose market share in a relevant area of trade falls 
under any of the following categories shall be judged as a Market­
Dominant Enterprise defined by Article 2 (Definition), Subparagraph 7. 
(1) Market share of one Enterprise is more than fifty percent (50%) 
(2) Combined market share of less than three (3) Enterprises is above 
seventy-five percent (75%). However, in such case, any 
Enterprise with market share of less than ten percent (10%) shall 
not be counted in. 
Article 5. Corrective Measures 
If any Market-dominant Enterprise commits any of the acts listed in 
Article 3-2 (Prohibition Against Abuse of Market-dominant Positions), 
the Fair Trade Commission may order the violating Market-dominant 
Enterprise to lower the Price, to suspend the said activity, publicly 
announce the violation of the Act or to take other necessary corrective 
measures with respect to the said act. 
Article 6. Surcharge 
Should a Market-dominant Enterprise commit an abusive act, the Fair 
Trade Commission may impose upon the said Market-dominant Enter 
prise a surcharge not exceeding three percent (3%) of the revenue set 
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forth in the Presidential Decree (For an Enterprise provided by the 
Presidential Decree, it is the operational profits. Hereinafter the same 
shall apply); provided, however, if a revenue does not exist, or if there 
is difficulty in computing the revenue of the Enterprises provided by 
the Presidential Decree (hereinafter referred to as "where there is no 
revenue"), the Fair Trade Commission may impose upon the said 
Enterprise a surcharge not exceeding one (1) billion Won. 
CHAPTER 3 Restrictions on Business Combinations 
and Economic Concentration 
Article 7. Restrictions on Business Combinations 
(1 )No person shall, directly or through specially related persons 
provided for by the Presidential Decree (hereinafter, "Specially 
Related Person"), engage in any acts that fall under one of the 
following categories (hereinafter, "Business Combination") which 
substantially restricts competition in a Given Area of Trade; 
However, the foregoing shall not apply when the act specified in 
Subparagraph 2 is carried out by a person other than Enterprises 
whose total asset or turnover (total asset or turnover of affiliates 
combined) meets the criteria provided for by the Presidential 
Decree (hereinafter, "Large-Scale Enterprise") 
1. Acquire or own shares of another corporation; 
2. Concurrently hold a position as an officer of a corporation 
while being an officer or employee (meaning a person other 
than an officer who is regularly engaged in the business of the 
corporation) of another corporation. Hereinafter "Interlocking 
Directorate") ; 
3. Merge with another corporation; 
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4. Take over or lease the whole or a substantial part of the 
business, undertake the management of another corporation, 
or take over the whole or a substantial part of the fixed 
operating assets of another corporation (hereinafter "Take­
over of Business"); or 
5. Participate in the establishment of a new corporation, except 
for any of the cases listed below. 
a. when any Person other than Specially-Related Person 
(except for those set forth by the Presidential Decree) does 
not participate. 
b. when a new corporation is established by means of 
division from the existing corporation pursuant to the 
provisions Paragraph 1 under Article 530-2 (Division or 
Merger-After-Division of Corporations) of the Commercial 
Code. 
(2)When the Commission recognizes a Business Combination 
pertinent to any of the following categories, provisions of 
Paragraph 1 shall not apply. In such an event, the Enterprises in 
question shall bear the burden of proving whether the business 
combination meets the criteria. 
1. when efficiency-enhancing effects deemed hard to achieve by 
no other means than the proposed combination far exceed 
potential harms of lessening competition; 
2. when the combination involves an Enterprise whose paid-in­
capital has been less than total asset on the balance sheet for 
a considerable period, thus its revitalization deemed impossible 
and which at the same time, meets the conditions set forth by 
the Presidential Decree. 
(3)No person shall engage in a Business Combination with other 
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companies by means of compulsion or any other unfair measures. 
(4)Any Business Combination falling into one of the following 
categories shall be considered a combination substantially 
Restraining Competition in a Given Area of Trade. 
1. The total market share (meaning the sum of the market shares 
of all affiliates) of the parties to the Business Combination 
meets all of the following categories: 
a.The combined market share meets the criteria for Market­
dominant Enterprises. 
b.The total market share is the highest in the Given Area of 
Trade. 
c. The difference between the total market share and the 
market share of the corporation with the second highest 
market share (the corporation with the highest market 
share, excluding the corporation that is a party to the 
Business Combination) is more than twenty-five percent 
(25%) of the said sum of market share. 
2. A Business Combination by a Large-Scale Corporation, either 
direct or through a Specially-Related Person, meets all of the 
following categories. 
a. A Business Combination in an area of trade where the 
market share of the Small-and-Medium Enterprises is more 
than two-thirds (2/3) pursuant to the Framework Act on 
Small and Medium Enterprises. 
b. Acquire more than five percent (5%) of the market share 
as a result of the said Business Combination. 
(5) The Fair Trade Commission may both establish and issue a 
notification concerning standards for Business Combinations that 
subst~ntially restrain competition in a Given Area of Trade 
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pursuant to Paragraph (1); and Business Combinations exempt 
from the application of Paragraph (1) pursuant to Paragraph (2); 
and Business Combinations by means of compulsion or any 
other unfair measures pursuant to Paragraph (3) 
Article 7-2 Standard for Acquisition or Ownership of Shares 
The standard for acquisition or ownership of shares pursuant to the 
regulations in this Act shall depend on actual ownership, regardless of 
the name provisions of the acquirer or owner. 
Artide 8. Reporting of Establishment of or Conversion into Holding Companies 
If an Enterprise intends to establish or convert into a Holding Company, 
it shall file a report to the Commission following the procedure 
provided for by the Presidential Decree. 
Article 8-2. Restrictions on Activities of Holding Companies 
(1 )No Holding Company shall engage in any of the activities listed 
below. 
1. Having liabilities more than net asset (equivalent to the amount 
of total asset from which liabilities are deducted. Hereinafter, 
the same); provided, however, a corporation converts itself into 
a Holding Company, making an investment in kind with the 
whole or substantial part of its asset into another corporation, it 
may hold liabilities in excess of net assets for one (1) year from 
the day of conversion. 
2. Owning less than fifty percent (50%) of the total shares issued 
by a subsidiary (or less than thirty percent (30%) as for the 
subsidiary listed on the stock market as of April 1, 1999); 
provided, however, that a corporation owns shares of the 
subsidiary at the time of conversion into a Holding Company, 
making an investment in kind with whole or substantial part of 
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asset, the foregoing shall not apply for two (2) years from the day 
of conversion. 
3. Owning shares of domestic corporations other than subsidiaries 
for the controlling purpose as provided for by the Presidential 
Decree; provided, however, that a corporation owns shares of 
the domestic corporations at the time of conversion into a 
Holding Company, making an investment in kind with whole or 
substantial part of asset, it may own shares of the domestic 
corporations concerned for two (2) years from the day of 
conversion. 
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4. Any Holding Company in possession of shares of subsidiaries 
engaging in financial or insurance business (hereinafter 
"Financial Holding Company") shall not own shares of domestic 
corporations other than corporations engaging in financial or 
insurance business. (including corporations closely related to 
financial or insurance business and meeting other criteria set 
forth in the Presidential Decree) 
5. Any Holding Company other than Financial Holding Companies 
(hereinafter "General Holding Company") shall not own shares of 
domestic corporations engaging in financial and insurance 
business. 
(2) Any subsidiary of a General Holding Company shall not own 
shares of other domestic corporations (excluding both corporations 
which are closely related to the business of the said subsidiary or 
meet other criteria set forth by the Presidential Decree, and other 
subsidiaries of the General Holding Company in control of the said 
subsidiary) for the controlling purpose provided for by the 
Presidential Decree; provided, however, that the said company is 
already in possession of the shares of domestic corporations at the 
time when the said company turns into the subsidiary of the 
General Holding Company, it may own shares of domestic 
corporations (including shares acquired through exercise of share 
right or share dividend) for 2 years from the day of its turning into a 
subsidiary. 
(3) Any Holding Company shall submit to the Commission a report 
regarding its and its subsidiaries' business such as share­
ownership status and financial status pursuant to the Presidential 
Decree. 
Article 8-3. Limitation on Establishment of a Holding Company by 
Large Business Groups Subject to Restriction of Debt 
Guarantees 
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If any person who controls an Enterprise belonging to Large Business 
Groups pursuant to the provisions of Article 14 (Designation of Large 
Business Groups, etc.), Paragraph 1, or any specia"y-related person 
intends to establish or convert to a Holding Company, it shall remove 
any of following debt-guarantees defined as existing debt-guarantees 
in accordance with the Article 10-3 (Removal of Existing Debt 
Guarantees) 
1. Debt-guarantees between a Holding Company and its Subsidiary. 
2. Debt-guarantees between a Holding Company and other 
domestic affiliates (except for any Subsidiary that the said 
Holding Company controls) 
3. Debt-guarantees between Subsidiaries. 
4. Debt-guarantee between any Subsidiary and other domestic 
affiliates (except for any Holding Company which controls the 
said Subsidiary and other Subsidiaries which are controlled by 
the said Holding Company) 
Article 9. Prohibition on Cross-Capital Investment 
(1 )No corporation belonging to a Business Group which meets the 
criteria set forth in the Presidential Decree, including criteria 
concerning total assets (hereinafter referred to as "Large 
Business Group"), shall acquire or own any shares of any 
Affiliated Corporations which have, acquired or which own some 
of its shares; provided, however, that the foregoing shall not 
apply if any of the following subparagraph apply: 
1 . Merger with the corporation or take-over of the whole 
business; or 
2. Enforcement of security rights or the receipt of accord and 
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(2) A corporation which has made an investment pursuant to the 
proviso in Article 9(1) shall dispose of such shares within six (6) 
months from the date of acquiring or owning the said shares; 
provided, however, that this shall not apply where the Affiliated 
Corporation which has acquired or owns the shares of the 
corporation in question disposed of such shares. 
(3) No Affiliated Corporation of a Large Business Group established 
as a corporation for investing in Small-and-Medium Enterprises 
pursuant to the Support of Small-and-Medium Enterprise Start­
up Act, shall acquire or own shares in a domestic Affiliated 
Corporation. 
Article 10. Limitations on Total Amount of Capital Investment 
(1) No corporation belonging to a Large Business Group (except 
Corporations and holding companies engaging in financial or 
insurance businesses. The same will apply hereinafter.) shall 
acquire or own shares in other domestic companies whose sum 
of acquisition value exceeds twenty-five percent (25%) of the net 
assets of the corporation (hereinafter referred to as "Investment 
Ceiling Amount"). However, this will not apply to each of the 
followings. 
1. The corporation acquires or owns new shares through the 
allocation of newly-issued shares or stock dividends for shares 
which a corporation has already acquired or owns; provided, 
however, that this exception shall be limited to a period not 
exceeding two (2) years from the date of such acquisition or 
ownership; 
2. The corporation acquires or owns shares by virtue of the 
enforcement of security rights or the receipt of accord and 
satisfaction; provided, however, that this exception shall be 
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limited to a period not exceeding six (6) months from the date 
of such acquisition or ownership; 
3. The corporation acquires or owns shares in accordance with 
Subparagraphs 1 or 2 under Article 4 (Methods of Pursuing 
Private Investment Projects) of the Private Investment in Social 
Overhead Capital Facilities Act; provided, however, that this 
exce!=}tion shall be limited to a period not exceeding twenty (20) 
years from the date of such acquisition or ownership, but even 
if the period exceeds 20 years taking into consideration 
construction period and free leasing period, the Fair Trade 
Commission, when it deems it necessary, may allow an 
additional grace period of up to ten (10) years. 
4.The corporation acquires or owns shares in order to restructure 
itself with a view to promoting its competitiveness ("corporate 
restructuring" hereinafter); to attract foreign capital; or to 
bolster a technological cooperation with small and medium 
enterprises, and the Fair Trade Commission deems it satisfy 
the conditions set forth in the Presidential Decree. However, 
this exception shall be limited to a period not exceeding five (5) 
years from the date of such acquisition or ownership, and when 
the Fair Trade Commission deems it necessary, may allow an 
additional grace period of up to three (3) years. 
(2)Net asset value as defined in the preceding Paragraph is assessed 
in each of the following ways. 
1. Capital investment (multiplying the par value per share by the 
number of shares owned) by affiliated firms to the concerned 
corporation as of the closing day of the immediately preceding 
business year is deducted from its total asset on the balance 
sheet of the immediately preceding business year. 
2. When the corporation has been newly incorporated and thus 
has no balance sheet of the previous year, capital investment 
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by affiliated firms to the concerned corporation is deducted from 
its paid-in-capital as of the date of incorporation. 
3. When the total sum of capital has increased after the closing day 
of the immediately preceding business year or the date of 
incorporation due to new rights offering, merger, or conversion 
of convertible bonds into shares, capital investment by affiliated 
firms to the concerned corporation is deducted from the 
augmented asset in total. 
(3) The value of shares acquired or owned pursuant to the preceding 
Paragraph (1) shall be assessed based on the value of shares at 
the time of acquisition. 
(4) In applying Paragraph (1), if the Total Investment Amount of a 
corporation exceeds the Investment Ceiling Amount due to a reduction 
in the net assets of that corporation (except for a decrease in the net 
assets due to the acquisition of its own shares. The same will apply 
hereinafter.), the smaller of the following sums shall be regarded as 
the Investment Ceiling Amount for a period of two (2) years from the 
reduction of net assets. The same shall apply where there is further 
reduction of net assets after the expiration of the period. 
1. Total Investment Amount into other domestic companies as of 
the date of the occurrence of the reduction thereof. 
2. Investment Ceiling Amount estimated when there was no 
reduction in net assets. 
(5) When the Investment Ceiling Amount exceeds the amount that the 
preceding Paragraph (4) defines as the Investment Ceiling 
Amount due to an additional increase in net assets as defined in 
Paragraph (2) 3, the preceding Paragraph (4) shall not apply. 
Article 10-2 Prohibitions on Debt Guarantees for Affiliated 
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Corporations 
(1 )No corporation (excluding those engaging in financial or insurance 
businesses) belonging to a Large Business Group which meets 
the criteria set forth in the Presidential Decree (hereinafter 
referred to as "Large Business Groups Subject to Limitations 
on Debt Guarantees") shall not provide debt guarantees for its 
domestic Affiliated Corporations; provided, however, that debt 
guarantee falls under anyone of following categories, the 
foregoing shall not apply. 
1. Guarantees extended with respect to the debts of companies 
undertaken in accordance with rationalization plans or 
rationalization criteria under the Industrial Development Act 
or the Tax Exemption and Reduction Control Act; or 
2. < Deleted> 
3. Guarantees with respect to debts which are deemed 
necessary to enhance the international competitiveness of a 
corporation or which are set forth in the Presidential Decree. 
(2) The term "Debt Guarantee" in Paragraph (1) above shall mean a 
guarantee that a corporation belonging to a Large Business Group 
Subject to Limitations on Debt Guarantees undertakes in favor of 
domestic Affiliated Corporations in connection with Credit 
extended by any of the following categories of domestic financial 
institutions: 
1. Financial institutions as defined in the Bank Act, and the 
Korea Development Bank, the Export-Import Bank of Korea, 
the Korea Long Term Credit Bank, and the Industrial Bank of 
Korea; 
18 2. <Deleted> IP/N/lIKORll 
Page 59 
3. Insurance companies as defined in the Insurance Business 
Act; 
4. Securities companies as defined under the Securities and 
Exchange Act; 
5. Investment banking companies as defined under the 
Investment Banking Companies Act; and 
6. Any other financial institutions as designated in the 
Presidential Decree. 
(3) <Deleted> 
(4) <Deleted> 
Article 10-3 Removal of Existing Debt-Guarantees 
(1) Any corporation as belonging a business group designated as 
Large Business Group Subject to Limitations on Debt Guarantees 
pursuant to following Article 14, Paragraph 1 shall remove the 
remaining amount of debt guarantees (hereinafter "Existing Debt 
Guarantee") held at the time of designation by the time set forth by 
any of the following categories. However, as for corporations 
falling under the first category as defined in the Presidential 
Decree, the head of the Financial Supervisory Service may 
request an extension. If the Fair Trade Commission deems it 
necessary, the debt removal deadline for the corporations may be 
extended for one year or less. 
1. Corporations belonging to any of business groups designated as 
Large Business Group Subject to Limitations on Debt Guarantees 
in 1997 and 1998 as well, may remove their debt guarantees by 
the extended time of March 31, 2000. 
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2. Corporations belonging to any of business groups newly 
designated as Large Business Group Subject to Limitations on 
Debt Guarantees during the period of 1998 to 2000 may remove 
their debt guarantees by the extended time of March 31, 2001. 
3. Corporations belonging to any of business groups newly 
designated as Large Business Group Subject to Limitations on 
Debt Guarantees after the year 2001 may remove their 
guarantees within one year after the designation. 
(2) Existing debt guarantees defined in the Paragraph (1) above 
include debt guarantees re-agreed to extend the payment period 
but exclude debt guarantees that fall under the first category of 
Paragraph (1) of Article 10-2. 
Article 11. Restrictions on the Voting Rights of Finance or 
Insurance Companies 
No finance or insurance corporation belonging to a Large Business 
Group shall exercise its voting rights with regard to its shares in 
domestic Affiliated Corporations which it has acquired or owns, unless 
such corporation has acquired or owns shares in domestic Affiliated 
Corporations for the purpose of engaging in such businesses or of 
effectively operating and managing its insurance assets after obtaining 
approval under relevant Acts and regulations. 
Article 11-2 Decision of Large-scale Intra-group Transactions by 
Board of Directors and Notification thereof 
(1) When a corporation belonging to a business group designated in 
the Presidential Decree among large scale business groups 
("Corporations Subject to Notification of Intra-group Transactions" 
hereinafter) intends to engage in any type of transactions listed 
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below either with or for a specially related person and when the 
volume of such transactions exceeds the ceiling set forth in the 
Presidential Decree ("Large-scale Intra-group Transactions" 
hereinafter), the directors' board of the said corporation shall 
reach a decision upon it and make a notification thereof. The 
same will apply when the corporation intends to modify major 
contents referred in the following Subparagraph 2. 
1. Providing or transacting capital in forms of suspense payment 
or loans; 
2. Providing or transacting securities in forms of stocks or corporate 
bonds; or 
3. Providing or transacting assets in forms of real estate or 
intangible assets. 
(2) A notification pursuant to the preceding Paragraph 1 by a 
corporation subject to notification of intra-group transactions shall 
contain major contents such as purpose, trading party, size and 
terms of such transactions as set forth in the Presidential Decree. 
(3) The Fair Trade Commission may delegate notification-handling 
business to report receiving agents designated in Article 186 
(Responsibilities to Report and Notify Listed Corporations) of the 
Stock Exchange Act. In such case, the Fair Trade Commission 
will determine the methods, the procedure and other necessary 
matters in association with notification in consultation with the 
report receiving agents to which it delegated the notification 
handling business. 
(4) When a financial or insurance corporation subject to notification of 
intra-group transactions intends to engage in intra-group 
transaction which meets the criteria set forth in the Presidential 
Decree as a typical type of transaction according to the articles of 
incorporation, it can do so without a decision by the board of 
directors notwithstanding the preceding Paragraph (1). However, 
the contents of such transaction must be notified. 
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Article 12. Filing of Report on Business Combinations 
(1) Corporations whose total amount of assets or revenue (meaning 
the sum of the total amount of assets or revenue of affiliates) meet 
the criteria set forth in the Presidential Decree (hereinafter referred 
to as "Corporations Subject to Reporting" in this Article; as for the 
business combinations defined in the following Subparagraph 2, 
only Large Business Groups are subject to reporting) or Specially 
Related Persons of Corporations Subject to Reporting that engage 
in Business Combinations that fall into one of the following 
categories shall file a report with the Fair Trade Commission 
pursuant to the Presidential Decree. The same shall apply when 
corporations other than Corporations Subject to Reporting engage 
in Business Combinations with Corporations Subject to Reporting 
that fall under one of the following categories 
(2)A corporation owns more than twenty percent (20%) [more than 
fifteen percent (15%) for listed corporations] of the total number of 
shares issued by another corporation (excluding non-voting shares 
pursuant to Article 370 of the Commercial Code; hereinafter, the 
same shall apply). 
2. An Officer of a corporation concurrently holds the position of 
Officer of another corporation. 
3. A corporation undertakes any of the acts listed in Article 7 
(Restrictions on Business Combinations), Paragraph (1), 
Subparagraphs 3 or 4. 
4. A corporation subscribes to twenty percent (20%) or more of 
the shares of a new corporation to be established. 
(2) Regulations under Paragraph (1) shall not apply if the head of the 
relevant central administrative agency has already consulted with 
the Fair Trade Commission regarding said business combination. 
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(3) The rate of ownership or acquisition of shares pursuant to 
Subparagraphs 1 or 4 of Paragraph (1) shall be computed by a 
sum of the shares owned by Specially Related Persons of the 
corporation. 
(4) A report of Business Combination pursuant to Paragraph (1) shall 
be filed within thirty (30) days after the date of execution of a 
Business Combination; provided, however, that in business 
combinations pertaining to Subparagraphs 3 or 4 of Paragraph 
(1), whereby one or more corporations in the combination is a 
large corporation, a report shall be filed within thirty (30) days 
after the date of execution of a merger agreement or a business 
transfer agreement or the date of adoption of a resolution at a 
shareholders' meeting (or at a board of directors meeting which 
can replace it) concerning participation in the establishment of a 
corporation. 
(5) No Enterprise which is to file a report pursuant to the proviso in 
Paragraph 4 shall register a merger, perform the obligations 
under the business transfer agreement, or subscribe for shares 
until thirty (30) days after filing such a report. However, the Fair 
Trade Commission may, if it deems it necessary, shorten such 
periods or extend it by a maximum of sixty (60) days. 
(6) Any corporation which intends for any type of business 
combinations defined in forementioned Paragraph (1) of Article 7 
(Restrictions on Business Combinations), may request the Fair 
Trade Commission, even before the reporting period set forth in 
Paragraph 4 above, for a pre-merger examination as to whether 
the business combination has the effect of substantially 
restraining competition. 
(7) The Fair Trade Commission shall notify the petitioner of the result 
within thirty (30) days after receiving a request for a pre-merger 
examination filed in accordance with Paragraph (6). However, 
the Fair Trade Commission may, if it deems it necessary, extend 
23 IP/N/IIKORll 
Page 64 
this period by a maximum of sixty (60) days after the expiration 
date. 
(8) When the duty to file a report pursuant to Paragraph (1) falls 
upon two or more companies, these companies shall jointly file 
the report. However, the foregoing shall not apply where the 
Fair Trade Commission has designated one of the companies 
belonging to the same Business Group as the representative 
responsible for filing the report according to the criteria set forth 
in the Presidential Decree(hereinafter referred to as 
"Representative"), and the Representative has filed the report. 
Article 13. Report on Status of Share Ownership 
(1) All corporations belonging to a Large Business Group shall 
submit to the Fair Trade Commission a report on the status of 
their own shareholders, their financial circumstances and their 
ownership of shares in other domestic companies in accordance 
with the procedure set forth in the Presidential Decree. 
(2) All corporations belonging to Large Business Groups Subject to 
Limitations on Debt Guarantees shall submit to the Fair Trade 
Commission a report on the status of debt guarantees issued to 
domestic Affiliated Corporations after obtaining confirmation from 
domestic financial institutions pursuant to the Presidential Decree. 
(3)The proviso to Article 12 (Filing of Report on Business 
Combinations), Paragraph (8) shall apply mutatis-mutandis to 
reporting in Paragraphs (1) and (2). 
(4) <Deleted> 
Article 14. Designation of Large Business Groups, Etc. 
24 IP/N/l/KORll 
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(1) The Fair Trade Commission shall designate in accordance with 
procedures established in the Presidential Decree certain 
corporations as belonging to Large Business Groups and to 
Large Business Groups Subject to Limitations on Debt 
Guarantees and shall notify such companies of having been so 
designated. 
(2) The provisions of Articles 9 (Prohibition on Cross-capital 
Investment) or Article 11 (Restrictions on the Voting Rights of 
Finance or Insurance Companies) and 13 (Report on Status of 
Share Ownership) shall apply from the date of notification 
pursuant to Paragraph (1). 
(3) Notwithstanding Paragraph (2), if a corporation notified as a 
corporation belonging to a Large Business Group pursuant to 
Paragraph (1) or a corporation notified thereas after being 
incorporated as an affiliated company to the Large Business Group 
pursuant to Paragraph (1) of Article 14-2 of this Notification is in 
violation of Paragraphs (1) or Paragraph (3) of Article 9 (Prohibition 
on Cross-capital Investment), or Paragraph (1) of Article 10 
(Limitations on Total Amount of Capital Investment), followings 
shall apply. 
1. When it is in violation of Paragraph 1 or 3 of Article 9, the 
foregoing shall not apply for the period of one year from the 
day of designation or incorporation as a corporation belonging 
to a Large Business Group. 
2. When it is in violation of Paragraph 1 of Article 10, the total 
capital investment as of the day of designation or 
incorporation thereof will be considered as the ceiling 
investment amount for one year from the day of designation or 
incorporation; provided, however, that the ceiling investment 
amount exceeds the amount set as the ceiling investment 
amount due to an increase in net assets, foregoing shall not 
apply. 
25 IP/NI 1 IKORll 
Page 66 
(4) The Fair Trade Commission may, in order to determine whether a 
corporation should be designated as belonging to a Large 
Business Group, request any corporation or persons having a 
special relationship to the said corporation to submit necessary 
information. 
(5) Any Corporation belonging to a Large Business Group shall 
receive audits by a certified public accountant, and the Fair Trade 
Commission shall use a balance sheet adjusted in accordance to 
the opinion of the certified public accountant. 
Article 14-2. Incorporation and Exclusion of Affiliated Corporations 
(1) When a corporation needs to be incorporated into or excluded 
from a Large Business Group, the Fair Trade Commission shall 
determine, upon request from the said corporation (including 
Specially Related Persons of the corporation) or on its own 
initiative, whether the said corporation meets the criteria for an 
Affiliate Corporation, and determine whether to incorporate it into 
or exclude it from Affiliate Corporations. 
(2) The Fair Trade Commission may, if it deems it necessary for the 
examination under Paragraph (1), request that the said 
corporation submit the necessary documents including those 
relating to composition of shareholders and officers, debt 
guarantee relations, financial debt relations, transaction relations, 
etc. 
(3) Upon receiving requests for examination pursuant to Paragraph 
(1), the Fair Trade Commission shall notify the outcome of the 
examination to the petitioner within thirty (30) days after the date 
of receiving the request. However the Fair Trade Commission may, 
if it deems it necessary, extend this period by a maximum of sixty 
(60) days. 
26 IP/N/l/KORJl 
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Article 14-3 Presumption of Incorporation and Notification of 
Affiliated Corporations 
In case a corporation requested to submit documents pursuant to 
Article 14 (Designation of Large Business Groups, etc.), Paragraph 4 
or Article 14-2 (Incorporation and Exclusion of Affiliated Corporations), 
Paragraph 2, refused the request without any justifiable reason or 
submitted false documents and thus failed to be incorporated into a 
Large Business Group, the Fair Trade Commission shall presume that 
the corporation was incorporated and notified as a corporation 
belonging to a Large Business Group as of the date set forth by the 
Presidential Decree. 
Article 14-4 
Agencies Request for Certification of Documents to Relevant 
The Fair Trade Commission may, if it deems it necessary for the 
enforcement of the provisions of Articles 9 (Prohibition on Cross­
capital Investment) through 11 (Restrictions on the Voting Rights of 
Finance and Insurance Companies) and Articles 13 (Report on Status 
of Share Ownership) through 14-2 (Incorporation and Exclusions of 
Affiliate Corporations), request one of the following agencies to certify 
or examine necessary documents, including documents regarding the 
status of share ownership among shareholders of the domestic 
Affiliate Corporations of Large Business Groups or Large Business 
Groups Subject to Limitations on Debt Guarantees, debt guarantees, 
temporary payments, loans, provision of collaterals, transaction or 
provision of real estates, etc. 
1. The Financial Supervisory Service established pursuant to the 
Act concerning Establishment of Financial Supervisory 
Organizations. 
2. <Deleted> 
27 IP/N/IIKORll 
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3. Domestic financial institutions pursuant to provisions under 
one of the Subparagraphs of Article 10-2 (Prohibitions on 
Debt Guarantees for Affiliated Corporations), Paragraph (2). 
4 Other agencies designated by the Presidential Decree and 
engaged in financial or securities transactions. 
Article 15. Prohibition Against Evasion of Laws 
(1) No one shall commit any act which is intended to evade the 
applications of Article 7 (Restrictions on Business Combinations), 
Paragraphs (1) and (3); Article 8-2 (Restrictions on Activities of 
Holding Companies), Paragraphs (1) and (2); Article 8-3 
(Limitation on Establishment of a Holding Company by Large 
Business Groups Subject to Restriction of Debt Guarantees); 
Article 9 (Prohibition on Cross-capital Investment); Article 10 
(Limitations on Total Amount of Capital Investment) Paragraph 
(1); Article 10-2 (Prohibitions on Debt Guarantees for Affiliated 
Corporations), Paragraph (1); Article 10-3 (Removal of Existing 
Debt Guarantees), Paragraph (1); or Article 11 (Restrictions on 
the Voting Right of Finance or Insurance Companies). 
(2) The types and criteria of evasions of laws in Paragraph (1) shall 
be determined by the Presidential Decree. 
Article 16. Corrective Measures 
(1) If any Enterprise has violated or is likely to violate the provisions 
of Article 7 (Restrictions on Business Combinations), 
Paragraphs (1) and (3); Article 8-2 (Restrictions on Activities of 
Holding Companies), Paragraphs (1) and (2); Article 8-3 
(Limitation on Establishment of a Holding Company by Large 
Business Groups Subject to Restriction of Debt Guarantees), 
28 IP/N/IIKORll 
Page 69 
Paragraph 1; Article 9 (Prohibition on Cross-capital Investment); 
Article 10-2 (Prohibitions on Debt Guarantees for Affiliated 
Corporations), Paragraph (1); Article 10-3 (Removal of Existing 
Debt Guarantees), Paragraph (1); Article 11 (Restrictions on the 
Voting Right of Finance or Insurance Companies); or Article 15 
(Prohibition Against of Evasions of Laws), the Fair Trade 
Commission may order such Enterprise or person [meaning 
concerned enterprises engaged in business combination as for 
cases of violating provisions of Article 7 (Restrictions on Business 
Combinations), Paragraph (1), Subparagraphs 1 or 5] one of the 
following corrective measures. In such event, the corrective 
measures ordered after the receipt of a report pursuant to the 
proviso in Article 12 (Filing of Report on Business Combinations), 
Paragraph (4) must be carried out within the period prescribed in 
the same Article, Paragraph (5). 
1. Prohibition of such act. 
2. Disposition of all or part of shares. 
3. Resignation of an Officer. 
4. Transfer of business. 
5. Cancellation of debt guarantees. 
6. Public announcement of the violation. 
7. Restriction on the types or scope of management that may 
prevent competition restrictive effects of given business 
combinations. 
8. Other corrective measures necessary to correct the violation 
of law. 
29 IP/N/lIKORll 
Page 70 
(2) If corporations have been established or merged in violation of 
Article 7 (Restrictions on Business Combinations), Paragraphs (1) and 
(3); Article 8-3 (Limitation on Establishment of a Holding Company by 
Large Business Groups Subject to Restriction of Debt Guarantees); or 
Article 12 (Filing of Report on Business Combinations), Paragraph (5), 
the Fair Trade Commission may file a lawsuit to nullify the 
establishment of the corporation or the merger. 
Article 17. Surcharge 
(1) The Fair Trade Commission may impose a surcharge on any 
corporation which has acquired or holds shares in violation of 
Article 9 (Prohibition of Cross-Capital Investment) or Article 10 
(Limitations on Total Amount of Capital Investment). The 
surcharge shall not exceed ten percent (10%) of the purchase 
value of shares so acquired or owned. 
(2) The Fair Trade Commission may impose a surcharge on any corporat ion which 
issued a debt guarantee in violation of Article 10-2 (Limitations on Debt 
Guarantees for Affiliated Corporations), Paragraph (1). The surcharge 
shall not exceed ten percent (10%) of the value of the debt guarantee 
in question. 
30 (3) <Deleted> IP/N/l/KORJ1 
Page 71 
(4) The Fair Trade Commission may impose a surcharge on any 
person who violated Article 8-2 (Restrictions on Activities of 
Holding Companies), Paragraph 1 or Paragraph 2. The surcharge 
shall not exceed ten percent (10%) of the amount defined in the 
following categories. 
1. The amount of liabilities exceeding net assets in cases of 
violation of Article 8-2 (Restrictions on Activities of Holding 
Companies), Paragraph (1), Subparagraph 1. 
2. As for cases of violation of Article 8-2 (Restrictions on Activities 
of Holding Companies) Paragraph 1, Subparagraph 2, the 
amount is computed by multiplying the total book value of the 
shares of the affiliate by difference between fifty percent (50%) 
(as for the affiliates listed on the stock market as of April 1 st, 
1999, the figure goes down to thirty percent (30%» of the 
requirement over which a holding company shall own shares of 
the affiliate and the actual equity ownership, and this being 
divided by the holding company's actual equity holding of the 
affiliate. 
3. Total book value of owned shares in cases of violation of Article 
8-2 (Restrictions on Activities of Holding Companies), 
Paragraph 1, Subparagraphs 3, 4, and 5 or provisions of the 
same Article, Paragraph 2. 
Article 17-2 Compulsory Enforcement Charges 
(1) The Fair Trade Commission may impose Compulsory Enforcement 
Charges upon those who violated of Article 7 (Restrictions on 
Business Combinations), Paragraph 1 or 3 and thus received 
corrective orders pursuant to Article 16 (Corrective Measures) 
but failed to implement them within the set period. The charges 
shall not exceed three millionths of the following amount on a daily 
31 IPINIlIKORl1 
Page 72 
basis; Provided, however, the charges shall not exceed two (2) 
million won on a daily basis on those who engage in the business 
combination defined in Article 7 (Restrictions on Business 
Combinations), Paragraph (1), Subparagraph 2. 
1. For Business Combinations pertaining to Subparagraphs 1 or 
5 of Paragraph (1), Article 7 (Restrictions on Business Combinations), 
the amount shall be the sum of the book value of the acquired or 
owned shares and the value of assumed liabilities. 
2. For business combinations pertaining to Subparagraph 3 of 
Article 7 (Restrictions on Business Combinations), Paragraph 
(1), the amount shall be the sum of the book value of shares 
distributed as a result of merger and the value of the assumed 
liabilities. 
3. For business combinations pertaining to Subparagraph 4 of 
Paragraph (1), Article 7 (Restrictions on Business Combinations) the 
amount shall be the value of the business transfer. 
(2) Imposition, payment, collection, refund, and other necessary 
measures relating to Compulsory Enforcement Charges shall be 
determined by the Presidential Decree; provided, however, the 
charges are overdue, they shall be collected in accordance with 
the way the national tax delinquency is addressed. 
(3) The Fair Trade Commission may entrust the collection of charges 
or handling of overdue charges pertaining to provisions of the 
aforementioned Paragraphs (1) and (2) to the head of the National 
Tax Administration. 
Article 18. Enforcing Compliance with Corrective Measures 
(1) No Enterprise which has been ordered to dispose of shares 
pursuant to Paragraph (1) of Article 16 (Corrective Measures) 
32 IP/N/l/KORll 
Page 73 
shall exercise voting rights with respect to such shares as from 
the date of receiving such an order. 
(2) No corporation which has made a cross-capital investment in 
violation of Article 9 (Prohibition on Cross-capital Investment) 
shall exercise voting rights with respect to such shares from the 
date of receiving a corrective order until the violation is corrected. 
(3) Where a corporation has been ordered to dispose of shares 
acquired in violation of Paragraph (1) of Article 10 (Limitation 
on Total Amount of Capital Investment) but the shares cannot 
be identified, the corporation shall notify the Fair Trade 
Commission of the particulars of the shares within ten (10) days 
from the date of receiving the order. In such circumstances, 
Paragraph (1) notwithstanding, the corporation shall cease 
exercising its voting rights with respect to the shares so notified to 
the Commission ten (10) days after the date of receiving the 
order. 
(4) If the Fair Trade Commission does not receive any notice from 
the corporation within ten (10) days from the date of receiving the 
order as provided for in Paragraph (3), the Fair Trade 
Commission may identify the shares with respect to which the 
corporation may not exercise voting rights in accordance with 
the procedure set forth in the Presidential Decree. 
CHAPTER 4 Restrictions on Improper Concerted 
Acts 
Article 19. Restrictions on Improper Concerted Acts 
(1) No Enterprise shall agree with other Enterprises by contract, 
agreement, resolution, or any other means, to jointly engage in 
33 IP/N/lIKORll 
Page 74 
any of the following acts which substantially restricts competition 
in a Given Area of Trade (hereinafter referred to as "Improper 
Concerted Acts"). 
1. Fix, maintain, or alter prices; 
1. Determine the terms and conditions for trade in goods or 
services or for payment of prices or compensation thereof; 
3. Restrict the production, shipment, transportation, or trade in 
goods or services; 
4. Restrict the territory of trade or customers; 
5. Hinder or restrict the establishment or expansion of facilities 
or installation of equipment necessary for the manufacturing of 
products or the rendering of services; 
6. Restrict the types or specifications of the goods at the time of 
production or trade thereof; 
7. Establish a corporation or the like to jointly conduct or 
manage important parts of businesses; or 
8. Hinder or restrict the business activities or the nature of the 
business of other Enterprises, thereby substantially 
restraining competition in a relevant area of trade. 
(2) The provisions in Paragraph (1) shall not apply to Improper 
Concerted Acts which are carried out for one of the following 
purposes, and which meet the criteria set forth in the Presidential 
Decree and are authorized by the Fair Trade Commission. 
1. Industrial rationalization. 
2. Promoting research and technology development. 
34 3. Overcoming economic recession. 
4. Promoting industrial restructuring. 
5. Rationalizing terms of trade. IP/NIl/KORll 
Page 75 
6. Boosting the competitiveness of Small-and-Medium 
Enterprises. 
(3) Matters necessary for the authorization standards, methods and 
procedures, and modification of authorization pursuant to 
Paragraph (2) shall be determined by the Presidential Decree. 
(4) Any contract which provides for Enterprises to engage in any of 
the Improper Concerted Acts specified in Paragraph (1) shall be 
null and void between the parties concerned. 
(5) When two or more Enterprises have committed any of the acts 
listed in Paragraph (1) which substantially restrict competition in a 
Given Area of Trade, the parties shall be presumed to have 
committed an Improper Concerted Acts despite the absence of an 
explicit agreement to engage in such acts. 
Article 20. < Deleted> 
Article 21. Corrective Measures 
If an Improper Concerted Act occurs in violation of Article 19 
(Restrictions on Improper Concerted Acts), the Fair Trade 
Commission may order the Enterprises concerned to suspend such an 
act, publicly announce that a violation occurred, or take other 
corrective measures. 
35 IP/NIlIKORl 1 
Page 76 
Article 22. Surcharge 
The Fair Trade Commission may impose on any Enterprise which has 
engaged in Improper Concerted Acts in violation of the provisions of 
Article 19 (Restrictions on Improper Concerted Acts) a surcharge 
which shall not exceed five percent (5%) of the turnover set forth in the 
Presidential Decree; provided, however, that where revenue does not 
exist, the Fair Trade Commission may impose a surcharge not 
exceeding one (1) billion Won. 
Article 22-2 Immunity to Voluntary Declarers 
(1) If an Enterprise that has engaged in Improper Concerted Acts 
voluntarily reports the said acts to the Fair Trade Commission, the 
voluntary declarer may be subject to lighter corrective measures 
pursuant to Article 21 (Corrective Measures) or an immunity, or to 
lower surcharges pursuant to Article 22 (Surcharge) or exemption 
from the imposition of surcharges. 
(2) Matters necessary for determining the criteria and extent of 
mitigation of punishment or immunity with respect to the voluntary 
declarer provided for in Paragraph (1) shall be set forth in the 
Presidential Decree. 
CHAPTER 5 Prohibition On Unfair Business 
Practices 
Article 23 .. Prohibition On Unfair Business Practices 
(1) No Enterprise shall engage in any act which falls under any of the 
following items and which is likely to impede fair trade 
(hereinafter referred to as "Unfair Business Practices") or cause 
36 IP/N/1/KORJl 
Page 77 
Affiliated Corporations or other Enterprises to commit such an 
act: 
1. Unreasonably refuse to transact with or discriminate against a 
certain transacting partner; 
2. Unreasonably exclude competitors; 
3. Unreasonably induce or coerce customers of competitors to 
deal with 
oneself; 
4. Unreasonably take advantage of one's bargaining power in 
transacting with others; 
5. Transact with others on terms and conditions which 
unreasonably restrict or disrupt business activities of other 
enterprises; 
6. Use advertisements (including the use of brand names) or 
labelling that are false or which may deceive or mislead 
consumers with respect to the Enterprise or its goods or 
services; 
<To be deleted on July 1, 1999 pursuant to Paragraph (1) of 
Article 4 of Addendum to the Fair Representations and 
Advertisements Act> 
7. Unreasonably provide Specially Related Persons or other 
corporations with temporary payments, loans, manpower, 
real estate, securities, or intangible property rights, etc, or 
aid Specially Related Persons or other corporations by 
rading at extremely favorable terms and; 
8. Activities other than those set forth in the preceding 
Subparagraphs 1 and 7 and which may hamper fair trade. 
37 IPINIlIKORl1 
Page 78 
(2) The types of and criteria for Unfair Business Practices shall be 
set forth in the Presidential Decree. 
(3) The Fair Trade Commission may formulate and issue guidelines 
to be observed by Enterprises if it deems such guidelines to be 
necessary to prevent violations of Paragraph (1). 
(4) Enterprises or Trade Associations may voluntarily establish a 
code (hereinafter "Fair Competition Code") for the purpose of 
preventing the unfair luring of customers. 
(5) Enterprises or Trade Associations may request the Fair Trade 
Commission to examine whether any Fair Competition Code 
drafted pursuant to Paragraph (4) is in violation of 
Subparagraphs 3 or 6 of Paragraph (1). 
Article 24. Corrective Measures 
In the event an Enterprise engages in an act in violation of Paragraph 
(1) of Article 23 (Prohibition of Unfair Business Practices), the Fair 
Trade Commission may order the Enterprise to suspend the said act, 
delete the pertinent provisions from the contract, publicly announce 
that it has violated the Act or take any other necessary measures to 
rectify the violation. 
Article 24-2 Surcharge 
The Fair Trade Commission may impose a surcharge on any 
Enterprise which has engaged in Unfair Business Practices in violation 
of the provisions in all the Subparagraphs of Paragraph (1) of Article 
23 (Prohibition of Unfair Business Practices). The surcharge shall not 
exceed two percent (2%) of the revenue set forth in the Presidential 
Decree (or 5% of the revenue as for the violation of Subparagraph 7); 
provided, however, that where revenue does not exist, the Fair Trade 
38 IP/N/l/KORlI 
Page 79 
Commission may impose a surcharge not exceeding five hundred 
(500) million Won. 
Article 25. 
Associations 
<Deleted> 
Article 26. CHAPTER 6 Trade Associations 
Filing of Report of Establishment of Trade 
Prohibited Activities of Trade Associations 
(1) Trade Associations shall not-
1. substantially restrict competition by engaging in any of the acts 
listed in Paragraph (1) of Article 19 (Restrictions on Improper 
Concerted Acts); 
2. restrict the existing or future number of Enterprises in a Given 
Area of Trade; 
3. unreasonably restrain the business or business-related 
activities of member Enterprises (Enterprises who are members 
of the Trade Association); 
4. cause or abet Enterprises to commit Unfair Business Practices 
pursuant to Subparagraphs under Paragraph (1) of Article 23 
(Prohibition of Unfair Business Practices) or to engage in 
Resale Price Maintenance pursuant to Article 29 (Restriction 
on Resale Price Maintenance), or; 
5. engage in any act set forth in Subparagraph 6 under 
Paragraph (1) of Article 23 (Prohibition of Unfair Business Practices). 
39 IP/N/lIKOR/l 
Page 80 
<To be deleted on July 1, 1999 pursuant to Paragraph (1) of 
Article 4 of the Addendum to Fair Representations and 
Advertisements Act> 
(2) The proviso to Paragraph (3) of Article 19 (Restriction on 
Improper Concerted Acts) shall apply mutatis-mutandis to the 
activities referred to in the preceding Subparagraph 1 of 
Paragraph (1). In this case, the term "Enterprise" shall be read 
as "Trade Association". 
(3) The Fair Trade Commission may formulate and issue guidelines 
to be observed by Trade Associations if it deems such guidelines 
necessary to prevent violations of Paragraph (1). 
(4) The Fair Trade Commission shall, in formulating any guidelines 
pursuant to Paragraph (3), hear opinions from the heads of 
pertinent administrative agencies. 
Article 27. Corrective Measures 
In the event a Trade Association has violated Article 26 (Prohibited 
Activities of Trade Associations), the Fair Trade Commission may 
order the Trade Association (and if necessary, its member 
Enterprises) to suspend the said act, make a public announcement 
concerning the violation, or take other necessary measures to correct 
the said act. 
Article 28. Surcharge 
(1) The Fair Trade Commission may impose on any Trade Association 
which has committed acts in violation of the Subparagraphs under 
Paragraph (1) of Article 26 (Prohibited Activities of Trade 
Associations) a surcharge which shall not exceed five hundred 
(500) million Won. 
40 IP/N/l/KORll 
Page 81 
(2) The Fair Trade Commission may impose on any Enterprise which 
has participated in acts in violation of the Subparagraphs under 
Paragraph (1) of Article 26 (Prohibited Activities of Trade 
Associations), a surcharge which shall not exceed five percent 
(5%) of revenue set forth in the Presidential Decree; provided, 
however, that where revenue does not exist, the Fair Trade 
Commission may impose a surcharge not exceeding five hundred 
(500) million Won. 
CHAPTER 7 Restrictions on Resale Price 
Maintenance 
Article 29. Restrictions on Resale Price Maintenance 
(1) No Enterprise that produces or sells a commodity shall engage in 
Resale Price Maintenance. 
(2) Paragraph (1) shall not apply to publications specified under the 
Presidential Decree or to commodities which meet all of the following 
conditions and which the Fair Trade Commission has designated in 
advance as being eligible for Resale Price Maintenance: 
1. The uniformity of the quality of the commodity is readily 
apparent; 
2. The commodity is ordinarily used by consumers; and 
3. Free competition exists with respect to the sale and 
purchase of the 
commodity. 
(3) An Enterprise intending to apply for the designation referred to in 
41 IPINlllKORll 
Page 82 
Paragraph (2) shall apply to the Fair Trade Commission in 
accordance with the procedure set forth in the Presidential 
Decree. 
(4) The Fair Trade Commission shall issue a public announcement 
whenever it designates a commodity as being eligible for Resale 
Price Maintenance under Paragraph (2). 
Article 30. Amendment of Resale Price Maintenance Contract 
When an Enterprise, which produces or sells a commodity which the 
Fair Trade Commission has designated and publicly announced as 
eligible for Resale Price Maintenance under Paragraph (4) of Article 
29 (Restrictions on Resale Price Maintenance), has set the resale 
price of the said commodity and enters into a contract for maintaining 
the said price, and when such activities are deemed to significantly 
undermine consumer welfare or go against public interest, the Fair 
Trade Commission may order the Enterprises concerned to alter or 
amend the said matters. 
Article 31. Corrective Measures 
The Fair Trade Commission may, if any violation of Paragraph (1) of 
Article29 (Restrictions on Resale Price Maintenance) occurs, order the 
Enterprise concerned to suspend the said act, make a public 
announcement concerning the violation, or take any other measures 
necessary to correct the said violation. 
Article 31-2 Surcharge 
The Fair Trade Commission may impose a surcharge on any 
Enterprise which has engaged in Resale Price Maintenance in 
violation of the provisions of Article 29 (Restrictions on Resale Price 
42 IPIN/1IKORl1 
Page 83 
Maintenance), which shall not exceed two percent (2%) of the revenue 
set forth in the Presidential Decree; provided, however, that where the 
revenue does not exist, the Fair Trade Commission may impose a 
surcharge not exceeding five hundred (500) million Won. 
CHAPTER 8 Restrictions on the Conclusion of 
Unreasonable International Contracts 
Article 32. Restrictions on the Conclusion of Unreasonable 
International Agreements 
(1) No Enterprise or Trade Association shall enter into an 
international agreement or international contract set forth 
in the Presidential Decree (hereinafter referred to as 
"International Agreements") which provides for acts that 
constitute Improper Concerted Acts, Unfair Business Practices, 
or Resale Price Maintenance; provided, however, that the 
foregoing shall not apply when the Fair Trade Commission 
deems the effect of the said agreement upon competition in a 
Given Area of Trade to be negligible or deems that there are 
other unavoidable reasons for the said contract. 
(2) The Fair Trade Commission may determine and announce the 
types of and criteria for Improper Concerted Acts, Unfair 
Business Practices, and Resale Price Maintenance as 
referred to in Paragraph (1). 
Article 33. Request for Review of International Contracts 
An Enterprise or Trade Association may, upon entering into an 
International Agreement, request the Fair Trade Commission to review 
the contract in accordance with the procedure set forth in the 
43 IPIN/1IKORll 
Page 84 
Presidential Decree to determine whether it violates any provisions of 
Article 32 (Restrictions on the Conclusion of Unreasonable 
International Agreements) Paragraph (1). 
Article 34. Corrective Measures 
The Fair Trade Commission may, when an International Agreement 
violates or is likely to violate the provisions of Paragraph (1) of Article 
32 (Restrictions on the Conclusion of Unreasonable International 
Agreements), order the Enterprise or the Trade Association which is 
party to the said agreement to cancel the contract, to amend or alter 
the said contract, or to take other necessary corrective measures. 
Article 34-2 Surcharge 
The Fair Trade Commission may impose a surcharge on any Trade 
Association or Enterprise which has entered into an international 
contract in violation of the main stipulations of Paragraph (1) of Article 
32 (Restrictions on the Conclusion of Unreasonable International 
Agreements), which surcharges shall not exceed 500 million Won for 
the Trade Association and two percent (2%) of the revenue set forth in 
the Presidential Decree for the Enterprise; provided, however, that 
where revenue does not exist in the case of Enterprises, the Fair 
Trade Commission may impose a surcharge not exceeding five 
hundred (500) million Won. 
CHAPTER 9 Enforcement Agency 
Article 35. Establishment of the Fair Trade Commission 
(1) The Fair Trade Commission shall be established under the 
jurisdiction of the Prime Minister for the purpose of 
independently achieving the purposes of this Act. 
44 IPINIlIKORl1 
Page 85 
(2) The Fair Trade Commission shall execute pertinent functions as 
a central administrative organization pursuant to Article 2 
(Establishment and Organization of Central Agency) of the 
Government Organization Act. 
Article 36. Matters to be handled by the Fair Trade Commission 
The Fair Trade Commission shall be responsible for handling the 
following matters: 
1. Matters relating to regulating the abuse of market-dominant positions; 
2. Matters relating to limiting Business Combinations and 
preventing the concentration of economic power; 
3. Matters relating to regulating Improper Concerted Acts and 
anti-competitive behavior on the part of Trade Associations; 
4. Matters relating to regulating Unfair Business Practices and 
Resale Price Maintenance; 
5. Matters relating to preventing the conclusion of Unfair 
International Agreements; 
6. Matters relating to policies to promote competition through 
consultation and coordination with respect to Acts, regulations, 
and administrative measures that suppress competition; 
7. Matters provided by other Acts and regulations to be handled 
by the Fair Trade Commission. 
Article 37. 
Matters Composition of the Fair Trade Commission and Related 
45 IP/NIl/KORll 
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(1) The Fair Trade Commission shall be composed of nine (9) 
commissioners, including a chairman, a vice-chairman, and four 
(4) commissioners who shall be non-standing members of 
the Fair Trade Commission. 
(2 The standing and non-standing commissioners of the Fair Trade 
Commission (hereinafter referred to as the "Commissioners") 
shall be appointed from among those persons who meet any 
of the following qualifications. The President shall appoint the 
chairman and vice-chairman upon the recommendation of the 
Prime Minister and the other commissioners upon the 
recommendation of the chairman: 
1. A public official of grade 2 or higher with experience in 
monopoly regulation and fair trade; 
2. Judges, prosecutors, or attorneys with a minimum of fifteen 
(15) years experience; 
3. Associate professors, professors, or the equivalents at certified 
research institutes, with a minimum of fifteen (15) years 
experience who majored in law, economics, or business 
administration at their respective universities; 
4. Business managers or individuals engaged in consumer 
protection activities with a minimum of fifteen (15) years 
experience. 
(3) The chairman and vice-chairman shall be considered political 
appointees, while the other standing commissioners shall be 
considered first-level special government officials. 
(4) The chairman, vice-chairman, and the head of the Secretariat 
pursuant to the provisions of Article 47 (Establishment of an 
Administrative Office) shall be executive representatives, 
notwithstanding the provisions of Article 9 (Executive 
46 Representative) of the Government Organization Act. 
Article 37-2 Classification of the Committee IPlNlllKORll 
Page 87 
The convocation of the Fair Trade Commission shall be distinguished 
between a commission composed of all commissioners (hereinafter 
referred to as "Full Committee") and a meeting composed of one 
standing commissioner and three (3) commissioners (hereinafter 
referred to as "Subcommittee"). 
Article 37-3 Matters under Jurisdiction of the Full Committee 
and the Subcommittee 
(1) The Full Committee shall deliberate and reach final decisions on-
1. modification of past decisions regarding the interpretation and 
application of acts, decrees, rules, and notifications; 
2. raising of objections pursuant to provisions in Article 53 
(Appeal); 
3. matters which have not been finalized by the Subcommittee or 
matters which the Subcommittee has referred to the Full 
Committee for deliberation and decision; 
4. enactment and modification of rules or notifications and; 
5. matters which have significant economic ramifications and 
other matters which the Full Committee acknowledges 
that it needs to handle. 
(2) The Subcommittee shall deliberate and decide on matters other 
than what is listed above in Paragraph (1). 
47 IP/N/1/KORJl 
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Article 38. Chairman 
(1) The chairman shall represent the Fair Trade Commission. 
(2) The chairman may attend and take the floor at Cabinet meetings. 
(3) If the chairman is unable to perform his duties due to illness or 
other reasons, the vice-chairman shall take over the Chairman's 
duties. In case both the chairman and vice-chairman are unable 
to carry out the Chairman's duties due to illness or other reasons, 
the standing commissioner in seniority order shall perform such 
duties. 
Article 39. Term of Office of Commissioner 
The term of office of the commissioners shall be three (3) years and 
maybe 
renewed only once. 
Article 40. Guarantee of Status of Commissioner 
No commissioner shall be removed from office involuntarily except-
1. when the commissioner has been sentenced to 
imprisonment without hard labor or more serious 
punishment or; 
2. when the commissioner is unable to execute his/her duties 
due to long-term mental or physical illness. 
48 Article 41. 
Political Affairs IPINIlIKORl1 
Page 89 
Prohibition of Commissioners' Participation in 
No Commissioner shall become a member of a political party or 
participate in 
political affairs. 
Article 42. Proceedings of the Meeting and Decision Quorum 
(1) The meetings of the Full Committee shall be presided over by the 
chairman and decisions shall be made by a majority of the 
members of the Full Committee. 
(2) The meetings of the Subcommittee shall be presided over by the 
standing commissioner and decisions shall be made by the 
attendance of all members of the Subcommittee and the 
concurrence of all the members present. 
Article 43. Disclosure of Deliberations and Decisions and Non­
disclosure of Discussions among Commissioners 
(1) The deliberations and decisions of the Fair Trade Commission 
shall be disclosed to the public; provided, however, that the 
foregoing shall not apply in cases when it is deemed necessary 
to protect business confidentiality of Enterprises or Trade 
Associations. 
(2) Discussion among commissioners on the cases referred to the Fair 
Trade Commission shall not be disclosed to the public. 
Article 43-2 Maintenance of Order in the Trial Court 
The chairperson of the Full Committee or the Subcommittee may 
order the implementation of necessary measures against the parties 
49 IP/N/l/KORll 
Page 90 
concerned, interested parties, witnesses, and observers attending the 
trial for purposes of 
maintaining order in the trial court. 
Article 44 
Commissioners Exclusion, Challenge and Withdrawals of 
(1) Commissioners shall be excluded from deliberations and 
decisions of cases pertaining to the following categories: 
1. Cases in which the commissioner, the commissioner's 
spouse or the commissioner's ex-spouse is the immediate 
party, co-creditor or co-debtor; 
2. Cases in which the commissioner has a relationship with the 
immediate party or the corporation employing the 
commissioner consults and advises the immediate party 
with respect to legal and management matters; 
3. Cases in which the commissioner or a corporation to which the 
commissioner belongs has given testimony or evidence; 
4. Cases in which the commissioner or a corporation to which the 
commissioner belongs was or is involved as the representative 
of the immediate party, or; 
5. Cases in which the commissioner or a corporation to which the 
commissioner belongs has been subject to administrative 
disposal or involved in an nonfeasance. 
(2) The immediate party may file for challenge against the 
commissioner if the immediate party has reasons to believe that 
a fair deliberation and decision cannot be expected from the 
commissioner. With respect to this file for challenge, the 
50 IP/N/1IKORl1 
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chairman may reach a decision without a deliberation and 
decision by the commission. 
(3) If the commissioner himself/herself falls into one of the categories 
under Paragraphs (1) or (2), the commissioner may voluntarily 
refrain from involvement in the deliberation and decision of 
the case. 
Article 45. Commissioner's Signature and Affixing a Seal 
If the Fair Trade Commission makes decisions on the cases of the 
violation of this Act, it shall be done in a written statement on which the 
commissioners participating in the deliberation of the concerned case 
shall sign their names and affix a seal. 
Article 46. Presumption of Public Servant in Applying Penalty 
With respect to a commissioner of the Fair Trade Commission who is 
not apublic servant, in the application of various penalties pertaining to 
the Criminal Code and other laws, he/she shall be considered a public 
servant. 
Article 47. Establishment of Secretariat 
A Secretariat shall be established within the Fair Trade Commission to 
deal with matters of the Fair Trade Commission. 
Article 48. Regulations on the Organization 
(1) Matters, other than those stipulated in this Act, necessary for the 
organization of the Fair Trade Commission, shall be determined 
51 IP/NI 1 IKORl 1 
Page 92 
by the Presidential Decree. 
(2) Matters not provided for in this act but which are necessary for 
the operation of the Fair Trade Commission shall be 
determined by the Rules of the Fair Trade Commission. 
CHAPTER 10 Investigation Procedures and Other 
Matters 
Article 49. Identification and Reporting of Violations 
(1) The Fair Trade Commission may conduct an investigation on its 
own authority when it deems that a violation of this Act has 
occurred or is occurring. 
(2) Any person who deems that a violation of the Act has occurred or 
is occurring may report it to the Fair Trade Commission. 
(3) The Fair Trade Commission shall, upon conducting an 
investigation pursuant to the provisions of Paragraphs (1) 
and (2), notify in writing party to the case of the result (including 
the nature of disposition in the case of dispositions such as 
corrective measures as a result of investigations). 
(4) The Fair Trade Commission may not order any corrective 
measures or impose any surcharge with respect to any violation 
of this Act if five (5)years or more have passed since the 
completion of the violation. 
Article 50. Investigation of and Hearings on Violations 
(1) The Fair Trade Commission may, if it deems it necessary to 
52 IP/N/l/KORll 
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enforce this Act, take the following measures in accordance 
with the procedures set forth in the Presidential Decree: 
1. Summon the parties concerned, interested parties, or 
witnesses to a hearing and elicit their testimony; 
2. Designate expert appraisers and procure their opinions; 
3. Issue an order to the enterprise, the trade association or their 
officials and employees to submit reports relating to costs and 
business conditions or other materials or objects deemed 
necessary; or detain the submitted materials or objects. 
(2) The Fair Trade Commission may, if it deems it necessary to 
enforce this Act, authorize its staff [including those of other 
agencies delegated with such mission pursuant to Article 65 
(Delegation and Entrustment of Powers) to have access to the 
offices or the work places of the enterprise or the trade association 
under suspicion; and conduct investigations into their business 
affairs, business conditions, books, documents, and other 
materials; and hear the testimonies of the parties concerned, the 
interested parties and the witnesses at the places set forth in the 
Presidential Decree. 
(3) The public servant in charge of conducting investigations under 
the provisions of Paragraph (2) above may, according to the 
provisions in the Presidential Decree, issue an order to the 
enterprise, the trade association or their officials and employees 
to submit materials or objects deemed necessary to the 
investigations and retain the submitted materials or objects. 
(4) The public servant in charge of conducting investigations under 
the provisions of Paragraph (2) above shall present a certificate 
indicating his delegated authority to the related persons 
(5) If the Fair Trade Commission deems that there is no other way to 
53 IP/NIllKORl1 
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confirm unfair financial transactions among Affiliated Corporations 
of Large Business Groups in violation of Subparagraph 7 under 
Paragraph (1) of Article 23 (Prohibition on Unfair Business 
Transactions) than securing document or data relating to the 
SUSpICIOUS financial transactions (hereinafter "Financial 
Transaction Information), it may request in writing specifying 
followings the heads of financial institutions to submit such 
Financial Transaction Information. The requested heads of 
financial institutions shall submit the information. 
1. Transacting parties 
2. The purpose of requesting such information 
3. Nature of the Financial Transaction Information (This must be 
confined to the details of the suspicious financial transactions 
that were made through the financial institutions by the parties 
perceived to be engaging in unfair inter-subsidiary business.) 
(6) When the requested financial institutions submit the Financial 
Transaction Information to the Fair Trade Commission pursuant to 
the preceding Paragraph (5), they shall notify major content, 
purpose of use, profile of the party to whom the information is 
offered, and date of transfer of the Financial Transaction 
Information in writing to the holder of the title deed within ten (10) 
days from the date of submission. 
(7) When the Fair Trade Commission requests financial institutions to 
submit Financial Transaction Information pursuant to the 
provisions of the preceding Paragraph (5), it shall record the fact 
and keep the record for three (3) years from the date of filing the 
request. 
(8) The submitted Financial Transaction Information shall not be 
rendered or disclosed to others nor used for other purposes than 
given thereof. 
54 Article 51. 
Measure IP/N/l/KORll 
Page 95 
Recommendation to Comply with a Corrective 
(1) When an Enterprise or a Trade Association has committed acts 
in violation of the provisions of this Act, the Fair Trade 
Commission may decide on a corrective measure and 
recommend that the said Enterprise or Trade Association 
comply with the measure. 
(2) A person subject to recommendation in accordance with the 
provisions of Paragraph (1) shall notify the Fair Trade 
Commission on whether he/she accepts the recommendation 
within ten (10) days from the date 
of notification of the recommendation. 
(3) When the person subject to recommendation in accordance with 
the provisions of Paragraph (1) accepts the recommendation, it 
shall be considered that a corrective measure has been made 
under the provisions of this Act. 
Article 52. Opportunity to State Opinion 
(1) The Fair Trade Commission shall, before issuing corrective 
measures or levying a surcharge in response to violations of this 
Act, provide the parties concerned or interested parties with the 
opportunity to stite their opinions. 
(2) The parties concerned or interested parties may attend a hearing 
of the Fair Trade Commission to state their opinions or present 
necessary materials. 
Article 52-2 Public Access to the Related Materials 
55 IPINlllKORll 
Page 96 
Parties concerned or interested parties may request the Fair Trade 
Commission to have access to or make a copy of the documents 
regarding law enforcement measures taken by the Commission 
pursuant to the provisions of this Act. In such event, the Fair Trade 
Commission, if there is consent from the party which submitted the 
documents or if it deems it necessary for the public interests, shall 
meet the request. 
Article 53. Appeal 
(1) Any party who is dissatisfied with any measures taken by the Fair 
Trade Commission pursuant to this Act may file an appeal stating 
the reasons thereof with the Fair Trade Commission within 
thirty (30) days from receiving notice of the said measures. 
(2) The Fair Trade Commission shall reach a decision with respect to 
the objection filed pursuant to the preceding Paragraph (1) 
within sixty (60) days after receipt of the objection; provided, 
however, that the period may be extended upon decision thereof 
within thirty (30) days if a decision cannot be reached due to 
unavoidable circumstances. 
Article 53-2. Suspension of Execution of Corrective Order 
(1) The Commission may, upon request by the party concerned or 
upon its own authority, decide to suspend an execution of order 
or continuance of procedures (hereinafter referred to as 
"Suspension of Execution") if he person subject to a corrective 
order pursuant to this Act files an objection pursuant to Paragraph 
(1) of Article 53 (Appeal) and if the Fair Trade Commission deems 
it necessary to prevent irrevocable damages that may result from 
the execution of the order or the continuance of the procedures. 
56 IP/N/lIKORll 
Page 97 
(2) Following the decision to suspend execution pursuant to this Act, 
the Fair Trade Commission may, upon request from the party 
concerned or upon its own authority, decide to cancel the 
decision if the reason for the suspension of execution ceases to 
exist. 
Article 54. Initiation of Lawsuits 
(1) Any party desiring to file a lawsuit with respect to any measure 
taken by the Fair Trade Commission pursuant to this Act shall do 
so within thirty (30) days from the date on which the party receives 
an original copy of the judgement either on the measures taken or 
objection filed. 
(2) The period provided for in Paragraph (1) may not be extended. 
Article 55. Exclusive Jurisdiction over Lawsuits for Appeal 
The Seoul High Court which has jurisdiction over the seat of the Fair 
Trade Commission shall have exclusive jurisdiction over any appellate 
cases filed pursuant to Article 54 (Initiation of Lawsuits). 
Article 55-2. Procedures for Processing Cases 
Matters which are necessary for processing cases in violation of the 
provisions of this Act shall be both determined and notified by the Fair 
Trade Commission. 
CHAPTER 10-2 Imposition and Collection of 
Surcharge 
57 IPINlllKORll 
Page 98 
Article 55-3. Imposition of Surcharge 
(1) In imposing surcharges pursuant to the provisions in this Act, the 
Fair Trade Commission shall take into account-
1. nature and extent of violation; 
2. duration and frequency of violation; and 
3. scale of benefit acquired from violation. 
(2) If the Enterprise violating the provisions of this Act is engaged in 
a merger, the Fair Trade Commission may regard the violation as 
having been committed by the Enterprise that continues to exist 
after the merger or the Enterprise that is established as a result of 
the merger and impose and collect surcharges thereon. 
(3) Criteria for imposing surcharges pursuant to the preceding 
Paragraph (1) shall be determined by the Presidential Decree. 
Article 55-4 Extension of Surcharge Payment Period and 
Payment by Installment 
(1) If the amount of surcharge exceeds the amount provided for in 
the Presidential Decree, and if for one of the following reasons 
the Fair Trade Commission acknowledges that the person on 
whom surcharges are imposed (hereinafter referred to as 
"Person Subject to Pay Surcharges") is unable to pay the 
surcharge in lump sum amount, the Fair Trade Commission 
may extend the payment period or arrange payment by 
installment. In this case, if the Fair Trade Commission deems it 
necessary, it may request the furnishing of security. 
1. A great property loss is incurred due to disaster or robbery. 
58 IP/N/IIKORll 
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2. The business faces a significant threat due to deterioration 
of business conditions. 
3. A serious financial difficulty is expected due to a lump sum 
payment of surcharge. 
4. Other reasons similar to those of Subparagraphs 1 through 3. 
(2) The Person Subject to Pay Surcharges that wishes to extend the 
period of surcharge payment or apply for payment by installment 
pursuant to the provisions of Paragraph (1), shall file such 
application with the Fair Trade Commission ten (10) days prior to 
the expiration of the period. 
(3) If the Person Subject to Pay Surcharges that has been granted an 
extension of the surcharge payment period or payment by 
installment pursuant to the provisions of Paragraph (1) falls 
into one of the following categories, the Fair Trade Commission 
may cancel the decision to extend the surcharge payment period 
or to allow payment by installment and collect the surcharge in 
lump sum: 
1. Failure to deliver the surcharge payment by installment within 
the deadline; 
2. Failure to comply with the Fair Trade Commission's orders 
which are necessary for the change of security or preservation 
of security; 
3. Inability to deliver the full surcharge payment or the remaining 
amount of surcharge due to compulsory execution, opening of 
auction, adjudication of ankruptcy, dissolution of a 
corporation, disposition of national or local taxes in arrears, 
etc. 
59 IP/NI1IKORl 1 
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(4) Matters which are necessary for extending the surcharge 
payment period, or allowing installment payment pursuant to 
Paragraphs (1) or (3) shall be determined by the Presidential 
Decree. 
Article 55-5 Imposition of Surcharge and Disposition for Arrears 
(1) If a Person Subject to Pay Surcharges fails to make a surcharge 
payment within the payment period, the Fair Trade Commission 
shall collect delinquency charges provided for by the Presidential 
Decree for the period between the day immediately following the 
deadline and the day immediately before the date on which the 
last payment was made. 
(2) If a Person Subject to Pay Surcharges fails to pay the surcharge 
payment within the payment period, the Fair Trade Commission 
may set a certain period and dispatch a demand notice. If the 
Person Subject to Pay Surcharges fails to pay the delinquency 
charges pursuant to the provisions of Paragraph (1) within the 
set period, the Fair Trade Commission may collect it in 
accordance with the examples of disposition on the national tax 
in arrears. 
(3) The Fair Trade Commission may entrust affairs relating to the 
collection of surcharges and additional dues or disposition for 
arrears pursuant to the provisions of Paragraphs (1) and (2) to 
the Commissioner of the National Tax Service. 
(4) Matters which are necessary for the collection of surcharges shall 
be determined by the Presidential Decree. 
CHAPTER 11 Damages 
60 Article 56. Liability for Damages IP/N/l/KORl1 
Page 101 
(1) An Enterprise or Trade Association which violates the Act and 
thereby inflicts injury to any party shall be liable for compensating 
the injured. 
(2) No Enterprise or Trade Association liable for damages under 
Paragraph (1) may excuse himself from such liability by proving 
the absence of willful intent or negligence in committing the 
injurious act. 
Article 56-2 Forwarding Documents 
When a lawsuit to claim damages is filed pursuant to the preceding 
Article 56 (Liability for Damages), the judiciary, if deems it necessary, 
may request the Fair Trade Commission to forward documents related 
to the case concerned. (including inquiry papers over parties 
concerned, witnesses, or appraisers and stenographic records and 
other documents that may be presented as evidences in the trial.) 
Article 57. 
Matters Limitations on Claims for Damages and Related 
(1) The right to claim damages as provided for in Article 56 (Liability 
for Damages) may not be exercised until the corrective measures 
as provided for in this Act have become final and conclusive; 
provided, however, that this does not restrict the litigation to claim 
damages pursuant to the provisions of Article 750 (Content of 
Unlawful Act) of the Civil Code. 
(2) The right to claim damages under the text of Paragraph (1) shall 
expire three (3) years after the date it becomes possible to 
exercise the right. 
61 IPINIlIKORl1 
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Article 58. CHAPTER 12 Exemptions 
Legitimate Actions Taken Pursuant to Acts 
This Act shall not apply to legitimate acts of an Enterprise or Trade 
Association conducted in accordance with other Acts or any decree to 
such Act. 
Article 59. Exercise of Intangible Property Rights 
This Act shall not apply to any acts which are deemed as an exercise 
of rights under the Copyright Act, the Patent Act, the Utility Model Act, 
the Design Act, or the Trademark Act. 
Article 60. Acts of Cooperatives 
This Act shall not apply to the acts of a cooperative established in 
accordance with the following criteria (including federations of 
cooperatives); However, the foregoing shall not apply with respect to 
Unfair Business Practices or where competition is unduly restricted, 
thereby resulting in a price increase: 
1. The purpose of the cooperative shall be to provide mutual aid 
among small-scale Enterprises or consumers; 
2. The cooperative shall be established voluntarily, and its 
commissioners may join and withdraw from the cooperative 
voluntarily; 
3. Each commissioner shall possess equal voting rights; and 
62 IP/N/l/KORll 
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4. If profits are distributed to commissioners, the limits on the 
profits that may be so distributed shall be provided for in the 
articles of incorporation. 
Article 61. < Deleted> 
CHAPTER 13 Supplementary Provisions 
Article 62. Duty to Preserve Confidentiality 
No commissioner or government official who engages or has engaged 
in the performance of duties under this Act shall divulge trade secrets 
of Enterprises or Trade Associations obtained in the course of carrying 
out their duties or make use thereof for any purpose other than to 
enforce this Act. 
Mide 63. Consultation on Enactment of Acts and Decrees Which 
Restrain Competition 
(1) When the head of a pertinent administrative agency intends to 
enact or amend any acts or decrees which provide for restraints 
on competition, such as fixing of price or terms of trade, 
restrictions on market entry or business activities, Improper 
Concerted Acts or prohibited activities of trade associations; or 
issue an order or take measures against or grant authorizations to 
any Enterprises or Trade Associations, which contains particulars 
that restrain competition as mentioned above, he/she shall 
consult with the Fair Trade Commission in advance. 
(2) When the head of the pertinent administrative agency intends to 
enact or amend any rules or notifications which contain 
63 IP/N/l/KORll 
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particulars that restrain competition, he/she shall notify the 
Fair Trade Commission of the content of such enactment or 
amendment in advance. 
64 IPINIlIKORJI 
Page 105 
(3) When the head of the pertinent administrative agency has issued 
an order or taken measures against or granted authorizations 
which contain particulars that restrain competition as provided 
for in Paragraph (1 ),he/she shall notify the Fair Trade 
Commission of the content of such orders, measures, or 
authorizations. 
(4) Upon being notified pursuant to the provisions of Paragraph (2), if 
the Fair Trade Commission feels that the rules and notification 
subject to enactment and revision contain particulars that restrain 
competition, it may present its opinion to the head of the pertinent 
administrative agency on the need to correct the particulars that 
restrain competition. The same shall apply to acts and decrees 
that have been enacted or revised without consultation pursuant 
to the provisions of Paragraph (1), the rules and notifications that 
have been enacted or revised with out notification, and orders 
and measures that have been issued and authorizations that 
have been granted without notification. 
Article 64. Cooperation from the Head of Related Agencies 
(1) The Fair Trade Commission may seek the opinion of the heads of 
pertinent administrative agencies, other agencies, or groups if it 
is deemed necessary to enforce this Act. 
(2) The Fair Trade Commission may request the heads of pertinent 
administrative agencies, other agencies, or groups to conduct 
necessary investigations or to submit information if the 
Commission deems such actions necessary to enforce this Act. 
(3) The Fair Trade Commission may request cooperation from the 
heads of pertinent administrative agencies, other agencies, or 
groups if it deems such cooperation necessary to ensure 
compliance with a corrective measure issued pursuant to this Act. 
65 IPINlllKORll 
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Article 65. Delegation and Entrustment of Powers 
The Fair Trade Commission may delegate a part of the authority 
vested in it 
under this Act to a head of any agency under its control, Metropolitan 
City Mayors, City Mayors, Provincial Governors, or a head of any other 
administrative agency pursuant to the Presidential Decree. 
CHAPTER 14 Penal Provisions 
Article 66. Penal Provisions 
(1) The following violations shall be punishable by imprisonment of 
up to three (3) years or a fine of up to two hundred million 
(200,000,000) Won: 
1. Engaging in an abusive act in violation of Article 3-2 
(Prohibition of Abuse of Market-dominant Position); 
2. Taking part in a Business Combination in violation of the main 
provisions of Paragraphs (1) or (3) of Article 7 (Restriction on 
Business Combinations); 
3. Violating Subparagraphs of Paragraph (1) or Paragraph (2) of 
Article8-2 (Restrictions on Activities of Holding Companies); 
4. Establishing or converting a corporation into a holding 
company in violation of Article 8-3 (Limitation on Establishment 
of a Holding Company by Large Business Groups Subject to 
Restriction of Debt Guarantees); 
5. Acquiring or holding shares in violation of Article 9 
(Prohibition on Cross-capital Investment); 
66 IPINIlIKORl1 
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6. Guaranteeing debts in violation of Paragraph (1) of Article 10-2 
(Limitations on Debt Guarantees for Affiliated Corporations) 
and Paragraph (1) of Article 10-3 (Removal of Existing Debt 
Guarantees) ; 
7. Exercising voting rights in violation of Article 11 (Restrictions 
on the Voting Rights of Finance and Insurance Companies) or 
Article 18 (Enforcing Compliance with Corrective Measures); 
8. Committing an act of evasion in violation of Article 15 
(Prohibition Against Evasion of Laws); 
9. Engaging in Improper Concerted acts in violation of the 
provIsions of the Subparagraphs under Paragraph (1) of 
Article 19 (Prohibition of Improper Concerted Acts); 
10. Engaging in prohibited activities of trade associations in 
violation of the Subparagraph 1 under Paragraph (1) 1 of 
Article 26 (Prohibited Activities of Trade Associations). 
(2) The prison sentence and fine provided for under Paragraph (1) 
may be imposed concurrently. 
Article 67. Penal Provisions 
The following violations shall be punishable by imprisonment of up to 
two (2) years or a fine of up to one hundred fifty million (150,000,000) 
Won: 
1 . < Deleted > 
2. Engaging in unfair business practices in violation of 
Paragraph (1) of Article 23 (Prohibition on Unfair Business 
Practices); 
67 IPINIlIKORl1 
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3. Violating Subparagraphs 2 through 5 of Article 26 (Prohibited 
Activities) Paragraph (1); 
4. Engaging in Resale Price Maintenance in violation of 
Paragraph (1) of Article 29 (Restrictions on Resale Price 
Maintenance ); 
5. Entering into an international agreement in violation of 
Paragraph (1) of Article 32 (Restrictions on the Conclusion of 
Unreasonable International Agreements); 
6. Failure to comply with corrective measures pursuant to 
Article 5(Corrective Measures), Article 16 (Corrective 
Measures) Paragraph (1), Article 21 (Corrective Measures), 
Article 24 (Corrective Measures), Article 27 (Corrective 
Measures), Article 30 (Amendment of Resale Price 
Maintenance Contract), Article 31 (Corrective Measures), or 
Article 34 (Corrective Measures); and 
7. Failure to undergo an audit by a certified public accountant in 
violation of Paragraph 5 of Article 14 (Designation of Large 
Business Groups, Etc.) 
Article 68. Penal Provisions 
The following violations shall be punishable by a fine of up to one 
hundred million (100,000,000) Won: 
1. Failure to file a report or filing a false report on the 
establishment of or conversion into a Holding Company in 
violation of provisions of Article 8 (Reporting of Establishment 
of or Conversion into Holding Companies); 
2. Failure to file a report or filing a false report on business 
operations of Holding Companies and their Affiliated 
68 IP/N/1IKORl1 
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Corporations in violation of Paragraph (3) of Article 8-2 
(Restrictions on Activities of Holding Companies); 
3. Failure to file a report on the status of share ownership or 
debt guarantees or furnishing a false report thereto in violation 
of Article 13 (Report on Status of Share Ownership) 
Paragraphs (1) and (2); 
4. Failure to submit documents duly requested pursuant to 
Paragraph 4 of Article 14 (Designation of Large Business 
Groups, Etc.) or submitting false documents.; 
5. Furnishing a false appraisal in violation of Subparagraph 2 of 
Article 50 (Investigation of and Hearing on Violation) Paragraph (1 ).; 
6. Failure to make a notification as required in Paragraph (6) of 
Article 50 (Investigation of and Hearing on Violation) 
7. < Deleted> 
Article 69. Penal Provisions 
(1) Violations of Paragraph (8) under Article 50 (Investigation of and 
Hearing on Violation) shall be punishable by imprisonment of up to 
three (3) years or a fine of up to twenty million (20,000,000) Won. 
(2) Violations of Article 62 (Duty to Preserve Confidentiality) shall be 
punishable by imprisonment of up to two (2) years or a fine of up to 
two million (2,000,000) Won. 
Article 69-2 Non-penal Fines 
(1) Any Enterprise or Trade Association falling under one of the 
following categories shall be punishable by a non-penal fine of 
up to 100 million (100,000,000) Won; any Officer, Employee, or 
69 IP/N/lIKORl1 
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other Interested Parties of a corporation or a Trade Association 
falling under one of the following categories shall be punishable 
by a non-penal fine of up to 10 million (10,000,000) Won. 
1. 
2. Failure to file a report or filing a false report of Business 
Combinations in accordance with Paragraph (1) or (2) of 
Article 12 (Filing of Report on Business Combinations); or 
violations of Paragraph (5) of the same Article.; 
3. Failure to submit, without just cause, reports, necessary data, 
or articles as required under request for materials in 
Paragraph (2) of Article 14-2 (Incorporation and Exclusion of 
Affiliate Corporations), or furnishing false reports, data, or 
articles thereto; 
4. Failure to appear without just cause, in violation of 
Subparagraph 1 of Article 50 (Investigation of and Hearing 
on Violation) Paragraph (1); 
5. Failure to submit reports, necessary data, or articles as 
required in Subparagraph 3 of Paragraph (1), or Paragraph 
(3) of Article 50 (Investigation of and Hearing on Violation), or 
furnishing false reports, data, or articles thereto; 
70 IP/N/l/KORll 
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6. Refusing to cooperate in, obstructing or evading an 
investigation as referred to in Article 50 (Investigation of and 
Hearing on Violation) Paragraph (2). 
7. Refusing to submit Financial Transaction Information as 
referred to in Article 50 (Investigation of and Hearing on 
Violation), Paragraph (5). 
(2) Any person who fails to comply with the measure to maintain 
order in violation of the provisions of Article 43-2 (Maintenance 
of Order in the Trial Court) shall be punishable by a non-penal fine 
of up to 1 million (1,000,000) Won. 
(3) The Fair Trade Commission shall impose and collect the fine 
referred to in Paragraph (1) or (2) in accordance with the 
procedure set forth in the Presidential Decree. 
(4) Any person who wants to contest the fine imposed pursuant to 
Paragraph (3) may file an objection with the Fair Trade 
Commission within thirty (30) days after receiving notice of the 
fine. 
(5) In the event a person files an objection under Paragraph (4) with 
respect to a fine imposed pursuant to Paragraph (3), the Fair 
Trade Commission shall inform the competent court of such fact 
without delay, and the competent court that received the notice 
shall decide the case under the Non-Contentious Case 
Procedure Act. 
(6) If a person subject to a fine neither files an objection to the fine 
within the statutory period provided for in Paragraph (4) nor pays 
the fine, the fine shall be collected by following the disposal of 
national taxes in arrears. 
Article 70. Concurrent Punishment 
71 IPINIlIKOR/l 
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If the representative of a juridical person (including groups without the 
status of juristic person. The same shall apply in this Article.), or an 
agent, employee, or any other person working for a juridical person, or 
for an individual has committed any violation referred to in Articles 66 
(Penal Provisions) through 68 (Penal Provisions) in connection with 
the business of the said juridical person or individual, the applicable 
fine shall be imposed on the said juridical person or individual as well 
as on the person who has actually committed the violation. 
Article 71. Filing of Complaint 
(1) No violation under Articles 66 (Penal Provisions) or 67 (Penal 
Provisions) shall be prosecuted until after the Fair Trade 
Commission has filed a complaint. 
(2) When the acts in violation of Article 66 (Penal Provisions) and 
Article 67 (Penal Provisions) are clear and significant and 
substantially restrain competition, the Fair Trade Commission 
shall file a complaint to the Prosecutor General. 
(3) The Prosecutor General may notify the Fair Trade Commission of 
the existence of acts meeting the criteria for filing of complaint 
provided for in Paragraph (2) and request the Fair Trade 
Commission to file a complaint. 
(4) After the institution of a public prosecution, the Fair Trade 
Commission may not cancel the complaint. 
ADDENDUM (Dec. 8, 1992) 
Article 1. Effective Date 
72 IP/N/l/KORll 
Page 113 
This Act shall take effect on April 1, 1993. 
Artide 2. 
Contribution Interim Measures with Respect to the Total Amount of 
The amended provIsions of Subparagraph 5 of Article 1 O( 1) shall 
apply only to those shares that are acquired or owned after the 
effective date of this Act. 
Mde 3. Interim Measures Regarding Umitations m Debt Guarantees Among 
Affiliated Corporations 
(1) If a corporation which belongs to a Business Group already 
designated as a Large Business Group Subject to Limitations 
on Debt Guarantees as of the Effective Date of this Act or so 
designated within three (3) years after the Effective Date and 
which has been notified of its status as provided under Article 
14(1), at the time of such designation has already exceeded 
the Guarantee Ceiling Amount at the time of notification, 
the corporation's Total Guarantee Amount (hereinafter 
referred to as "Special Guarantee Amount") shall be deemed to 
be the Guarantee Ceiling Amount for three (3) years from the 
Effective Date of this Act for the purposes of applying Article 
10-2(1); provided, however, that this provision shall not apply if 
the Guarantee Ceiling Amount exceeds the Special Guarantee 
Amount due to an increase in net assets. 
(2) The Commission may, if necessary, have any corporation which 
has exceeded its Special Guarantee Amount as provided for 
under Paragraph (1) above prepare and submit a yearly plan for 
resolving the problem of the excess guarantee ceiling amount 
through consultation with domestic financial institutions. 
ADDENDUM (Dec. 22,1994) 
73 IP/N/l/KORll 
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Article 1. Effective Date 
This Act shall take effect on April 1, 1995. 
Article 2. 
Amount Investment Measures Regarding the Total Investment 
If a corporation belonging to a Business Group already designated as 
a Large Business Group as of the Effective Date of this Act or so 
designated within three (3) years from the Effective Date and which 
has been notified of its status as provided for under Article 14(1), at 
the time of such designation has already exceeded the Investment 
Ceiling Amount at the time of notification, the Total Investment Amount 
("Special Ceiling Amount") shall be 
deemed to be the Investment Ceiling Amount for three (3) years from 
the Effective Date of this Act for the purposes of Article 10(1); provided, 
however, that if the Investment Ceiling Amount exceeds the Special 
Ceiling Amount due to an increase in net assets, this provision shall 
not apply, and if the period of time during which the Special 
Investment Amount is deemed to be the Investment Ceiling Amount is 
shorter than that provided for in Subparagraph (ii) of Article 14(3), the 
period shall be one (1) year. 
Article 3. Example of the Application 
The amended provisions of Article 10(2) shall apply only to those 
shares that are acquired or owned after the Effective Date of this Act. 
ADDENDUM (Dec. 30, 1996) 
74 Article 1. Effective Date IP/N/l/KORll 
Page 115 
This Act shall take effect on April 1, 1997. 
Article 2. 
Amount Investment Measures Regarding the Total Investment 
In applying the revised provisions of Article 10 (Limitations on Total 
Amount of Capital Investment), if the book value of the shares 
acquired prior to the effective date of this Act is lower than its 
acquisition value, the book value shall be considered the acquisition 
value of said share. 
Article 3. Interim Measures Regarding Debt Guarantees 
With respect to a corporation which belongs to Large Business Groups 
Subject to Limitations on Debt Guarantees at the time of enforcement 
of this Act, if said corporation's total amount of debt guarantees 
granted to local affiliates at the time of enforcement of this Act is in 
excess of the ceiling amount under the revised provisions of 
Paragraph (1) of Article 10-2 (Limitations on Debt Guarantees for 
Affiliated Corporations), the total amount of debt guarantees shall be 
considered the ceiling amount of debt guarantees for said corporation 
until March 31, 1998; provided, however, that the foregoing shall not 
apply when the ceiling amount on debt guarantee exceeds the total 
amount of debt guarantee due to the increase in equity capital of said 
corporation. 
Article 4. Interim Measures Regarding Penalty 
Penalty regarding conduct prior to enforcement of this Act shall be 
given according to the previous provisions. 
75 IP/N/lIKORlI 
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Article 1. ADDENDUM (Feb. 24,1998) 
Effective Date 
This Act shall take effect on April 1, 1998. However, the revised 
provisions of Article 10 (Prohibitions on Debt Guarantees for Affiliated 
Corporations) shall go into effect on the date of promulgation. 
Article 2. Interim Measures with Respect to the Debt Guarantees 
If any corporation which belongs to the Business Group designated as 
a Large Business Group Subject to Limitations on Debt Guarantees in 
1997 and again in 1998 designated thereof, has owned combined debt 
guarantees in excess of the Guarantee Ceiling Amount set forth in the 
previous provisions of Subparagraph 1, Paragraph (2) under Article 
10 at the time of such designation, the previous provisions shall apply; 
provided, however, Exception Warrant Period granted due to the 
decrease in net assets pursuant to Paragraph (4) of Article 10-2 shall 
not extend until March 31, 2000. 
ADDENDUM (Feb. 5, 1999) 
Article 1. Effective Date 
This Act shall take effect on April 1, 1999. However, the amended 
provisions of Paragraphs (5), (6), (7), (8) of Article 50 (Investigation of 
and Hearings on Violations); Subparagraph 6 of Article 68 (Penal 
Provisions); Paragraph (1) of Article 69 (Penal Provisions); and 
Subparagraph 7 of Paragraph (1) under Article 69-2 (Administrative 
Fines) shall go into effect from the date of promulgation. 
76 IP/N/1/KORl1 
Page 117 
Article 2. Effective Period 
The Amended provisions of Paragraphs (5), (6), (7), (8) of Article 50 
(Investigation of and Hearings on Violations); Subparagraph 6 of 
Article 68 (Penal Provisions); Paragraph (1) of Article 69 (Penal 
Provisions); and Subparagraph 7 of Paragraph (1) under Article 69-2 
(Administrative Fines) shall be effective for two (2) years from the date 
of promulgation. 
Article 3. Interim Measures Regarding Expiration of Effective Period 
If penal provisions are applied to or administrative fines are imposed 
on the activities that take place before the expiration of the effective 
period set forth in the preceding Article, the previous provisions shall 
apply. 
Article 4. 
Provisions Interim Measures Regarding Application of Penal 
Application of the penal provisions upon the activities that take place 
before this Act takes effect shall be pursuant to the previous 
provisions. 
ADDENDUM (Dec. 1999) 
Article 1. Effective Date 
This Act shall take effect on April 1, 2000. However, the amended 
provisions of Article 10 (Limitations on Total Amount of Capital 
Investment) and Subparagraph 2 under Paragraph 3 of Article 14 
77 IP/N/IIKORJ1 
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(Designation of Large-scale Business Groups) shall go into effect from 
April 1, 2000. 
Article 2. Exceptional Application to Capital Investment for the 
Corporate Restructuring 
The amended provisions of Subparagraph 4 under Paragraph (1) of 
Article 10 (Limitations on Total Amount of Capital Investment) apply an 
exception that stocks acquired or owned for the corporate 
restructuring may exceed the Investment Ceiling Amount. The 
stocks, however, have been acquired or owned and to be acquired or 
owned during the period between January 1, 1998 and May 31, 2001. 
In assessing the period as set in the said Subparagraph under the 
same Article, the acquisition or owned date of the stocks will 
considered to be April 1, 2001. 
Article 3. 
Investment Interim Measures Regarding Total Amount of Capital 
If a corporation belonging to a business group designated as a Large­
scale Business Group as of the effective date of this Act makes 
investment over the investment ceiling amount, the total amount of 
capital investment as of the effective date will be considered to be the 
investment ceiling amount for the first one year from the effective date 
in applying amended provisions of Paragraph (1) of Article 10 
(Limitations on Total Amount of Capital Investment). However, due to 
an increase in net assets, the investment ceiling amount exceeds the 
amount considered to be the investment ceiling amount, foregoing 
shall not apply. 
Article 4. Interim Measures Regarding Investment for Social 
Overhead Capital Facilities 
78 IP/NI 1 IKORlI 
Page 119 
Any party which, under permission, acquired, owned, or extended 
maturity of shares of a corporation engaging in the Type 1 facility 
business as defined in Subparagraph 2 under Article 2 of the previous 
Private Investment Promotion for Social Overhead Capital Facility Act 
(referring to the Act before it was revised into the Act No. 5377) in 
accordance with Paragraph 2 of Article 10 (Limitations on Total 
Amount of Capital Investment) of the previous Monopoly Regulation 
and Fair Trade Act (referring to the Act before it was revised into the 
Act No. 5528), its acquisition, ownership, or extension of shares will be 
deemed to have been made in line with the amended provisions of 
Subparagraph 3 of Paragraph 1 under Article 10 up to the grace 
period that the Fair Trade Commission granted as of the day giving 
permission to the party to acquire, own, or extend the maturity of 
shares. 
Article 5. Interim Measures Regarding Investment for Attracting 
Overseas Capital 
Stocks acquired or owned to attract overseas capital before the 
effective date hereof and subject to amended provisions of 
Subparagraph 4 of Paragraph 1 under Article 10 (Limitations on Total 
Amount of Capital Investment) will be considered to be acquired or 
owned as of April 1, 2001. 
79 IP/N/1IKORl1 
Page 120 
ENFORCEMENT DECREE OF 
THE MONOPOLY REGULATION AND 
FAIR TRADE ACT 
CHAPTER 1 
CHAPTER 2 
CHAPTER 3 
CHAPTER 4 
CHAPTER 5 
CHAPTER 6 
CHAPTER 7 
CHAPTER 8 
CHAPTER 9 
CHAPTER 10 
CHAPTER 11 Presidential Decree No. 10267 of 1 April 1981 
last amended by Presidential Decree NO.16430 of 30June 1999 
Entry into force: I July 1999 
-TABLE OF CONTENTS-
General Provisions ............................................................................. 2 
Prohibition of Abuse of Market-Dominant Positions ........................ 8 
Restrictions on Business Combinations and .................................... 11 
Restrictions on Improper Concerted Acts ........................................ 29 
Prohibition of Unfair Business Practices ......................................... 36 
Trade Associations ........................................................................... 36 
Restrictions on Resale Price Maintenance ....................................... 37 
Restrictions on Concluding of International Contracts ................... 39 
Operation of the Fair Trade Commission ........................................ 40 
Procedures for Investigation ........................................... ............... 42 
Imposition and Collection of Surcharge ........................................ 45 
ADDENDUM (April 14, 1990) ................................................................................... 48 
ADDENDUM (February 20, 1993) ...................................................... ...................... 50 
ADDENDUM (April 1, 1995) ................................................. .................................... 50 
ADDENDUM (March 31, 1997) ................................................................................ 51 
ADDENDUM (April 1, 1998) ..................................................................................... 52 
ADDENDUM (March 31, 1999) ................................................................................ 52 
APPENDICES ............................................ ................................................................ 53 
1 CHAPTER 1 
Article 1. Purpose General Provisions IP/N/l/KORJl 
Page 121 
The purpose of this Decree is to elaborate upon matters necessary for the 
implementation of the Monopoly Regulation and Fair Trade Act. 
Article 2. Classification of a Holding Company 
(1) "Corporations whose total assets exceed the amount determined by the 
Decree" stipulated in The Monopoly Regulation and Fair Trade Act (hereinafter, 
"MRFTA" or "Act"), Article 2 (Definitions), Subparagraph 1-2 shall mean a 
corporation whose net assets on the balance sheet exceeds one hundred million 
Won on the final date of the previous business year (for corporations that were 
newly established or underwent a merger during the year in question, the 
establishment date and merger date, respectively, are used; same applies 
below). 
(2) "Primary Area of Business" of the MRFTA, Article 2 (Definitions), 
Subparagraph 1-2 shall mean the activity of the subsidiary company whose total 
amount of share price (i.e. the sum of the price indicated on the balance sheet as 
of the final date of the previous business year) constitutes more than fifty percent 
(50%) of the corporation's total assets. 
Article 3. Scope of Business Groups 
"A company that in fact controls firm policies, as defined by the Presidential 
Decree" of MRFTA, Article 2 (Definitions), Subparagraph 2 shall mean a 
company that falls under one of the following categories: 
1. A corporation in which a Person, either alone or together with any 
of the following Enterprises (hereinafter, "Related Persons"), own 
thirty percent (30%) or more of the total issued shares [excluding 
non-voting shares, defined in Article 370 (Non-Voting Shares) of the 
Commercial Code; same applies to Article 3, Article 3-2 (Exemption 
from Business Groups), Article 17-5 (Conditions for Exemption from 
Limitations on Guarantees), and Article 18 (Reporting of Business 
2' IP/N/1/KORll 
Page 122 
Combinations)], and is the largest shareholder; and 
a. A Spouse, a blood relative within eight degrees of kinship, 
or an in-law within four degrees of kinship (hereinafter, 
"Relatives"); 
b. A non-profit corporation or organization (Le. 
unincorporated associations or foundations; same applies below), 
founded either by the Person or a Related Person, and whose 
thirty plus percent (30%+) of donations are from that Person, 
either alone or together with a Related Person, who is/are the 
highest contributor( s); 
c. A non-profit corporation or organization over which the 
Person, either directly or indirectly through a Related Person, 
exercises a controlling influence on matters such as officer 
composition or business policies; 
d. A corporation whose business policies are, in actuality, 
controlled by the Person, as outlined in Subparagraphs (1) and 
(2); and 
e. The Person and Employees of the relationships outlined 
in b through d (officers in the case of corporations; commercial 
employees and those under employment contracts in the case of 
individuals). 
2. A corporation falling under any of the following categories and 
considered to exercise a substantial amount of influence over the 
concerned company: 
a. A corporation in which the Person, through a contract or 
agreement with another major shareholder, has 
appointed/dismissed the chief executive or has or may appoint 
fifty percent (50%) or more of the officers; 
b. A corporation in which the Person, either directly or 
indirectly through a Related person, exercises a controlling 
influence over major business decisions or executions, such as 
organizational readjustment and investments in new companies; 
3 Article 3-2. IP/N/l/KORl1 
Page 123 
c. A company that has a personnel exchange of any of the 
below types with that corporation controlled by the Person (in 
cases where the Person is an Enterprise, includes the Person; 
same applies below): and 
(1) Cases of interlocking directorate between a company and 
the corporation controlled by the Person; 
(2) Cases where officers or employees of the corporation 
controlled by the Person were appointed as officers of a 
company, and subsequently re-appointed as officers or 
employees of the former corporation (includes cases of re­
appointment to different corporations owned by the Person); 
and 
(3) Cases where officers of the company were appointed as 
officers or employees of the corporation controlled by the 
person, and subsequently re-appointed either to the former 
company or its affiliates. 
d. Companies engaged in acts that are, according to social 
norm, made by a single economic entity, such as trading funds, 
assets, products, services; guaranteeing or being guaranteed in 
excess of normal scope; and other commercial activities, which 
renders the company as an affiliate of the Person's Business 
Group. 
Exemption from Business Groups 
(1) If a corporation falls into one of the following categories and its policies have 
been acknowledged as not being controlled by the Person, the Fair Trade 
Commission, may, upon request from interested parties, exempt the corporation 
from the Business Group controlled by the Person, despite the provisions of 
Article 3 (Scope of Business Groups): 
1. Companies who, through agreements and contracts among 
investors, are in fact operated by Enterprises other than those below: 
a. Appointees of the Person; and 
4 IP/N/l/KORll 
Page 124 
b. An Enterprise related to the Person by relationships 
specified in Article 3 (Scope of Business Groups), Subparagraph 
1, items a or e. 
2. Companies that meet all of the following conditions (hereinafter, 
"Criteria for Recognition of Independent Management") and are 
deemed as being independently operated by a Relative of the 
Person: 
a. The total amount of each companies' shares that is 
owned by the Person and Related Persons [excluding 
independent managers of Affiliates of Relatives (hereinafter, 
"Independent Manager") and those who, upon request of the 
Independent Managers, were excluded from the scope of 
Related Persons] is less than three percent (3%) (less than ten 
percent (10%) for unlisted corporations) of the total amount of 
shares issued by each of those companies requesting exemption 
from the Business Group controlled by the Person (hereinafter, 
"Affiliates of Relatives"); 
b. The total amount of each of the Person-controlled 
companies' (i.e. the Business Group controlled by the Person, 
excluding the Affiliates of Relatives; hereinafter, Affiliates of the 
Person) shares owned by the Independent Manager and those 
related to the Independent Manager by any of the relationships 
outlined in Article 3 (Scope of Business Groups), Subparagraph 
1 (excluding Related Persons of the Person, under the provisions 
of item a) must be less than three percent (3%) of each 
companies' total shares issued (less than fifteen percent (15%) 
for unlisted corporations); 
c. Affiliates of the Person and Affiliates of Relatives may not 
have an interlocking directorate; and 
d. <Deleted 99. 3. 31.> 
(2) Notwithstanding Article 3 (Scope of Business Group), the Fair Trade 
Commission, upon request from the interested parties, may exempt from the 
scope of business groups controlled by the Person those Persons who jointly 
5 IP/N/l/KORll 
Page 125 
conduct business with national/ regional self-governing bodies or with 
companies meeting all of the criteria of Subparagraph (1), a and b; and which, 
meeting all of the conditions below, are deemed not to pose a threat of economic 
concentration: 
1. The national/regional self-governing body or a corporation of one 
of the following types (limited to investments in private investment 
corporations, established under the Private Investment in Indirect 
Public Facilities Act) must own at least twenty percent (20%) of the 
total shares issued; 
a. A government institution, as defined by the Governmental 
Institution Management Act, Article 2 (Scope of Application); and 
b. Public companies, organizations, and other corporations, 
established under a special act. 
2. There shall be no cross-capital investment with other 
corporations; 
3. <Deleted 98.4. 1.>: and 
4. There shall be no debt guarantees for or by another firm. 
(3) If a corporation exempted from the Business Group controlled by the Person 
as stipulated in Paragraphs (1) and (2) no longer meets the exemption criteria, 
the Fair Trade Commission may, at the request of interested parties or on its 
own initiative, invalidate the exemption. However, for companies exempted 
from the Business Group controlled by the Person under Paragraph 1, 
Subparagraph 2, the foregoing applies only to cases where the company no 
longer meets the exemption conditions within three years of the exemption date. 
(4) An Enterprise that wishes to request exemption from the Business Group 
controlled by the Person under Paragraph (1), Subparagraph 2 must submit the 
following documents to the Fair Trade Commission: 
1. In the case of Paragraph (1), Subparagraph 2, a and b, directory 
of shareholders. In this case, registered corporations must include 
a written confirmation of a stock transfer agency 
6 IPINIlIKORJ1 
Page 126 
Article 4. 2. In the case of Paragraph (1), Subparagraph 2, c, the registrations 
of the Affiliates of the Person and the Affiliates of Relatives; and 
3. In the case of Paragraph (1), Subparagraph 2, d, a public-auditor 
certified status report of debt guarantees and capital loans. 
Computation of Sales or Purchase Amount 
(1) "Yearly sales or purchase amount" of MRFTA, Article 2 (Definitions), 
Subparagraph 7 shall mean the price of the goods or services that the company 
supplied or purchased (i.e. the price excluding indirect taxes on the goods or 
services; same applies below) during the year immediately before the year that 
includes the final day in which the company was engaged in the activity (in the 
event that the activity continues until either the recognition or reporting date, the 
recognition or reporting date is considered to be the final date) suspected of 
violating the Act's Article 3-2 (Prohibition of Abuse of Market-Dominant 
Positions). 
(2) "Market share" of MRFTA, Article 2 (Definitions), Subparagraph 7 and of 
Article 4 (Ex-Post Facto Judgement of Market-Dominant Enterprises) shall mean 
the ratio of the price of goods or services that the concerned company has 
supplied or purchased domestically to the total price of goods or services 
supplied or purchased domestically during the year immediately before the year 
that includes the final day in which the company was engaged in the activity 
suspected of violating the Act's Article 3-2 (Prohibition of Market-Dominant 
Positions). However, where it is difficult to compute the market share according 
to price, the market share may be computed according to quantity or 
productivity. 
(3) In applying the provisions of MRFTA, Article 2 (Definitions), Subparagraph 7 
and Article 4 (Ex-post Facto Judgement of Market-dominant Enterprises), an 
Enterprise and its Affiliated Corporations are regarded as a single entity. 
(4) The Fair Trade Commission may determine and announce the specific 
details necessary for the judging of Market-Dominant Enterprises under the Act, 
Article 2 (Definitions), Subparagraph 7. 
Article 4-2. 
Announcement Investigations of Market Structure and Delegation of Public 
7 IP/N/lIKORll 
Page 127 
(1) The Fair Trade Commission may delegate the responsibilities of investigating 
monopolistic and oligopolistic market structures, making public announcements, 
or requesting submission of pertinent documents under Article 3 (Improvement 
of Monopolistic and Oligopolistic Market Structures), Paragraph (5) to the heads 
of the relevant administrative agencies or state-funded research centers. 
(2) The head of the agency entrusted with the investigation of market structure or 
the making of public announcements as outlined in Paragraph (1) must report 
his/her performance to the Fair Trade Commission. 
CHAPTER 2 Prohibition of Abuse of Market-Dominant 
Positions 
Article 5. Types of and Criteria for Abusive Acts 
(1) "Unreasonable fixing, maintenance, or alteration of price" of MRFT A, Act 3-2 
(Prohibition of Abuse of Market-Dominant Positions), Paragraph (1), 
Subparagraph 1 shall mean the markedly sharp increase or lack of sufficient 
decrease, without reasonable justification, of the price/fees of goods or services 
relative to changes in the supply and demand or supply cost (limited to the 
general level of the same or similar businesses). 
(2) "Unreasonable controlling of the supply of goods and services" of MRFTA, 
Act 3-2 (Prohibition of Abuse of Market-Dominant Positions), Paragraph (1), 
Subparagraph 2 shall mean any of the following: 
1. Markedly decreasing, without reasonable cause, the supply of 
goods and services relative to recent trends; and 
2. Decreasing without reasonable justification, the supply of goods 
or services despite a supply shortage in circulation. 
(3) "Unreasonable hindering of another Enterprise's Business Activities" of 
MRFTA, Act 3-2 (Prohibition of Abuse of Market-Dominant Positions), Paragraph 
1, Subparagraph 3 shall mean the retarding of another Enterprise's Business 
Activities by engaging, directly or indirectly, in any of the following acts: 
8 IP/NI 1 IKORl1 
Page 128 
1. Hindering without reasonable justification, the purchase of raw 
materials needed for the other Enterprise's production; 
2. Employing human capital indispensable to the business activities 
of another firm by granting or promising economic compensation 
exceeding the normal range; and 
3. Unreasonable Acts other than those of Subparagraphs 1 and 2 
that the Fair Trade Commission has pronounced as impeding the 
business activities of other Enterprises. 
(4) "The unreasonable hindering of the entrance of a new competitor" of MRFTA, 
Article 3-2 (Prohibition of Market-Dominant Positions), Paragraph (1), 
Subparagraph 4 shall mean the obstructing of the entrance of new competitors 
by engaging, directly or indirectly, in any of the following acts: 
1. Forming without reasonable justification, an exclusive contract 
with a transaction partner; 
2. Purchasing without reasonable justification, the rights necessary 
for the continued business activities of an established Enterprise; 
and 
3. Unreasonable acts other than those of Subparagraphs 1 and 2, 
which that Fair Trade Commission has pronounced as hindering the 
entrance of new competitors. 
(5) "Unreasonable transaction for the purpose of elimination of competition" shall 
mean any of the following: 
1. Where the possibility of eliminating a competitor exists due to 
supplying goods and services at unreasonably low prices or 
purchasing goods and services at unreasonably high prices relative 
to the, normal transaction price; and 
2. Unreasonably transacting with a partner under the condition that 
the partner not transact with a competing Enterprise. 
(6) The Fair Trade Commission may determine and announce the specific types 
9 IP/N/l/KORll 
Page 129 
and criteria of Abusive Acts outlined in Paragraphs (1) through (5). 
Article 6. Solicitation of Price Investigation 
When there is probable cause to suspect a Market-Dominant Enterprise to have 
unfairly fixed, maintained or changed the price of goods or services, the Fair 
Trade Commission may solicit an investigation of the price of goods or services 
from the head of relevant administrative agencies or from public institutions 
engaged in the investigation price indices. 
Article 8. 
Violation Consultation Regarding the Public Announcement of Law 
The Fair Trade Commission may, in demanding a correction advertisement or a 
public announcement of violation under MRFTA, Article 5 (Corrective Measures), 
Article 16 (Corrective Measures), Paragraph 1, Article 21 (Corrective Measures), 
Article 24 (Corrective Measures), Article 27 (Corrective Measures), or Article 31 
(Corrective Measures), require the concerned Enterprise [in the case of MRFTA, 
Article 27 (Corrective Measures), a Business Group (including member 
Enterprises when necessary)] to consult its contents in advance with 
Commission. 
Article 9. Computation of Surcharges 
(1) "Sales, as defined by the Presidential Decree" of MRFTA, Article 6 
(Surcharges), Article 22 (Surcharges), Article 24-2 (Surcharges), Article 28 
(Surcharges), Paragraph (2), Article 31-2 (Surcharges) and Article 34-2 
(Surcharges) shall mean an Enterprise's average sales during the previous three 
years (hereinafter, "Sales Standard for Assessing Surcharges"). However, if 
the firm is less than three years old at the time of the beginning of the concerned 
business year, the sales figure shall be the total amount of sales from the first 
day of business until the last day of the business of the year immediately prior to 
the concerned business year, converted into an annual average. If the firm 
commenced business during the concerned business year, the sales figure shall 
be the total sales from the first day of operation until the violation date, projected 
into an annual average. 
10 IP/N/l/KORll 
Page 130 
(2) Other specifics necessary for the computation of the Sales Standard for 
Assessing Surcharges shall be determined by the Fair Trade Commission. 
Article 9-2. Scope of Enterprises Using Sales Revenue 
"In the case determined by the Presidential Decree" of MRFTA, Article 6 
(Surcharges) shall mean an Enterprise which enters, in its financial statements, 
the total compensation for goods or services as sales revenue. 
Article 10. Cases Where There is No Sales 
"Cases where there is no sales or is difficult to compute, as defined by the 
Presidential Decree" of MRFTA, Article 6 (Surcharges) shall mean any of the 
following cases: 
1. Cases where there are no business records either because 
business was not commenced or was suspended; 
2. Cases where the Enterprise refuses to submit or submits false 
computed sales data; or 
3. Other cases where computation of a sales figure is objectively 
difficult. 
CHAPTER 3 Restrictions on Business Combinations and 
Constraints on the Concentration of Economic Power 
Article 11. Scope of Specially Related Persons 
"Specially Related Persons, as defined by the Presidential Decree" of MRFTA, 
Article 7 (Restrictions on Business Combinations), Paragraph (1) shall mean a 
Person other than a corporation who falls under one of the following categories: 
1. A Person who, in actuality, controls the concerned company; 
2. A Related Person. However, Persons who are distinguished 
11 Article 12. IP/NIlIKORll 
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from Related Persons under Article 3-2 (Exemption from Business 
Groups), Paragraph (1) are excluded; and 
3. Persons entering the Business Group with the joint purpose of 
controlling the business. 
Criteria for Total Assets or Sales 
(1) "Total assets" of MRFTA, Article 7 (Restrictions on Business Combinations), 
Paragraph (1) and Article 12 (Reporting of Business Combinations), Paragraph 
1 shall mean the total assets on the balance sheet as of the final day of the year 
immediately prior to the year of the Business Combination formation. However, 
for financial or insurance companies, between total assets and capital entered in 
the balance sheet as of the last day of the previous year, the larger of the two 
shall be used. 
(2) In applying the provisions of Paragraph (1), if, due to the issuing of new 
shares or bonds during the business year of the Business Combination 
formation, total assets increased, then Total Assets shall mean the sum of the 
total assets entered into the balance sheet as of the last day of the previous year 
and the increased amount. 
(3) "Sales Amount" of MRFTA, Article 7 (Restrictions on Business 
Combinations), Paragraph (1) and Article 12 (Reporting of Business 
Combinations), Paragraph (1) shall mean the sales amount entered into the 
profit-and-Ioss statement of the year immediately prior to the year of the 
Business Group formation. However, for financial or insurance companies, 
"Sales Amount" shall mean the business profits entered into the previous year's 
profit-and-Ioss statement. 
Article 12-2. Criteria for Large-Scale Corporations 
"A corporation of the size determined by the Presidential Decree" of MRFT A, 
Article 7 (Restrictions on Business Combinations), Paragraph 1 shall mean a 
corporation whose total assets or sales exceed two trillion Won. 
Article 12-3. Exemptions from the Scope of Specially Related Persons 
"A Person determined by the Presidential Decree" of MRFTA, Article 7 
12 IP/N/lIKORl1 
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(Restrictions on Business Combinations), Paragraph (1), Subparagraph 5, item 
a, shall mean the Person defined by Article 11 (Scope of Specially Related 
persons), Paragraph (3) of this Decree. 
Article 12-4. 
Revitalization Business Combinations with a Company with No Possibility of 
"Conditions defined by the Presidential Decree" of MRFTA, Article 7 
(Restrictions on Business Combinations), Paragraph (2), Subparagraph 2 shall 
mean cases that meet all of the following criteria: 
Article 15. 
Company 1. Cases where without a Business Combination, the continued 
usage of the company's production facilities in the relevant market is 
difficult; and 
2. Cases where the formation of a Business Combination that is 
less restrictive of competition restrictive than the proposed Business 
Combination is difficult to achieve. 
Reporting the Establishment of or Conversion into a Holding 
(1) A person who wishes to establish or convert into a holding company must, 
under MRFTA, Article 8 (Reporting the Establishment of or Conversion into a 
Holding Company) submit, along with certifying documents, an application 
including the name or title, total assets and liabilities, shareholder status, share 
ownership status, business content, etc, to the Fair Trade Commission within 
each of the following time frames: 
1. When establishing a Holding Company, within thirty days of the 
establishment registration date; 
2. When converting into a Holding Company through a merger with 
another corporation, within thirty days of the merger; and 
3. When converting into a Holding Company through the acquisition 
of shares or an increase in assets, within four months of the 
conclusion of the concerned business year. 
(2) If the Person reporting under Paragraph (1) is also the Entity that controls a 
corporation belonging to a Large-Scale Business Group Subject to Limitations 
13 IP/N/1/KORll 
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on Debt Guarantees, as defined by MRFTA, Article 10-2 (Prohibition of Debt 
Guarantees for Affiliated Corporations), Paragraph (1), or is a Specially Related 
Person of the Entity, an Elimination Record of Debt Guarantees must be 
additionally submitted according to all of the Subparagraphs of MRFTA, Article 
8-3 (Restrictions on the Establishment of Holding Companies by Large-Scale 
Business Groups Subject to Limited Debt Guarantees). 
(3) If there are more than two Persons involved in the reporting of the 
establishment of a Holding Company under Paragraph (1), the report must be 
filed jointly. However, the forgoing does not apply if one of the Persons subject 
to reporting is appointed as the Representative and this Representative files the 
report. 
(4) If during a business year as a Holding Company, a company, due to an event 
such as a decrease in owned shares or an increase in assets, etc., is no longer 
subject to Article 2 (Criteria for Holding Companies), Paragraphs (1) or (2), and 
the company has reported this to the Fair Trade Commission, the company shall 
no longer be considered a Holding Company as of the date of the concerned 
event. 
(5) A corporation filing a report under Paragraph (4) must, following the 
procedures set forth by the Fair Trade Commission, submit to the Fair Trade 
Commission a public-account-audited balance sheet and share ownership 
status as of the date of the event in question. In this case, the Fair Trade 
Commission must notify the inspection results to the filer of the report within 
thirty days of the report. 
Article 15-2, Share Ownership for the Purposes of Control 
"Purposes of Control" of MRFTA, Article 8-2 (Restrictions on Holding Company 
Activities), Paragraph (1), Subparagraph 3 and Paragraph (2) shall mean a 
corporation's owning of shares, either alone or together with a Specially Related 
Person [excluding Persons listed in Decree Article 11 (Scope of Specially 
Related Persons), Subparagraph 3], in order to form, maintain, or strengthen the 
control over another company. However, share ownership by companies with 
investments in the start-up of Small-and-Medium-Enterprises established under 
the Support of Small-and Medium-Enterprise Start-Up Act or by Venture Capital 
Firms established under the Facilities Lease Act shall not be considered as 
being for the purposes of control of another company. 
14 IPINIlIKORl1 
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Article 15-3. Restrictions on Financial Holding Company's Ownership of 
Subsidiary Shares 
"A corporation closely related to financial and insurance businesses and meeting 
the criteria defined in the Presidential Decree" of MRFTA, Article 8-2 
(Restrictions on Holding Company Activities), Paragraph (1), Subparagraph 4 
shall mean a corporation whose primary purpose is one of the following: 
1. Providing services such as information and data management to 
financial or insurance companies; 
2. Management of real estate and other assets owned by financial 
or insurance companies; 
3. Research related to financial or insurance businesses; or 
4. Other activities directly related to the characteristic businesses of 
financial or insurance companies. 
Article 15-4. Restrictions on Ownership of Other Company Shares by 
Subsidiaries of General Holding Companies 
"A corporation closely related to the pertinent subsidiary's business content and 
meeting other criteria defined in the Presidential Decree" of MRFTA, Article 8-2 
(Restrictions on Holding Company Activities), Paragraph (2) shall mean a 
corporation meeting all of the following conditions: 
1. A corporation whose primary purpose is one of the following: 
a. The sale of products produced by a subsidiary; 
b. The providing of maintenance, management, and 
repairing services for products produced by a subsidiary; 
c. The sale or production of products that require as raw 
materials produced by a subsidiary; 
d. The supplying of raw materials needed by a subsidiary; or 
15 Article 15-5. IP/N/IIKORll 
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e. Other businesses directly related to a subsidiary's 
business contents. 
2. A corporation that does not own another company's shares for 
the purposes of control as outlined in Decree Article 15-2 (Share 
Ownership for the Purposes of Control). 
Reporting of Subsidiary Company's Share Ownership Status 
(1) As stipulated in MRFTA, Article 8-2 (Restrictions on Holding Company 
Activities), Paragraph (3), a Holding Company must, as defined by the Fair 
Trade Commission, submit to the Fair Trade Commission, within four months of 
the last day of the relevant business year, a report containing the following 
information: 
1. General information of the Holding Company and its subsidiaries, 
such as name, place, establishment date, business content, and 
names of representative executives, etc.; 
2. Information on the Holding Company's and its subsidiaries' 
shareholders; 
3. Share Ownership Status of the Holding Company and its 
subsidiaries; 
4. Financial information of the Holding Company and its 
subsidiaries, such as paid-in-capital, total capital, total debt, and 
total assets, etc.; and 
5. If the Holding Company owns shares of another company under 
Decree Article 15-4 (Restrictions on Ownership of Other Company 
Shares by Subsidiaries of General Holding Companies), the other 
company's business content, shareholder information, share 
ownership status, and financial status. 
(2) The following documents must be submitted along with the report described 
in Paragraph (1): 
1. The Holding Company's and subsidiaries' financial statements of 
the previous year, such as balance sheets and profit-and-Ioss 
16 IPINIlIKORl1 
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statements, etc. (also a linked financial statement if the corporation 
prepares a linked financial statement under the laws regarding the 
external auditing of joint-stock companies) and the audit report of 
those financial statements by an auditor (limited to corporations 
belonging to Large':'Scale Business Groups and those subject to 
external auditing under the regulations concerning the external 
auditing of joint-stock companies); 
2. Directory of the subsidiaries' shareholders; and 
3. The business report of another company described in Paragraph 
(1), Subparagraph 5. 
(3) In the event that the report and included documents submitted under 
Paragraphs (1) and (2) are insufficient, the Fair Trade Commission may order 
their revision within a set period. 
Article 17. Scope of Large Business Groups and Large Business Groups 
Subject to Limitations on Debt Guarantees 
(1) "A Large Business Group" of MRFTA, Article 9 (Prohibition of Cross-capital 
Investments), Paragraph (1) shall mean those Business Groups whose domestic 
member corporations' combined total assets (in the case of financial or 
insurance companies, use the larger of either the total capital value or the capital 
stock; and in the case of a newly established corporation without a previous 
year's balance sheet, use the paid-in capital as of the designation date) indicated 
on the balance sheet of the year immediately prior to the year of designation as a 
Large Business Group is ranked among 1 through 30. However, in determining 
those Business Groups whose combined total assets is ranked from 1 through 
30, the following Business Groups are excluded from consideration: 
1. Business Groups solely engaged in financial or insurance 
businesses; 
2. Business Groups whose member financial or insurance 
corporation is the same Enterprise, as defined in MRFTA, Article 2 
(Definitions), Subparagraph 1; 
3. Business Groups whose member government-invested institution, 
17 IP/N/l/KORJI 
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as defined by Government-Invested Enterprise Management Act, 
Article 2 (Scope of Application) is the same Enterprise, as defined in 
MRFTA, Article 2 (Definitions), Subparagraph 2; 
4. Business Groups whose member public corporation, as defined 
by the Securities Exchange Act, Article 199 (Restrictions on 
Inducing the Usage of Proxy Voting Rights) is the same Enterprise, 
as defined in MRFTA, Article 2 (Definitions), Subparagraph 2; and 
5. Business Groups, one of whose member has filed a court 
application for corporate reorganization under the Corporate 
Reorganization Act, and this firm's total assets is more than fifty 
percent (50%) of the Business Group's total combined assets; and 
which the Fair Trade Commission deems it unnecessary to apply the 
designation of a Large Business Group. 
(2) <Deleted 99. 3. 31.> 
(3) <Deleted 99. 3. 31 > 
(4) Large Business Groups Subject to Limitations on Debt Guarantees as 
defined by MRFTA, Article 10-2 (Prohibition of Debt Guarantees of Affiliated 
Corporations), Paragraph (1) shall be considered Large Business Groups under 
Paragraph (1) above. 
Article 17-5. 
Guarantees Conditions for Exemption from the Limitations on Debt 
(1) "Guarantees extended to debts of undertaken firms" of MRFTA, Article 10-2 
(Conditions for Exemption from the Limitations on Debt Guarantees), Paragraph 
(1), Subparagraph 1 shall mean anyone of the following cases: 
1. Guarantees by the underwriting corporation or its Affiliates 
extended to the existing or to-be-assumed debt of the firm taken 
over through share transfer or merger; and 
2. Guarantees by Affiliates extended to the debt of the undertaken 
corporation, transferred in installments. 
(2) "Guarantees extended for the enhancement of a corporation's international 
18 IP/N/1/KORl1 
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competitiveness as defined by the Presidential Decree" of MRFTA, Article 10-2 
(Prohibition of Debt Guarantees of Affiliates Corporations), Paragraph (1), 
Subparagraph 3 shall mean anyone of the following cases: 
1. Guarantees of loans extended by the Export-Import bank of 
Korea for the purposes of financing the production of capital and 
other goods and for providing technology under the provisions of 
Export-Import Bank of Korea Act, Article 18 (duties, Paragraph (1), 
subparagraphs 1 and 2; or guarantees of loans extended for the 
same purposes as above by other domestic financial institutions; 
2. Guarantees of execution of bid warranty contracts, advance 
payment returns, reserve payment returns, warranties, and tax 
payments, etc. made by domestic financial institutions in connection 
with overseas building and plant construction, export ship building, 
service exports, and other export of goods validated by the Fair 
Trade Commission; 
3. Guarantees of capital loans from domestic financial companies in 
connection with technological development, such as the 
commercialization of domestically-developed or imported new 
technology, the building of institutions, and procurement of materials 
necessary for research and development; 
4. Guarantees with respect to the purchase of bills by domestic 
financial institutions issued for exports on the condition of 
documents against payment or documents against acceptance or 
with respect to the opening of local letters of credit; 
5. Guarantees of loans made by an overseas branch of a domestic 
financial institution in connection with one of the following 
businesses; and 
a. Direct overseas investment under the Foreign Exchange 
Control Act; 
b. Overseas construction and service business performed 
by overseas construction and service businesses; and 
c. Other overseas businesses approved by the Fair Trade 
19 Article 17-6. Commission. IP/N/1/KORJl 
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6. Guarantees directly related to a third party's acquisition of a 
corporation that has filed a court application for corporate 
reorganization under the Corporation Reorganization Act. 
Scope of Domestic Financial Institutions 
"Other financial institutions defined by the Presidential Decree" of MRFTA, 
Article 10-2 (Prohibition of Debt Guarantees for Affiliated Companies), 
Paragraph (2), Subparagraph 6 shall mean a facilities leasing corporation, as 
defined by the Facilities Lease Act. 
Article 17-7. Conditions for Extension of Deadline for Elimination of Previous 
Debt Guarantees 
"Cases defined by the Presidential Decree" of MRFTA, Article 10-3 (Elimination 
of previous Debt Guarantees), Paragraph (1) shall mean any of the following 
cases: 
Article 18. 1. Cases where the merger, sale, or compensated capital increase 
of the guaranteed firm for the purposes of elimination of previous 
debt guarantees is in progress as of March 31,2000.; 
2. Cases where an application for corporate restructuring under the 
Corporate Reorganization Act, for composition under the 
Composition Act, or for bankruptcy under the Bankruptcy Act has 
already been filed before 2000. 3. 31. and is still pending as of 
March 31, 2000; and 
3. Other cases that apply to Subparagraphs 1 and 2. 
Reporting of Business Combinations 
(1) "Corporations whose total assets or sales (including the total assets or sales 
of affiliates) meets the criteria set forth in the Presidential Decree" of MRFTA, 
Article 12 (Reporting of Business Combinations) shall mean a corporation whose 
total assets or sales is at least 10 billion Won. 
20 IP/N/1IKOR/1 
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(2) A Person who wishes to file a report under MRFTA, Article 12 (Reporting of 
Business Combinations), Paragraph (1) must, according to the conditions set 
forth by the Fair Trade Commission, submit to the Fair Trade Commission, along 
with certification documents, a report that includes the name, sales, total assets, 
business contents of both the corporation subject to reporting and those of its 
counterpart corporation, the nature of the business combination, and the status 
of the relevant market. 
(3) If the report or certification documents submitted under Paragraph (2) is 
insufficient, the Fair Trade Commission may order their revision within a set 
period. In this event, the time spent revising the documents (including the day 
on which the revision order is sent and the day the revised documents arrive at 
the Fair Trade Commission) are not included in the period set forth in MRFTA, 
Article 12 (Reporting of Business Combinations), Paragraphs (5) and (7). 
(4) "Cases where a corporation ends up owning more than twenty percent (20%) 
(fifteen percent (15%) for listed corporations)" of MRFTA, Article 12 (Reporting 
of Business Combinations), Paragraph (1), Subparagraph 1 shall mean cases 
where share ownership increased from below twenty percent (20%) (fifteen 
percent (15%) for listed corporations; same applies below in this Paragraph) to 
above twenty percent (20%). 
(5) "Day of Business Combination" of MRFTA, Article 12 (Reporting of Business 
Combinations), Paragraph (4) shall mean the following days: 
1. When acquiring another firm's stocks, any of the following days: 
a. When transferring the stocks of a joint-stock corporation, 
the date on which the share certificate is delivered. However, if 
the share certificate has not been issued, the day on which the 
purchased shares are paid for, and if, through agreement or 
contract, voting and other rights associated with the shares are in 
actuality transferred before receiving the share certificate or 
paying for those shares, then the day these rights are 
transferred; 
b. When paying for the purchase of a joint-stock company's 
newly-issued shares, the day immediately following the day on 
which the payment is made; or 
21 IP/N/l/KORJ1 
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c. When transferring the shares of a joint-stock company, 
the day on which the transfer becomes effective. 
2. When there is an interlocking directorate, the day on which the 
officers are elected at shareholders' or general member meetings; 
3. In the case of business transfers, the day on which the payment 
for the business transfer is completed. However, if the payment is 
completed after ninety days from the contracting date, then the 90th 
day from the contract; 
4. In the case of a merger with another corporation, the day of 
merger registration; and 
5. When participating in the establishing of a new company, the day 
immediately following the day on which the payment for the 
allocated shares is made. 
(6) If, after a large-scale corporation has filed a report under MRFTA, Article 12 
(Reporting of business Combinations), Paragraph (4), there are important 
changes in the content of the report, the corporation must report the changes by 
either the registration of merger date, transfer of business date, or the 
establishment of the corporation date. 
Article 19. 
Combinations Appointment of a Representative for the Reporting of Business 
(1) A person wishing to be appointed as a Representative under MRFTA, Article 
12 (Reporting of Business Combinations), Paragraph (8), must submit to the Fair 
Trade Commission an application containing the name and total assets or sales 
figures of the corporation. 
(2) In cases where the Fair Trade Commission has, upon application under 
Paragraph (1), designated a Representative, the Commission shall notify the 
concerned Representative. 
Article 20. Reporting of Share Ownership Status 
22 IP/NIlIKORl 1 
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(1) A Person wishing to file a report under MRFTA, Article 13 (Reporting of 
Share Ownership Status), Paragraph (1) must submit to the Fair Trade 
Commission a report containing the information below by April of every year. 
However, in the case of a corporation belonging to a newly-designated Large 
Business Group, the report must be filed within thirty days from the date of 
notification in the relevant year, as outlined in Decree Article 21 (Designation of 
Large Business Groups), Paragraph (2). 
1. A profile of the relevant corporation, such as its name, capital, 
and total assets; 
2. The number of the corporation's shares owned by Affiliated 
Corporations and Specially Related persons; and 
3. <Deleted 98.4. 1.> 
(2) The following documents must be included with the report described in 
Paragraph (1): 
1. Detailed statement of the stocks owned by the concerned 
corporation; 
2. Status report on cross-capital investments with Affiliated 
Corporations; and 
3. Previous year's audit report of the concerned corporation. 
(3) Where, due to the new establishment of a corporation or acquisition of shares, 
there is a change in the member corporations under Paragraph (1), a report on 
the nature of the change must be submitted to the Fair Trade Commission within 
thirty days of the change. 
1. <Deleted 98.4. 1.> 
2. <Deleted 98. 4. 1.> 
3. <Deleted 98.4. 1.> 
Article 20-2. Reporting of Debt Guarantee Status 
23 IP/N/l/KORll 
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(1) A Person filing a report under MRFTA, Article 13 (Reporting of Share 
Ownership Status), Paragraph (2), must submit to the Fair Trade Commission a 
report containing all of the following information by May of each year. However, 
in the case of a corporation belonging to a Business Group newly-designated as 
a Large Business Group must, in the concerned year, submit the report within 
sixty days of notification under Decree Article 21 (Designation of Large Business 
Groups), Paragraph (2). 
1. A profile of the concerned corporation, including name, capital, 
and total assets; and 
2. The concerned corporation's capital, debt guarantee limit, and 
remaining debt guarantee amount. 
(2) The following documents must be submitted along with the report described 
in Paragraph (1): 
1. A detailed statement on the corporation's debt guarantees 
extended to Affiliated Corporations and the nature of change in debt 
guarantees during the previous year; and 
2. A detailed statement on debt guarantees that the corporation 
received from the Affiliated Corporation and the nature of change in 
debt guarantees during the previous year. 
(3) When a domestic financial institution, as defined by MRFTA, Article 10-2 
(Prohibition of New Debt Guarantees for Affiliated Corporations), is ascertaining 
the information in the report submitted to the Fair Trade Commission under 
Paragraph (1) [including the documents described in Paragraph (2)], it must 
follow the procedures set forth by the Fair Trade Commission. 
Article 21. Designation of Large Business Group 
(1) Under the provisions of MRFTA, Article 14 (Designation of Large Business 
Groups), Paragraph (1), the Fair Trade Commission must designate as a Large 
Business Groups those Business Groups meeting the conditions outlined in 
Decree Article 17 (Scope of Large Business Groups and Large Business Groups 
Subject to Limitations on Debt Guarantees) and eliminate those Large Business 
24 IP/N/1/KORll 
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Groups that no longer meet the criteria for Large Business Groups by April 151 of 
every year (by April 151h if necessary). However, should one of the events 
described in Decree Article 17, Paragraph (1), Subparagraph 5 occur, the 
concerned Business Group may be exempted from a Large-Business-Group 
designation at the time of the event. 
(2) When newly designating or exempting business groups from Large Business 
Groups under Paragraph (1), the Fair Trade Commission must provide written 
notification to the member corporations of the concerned Large Business Group 
and to the Person who in actuality controls the business contents of the member 
corporations, as defined by MRFTA, Article 2 (Definitions), Subparagraph 2. 
The same applies in cases of changes to corporations belonging to Large 
Business Groups. 
(3) If there is a change in the corporations belonging to a Large Business Group 
after the designation and notification under Paragraphs (1) and (2), the Fair 
Trade Commission must provide a monthly written notice of the nature of change 
to the concerned corporation and the Person. 
(4) "The date determined by the Presidential Decree" of MRFTA, Article 14-3 
(The Agenda of Incorporation of Affiliated Corporation and Notification Date) 
shall mean any of the following days: 
1. For corporations which, contrary to what should have been, were 
not incorporated as a member of the Large Business Group at the 
time of designation, the date of receiving that Large Business 
Group's designation and notification; or 
2. For corporations which, contrary to what should have been, were 
not incorporated as a member of the Large Business Group after the 
designation, the first of the month immediately following the month in 
which the event that made appropriate the corporation's inclusion 
the Large Business Group occurred. 
(5) The provisions of Paragraphs (1) through (4) are applied to the designation 
and notification of Large Business Groups Subject to Limitations on Debt 
Guarantees, as defined by MRFTA, Article 14 (Designation of Large Business 
Groups), Paragraph (1). In this case, the Large Business Group is regarded as 
a Large Business Group Subject to Limitations on Debt Guarantees. 
25 Article 21-2. Scope of Relevant Institutions IP/N/l/KORl1 
Page 145 
"Institutions designated by the Presidential Decree" of MRFTA, Article 14-4 
(Requesting the Ascertainment of Documents Concerning the Relevant 
Institutions), Subparagraph 4 shall mean those institutions effecting change of 
ownership under the Security Transactions Act; as well as institutions handling 
comprehensive credit information, as defined by the Use and Protection of Credit 
Information Act, Article 2 (Definitions), Subparagraph 5. 
Article 21-3. Type and Criteria for Law Evasions 
(1) Evasive acts prohibited by MRFTA, Article 15 (Prohibition of Evasive Acts), 
Paragraph (1) shall mean any of the following categories of acts: 
1. A large-scale corporation, as defined by MRFTA, Article 7 
(Restrictions on Business Combinations), Paragraph (4), 
Subparagraph 2, engages in any of the following acts through 
means other than Business Combinations, such as taking 
advantage of the corporation's internal structure, thereby 
substantially limiting competition in a Given Area of Trade; 
a. An act as a result of which the market share of the 
concerned corporation falls under one of the following 
categories: 
CD The market share of the corporation meets the criteria for 
a Market-Dominant Enterprise; 
CZ) The market share of the concerned corporation is the 
highest in the Given Area of Trade; or 
CID The difference between the market share of the 
concerned corporation and that of the second leading 
corporation is more than twenty-five percent (25%) of the 
concerned corporation's market share. 
b. An act as a result of which a corporation's market share 
exceeds five percent (5%) in a Given Area of Trade whose two­
thirds of market share is owned by Small-and Medium­
Enterprises as defined by the Framework Act on Small-and 
26 IP/N/IIKOR/l 
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Medium-Enterprises; or 
c. Participating in the production of goods or services in high 
demand. 
2. < deleted '93.3.31 > 
3. An act similar to the acts defined in the Subparagraph 1 that is 
determined and notified by the Fair Trade Commission. 
(2) When a finely-detailed standard is needed for the application of Paragraph 
(1), Subparagraph 1, the Fair Trade Commission shall determine and announce 
those standards. In this case, the Fair Trade Commission must hear the 
opinion of the heads of the relevant institutions in advance. 
Article 23. Scope of Financial or Insurance Businesses 
"The scope of financial and insurance businesses" of MRFTA, Article 8-2 
(Restrictions on Holding Company Activities), Paragraph (1), Subparagraphs 4 
and 5; MRFTA, Article 10-2 (Prohibition of New Debt Guarantees for Affiliated 
Corporations), Paragraph (1); and MRFTA, Article 11 (Restrictions on the Voting 
Rights of Financial or Insurance Companies) shall mean the Korean Standard 
Industrial Classification announced by the head of the Bureau of Statistics under 
Statistics Act, Article 17 (Classification of Statistical Data), Paragraph (1). 
Article 23-2. 
Charges Assessment and Collection of Compulsory Enforcement 
(1) When assessing compulsory enforcement charges under MRFTA, Article 
17-2 (Compulsory Enforcement Charges), the Fair Trade Commission must 
assess charges from the day after the last day of the period set by the corrective 
measure to the day of execution of the corrective measure. In so doing, the 
assessment of compulsory enforcement charges must be made, except under 
special circumstances, within thirty days of the last day of the period set by the 
corrective measure. 
(2) In designating the day of executing the corrective measure as outlined in 
Paragraph (1), the following dates should be applied: if the corrective measure 
27 IP/N/1/KORl1 
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involves the elimination of stocks, the day of share ownership transfer; if the 
corrective measure involves the resignation of an officer, the registration date of 
that fact; and if the corrective measure involves the transfer of business, the date 
of transfer registration of the ownership of the relevant real estate, etc. 
(3) When assessing compulsory enforcement charges against a corporation that, 
despite Paragraph (1) and despite being ordered to perform the same corrective 
measure under MRFTA, Article 16 (Corrective Measures), Paragraph (1), 
Subparagraphs 7 and 8 every quarter or every business year, fails to do so, the 
Fair Trade Commission shall assess compulsory enforcement charges for the 
non-compliance period. In so doing, the assessment of compulsory 
enforcement charges must be made, except under special circumstances, within 
thirty days of confirming whether or not the corrective measure has been 
performed. 
(4) In setting the amount of compulsory enforcement charges, the Fair Trade 
Commission shall take into consideration the reason for non-compliance of the 
corrective measure and the extent of profit acquired as a result of non­
compliance. 
(5) When assessing compulsory enforcement charges, the Fair Trade 
Commission must provide written notification of the details of daily charges (for 
compulsory enforcement charges described in Paragraph (3), the amount 
confirmed for the relevant non-performance period), reason for assessment, 
payment due date and receiving institution; as well as procedures and 
institutions for appeal. 
(6) A person notified under Paragraph (5) must remit the compulsory 
enforcement charges within the period described below. However, if timely 
remittal is rendered impossible by natural disaster or other extraordinary 
circumstances, the charges must be paid within thirty days from the removal of 
those extraordinary circumstances. 
1. For compulsory enforcement charges assessed under Paragraph 
(1), within thirty days of giving notice after the Fair Trade 
Commission has confirmed performance of the corrective measure 
and has determined the total compulsory enforcement charges; or 
2. For compulsory enforcement charges assessed under Paragraph 
(3), within thirty days of the Fair Trade Commission's giving notice. 
28 IP/N/l/KOR/1 
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(7) In collecting the compulsory enforcement charges described in Paragraph (1), 
if the corrective measure continues to go un-executed for ninety days after the 
termination of the set period, the Fair Trade Commission may compute from the 
termination date the charges in ninety-day units and collect charges every ninety 
days. 
(8) The provisions of Decree Article 64 (Demanding Payment) and Article 64-2 
(Delegation of Handling Late Payments) are applied to demanding payment and 
delegation of handling of late payments concerning compulsory enforcement 
charges. 
CHAPTER 4 Restrictions on Improper Concerted Acts 
Article 24. Criteria for Authorization of Concerted Acts 
"Criteria defined by the Presidential Decree" of MRFTA, Article 19 (Restrictions 
on Improper Concerted Acts), Paragraph (2) shall mean those conditions 
stipulated in Decree Articles 24-2 (Criteria for Concerted Acts for the Purposes 
of Industry Rationalization) through 28 (Criteria for Concerted Acts for the 
Purposes of Enhancing the Competitiveness of Small-and Medium-Sized 
Enterprises) . 
Article 24-2. 
Rationalization Criteria for Concerted Acts for the Purpose of Industry 
Authorization of Concerted Acts for the purpose of industrial rationalization 
under MRFTA, Article 19 (Prohibition of Improper Concerted Acts), Paragraph 
(2), Subparagraph 1 is limited to those Concerted Acts which meet all of the 
following conditions: 
1. Th,e effects of the Concerted Acts on technological enhancement, 
quality improvement, cost reduction and efficiency increases are 
clear; 
2. The rationalization of the industry by means other than the 
Concerted Act is difficult; and 
29 Article 24-3. IP/N/l/KORll 
Page 149 
3. The beneficial effects of industrial rationalization are greater than 
the effects of prohibiting restriction of competition. 
Criteria for Concerted Acts for the Purpose of 
Research and Technological Development 
Authorization of Concerted Acts for the purpose of research and technological 
development under MRFTA, Article 19 (Prohibition of Improper Concerted Acts), 
Paragraph (2), Subparagraph 2 is limited to Concerted Acts that meet all of the 
following conditions: 
Article 25. 1. The research and technological development is indispensable to 
the strengthening of industrial competitiveness and its economic 
impact is substantial; 
2. The scale of investment necessary for the research and 
technological development is too large for a single Enterprise; 
3. The collaboration is necessary for the dispersion of risks 
associated with the uncertainties of research and technological 
development results; and 
4. The beneficial effects of research and technological development 
outweigh the effects of prohibiting restriction of competition. 
Criteria for Concerted Acts for the Purpose of Overcoming 
Economic Depression 
Authorization of Concerted Acts for the purpose of overcoming economic 
depression under MRFTA, Article 19 (Prohibition of Improper Concerted Acts), 
Paragraph (2), Subparagraph 3 is limited to Concerted Acts that meet all of the 
following conditions: 
1. There has been a long-term continual decline in the demand for a 
particular good or service, along with a large oversupply, and the 
situation is clearly likely to continue; 
2. The price of a particular good or service has persistently fallen 
30 IP/N/lIKORll 
Page 150 
short of their average production cost; 
3. There is a substantial possibility that a considerable number of 
companies in a Given Area of Trade will be unable to continue their 
business; and 
4. The circumstances in Subparagraphs 1 through 3 cannot be 
overcome through rationalization of Enterprises alone. 
Article 26. 
Restructuring Criteria for Concerted Acts for the Purpose of Industrial 
Authorization of Concerted Acts for the purpose of industrial restructuring of 
MRFTA, Article 19 (Prohibition of Improper Concerted Acts), Paragraph (2), 
Subparagraph 4 is limited to Concerted Acts that meet all of the following 
conditions: 
1. There is a marked supply-side excess capacity in a particular 
industry due to a change in the domestic or overseas economic 
environment, or due to the degeneration of production facilities and 
methods, the productivity or international competitiveness has 
substantially decreased; 
2. The situation described in Paragraph (1) cannot be overcome 
through rationalization of Enterprises alone; and 
3. The benefits of industrial restructuring are greater than the effects 
of prohibiting restriction of competition. 
Article 27. 
Terms of Trade Criteria for Concerted Acts for the Purpose of Rationalization of 
Authorization of Goncerted Acts for the purpose of rationalization of terms of 
trade of MRFTA, Article 19 (Prohibition of Improper Concerted Acts), Paragraph 
(2), subparagraph 5 is limited to Concerted Acts that meet all of the following 
conditions: 
1. The Concerted Act, by rationalizing the terms of trade, 
31 IPINIlIKORlI 
Page 151 
significantly contributes to an increase in productivity, facility of 
transaction, and consumer welfare; 
2. The nature of rationalization of the terms of trade is 
technologically and economically viable for most Enterprises in the 
Given Area of Trade; and 
3. The benefits of rationalization of terms of trade are greater than 
the effects of prohibiting restriction of competition. 
Article 28. Criteria for Concerted Acts for the Purpose of Enhancing the 
Competitiveness of Small-and-Medium-Sized Enterprises 
Authorization of Concerted Acts for the purpose of enhancing the 
competitiveness of small-and-medium-sized enterprises under MRFTA, Article 
19 (Prohibition of Improper Concerted Acts), Paragraph (2), Subparagraph 6 is 
limited to Concerted Acts that meet all of the following conditions: 
Article 29. 1. The Concerted Act has a significantly positive effect on the 
productivity of small-and-medium-sized enterprises, such as quality 
and technological improvement or on the strengthening of their 
bargaining power with respect to terms of trade; 
2. All of the participating Enterprises are small-and-medium-sized 
enterprises; and 
3. There is no means other than the Concerted Act to compete 
effectively with a large-scale corporation. 
Limits on Authorization of Concerted Acts 
Notwithstanding Decree Articles 24-2 (Criteria for Concerted Acts for the 
Purposes of Industry Rationalization) through 28 (Criteria for Concerted Acts for 
the Purposes of Enhancing the Competitiveness of Small-and-Medium-Sized 
Enterprises), the Fair Trade Commission shall not grant authorization to 
Concerted Acts that fall into anyone of the following categories: 
1. The Concerted Act exceeds the extent necessary for the 
32 IPINIlIKORl 1 
Page 152 
Article 30. achievement of its purpose; 
2. There is a substantial possibility of unreasonably compromising 
the interests of consumers and other related Enterprises; 
3. The nature of the Concerted Act unreasonably discriminates 
against participating Enterprises; or 
4. Participation in or withdrawal from the Concerted Act is 
unreasonably restricted. 
Procedures for Authorization of Concerted Acts 
(1) A Person who wishes to obtain the authorization of the Fair Trade 
Commission under MRFTA, Article 19 (Prohibition of Improper Concerted Acts), 
Paragraph (2) must submit to the Fair Trade Commission an application 
containing all of the following information: 
1. Number of participating Enterprises; 
2. Names of the participating Enterprises and their office locations; 
3. Addresses and names of representative directors and officers; 
4. Reasons for and nature of the Concerted Act; 
5. Proposed duration of the Concerted Act; and 
6. Business content of the participating Enterprises. 
(2) The following documents must be included with the application described in 
Paragraph (1): 
1. The past two years' business reports, balance sheets, and profit­
and-loss statements of the participating Enterprises; 
2. A copy of the agreement or resolution statement of the Concerted 
Act; 
33 IP/N/IIKORlI 
Page 153 
3. Documents verifying the satisfaction of criteria for authorization; 
and 
4. Documents verifying the satisfaction of the provisions of Decree 
Article 29 (Limits on Authorization of Concerted Acts). 
(3) If, upon application under Paragraph (1), the Fair Trade Commission grants 
authorization, it shall deliver a certificate of authorization to the applicant. 
(4) If a Person, who has been granted authorization, wishes to modify its details, 
s/he must submit to the Fair Trade Commission an application for change 
containing those documents of Paragraphs (1) and (2) that are relevant to the 
modified particulars along with the certification of authorization. 
(5) When the Fair Trade Commission receives an authorization application 
under MRFTA, Article 19 (Prohibition of Improper Concerted Acts), Paragraph 
(2), it shall reach a decision within thirty days [when making a public notification 
as outlined in Decree Article 31 (Public Notification of the Contents of Application 
for Authorization of Concerted Acts), Paragraph (3), thirty days in addition to the 
public notification period] of that application. However, when deemed 
necessary, the Fair Trade Commission may extend that period for up to thirty 
days. 
Article 31. Public Notification of the Contents of Application for 
Authorization of Concerted Acts 
(1) When deemed necessary, the Fair Trade Commission may publicly 
announce the contents of an application for authorization of concerted acts 
submitted under MRFTA, Article 19 (Prohibition of Improper Concerted Acts), 
Paragraph (2) and hear the opinions of interested parties. The same shall 
apply to cases of authorization modification. 
(2) When publicly announcing the contents of applications for authorization of 
concerted acts or applications for modification of some details, the following 
information must be included in the announcement: 
1. Name and address of applicant Enterprise; 
2. Nature of the Concerted Act; 
34 IPlNlllKORll 
Page 154 
3. Reasons for the Concerted Act; 
4. Proposed time period of the Concerted Act; and 
5. In the case of application for modification, reason and nature of 
change. 
(3) The duration of the public announcement under Paragraph (1) shall not 
exceed thirty days. 
(4) An interested party with an opinion concerning the contents of the public 
announcement described in Paragraph (2) may, within the duration of the public 
announcement period, submit to the Fair Trade Commission an opinion 
statement containing the following information: 
1. Name and address of the Person stating the opinion; 
2. The opinion and the reasons for its submission; and 
3. Other materials necessary for stating the opinion. 
Article 32. Discontinuance of Authorized Concerted Acts 
If a Person, who has received an authorization for a Concerted Act under 
MRFTA, Article 19 (Prohibition of Improper Concerted Acts), Paragraph (2), 
discontinues the authorized Concerted Act, the person must, without delay, 
report it to the Fair Trade Commission. 
Article 35. 
Declarers Mitigation of or Exemption from Punishment for Voluntary 
Mitigation of or . exemption from punishment for voluntary declarers' under 
MRFTA, Article 22-2 (Immunity to Voluntary Declarers), Paragraph (2) is limited 
to cases that meet all of the following conditions: 
1. Declaration is made when the Fair Trade Commission either has 
no knowledge of the Improper Concerted Act or, despite knowledge, 
35 lacks evidence; IP/N/IIKORll 
Page 155 
2. The declarer is the first of the group engaged in the Improper 
Concerted Act to declare the act, provides evidence necessary to 
prove its illegality, and continues to cooperate until the completion of 
the investigation; and 
3. The declarer neither played a leading role nor urged other 
Enterprises to participate in the Improper Concerted Act. 
CHAPTER 5 Prohibition of Unfair Business Practices 
Article 36. Designation of Unfair Business Practices 
(1) The types of and criteria for Unfair Business Practices of MRFTA, Article 23 
(Prohibition of Unfair Business Practices), Paragraph (2) are as listed in 
Appendix 1. 
(2) When deemed necessary, the Fair Trade Commission may establish and 
publicly announce detailed standards of types of and criteria for Unfair Business 
Practices of Paragraph (1) for the purposes of its application to a particular area 
or act. In this case, the Fair Trade Commission must hear the opinions of the 
heads of relevant administrative agencies in advance. 
Article 37. Fair Competition Code 
When the Fair Trade Commission has received a request for the examination of 
the Fair Competition Code under MRFTA, Article 23 (Prohibition of Unfair 
Business Practices), Paragraph (5), the Commission must notify the requester of 
the examination results within sixty days of the request. 
CHAPTER 6 Trade Associations 
36 IP/N/l/KORll 
Page 156 
Article 39. 
Article 40. 
Competition < Deleted> 
Authorization of Trade Association Acts Restraining 
(1) A Trade Association that wishes to, under MRFTA, Article 26 (Prohibited 
Activities of Trade Associations), Paragraph (2) to obtain approval for a 
competition-restraining act as defined by MRFTA, Article 26 (Prohibited 
Activities of Trade Associations), Paragraph (1), Subparagraph 1, must submit to 
the Fair Trade Commission an application containing the following information, 
along with documents proving the necessity of the competition-restraining act. 
1. The reasons for and nature of the competition-restraining act; 
and 
2. Standard for and scope of participating Enterprises. 
(2) The provisions of Decree Articles 24-2 (Criteria for Concerted Acts for the 
Purpose of Industry Rationalization) through Article 29 (Limits on Authorization 
of Concerted Acts), Article 30 (Procedures for Authorization of Concerted Acts), 
Paragraphs (3), (4), and (5), Article 31 (Public Notification of the Contents of 
Application for Authorization of Concerted Acts), and Article 32 (Discontinuance 
of an Authorized Concerted Act) shall apply to the authorization of competition­
restraining acts. 
Article 41. < Deleted> 
Article 42. < Deleted> 
CHAPTER 7 Restrictions on Resale Price Maintenance 
Article 43. publications Eligible for Resale Price Maintenance 
"Publications determined by the Presidential Decree" of MRFTA, Article 29 
(Restrictions on Resale Price maintenance), Paragraph (2) shall mean those 
publications defined in the Copyright Act, Article 2 (Definitions), which, after 
37 IP/N/l/KORll 
Page 157 
consultation with the head of the relevant central administrative agency, were 
designated by the Fair Trade Commission (including electronic publications). 
Article 44. 
Maintenance Procedures for Designating Products Eligible for Resale Price 
(1) An Enterprise wishing to receive designation of eligibility for Resale Price 
Maintenance under MRFTA, Article 29 (Restrictions on Resale Price 
Maintenance), Paragraph (3) must submit to the Fair Trade Commission an 
application containing the following information: 
1. Nature of business; 
2. Business report of the previous year; 
3. Nature of the product in question; 
4. The distribution channel of the concerned product and previous 
year's trends in sales price of each distribution level; 
5. Organization of the sellers of the product; and 
6. Reasons for application for designation of eligibility. 
(2) The following documents must be included with the application described in 
Paragraph (1): 
Article 45. 
Article 46. 1. Documents verifying that the Resale Price Maintenance of the 
product in question does not unfairly harm general consumer 
interests; and 
2. Documents verifying the satisfaction of all of the conditions 
outlined in the Subparagraphs of MRFTA, Article 29 (Restrictions on 
Resal,e Price Maintenance), Paragraph (2). 
< Deleted> 
< Deleted> 
38 IPINIlIKORl1 
Page 158 
Article 46-2. < Deleted> 
CHAPTER 8 Restrictions on Concluding of International 
Contracts 
Article 47. Types of International Contracts 
"International agreements or contracts as defined by the Presidential Decree" of 
MRFTA, Article 32 (Restrictions on the Conclusion of Unreasonable International 
Agreements), Paragraph (1) shall mean any of the following categories of 
international agreements or contracts (hereinafter, "International Contracts"). 
1. Industrial Property Rights Introduction Contracts; 
A contract introducing the licensing or usage rights of industrial 
property rights such as patents, utility models, design patents, and 
trademarks. 
2. Copyright Introduction Contracts; 
A contract introducing the copyrights of books, audio, audio-visual, 
or computer programs. 
3. Know-How Introduction Contracts; 
A contract introducing the licensing or usage rights of trade secrets 
and other similar rights concerning technology. 
4. Franchise Introduction Contracts; 
A c08tract introducing the licensing or usage rights of a franchise 
status for the purpose of providing goods and services or for 
supervising the operation of a business by emulating the businesses 
of the main franchise. 
5. Joint Research and Development Agreements; 
39 Article 48. 6. Import Agency Contracts; and IP/N/l/KORl1 
Page 159 
An Import Agency Contract with the purpose of continued 
importation of the product or providing of the service (excluding the 
business of issuing bill of sale) whose term is longer than one year. 
7. Joint venture Investment Contracts. 
Request for Review of International Contracts 
(1) A Person intending to enter into an International Contract and wishes to 
request a review of its contents under MRFTA, Article 33 (Request for Review of 
International Contracts) shall submit to the Fair Trade Commission an official 
application determined and publicly announced by the Commission. 
(2) A Person who has already concluded an International Contract AND wishes 
to request a review of its contents under MRFTA, Article 33 (Request for Review 
of International Contracts) shall submit to the Fair Trade Commission an official 
application determined and publicly announced by the Commission, along with a 
copy of the contract (including a translation) within sixty days of the conclusion of 
the contract. The same shall apply to modification and revision of a contract. 
(3) When the Fair Trade Commission receives a request for review under 
Paragraphs (1) and (2), it shall, except when there is a reasonable justification, 
provide a written notification to the requester within twenty days of the request. 
(4) A requester who receives notification from the Fair Trade Commission that 
the contents of the reviewed contract are in violation of MRFTA, Article 32 
(Restrictions on Unreasonable International Contracts) may revise the relevant 
contract clauses and request a re-review within sixty days of the notification. 
CHAPTER 9 Operation of the Fair Trade Commission 
Article 49. Composition of the Subcommittee 
40 IP/N/l/KORl1 
Page 160 
(1) As stipulated in MRFTA, Article 37-2 (Classification of the Committees), there 
shall be less than five subcommittees in the Fair Trade Commission. 
(2) The chairman of the Fair Trade Commission (hereinafter, "Chairman") may 
designate the members of each subcommittee and, when necessary, change 
the member composition. 
(3) The Chairman may, when a member of a subcommittee has reasons for 
exclusion, challenge, or abstention from a certain case under MRFTA, Article 44 
(Exclusion, Challenge, or Abstention of Commissioners), order the case to be 
deliberated by another subcommittee, or appoint a member of another 
subcommittee to the subcommittee in question for the purposes of the 
deliberating the concerned case. 
Article 50. Affairs of Each Subcommittee 
The Chairman shall designate the affairs of each subcommittee, and when 
necessary, change the allocation of each committee's responsibilities. 
Article 51. Challenge and Abstention of Commissioners 
(1) A commissioner who wishes to apply for challenge under MRFTA, Article 44 
(Exclusion, Challenge and Abstention of Commissioners), Paragraph (2) must 
submit to the Chairman an application detailing its reasons. 
(2) The reasons for challenge shall be made in a written statement of 
presumptive proof within three days of submitting the application for challenge. 
(3) A commissioner who has received an application for challenge must, without 
delay, submit to the Chairman a written opinion regarding the application. 
(4) A commissioner who wishes to abstain under MRFTA, Article 44 (Exclusion, 
Challenge and Abstention of Commissioners), Paragraph (3) must obtain the 
permission of the Chairman. 
Article 52. Establishment of Local Administrative Bodies 
41 IPINIlIKORl1 
Page 161 
The Fair Trade Commission may, as separately defined by the Presidential 
Decree, establish local administrative bodies for the purposes of carrying out 
local fair trade responsibilities. 
Article 53. Allowance for Commissioners 
Allowances and other necessary expenses may, within the limits of the budget, 
be paid to non-standing Commissioners of the Fair Trade Commission. 
CHAPTER 10 Procedures for Investigation 
Article 54. procedures for Reporting Violations 
A person who wishes to file a report under MRFTA, Article 49 (Identification and 
Reporting of Violations), Paragraph (2) must submit to the Fair Trade 
Commission a written statement containing the following information. However, 
if the reported matter necessarily or unavoidably demands immediate attention, 
the report may be filed by telephone or in person. 
Article 55. 1. Name and address of reporter; 
2. Address, name of representative, and nature of business of the 
reported person; 
3. Nature of the violation of the reported person; and 
4. Other matters that may clarify the nature of the violation. 
Investigation by the Fair Trade Commission 
(1) When the Fair Trade Commission wishes to summon and hear the opinions 
of concerned parties under MRFTA, Article 50 (Investigation of Violation and 
Hearing of Opinions), Paragraph (1), Subparagraph 1, it must issue a summon 
describing the name of the case, name of other party, and the date, time, and 
place of hearing. 
42 IP/N/1IKORl1 
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(2) The designation of an expert witness under MRFTA, Article 50 (Investigation 
of Violation and Hearing of Opinions), Paragraph (1), Subparagraph 2 must be 
made in a written statement outlining the name of the case, name of the expert 
witness, time period of the testimony, and the purpose and nature of the 
testimony. 
(3) The ordering of the submission of reports on cost and business conditions 
and other necessary materials under MRFTA, Article 50 (Investigation of 
Violation and Hearing of Opinions), Paragraph (1), Subparagraph 3 must be 
made in a written statement outlining the name of the case, submission date, 
and the names of the reports and documents to be submitted. However, the 
request may be made in person to Persons who were summoned to a Fair Trade 
Commission hearing. 
Article 56. Investigation of Member Public Officials 
(1) "Designated place" of MRFTA, Article 50 (Investigation of Violation and 
Hearing of Opinions), Paragraph 2 shall mean the office or place of business of 
an Enterprise or a Trade Association and that place stipulated in the summon 
issued by the Fair Trade Commission. 
(2) The submission order of documents or materials or their detainment under 
MRFTA, Article 50 (Investigation of Violation and Hearing of Opinions), 
Paragraph (3) is limited to cases where there is the possibility of destruction of 
evidence. 
Article 57. Payment of Expenses 
When the Fair Trade Commission hears the opinions of interested parties or of 
witnesses under MRFTA, Article 50 (Investigation of Violation and Hearing of 
Opinions), Paragraph (1), Subparagraph 1; or when it commissions an expert 
witness under MRFTA, Article 50 (Investigation of Violation and Hearing of 
Opinions), Paragraph (1), Subparagraph 2 may pay the expenses of relevant 
parties within the limits of the budget. However, the foregoing does not apply 
when hearing the opinions of interested parties or witnesses at their respective 
offices or place of business. 
43 Article 58. Procedures of Recommendations for Correction IP/N/1/KORll 
Page 163 
Recommendations for Correction under MRFTA, Article 51 (Recommendation 
for Correction of Violation), Paragraph (1) must be made in a written statement 
containing the following information: 
1. Nature of the law violation; 
2. Recommendation; 
3. Time period of correction; 
4. Deadline for notification of acceptance of recommendation; and 
5. Measures upon rejection of recommendation. 
Article 59. Procedures for Filing an Appeal and Processing Period 
(1) A Person who wishes to file an appeal under MRFTA, Article 53 (Appeal), 
Paragraph (1) must submit to the Fair Trade Commission and application stating 
the subject and nature of appeal and reasons for appeal, along with documents 
necessary for the verification of the reasons or nature of the appeal. 
(2) If the application and related documents submitted under Paragraph (1) are 
insufficient, the Fair Trade Commission may order their revision. In this case, 
the time spent on revision (including the day the order of revision is mailed and 
the day the revised documents arrive at the Fair Trade Commission) shall not be 
included in the duration described in MRFTA, Article 53 (Appeal), Paragraph (2). 
(3) "Unavoidable Circumstances" of MRFTA, Article 53 (Appeal), Paragraph (2) 
shall mean any of the following cases: 
1. When additional economic analyses concerning the scope, 
structure, share, and export/import trends of a market are needed in 
order to determine whether a disposition is illegal or unreasonable; 
2. When a highly accurate legal analyses and review are needed in 
order to determine whether a disposition is illegal or unreasonable; 
44 IPINIlIKORl1 
Page 164 
Article 60. 3. When, in the course of reviewing an appeal, additional arguments 
or materials are submitted, resulting in a long-term investigation; 
4. When the immediate or interested parties are uncooperative such 
as exercising the right to remain silent or fail to submit materials in a 
timely manner; and 
5. Circumstances similar to Subparagraphs (1) through (4) 
rendering the extension of the period unavoidable. 
Suspension of Execution of Corrective Order 
A Person who wishes to apply for suspension of execution of a corrective order 
or to apply for nullification of the decision to suspend execution under MRFTA, 
Article 53-2 (Suspension of Execution of Corrective Order) must submit to the 
Fair Trade Commission an application stating its purpose and reasons, along 
with documents necessary for the minimal verification of the reasons and 
contents of the application. 
CHAPTER 11 Imposition and Collection of Surcharge 
Article 61. Standard of Surcharge Imposition 
(1) Standards of surcharge imposition under MRFTA, Article 6 (Surcharges), 
Article 17 (Surcharges), Article 22 (Surcharges), Article 24-2 (Surcharges), 
Article 28 (Surcharges), Article 31-2 (Surcharges) and Article 34-2 (Surcharges) 
are listed by type in Appendix 2. 
(2) The surcharge amount assessed in accordance with Paragraph (1) may be 
made heavier or lighter after taking into consideration of the items in the 
Subparagraphs of MRFTA, Article 55-3 (Imposition of Surcharges), Paragraph 
(1 ). 
(3) The Fair Trade Commission shall determine and publicly announce detailed 
imposition standards other than those stipulated in this decree for the imposition 
of surcharges. 
45 Article 61-2. Collection of Surcharges and Additional Fines IPINIlIKORJI 
Page 165 
(1) The Fair Trade Commission, when intending under MRFTA, Article 55-3 
(Imposition of Surcharges), Paragraph (1) to impose surcharges, must make a 
written notification thereof clearly stating the type of violation and amount of 
surcharge. 
(2) A party who has received a notification under Paragraph (1) must remit the 
surcharges to the remittal institution designated by the Fair Trade Commission 
within sixty days of the notice. However, when unable to pay the surcharges 
due to natural disaster or other unavoidable extraordinary circumstances, the 
amount must be paid within thirty days of the removal of those circumstances. 
(3) Additional payments outlined in MRFTA, Article 55-5 (Collection of 
Surcharges and Handling of Late Payments), Paragraph (1) shall be assessed 
on the surcharges in arrears, using the official rate decided and announced by 
the Fair Trade Commission in consideration of the loan interest rates of financial 
institutions. 
Article 62. 
Period Criteria for and Limits of Approval for Extension of Payment 
and of Payment by Installments 
(1) "Standards determined by the Presidential Decree" of MRFTA, Article 55-4 
(Extension of Surcharge Payment Period and Payment in Installments), 
Paragraph (1) shall mean one percent (1 %) of the sales, as defined by Decree 
Article 9 (Computation Method for Surcharges) or ten million Won. 
(2) Extension of payment period under MRFTA, Article 55-4 (Extension of 
Surcharge Payment Period and Payment in Installments), Paragraph (1) shall 
not exceed one year from the day immediately following the original payment 
period. 
(3) When paying in installments under MRFTA, Article 55-4 (Extension of 
Surcharge Payment Period and Payment in installments), Paragraph (1), the 
time between installments may not exceed six months, and the number of 
installments must be less than three. 
46 IP/N/1/KORll 
Page 166 
Article 63. 
Installments Application for Extension of Payment Period or Payment by 
Applications for extension of payment period or payment in installments under 
MRFTA, Article 55-4 (Extension of Surcharge Payment Period and Payment in 
Installments), Paragraph (2) must follow the format determined by the Fair Trade 
Commission. 
Article 64. Demanding Payment 
(1) Demanding payment under MRFTA, Article 55-5 (Collection of Surcharges 
and Handling of Late Payments), Paragraph (2) must be made in writing within 
fifteen days of the termination of the original payment period. 
(2) When issuing payment demand notices as outlined in Paragraph (1), the 
payment period of the surcharges in arrears must be set within ten days of the 
issue date. 
Article 64-2. Delegation of Handling of Payments in Arrears 
(1) When delegating the handling of payment in arrears to the head of the 
National Tax Agency under MRFTA, Article 55-5 (Collection of Surcharges and 
Handling of Late Payments), Paragraph (3), the Fair Trade Commission must do 
so in a written statement with the following documents attached: 
1. Decision statement of the Fair Trade Commission; 
2. Resolution statement of revenue collection and invoice; and 
3. Notice of demanding payment. 
(2) When the head of the National Tax Agency has been delegated the 
responsibility of h.andling late payment cases as outlined in Paragraph (1), s/he 
must, within thirty days of the such delegation, give written notification to the Fair 
Trade Commission specifying the following: 
1. If the NTA completed handling the delegated late payment, the 
completion date and other related matters; or 
47 Article 65. IP/N/l/KORJ1 
Page 167 
2. If the Fair Trade Commission makes a request for a progress 
report, a report of the progress shall be enclosed in the written 
notification. 
Assessment of Administrative Fines 
(1) When assessing administrative fines described in MRFTA, Article 69-2 
(Administrative Fines), Paragraphs (1) or (2), the Fair Trade Commission must, 
after investigating and confirming the violation, provide to the Person subject to 
the fines a written invoice clearly stating the violation, method of appeal, duration 
of appeal, and the amount of administrative fines. 
(2) When assessing administrative fines as outlined in Paragraph (1) above, the 
Fair Trade Commission must provide the Person subject to the fines with a time 
period of more than ten days, during which the Person has the opportunity to 
either make an oral statement or submit an opinion statement regarding the 
matter. Should no opinion be submitted within the set period, it shall be 
considered that there are none. 
(3) In determining the amount of administrative fines, the Fair Trade Commission 
shall take into consideration the motives and results of the violation. 
Article 66. Detailed Rules for Execution 
Matters necessary for the execution of this Decree shall be determined and 
announced by the Fair Trade Commission. 
ADDENDUM (April 14, 1990) 
Article 1. Effective Date 
This Decree is effective as of the date of its promulgation. 
Article 2. Interim Measures Regarding Matters in Progress 
48 IPINIlIKORlI 
Page 168 
Matters, which, at the time of the promulgation of the current Decree, were under 
investigation or recommendation for revision by municipal or regional authorities 
under the previous Decree's Articles 34 and 35 shall continue to be governed by 
the provisions of the previous Decree. 
Article 3. Revision of Relevant Decrees 
(1) The following revisions are made to the fair Subcontract Transactions Act: 
In Article 7, Paragraphs (2) and Article 13, "Minister of Economic Planning" 
should read, "Fair Trade Commission," and in Article 12, Paragraphs (1) and (2), 
"To the Minister of Economic Planning" should read, "To the Fair Trade 
Commission." 
(2) The following revisions are made to the Enforcement Decree of Securities 
Exchange Act: 
In Article 3, Paragraph (1), Subparagraph 6, "Enforcement Decree of Monopoly 
Regulation and Fair Trade Act, Article 5, Paragraph (1)" should read, 
"Enforcement Decree of Monopoly Regulation and Fair Trade Act, Article 7, 
Paragraph (1 )." 
(3) The following revisions are made to the Enforcement Decree of Construction 
Technology Management Act: 
In Article 51, paragraph (1), "Enforcement Decree of Monopoly Regulation and 
Fair Trade Act, Article 2, Paragraph (3)" should read, "Enforcement Decree of 
Monopoly Regulation and Fair Trade Act, Article 2, Subparagraph 3." 
(4) The following revisions are made to the Enforcement Decree of Registration 
of Periodicals Act: 
In Article 2, Paragraph (1), "Enforcement Decree of Monopoly Regulation and 
Fair Trade Act, Article 2, Paragraph (2)" should read, "Enforcement Decree of 
Monopoly Regulation and Fair Trade Act, Article 2, Subparagraph 2." 
49 ADDENDUM (February 20,1993) 
Article 1. Effective Date 
This Decree is effective as of April 1, 1993. 
Article 2. Revision of Relevant Decrees IP/N/l/KORJ1 
Page 169 
(1) The following revisions are made to the Enforcement Decree of Broadcasting 
Act: 
In Article 2, Paragraph (2), "Article 17" should read, "Article 17, 
Paragraph (1 )." 
(2) The following revisions are made to the Enforcement Decree of General Wire 
Radio Act: 
In Article 2, paragraph (2), "Article 17" should read, "Article 7, Paragraph 
(1). " 
ADDENDUM (April 1, 1995) 
Article 1. Effective Date 
This Decree is effective as of the date of its promulgation. 
Article 2. 
Exceptional Interim Measures Regarding Investment Identified as 
Investments, which, at the time of the promulgation of the current Decree, had 
already been identified by the Fair Trade Commission as exceptions under the 
provisions of the previous Decree, Article 17-2, Subparagraph 3, shall remain 
governed by the previous Decree. 
50 IP/N/lIKORll 
Page 170 
Article 3. Example of Application 
The revised regulations of Decree Article 17-2, Subparagraph 3 shall only be 
applied to those shares that were acquired or owned after the effective date of 
this Decree. 
ADDENDUM (March 31,1997) 
Article 1. Effective Date 
This Decree is effective as of April 1, 1997. 
Article 2. Example of Application of Matters Related to the Submission of 
Financial Statements or Audit Reports 
The revised provisions of Decree Article 3-2 (Exemption from Business Groups), 
Paragraph (4); Article 17 (Scope of Large Business Groups and Large Business 
Groups Subject to Limits on Debt Guarantees), Paragraph 3; and Article 17-4 
(Criteria for and Certification of a Sound Deconcentrated-Ownership 
Corporation), Paragraph (2) shall be effective as of January 1, 1998. 
Article 3. Interim Measures Regarding Investments for the Purpose of 
Enhancing Industrial International Competitiveness 
The acquisition or ownership of shares, which, at the time of the promulgation of 
the current Decree, had been authorized by the Fair Trade Commission under 
the previous Decree, Article 17-2 (Criteria for Investments for the Purpose of 
Enhancing Industrial International Competitiveness) shall continue to be 
governed by the provisions of the previous Decree. 
Article 4. Interim Measures Regarding Sound Deconcentrated-
Ownership Corporations 
51 IP/N/IIKORll 
Page 171 
Corporations that had already been designated as Sound Deconcentrated­
Ownership Corporations at the time of the promulgation of the current Decree 
shall be considered as having been identified by the Fair Trade Commission as a 
Sound Deconcentrated-Ownership Corporation under the current Decree, Article 
17 -4 (Criteria for and Certification of Sound Deconcentrated-Ownership 
Corporation). However, matters related to the criteria for Sound 
Deconcentrated-Ownership Corporation shall continue to be governed by the 
previous Decree for three years from the effective date of the current Decree. 
Article 5. Revisions of Other Laws 
(1) The following revisions are made to the Enforcement Decree of 
Telecommunications Business Act: 
In Article 4, Paragraph (1), "Monopoly Regulation and Fair Trade Act, Article 3, 
Subparagraphs 1 through 5," shall read, "Monopoly Regulation and Fair Trade 
Act, Article 3, Subparagraph 1, items a through e." 
(2) The following revisions are made to the Enforcement Decree of Housing 
Construction Promotion Act: 
In Article 42-2, Paragraph (3), "Monopoly Regulation and Fair Trade Act, Article 
7, Paragraph (1)" shall read, "Monopoly Regulation and Fair Trade Act, Article 2, 
Subparagraph 3." 
ADDENDUM (April 1, 1998) 
Article 1. Addendum 
This decree shall be effective as of April 1, 1998. However, the revised 
provisions of Decree Articles 17-2 through 17-4 shall be effective as of the date 
of their promulgation. 
ADDENDUM (March 31,1999) 
52 IPINIlIKORl1 
Page 172 
Article 1. Effective Date 
This decree shall be effective as of April 1, 1999. 
Article 2. Interim Measures Regarding Publications Eligible for Resale Price 
Maintenance 
Publications, which, at the time the current Decree went into effect, were 
deemed eligible for Resale Price Maintenance shall, until December 31, 2002, 
continue to be governed by the provisions of the previous Decree despite the 
revisions to Decree, Article 43. 
Article 3. Interim Measures Regarding Surcharges in Arrears 
Surcharges that were in arrears at the time the current Decree went into effect, 
shall notwithstanding Article 61-2, Paragraph (3), continue to be governed by the 
provisions of the previous Decree. 
Appendix 1. APPENDICES 
Types of and Criteria for General Unfair Business Practices 
[Refer to Article 36, Paragraph (1)] 
1. Refusal to Transact 
"Unreasonably refusing to transact" of MRFTA, Article 23 (Prohibition of Unfair 
Business Practices), Paragraph (1), Subparagraph 1 shall mean anyone of the 
following: 
a. Collective refusal to transact 
Collectively refusing, together with a competitor, to open a new 
transaction with an Enterprise without reasonable justification; or 
collectively suspending, again without reasonable justification, 
53 IP/N/l/KORl1 
Page 173 
an already existing long-term trade relationship or markedly 
limiting the quantity and quality of goods and services with 
respect to a certain Enterprise. 
b. Other types of refusal to transact 
Unreasonably refusing to open a new transaction with a 
particular Enterprise; or unreasonably suspending an already 
existing long-term trading relationship, or markedly limiting the 
quantity and quality of the goods and services with respect to a 
certain Enterprise. 
2. Discriminatory Treatment 
"Unreasonably discriminating against transacting partners" of MRFTA, 
Article 23 (Prohibition of Unfair Business Practices), Paragraph (1), 
Subparagraph 1 shall mean anyone of the following: 
a. Price discrimination 
Unreasonably trading at markedly advantageous or 
disadvantageous prices depending on transaction locale or 
transaction partner. 
b. Discrimination in terms of trade 
Unreasonably transacting with a particular Enterprise on 
markedly advantageous or disadvantageous terms and 
conditions of trade, such as those concerning quantity and 
quality. 
c. Discrimination in favor of Affiliated Corporations 
Manipulating, without reasonable justification, the terms or 
co,nditions of trade, such as price, quantity, and quality, so that 
they are markedly advantageous or disadvantageous for the 
purposes of benefiting one's own Affiliated Corporations. 
d. Collective discrimination 
54 IP/N/1/KOR/1 
Page 174 
Collectively and unreasonably discriminating against a particular 
Enterprise to the marked advantage or disadvantage of his/her 
business. 
3. Elimination of Competitors 
"Activities that unreasonably eliminate competitors" of MRFTA, Article 23 
(Prohibition of Unfair Business Practices), Paragraph (1), Subparagraph 2 
shall mean any of the following acts: 
a. Unfair discounts 
Continuing to supply, without reasonable justification, its own 
goods or services at a price markedly lower than the cost or 
supply them at unreasonably lower price, thereby threatening the 
viability of its or an affiliate's competitor. 
b. Unfair purchases at inflated prices 
Purchasing goods or services at a price unreasonably higher 
than the general price level, thereby threatening the viability of its 
or an affiliate's competitor. 
4. Unreasonably luring away of customers 
"Unreasonably inducing a competitor's customers to deal with oneself' of 
MRFTA, Article 23 (Prohibition on Unfair Business Practices), Paragraph (1), 
Subparagraph (3) shall mean any of the following acts: 
a. Luring away customers by promise of unreasonable gains 
Luring away a competitor's customers into trading with itself 
by providing or promising to provide gains that are 
unreasonably high in light of normal business practices. 
b. Luring away customers by fraudulent schemes 
Luring away a competitor's customers into trading with itself 
either by misleading them into believing, through methods 
other than unfair representations or advertisements outlined 
55 IPINIlIKORl1 
Page 175 
in Appendix Subparagraph 9, that the quality or terms of 
trade of its own goods or services is significantly superior to 
or more advantageous than those of the competitors; or 
misleading them into believing that the quality or terms of 
trade of a competitor's goods or services is significantly 
inferior to or less advantageous than its own. 
c. Luring away customers by other unfair means 
Luring away a competitor's customers into trading with itself 
by unfairly interfering with transactions between a competitor 
and its customers, such as by obstructing contract formation 
or inducing non-execution of the contract. 
5. Coercive Transactions 
"Unreasonably coercing a competitor's customer to transact with oneself' of 
MRFTA, Article 23 (Prohibition on Unfair business Practices), Paragraph (1), 
Subparagraph 3 shall mean any of the following acts: 
a. Tie-in sales 
In supplying goods or services, insisting to an unreasonable 
degree in light of normal business practices, on the purchase 
of another good or service from itself or another Enterprise of 
its choosing. 
b. Sales to employees 
Unreasonably insisting upon, to its own or an affiliate's 
officers and employees, the purchase or sales of goods or 
services from its own or affiliate's company. 
c. Other coercive transactions 
Proposing, to a partner, terms of trade that are unfair or 
disadvantageous in light of normal business practices, 
thereby coercing the partner into transacting with itself or an 
Enterprise of its choosing. 
56 IP/NI 1 IKORl 1 
Page 176 
6. Abuse of Dominant Position 
"Unreasonably taking advantage of one's bargaining position in transacting 
with others" of MRFTA, Article 23 (Prohibition of Unfair Business Practices), 
Paragraph (1), Subparagraph 4 shall mean anyone of the following acts: 
a. Forced purchase 
Coercing the transacting partner into purchasing unwanted 
goods or services. 
b. Forced benefits 
Coercing a transacting partner into providing economic 
benefits such as money, goods, or services. 
c. Forced sales objective 
Proposing, to a transacting partner, an objective for the 
goods or services that one provides, and forcing the partner 
to meet this objective. 
d. Offering disadvantages 
Determining or revising terms of trade against the interests of 
a transacting partner by means other than those described in 
items a through c; or gives disadvantages in their execution. 
e. Interference in management 
Interfering in the management of a transacting partner, such 
as by requiring the partner to obtain the approval in the hiring 
or firing its officers and employees or by placing a restriction 
on the partner's production items, scale of business, 
production quantity, or nature of trading. 
7. Transactions based on restrictive conditions 
"Transacting with others on terms and conditions that unreasonably restrict 
the business activities of other enterprises" of MRFTA, Article 23 (Prohibition 
57 IP/N/l/KORJl 
Page 177 
on Unfair Business Practices), Paragraph (1), Subparagraph 5 shall mean 
any of the following acts: 
a. Transacting on exclusionary terms 
Transacting with a partner on the condition that the partner 
not trade with its or its affiliate's competitors. 
b. Restricting the transacting area or partners 
Transacting with a partner on terms that unreasonably 
restrict the transacting area or other partners. 
8. Interference in business activities 
"Transacting with others on terms and conditions which unreasonably 
disrupt business activities of other enterprises" of MRFTA, Article 23 
(Prohibition of Unfair Business Practices), Paragraph (1), Subparagraph 5 
shall mean any of the following acts: 
a. Unfair use of technology 
Interfering with another Enterprise's business activities, 
through the unfair use of their technology, to the degree of 
seriously hampering the other Enterprise's business. 
b. Unfair luring away and employment of human capital 
Interfering with another Enterprise's business activities, 
through the unfair luring away and employment of the other 
Enterprise's human capital, to the degree of seriously 
hampering the other Enterprise's business. 
c. Interference in partner change 
Interfering with another Enterprise's business activities, 
through the unfair interference in the Enterprise's partner 
change, to the degree of seriously hampering the other 
Enterprise's business. 
58 IPINIlIKORJ1 
Page 178 
d. Other interference in business activities 
Interfering with another Enterprise's business activities, 
through means other than items a through c, to the degree of 
seriously hampering the other Enterprise's business. 
9. Wrongful representations and advertisements 
"Using false, deceptive, or misleading representations or advertisements 
(including the use of brand names) about the Enterprise or its goods and 
services" of MRFTA, Article 23 (Prohibition on Unfair Business Practices), 
Paragraph (1), Subparagraph 6 shall mean any of the following categories of 
representations or advertisements of the size, history, production facilities of 
the Enterprise; or the price, quantity, ingredients, components, quality, size, 
content, origin, manufacturer, method of manufacture, effect, or other nature 
or trade terms of goods and services of that Enterprise that may potentially 
mislead consumers: 
a. False or exaggerated representations or advertisements 
Falsely or exaggeratedly representing or advertising oneself 
or one's competitor. 
b. Deceptive representations or advertisements 
Representing or advertising in a way that conceals the truth or 
is deceptive, resulting in the deception of or possibility of 
deceiving consumers. 
c. Unreasonable comparisons in representations or 
advertisements 
Claiming, without objective proof, the superiority or advantage 
of one's products over that of a competitor's, or highlighting 
only those parts that are favorable in comparing one's 
products with that of a competitor's. 
d. Slanderous representations or advertisements 
Making, without objective proof, slanderous statements about 
a competitor, or highlighting only those parts that are 
unfavorable to the competitor in its representations or 
59 advertisements. 
10. Unreasonable assistance in funds, assets, and manpower IPINIlIKORl1 
Page 179 
"Unreasonably providing Specially-Related Persons or other corporations 
with temporary payments, loans, human capital, real estate, securities, or 
intangible property rights, etc, or aid Specially-Related Persons or other 
corporations by trading at conspicuously favorable terms" of MRFT A, Article 
23 (Prohibition of Unfair Business Practices), Paragraph (1), Subparagraph 
7 shall mean any of the following acts: 
a. Unreasonable financial support 
Unreasonably granting excessive economic benefits by 
providing temporary payments, loans, or other funds at 
markedly low cost or in markedly high amounts, thereby 
supporting a Specially-Related Person or another Enterprise. 
b. Unreasonable asset support 
Unreasonably granting excessive economic benefits by 
providing real estate, securities, intangible property rights or 
other assets at markedly low cost or in markedly high 
amounts, thereby supporting a Specially-Related Person or 
another Enterprise. 
c. Unreasonable manpower support 
Unreasonably granting excessive economic benefits by 
providing human capital at markedly low cost or in markedly 
high quantities, thereby supporting a Specially-Related 
person or another Enterprise. 
Appendix 2. Standards of Surcharge Imposition by Violation Type 
[Refer to Article 61, Paragraph (1)] 
60 IP/N/IIKORlI 
Page 180 
Violation Related Article Standard of Surcharge Imposition 
1. Abuse 
of Market­
Dominant 
Position MRFTA, Up to the maximum, calculated by applying th 
Article 3-2 appropriate level of imposition ratio to the fiv 
categories of surcharge-imposition-standard 
sales amount, which are Below and including 
billion Won; More than 1 billion Won up to and 
including 10 billion Won; More than 10 billion 
Won up to and including 100 billion Won; Les 
2. MRFTA, 
Restrict Article 8-2, 
ed activities Paragraphs 
of Holding and (2) 
Companies 
3. Cross-MRFTA, 
Capital Article 9 
Investment 
4. New MRFTA, 
debt rticle 10-2 p to he maximum,' calcula ed by applying h 
appropriate level of imposition ratio to the fiv 
(1)levels of the amount defined under MRFTA, 
Article 17, Paragraph (4), all Subparagraphs, 
which are Below and including 1 billion Won 
More than 1 million won up to and including 1 
billion won; More than 10 billion Won up to an 
including 100 billion won; Less than 1 trillion 
ed by applying th 
appropriate level of imposition ratio to the fiv 
levels of acquisition price of the acquired 0 
owned shares in violation of MRFTA, Article 9, 
which are Below and including 1 billion Won 
More than 1 million won up to and including 1 
billion won; More than 10 billion Won up to an 
including 100 billion won; Less than 1 trillion 
guarantees Paragraph (1) ed by applying th 
appropriate level of imposition ratio to the fiv 
levels of debt-guarantee amount in violation 0 
MRFTA, Article 10-1, which are Below an 
including 1 billion Won; More than 1 million wo 
up to and including 10 billion won; More than 
10 billion Won up to and including 100 billio for Affiliated 
Corporations 
61 IP/N/1/KORll 
Page 181 
5. Non- MRFTA, Up to the maximum, calculated by applying th 
elimination of Article 10-3 appropriate level of imposition ratio to the fiv 
existing debt Paragraph (1) levels of non-eliminated debt guarantee amoun 
guarantees in violation of MRFTA, Article 10-3, Paragraph 
(1), which are Below and including 1 billion 
Won; More than 1 million won up to and 
including 10 billion won; More than 10 billion 
6. Improper MRFTA, 
Concerted Article 19 
Acts 
MRFTA, 
7. Unfair Article 23, 
Business Paragraph Won up to and including 100 billion won; Les 
o a i I ion 
(sales of related goods or services during th 
same period) x 5/100. However, if a tende 
contract has been concluded, up to a maximum 
of five percent (5%) of the contract amount; if 
tender contract has not yet been concluded, u . . 
Practices (1), billion Won; More than 1 million won up to and 
(excluding Subparagrap including 10 billion won; More than 10 billio 
unfair support of hs Won up to and including 100 billion won; Les 
subparagraph 8) 1 through 6, than 1 trillion; and More than 1 trillion Won; an 
and 8 when the sales figure is Below and including 1 
billion Won, two percent (2%) of the sales; and 
when the sales figure exceeds 1 billion Won 
the sum of the two percent (2%) of sales piu 
8. Granting MRFTA, ano~ I IW~ ~ !!In,{e s calculable: 
unfair Article 23 
support Paragraph 
(1 ), 
Subparagrap Up to the maximum of that support amount 
(b) When support amount is impossible 0 
difficult to calculate: Up to a maximum 0 
ten percent (10%) of the appropriat . .. 
9. RFTA, Up tie m Xlmum, w IC IS five percent (5%) 
Prohibite Article 26, of the budget of the year that contains th 
d activities Paragraph (1 )termination date of the Trade Association' 
of Trade violation. 
10. MRFTA, Up to the maximum, duration of violation 
Participa Article 28, (Sales of related goods or services during th 
tion in Paragraph (2) same period) x 5/100. 
prohibited 
activities of 
62 IPINIlIKORl1 
Page 182 
11. Resale MRFT A, 
Price Article 29 
Maintenance 
12. MRFTA, 
Conclus Article 32, 
ion of an Paragraph (1) 
unreasonable 
International 
Contract by 
an Enterprise 
13. Conclusion MRFTA, 
of an Article 32, 
unreasonable Paragraph (1) 
contract by 
Trade 
Remarks: Up to the maximum, calculated by classifying 
the surcharge-imposition-standard-sales figur 
into five levels, which are Below and including 
billion Won; More than 1 million won up to and 
including 10 billion won; More than 10 billion 
Won up to and including 100 billion won; Les 
than 1 trillion; and More than 1 trillion Won; and 
when the sales figure is Below and including 1 
billion Won, two percent (2%) of the sales; and 
when the sales figure exceeds 1 billion Won 
the sum of the two percent (2%) of sales piu 
y classifying 
the surcharge-imposition-standard-sales figur 
into five levels, which are Below and including 
billion Won; More than 1 million won up to and 
including 10 billion won; More than 10 billion 
Won up to and including 100 billion won; Les 
than 1 trillion; and More than 1 trillion Won; an 
when the sales figure is Below and including 1 
billion Won, two percent (2%) of the sales; and 
when the sales figure exceeds 1 billion Won 
the sum of the two percent (2%) of sales piu 
percent (5%) 
of the budget of the year that contains th 
termination date of the Trade Association' 
violation. 
1. The level-appropriate surcharge imposition ratio shall be determined and 
announced by the Fair Trade Commission. 
2. "Support amount" of number 8 above shall mean that amount calculated 
according to the standards set forth by the Fair Trade Commission based 
upon the amount that a corporation has acquired by unfairly providing 
temporary payments, loans, manpower, securities, and intangible property 
63 IP/N/IIKORlI 
Page 183 
rights on markedly favorable terms to Specially-Related Persons or to 
another Enterprise. 
3. When a budget has not been set during the year containing the 
termination date of the violation, as described in numbers 9 and 13 above, 
the budget of the previous business year shall be used. 
64 IPINlllKORJl 
Page 184 
ATTACHMENT 5 
CODE OF CIVIL PROCEDURE 
Act No. 547 of 4 April 1960 
last amended by Act No. 5809 of 5. February. 1999 
Entry into force: 5 July 2000 
BOOK I GENERAL RULES ................................................................................... 4 
CHAPTER I COURTS ................................................................................................... 4 
SECTION 1 Jurisdiction ............................................................................................................ 4 
SECTION 2 Exclusion, Challenge and Refrainment of Court Officials ...................................... 12 
CHAPTER 11 PARTIES ............................................................................................... 15 
SECTION 1 Capacity for Being Party and Litigation Capacity .................................................. 15 
SECTION 2 Joint Litigation ..................................................................................................... 19 
SECTION 3 Intervention .................................................................... '" ................................... 20 
SECTION 4 Attorneys .............................................................................................................. 24 
CHAPTER III COST OF SUIT ................................................................................... 27 
SECTION 1 Imposition of Costs of Suit... ................................................................................. 27 
SECTION 2 Security for Costs of Suit. ..................................................................................... 31 
SECTION 3 Aid in Litigation ................................................................................................... 34 
CHAPTER IV LITIGATION PROCEEDINGS ......................................................... 36 
SECTION 1 Pleadings .............................................................................................................. 36 
SECTION 2 Date and Period .................................................................................................... 44 
SECTION 3 Service ................................................................................................................ .46 
SECTION 4 Judgment. ............................................................................................................. 52 
SECTION 5 Interruption and Suspension of Proceedings .......................................................... 60 
BOOK II PROCEEDINGS IN FIRST INSTANCE ............................................... 63 
CHAPTER I INSTITUTION OF SUIT ....................................................................... 63 
CHAPTER 11 PLEADING AND PREPARATION THEREFOR ............................... 69 IP/N/lIKORl1 
Page 185 
CHAPTER III EVIDENCE ......................................................................................... 73 
SECTION 1 General Rules ....................................................................................................... 73 
SECTION 2 Examination of Witness ........................................................................................ 75 
SECTION 3 Expert Testimony .................................................................................................. 82 
SECTION.J. Documentary Evidence ......................................................................................... 8.J. 
SECTION 5 Inspection ............................................................................................................. 89 
SECTION 6 Examination of Parties .......................................................................................... 90 
SECTION 7 Preservation of Evidence ....................................................................................... 92 
CHAPTER IV SETTLEMENT PROCEDURES ........................................................ 94 
BOOK III APPEAL ................................................. .............................................. 96 
CHAPTER I APPEAL ................................................................................................. 96 
CHAPTER 11 FINAL APPEAL ................................................................................. 103 
CHAPTER III APPEAL ............................................................................................ 1 07 
BOOK IV RETRIAL ............................................................................................ 110 
BOOK V DEMANDING PROCEDURE ............................................................. 113 
BOOK VI PROCEDURE FOR PUBLIC SUMMONS ........................................ 116 
BOOK VII COMPULSORY EXECUTION ......................................................... 122 
CHAPTER I GENERAL PROVISIONS ................................................................... 122 
CHAPTER 11 EXECUTION REGARDING MONETARY CLAIM ........................ 142 
SECTION 1 General Provisions ................................................................................................ 142 
SECTION 2 Execution Against Movable Property .................................................................. 147 
SECTION 3 Execution Against Immovables ............................................................. 174 
SECTION 4 Execution Against Vessels, etc ............................................................................ 203 
CHAPTER III EXECUTION IN RESPECT OF CLAIMS OTHER THAN 
MONETARY CLAIM ..................................................................................................... 208 
CHAPTER IV PROVISIONAL ATTACHMENT AND PROVISIONAL 
2 IP/N/1/KORll 
Page 186 
DISPOSITION ................................................................................................................ 211 
CHAPTER V AUCTION FOR EXECUTION, etc. OF SECURITY RIGHT .......... 219 
ADDENDA ............................................................ ................................................... 222 
ADDENDA <sep. 1, 1961> ...................................................................................... 224 
ADDENDA <Dec. 13, 1963> .................................................................................... 225 
ADDENDA <Jan. 13, 1990> .................................................................................... 225 
ADDENDA <Nov. 30, 1991> .................................................................................... 226 
ADDENDA <Dec. 14, 1991> .................................................................................... 227 
ADDENDA <Jun. 11, 1993> .................................................................................... 227 
ADDENDA <JuL 27, 1994> ..................................................................................... 227 
ADDENDA <Dec. 22, 1994> .................................................................................... 227 
ADDENDA <Jan. 5, 1995> ...................................................................................... 228 
ADDENDA <Dec. 6, 1995> ...................................................................................... 228 
3 BOOK I GENERAL RULES 
Article 1 (Principle of Good Faith) IP/N/l/KORJl 
Page 187 
The court shall strive for making judicial proceedings a fair, rapid and economic 
progress, and the parties and interested persons shall cooperate with it 
sincerely according to the principle of good faith. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
CHAPTER I COURTS 
SECTION 1 Jurisdiction 
Article 1-2 (General Forum) 
A suit is subject to the jurisdiction of the court located at the place of general 
forum of the defendant. 
Article 2 (General Forum of Person) 
The general forum of a person shall be determined by his domicile: Provided, 
That if a person has no domicile in the Republic of Korea, or his or her domicile 
is unknown, the general forum shall be the place of his or her residence, and if 
he or she has no place of residence, or the place of his or her residence is 
unknown, it shall be determined by his or her last domicile. <Amended by Law 
No. 4201, Jan. 13, 1990> 
Article 3 (General Forum of Ambassador or Minister) 
If an ambassador or a minister or any other citizen of the Republic of Korea who 
enjoys extraterritQriality abroad has no general forum under Article 2, his or her 
general forum shall be deemed to be the place where the Supreme Court is 
located. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 4 (General Forum of Juristic Person, etc.) 
4 IPIN/1IKORJ1 
Page 188 
(1) The general forum of a juristic person or any other association or foundation 
shall be the place of principal office or principal place of business, or if there is 
no office or place of business, the domicile of the person principally in charge of 
its affairs. 
(2) With regard to the general forum of foreign juristic persons or other 
associations or foundations, the provisions of Paragraph (1) shall apply to the 
offices, places of business, or the domiciles of the persons in charge of the 
affairs thereof in the Republic of Korea. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 5 (General Forum of the State) 
The general forum of the State shall be determined by the seat of the 
governmentl agency which represents the State with regard to the suit or the 
Supreme Court. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 5-2 (Special Forum of Employment Place) 
Any lawsuit against a person who works continuously in an office or business 
place, may be instituted to the court having the jurisdiction over the seat of the 
office or business place. [This Article Newly Inserted by Law No. 4201, Jan. 13, 
1990] 
Article 6 (Special Forum: Place of Residence or Place of Performance) 
Suit with regard to a property right may be brought before the court of the place 
of residence or of place of performance. 
Article 7 (Special Forum for Suit Related to Payment Place of Bills and Checks) 
A suit related to bills and checks may be brought in the court of the place of 
payment of the bills and checks. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 8 (Special Forum for Suit against Ship's Crews and Members of Armed 
Forces or Civilian Employees) 
5 IP/N/1IKORl1 
Page 189 
(1) A suit concerning a property right against a crew may be brought in the court 
located in the place of the registry of the vessel. 
(2) A suit concerning a property right against a member of the armed forces or 
its civilian employee may be brought in the court of the place where an office 
and/or a military installation is located or of the place where the registry of the 
naval vessels are located. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 9 (Special Forum: Location of Property) 
A suit concerning a property right against a person who has no domicile in the 
Republic of Korea, or whose domicile is unknown, may be brought before the 
court located in the place where the subject matter of a claim or the security 
therefor, or any attachable property of the defendant is situated. 
Article 10 (Special Forum: Place of Office or Place of Business) 
A suit against a person maintaining an office or other place of business may, 
insofar as it only concerns the business affairs of such office or place of 
business, be brought before the court of the place where the office or place of 
business is situated. 
Article 11 (Special Forum: Place of Registry of Vessel) 
A suit concerning a vessel or voyage against an owner, or against any other 
person utilizing the vessel, may be brought in the court of the place of the 
registry of the vessel. 
Article 12 (Special Forum: Place Where Vessel is Located) 
A suit based on an obligation against a vessel or any other obligation secured 
on a vessel may be brought in the court of the place where the vessel is located. 
Article 13 (Special Forum for Member of Company) (1) A suit by a company or 
any other association against its member, or of a member against another 
member may, in so far as it is only based on his status as a member of the 
6 IP/N/IIKOR/l 
Page 190 
company or association, be brought before the court of the place where the 
general forum of the company or any other association is located. 
(2) The provisions of Paragraph (1) shall apply mutatis mutandis to suits of 
associations or foundations against their officers, or suit of companies against 
their promoters or inspectors. [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 13. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 14 (Special Forum for Member of Company) 
A suit of a creditor of a company or any other association against its member 
may, in so far as it is only based on his status as a member, be brought in the 
court specified in 
Article 15 (Special Forum for Member of Company) 
The provisions of Articles 13 and 14 shall apply mutatis mutandis to suits of 
companies or any other associations, foundations, or members or creditors of 
associations against persons who were members, officers, promoters or 
inspectors, and to suits of former members against present members. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 16 (Special Forum: Place of Tort) 
(1) A suit regarding a tort may be brought in the court of the place where the act 
was committed. 
(2) A suit for damages due to a collision of vessels or aircraft or any other 
accident may be prought in the court of the place where the damaged vessel or 
aircraft first arrived. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 17 (Special Forum: Place of Salvage) 
A suit relating to salvage may be brought in the court of the place where the 
7 IP/N/l/KORJl 
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salvage was effected or the place where the salvaged vessel first landed. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 18 (Special Forum: Location of Immovables) 
A suit relating to immovables may be brought in the court of the place where the 
immovables are located. 
Article 19 (Special Forum: Place of Registration) 
A suit relating to a registration may be brought in the court of the place where 
the registration office is located. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 20 (Special Forum for Succession, Testamentary Gift, etc.) 
A suit relating to a succession right, or testamentary gift or any other act that is 
to take effect by death, may be brought in the court of the place where the 
general forum of the deceased was situated at the time of the opening of 
succession. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 21 (Special Forum for Succession, Testamentary Gift, etc.) 
A suit relating to a claim against the estate of a deceased, or an incumbrance 
upon such estate, in so far as it does not come within the purview of Article 20, 
may be brought in the court specified in Article 20, only in the case where the 
whole or a part of the estate lies in the jurisdictional district of that court. 
Article 22 (Forum for Co-related Claims) 
(1) In cases where several claims are joined in one suit, such suit may be 
brought in any court having jurisdiction over anyone of such claims in 
accordance with the provisions of Articles 1-2, 2 to 5, 52, 6 to 21. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(2) The provisions of Paragraph (1) shall be applicable in case where the right 
or duty which is the object of the lawsuit, is common to many persons, or such 
8 IPINIlIKORl1 
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persons become parties as common litigants due to the same actual or legal 
cause. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 23 (Computation of Value of Suit) 
(1) In cases where the jurisdiction over a suit is determined by the value of the 
subject matter of such suit in accordance with the provisions of the Court 
Organization Act, such value shall be computed on the basis of the interest 
claimed by the suit. 
(2) In cases where the value referred to in Paragraph (1) cannot be computed, 
such value shall be determined by the Civil Litigation Stamp Act. 
Article 24 (Value of Suit Involving Joinder of Claims) 
(1) In cases where several claims are joined in one suit, their values shall be 
added up. 
(2) In cases where a claim for fruits, compensation for damages, penalty for 
breach of contract, or expenses, is an incidental object of a suit, the value 
hereof shall not be included in the computation of the value of the subject 
matter of the suit. 
Article 25 (Designation of Jurisdiction) 
(1) In the following cases, the immediate superior court common to all the 
courts concerned shall, upon motion of parties or courts concerned, designate 
the jurisdictional court by ruling: 
1. If the court having jurisdiction is legally or actually unable to exercise 
jurisdiction; and 
2. If the jurisdictional district of the courts are not clear. 
(2) No appeal may be made against the ruling mentioned in Paragraph (1). 
Article 26 (Agreement in Jurisdiction) 
9 IP/N/1IKORJ1 
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(1) Parties to a suit may decide the first instance jurisdictional court by 
agreement. 
(2) The agreement referred to in Paragraph (1) shall be valid only if it is made in 
writing with respect to a suit based on a specific legal relation. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 27 (Jurisdiction Created by Defendant's Acquiescence) 
When a defendant pleads as to the merits of a suit or makes statements in the 
preliminary proceedings without making a plea of wrong jurisdiction in the court 
of the first instance, the said court shall have the jurisdiction thereon. 
Article 28 (Exceptions by Exclusive Jurisdiction) 
The provisions of Articles 1-2, 6 to 22, 26 and 27 shall not apply to suits which 
have exclusive jurisdiction. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 29 (Examination by Authority with regard to Jurisdiction) 
With regard to matters relating to jurisdiction, the court may conduct 
examination by its own authority. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 30 (Base Time for Determination of Jurisdiction) 
The jurisdiction of a court shall be determined on the basis of the time when a 
suit is instituted. 
Article 31 (Transfer of Suit for Reason of Wrong Jurisdiction or by Discretion) 
(1) When a court. finds that the whole or a part of a suit does not come under 
its jurisdiction, it shall transfer such suit to the competent court by ruling. 
(2) The single judge of a district court may, if he deems proper, even in case 
where a suit falls under his jurisdiction, transfer the whole or a part of such suit 
to the collegiate department of the same district court, upon his own authority or 
10 IP/N/1IKORl1 
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upon motion of parties, by ruling. 
(3) The collegiate department of a district court may, if it deems proper, even in 
case a suit does not fall under its jurisdiction, try and adjudicate the whole or a 
part of such suit for itself upon its own authority or upon motion of parties. 
(4) The provisions of Paragraphs (2) and (3) shall not apply to such suit which 
has exclusive jurisdiction. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 32 (Transfer of Suit in Order to Avoid Damage or Delay) 
A court may, if it deems necessary to avoid considerable damage or delay in 
regard to a suit over which it has jurisdiction, transfer the whole or part of such 
suit to another competent court upon its own authority or upon motion of parties, 
except in case of a lawsuit which has exclusive jurisdiction. <Amended by Law 
No. 4201, Jan. 13, 1990> 
Article 33 (Emergent Disposition after Ruling for Transfer of Case Has Finally 
Been Decided) Even after a ruling for transfer of a case has become final and 
conclusive, the court may, if any imminent circumstance requiring immediate 
action arises, make a necessary disposition upon its own authority, or upon the 
motion of parties. However, this shall not apply in cases where the record of 
such case has already been transmitted to another court. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 34 (Effect of Decision of Transfer) 
(1) Decision of transfer shall be binding on the court in receipt of the transfer. 
(2) The court to which a case has been transferred shall not transfer the case 
again to another court. 
Article 35 (Immediate Appeal) 
An immediate appeal may be made against a decision of transfer and a 
11 decision by which a motion for transfer has been dismissed. 
Article 36 (Effect of Transfer) IPINIlIKORl1 
Page 195 
(1) When a decision of transfer has become final and conclusive, the suit shall 
be considered to have been pending ab initio in the court to which it has been 
transferred. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In the case as referred to in Paragraph (1), an official of Grade IV, V, VI or 
VII (hereinafter referred to as "court official of Grade V, etc.") of the court which 
has rendered the decision of transfer, shall attach an original of the said 
decision to the record of the case, and forward the same to the court to which 
the transfer has been made. <Amended by Law No. 4201, Jan. 13, 1990> 
SECTION 2 Exclusion, Challenge and Refrainment of Court 
Officials 
Article 37 (Cause of Exclusion) 
A judge shall be excluded from the exercise of his function in the following 
cases: <Amended by Law No. 1499, Dec. 13, 1963, Law No. 4201, Jan. 13, 
1990> 
1. If the judge or his spouse or former spouse is a party to the case or is 
related to a party in the case as a co-creditor, co-debtor or a person bound to 
make a reimbursement; 
2. If the judge has or had the relationship of a relative, family headship or 
family membership with a party; 
3. Where the judge has made an evidence or appraisal on the case; 
4. If the judge is or was attorney for a party in a case; and 
5. If the judge t)as participated in the decision of a previous instance against 
which the appeal has been filed: Provided, That this shall not preclude him from 
exercising his functions as an entrusted judge by the entrustment of another 
court. 
Article 38 (Decision of Exclusion) 
12 IP/N/lIKORJl 
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In cases where there is a cause for exclusion, the court shall give a decision of 
exclusion either upon the motion of parties or upon its own authority. 
Article 39 (Right to Challenge by Parties) 
(1) In cases where there are such circumstances on the part of a judge as may 
prejudice the impartiality of decision, any party may challenge him. 
(2) If a party with the knowledge of a cause for the challenge has pleaded as to 
the merits of the case, or made a statement in the preliminary proceedings, he 
may not challenge the judge. 
Article 40 (Method of Motion for Exclusion of Challenge) 
(1) The motion for exclusion or challenge of a judge who is a constituent 
member of a collegiate court shall be made to the court to which the judge 
belongs, and the motion for exclusion or challenge of a commissioned judge, an 
entrusted judge or a single judge shall be made to the judge against whom the 
motion or challenge is made, by disclosing the cause therefor. 
(2) The cause for the exclusion or challenge and minimal showing of evidence 
thereof shall be presented in writing within three days from the day of the filing 
of the motion. 
Article 41 (Dismissal and Disposition of Motion for Exclusion or Challenge) 
(1) If a motion for exclusion or challenge has been filed in violation of the 
provisions of Article 40, the court or the judge shall dismiss it by a ruling. 
(2) The judge, against whom the motion for exclusion or challenge has been 
made, shall, except in the case mentioned in Paragraph (1), without delay, 
present an opinion therefor. 
Article 42 (Adjudication on Motion for Exclusion or Challenge) 
13 IP/N/l/KORJ1 
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(1) The adjudication on the motion for exclusion or challenge shall be decided 
by ruling by the collegiate department of the court to which the judge belongs, 
against whom the motion for exclusion or challenge has been filed. 
(2) No judge shall participate in a decision relating to his own exclusion or 
challenge. However, he may express his opinion. 
(3) If the court, to which the judge against whom the motion for exclusion or 
challenge has been filed belongs, is unable to form a collegiate department, the 
immediate superior court shall decide thereon. 
Article 43 (Appeal) 
(1) No appeal may be filed to the ruling rendered for the reason that the 
exclusion or challenge is well-grounded. 
(2) An immediate appeal may be made against a ruling of dismissal prescribed 
in Paragraph (1) of Article 41, or against a ruling rendered for the reason that 
the exclusion or challenge is groundless. 
(3) No immediate appeal to a ruling of dismissal as prescribed in Article 41 (1) 
has any effect to suspend the execution. [This Article Wholly Amended by Law 
No. 4201, Jan. 13, 1990] 
Article 44 (Suspension of Proceedings) 
In cases where a motion for exclusion or challenge has been made, the 
proceeding shall be suspended until the decision on such motion becomes final 
and conclusive. However, this shall not apply to the dismissal of a motion for 
exclusion or challenge, the announcement of final judgment and to such acts as 
may require urgel:lcy. <Amended by Law No. 706, Sep. 1, 1961; Law No. 4201, 
Jan. 13, 1990> 
Article 45 (Refrainment of Judge) 
In the case specified in Articles 37 and 39, a judge may, with the permission of IP/N/1/KORl1 
Page 198 
the court which has the right of supervision, refrain from hearing a case. 
Article 46 (Exclusion, Challenge and Refrainment of Court Officials of Grade V, 
etc.) 
(1) The provisions of this Section shall apply mutatis mutandis to the court 
officials of Grade V, etc. 
(2) A decision on the exclusion or challenge of the court official of Grade V, etc. 
as referred to in Paragraph (1) shall be made by a ruling of the court to which 
such person belongs. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
CHAPTER 11 PARTIES 
SECTION 1 Capacity for Being Party and Litigation Capacity 
Article 47 (Principle Regarding Capacity for Being Party and Litigation Capacity) 
Unless otherwise specially provided for in this Code, the capacity for being a 
party, the litigation capacity, the legal representation of persons lacking litigation 
capacity, and granting of authorization required to conduct proceeding acts shall 
be governed by the provisions of the Civil Code and other applicable laws. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 48 (Capacity for Being Party of Non-juristic Person) 
An association or foundation which is not a juristic person, but which is provided 
with a representative or administrator, may become a party of a suit in its name. 
Article 49 (Appointed Party) 
(1) A group of persons having a common interest, and not falling under the 
provisions of Article 48, may appoint from among them one or more persons 
who is, or are, to act as a party, for the entire body, or may alter such 
appointment. 
15 IP/N/1/KORf1 
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(2) If the appointment or person of persons to act as a party has been altered 
under the provisions of Paragraph (1) subsequent to the pendency of the suit, 
the former party shall, as a matter of course, withdraw from the suit. 
Article 50 (Loss of Party Capacity of Some of Appointed Parties) 
If any of the persons appointed under the provisions of Article 49 has died or 
lost his capacity as such, the remaining person or persons shall conduct 
proceeding acts for the entire body. 
Article 51 (Litigation Capacity of Minor, Limited-competent Person or 
uncompetent Person) 
A minor, a limited-competent person, or an incompetent person may conduct 
proceeding acts only through his legal representative, However, this shall not 
apply to the cases where a minor or a limited-competent person is empowered 
to do juristic acts independently. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 52 (Special Provision for Litigation Action of Legal Representative) 
(1) A legal representative does not need the granting of the special 
authorization of the family council in conducting proceeding acts in regard to a 
suit or appeal instituted by the counter party. 
(2) In order that a legal representative may effect the withdrawal of a suit, 
compromise, abandonment or acknowledgement of the claim, or may withdraw 
under the provisions of Article 73, the special authorization to that effect shall be 
required. 
Article q3 (Special Provision for Litigation Capacity of Aliens) 
In cases where an alien has litigation capacity under Korean law, he shall be 
considered to be a person having litigation capacity, even though he has no 
such capacity under the laws of his own country. <Amended by Law No. 4201, 
Jan. 13, 1990> 
16 IPINIlIKORJ1 
Page 200 
Article 54 (Attestation of Authority of Legal Representation) 
(1) The authority of legal representation or the authorization necessary to 
conduct proceedings shall be attested in writing. The same shall apply to the 
appointment of a party or alteration thereof under the provisions of Article 49. 
(2) The documents of attestation as mentioned in Paragraph (1) shall be 
attached to the record of the case. 
Article 55 (Measures to be Taken in Case of Inadequacy of Litigation Capacity) 
In cases where there is an inadequacy of litigation capacity, authority of legal 
representation, or authorization necessary to conduct proceeding acts, the court 
may order to have it complemented and corrected by fixing a period of time, and 
if there is a danger of causing damage due to delay, the court may conduct 
proceedings tentatively for the time being. 
Article 56 (Inadequacy of Litigation Capacity and Ratification Thereof) 
Any proceeding acts conducted by a person who lacks litigation capacity, 
authority of legal representation, or authorization to conduct proceedings shall 
take effect retroactively as from the time of such acts having been conducted, 
by virtue of the ratification of the party of legal representative who has been 
corrected and supplemented of the inadequacy. 
Article 57 (Mutatis Mutandis Application to Appointed Parties) 
The provisions of Articles 55 and 56 shall apply mutatis mutandis where the 
party under the provisions of Article 49 conducts proceeding acts. 
Article 58 (Special Representative) 
(1) Any person who desires to conduct proceeding acts, against a minor, a 
limited-competent person or an incompetent person where there is no legal 
representative, or when the legal representative is unable to exercise his right of 
17 IPINIlIKORl1 
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representation, may apply to the court before which the suit is pending, for the 
appointment of a special representative by presenting the minimal showing that 
he may incur damage by delay. 
(2) In the case mentioned in Paragraph (1), if a minor, a limited-competent 
person or an incompetent person needs a special representative in order to 
conduct proceeding acts, his relative, an interested party, or a public prosecutor 
may apply to the court wherein the suit has been brought, for the appointment 
of a special representative by presenting the minimal showing that there is a 
danger of damage by delay. 
(3) The court may at any time replace the special representative. 
(4) The special representative shall, in order to conduct litigation acts, have the 
same authorization as a guardian. 
(5) Orders by which a special representative is appointed or replaced shall be 
served on the special representative. 
(6) Expenses relating to the appointment of a special representative and those 
relating to proceeding acts of a special representative may be required to be 
borne by the applicant. 
Article 59 (Notice of Termination of Authority of Legal Representation) 
(1) The termination of the authority of legal representation shall not take effect 
unless a notice of the fact is given by the principal or his representative to the 
other party. 
(2) The provisions of Paragraph (1) shall apply mutatis mutandis to any change 
in parties under ttJe provisions of Article 49. 
Article 60 (Status of Representatives of Juristic Person and any Other 
Organizations) 
The provisions of the Code relating to legal representation and legal 
18 IP/NIl/KORll 
Page 202 
representatives shall apply mutatis mutandis to the representative of a juristic 
person and to the representative or administrator under the provisions of Article 
48. <Amended by Law No. 4201, Jan. 13, 1990> 
SECTION 2 Joint Litigation 
Article 61 (Requisite for Co-Litigation) 
If the rights or liabilities which are the object of a suit are common to two or 
more persons, or are based on the same ground in fact and in law, such 
persons may join in a suit as co-litigants. The same applies when the rights or 
liabilities which are the object of a suit are same kind or are based on the same 
kind of ground in fact and in law. 
Article 62 (Status of Ordinary Co-Litigants) 
Proceedings conducted by one of the co-litigants, or by the counter party 
against him, and matters arising in regard to one of them do not affect the other 
co-litigants. 
Article 63 (Special Provisions for Inevitable Co-Litigants) 
(1) When the subject of a suit is to be ruled upon jointly for the entire body of 
the co-litigants, the acts of anyone of them shall take effect only in favor of the 
entire body. 
(2) The acts of the counter party against one of the co-litigants shall take effect 
for or against all of them. 
(3) In cases where there is any cause for interruption or stay of proceedings in 
regard to one of. the co-litigants, such interruption or stay shall take effect in 
regard to all co-litigants. 
Article 63-2 (Addition of Requisite Co-Litigants) 
(1) If some of co-litigants as prescribed in Article 63 (1) are omitted, the court 
19 IP/N/1/KORJI 
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may, upon request of the plaintiff, permit by decision an addition of the plaintiff 
or defendant until the pleading of the first instance is closed: Provided, That an 
addition of a plaintiff may be permitted only when the person to be added 
agrees to it. 
(2) When a decision of permission is made under Paragraph (1), the original of 
such decision shall be served to all the parties. Duplicates of written complaint 
shall also be served to the parties to be added. 
(3) If co-litigants are added under Paragraph (1), the lawsuit between such 
added parties shall be considered to have been raised at the time the first 
lawsuit is instituted. 
(4) Any interested person may make an immediate appeal against a decision of 
permission under Paragraph (1) only when it is ground that the plaintiff to be 
added does not agree to it: Provided, That such immediate appeal has no effect 
to suspend the execution. 
(5) It may be allowed to make an immediate appeal against a decision to reject 
a request under Paragraph (1). [This Article Newly Inserted by Law No. 4201, 
Jan. 13, 1990] 
Article 64 (Special Provisions for Requisite Co-Litigation) 
The provisions of Article 52 (1) shall apply mutatis mutandis to the procedural 
acts conducted by other co-litigants in respect of an appeal instituted by one of 
the co-litigants in the case of Article 63 (1) 
SECTION 3 Intervention 
Article 65 (Intervention for Assistance) 
A third person interested in the result of a suit may, during the pendency of such 
suit, intervene in the suit in order to assist either party. 
Article 66 (Application for Intervention) 
20 IPINlllKORll 
Page 204 
(1) An application for intervention shall be filed with the court where a suit so 
intervened is pending, stating the purport and grounds thereof. 
(2) If an application for intervention has been made in writing, such paper shall 
be served on both parties. 
(3) An application for intervention may be made simultaneously with the 
proceeding acts that can be conducted by an intervener. 
Article 67 (Decision to Permit or to Reject Intervention) 
(1) In cases where a party raises objection on intervention, the intervener shall 
explain the grounds therefor. In this case, the court shall render a ruling whether 
to permit or to reject the intervention. 
(2) An immediate appeal may be made against the ruling under Paragraph (1). 
Article 68 (Forfeiture of Right to Object) 
If a party pleads or makes a statement in preliminary proceedings without 
extending any objection as to the intervention, he shall lose his right to object. 
Article 69 (Participation of Intervener in Proceeding) 
(1) An intervener may, unless and until the ruling rejecting the intervention 
becomes final and conclusive, conduct proceedings even when an objection 
has been raised against it. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) Proceeding acts conducted by an intervener shall, in cases where a party 
has quoted them, be effective, even when the ruling rejecting the intervention 
has become final and conclusive. 
Article 70 (Proceedings of Intervener) 
(1) An intervener may, with regard to a suit, conduct all proceeding acts 
21 IP/N/l/KORJl 
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including attack, defense, objection and appeal. However, this shall not apply to 
such acts as may not be conducted according to the progress of the suit at the 
time the intervention has been made. 
(2) Proceeding acts of an intervener shall not be effective when they stand 
inconsistent with the acts of the intervenee. 
Article 71 (Effect of Judgment on Intervener) 
A judgment shall be binding on the intervener except where the intervener is not 
able to conduct proceeding acts, or his acts could not take effect in accordance 
with the provisions of Article 70, and also where the intervenee obstructed the 
proceeding acts of the intervener, and except where the intervenee failed 
intentionally or negligently to conduct the proceedings which the intervener was 
precluded from conducting. 
Article 72 (Independent Party Intervention) 
(1) Any third person who claims that the whole or a part of the subject of a suit 
is a right belonging to him, or that his rights are to be injured as a result of a suit, 
may intervene in the suit as a party. 
(2) The provisions of Articles 63 and 66 shall apply mutatis mutandis to the case 
mentioned in Paragraph (1). 
Article 73 (Withdrawal from Suit) 
In case a person intervenes in a suit in order to claim his right under the 
provisions of Article 72, the original plaintiff or defendant may withdraw from the 
suit with the consent of the other party. However, the judgment shall also be 
binding upon the party who has so withdrawn. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 74 (Intervention by Successor) 
In case a person has intervened in a suit claiming that he had succeeded the 
22 IP/N/l/KOR/l 
Page 206 
whole or a part of the right or obligation, which is the subject matter of the suit, 
during the pendency thereof under Article 72, such intervention shall take effect 
of interruption of prescription or observance of a statutory time limit retroactively 
from the beginning of the pendency of the suit. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 75 (Taking over Suit by Successor) 
(1) In case a third person has, during the pendency of a suit, succeeded to the 
whole or a part of the right or obligation which is the subject matter of the suit, 
the court may, upon motion of either party, have such third person take over the 
suit. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In rendering a ruling under the provisions of Paragraph (1), the court shall 
interrogate parties and the third person. <Amended by Law No. 4201, Jan. 13, 
1990> 
(3) Such provIsions of Article 73 concerning withdrawal and the effect of 
judgment and those of Article 74 concerning the effect of intervention shall 
apply mutatis mutandis where the suit has been taken over in accordance with 
the provisions of Paragraph (1). <Amended by Law No. 4201, Jan. 13, 1990> 
Article 76 (Intervention by Third Person as Co-Litigant) 
(1) In case the subject matter of a suit is to be concluded in conformity between 
either of the parties and a third person, such third person may intervene in the 
suit as a co-litigant. 
(2) In the case of Paragraph (1), the provisions of Article 66 shall apply mutatis 
mutandis. 
Article 77 (Requirement for Notice of Pendency of Suit) 
(1) Parties of a suit, during its pendency, may give notice thereof to the third 
person who is entitled to intervene. 
23 IP/N/l/KORJl 
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(2) The person who has received such notice may, in turn, give same notice to 
other persons. 
Article 78 (Method of Notice of Suit) 
(1) The notice of a suit shall be made by filing paper with the court setting forth 
the reason therefor and the stage of the pending suit. 
(2) The paper as mentioned in Paragraph (1) shall also be served upon the 
counter party. 
Article 79 (Effect of Notice of Suit) 
In application of the provisions of Article 71, the person who has received notice 
of a suit shall be considered to have intervened at the time when he could have 
done so, even though he did not actually intervene. <Amended by Law No. 
4201, Jan. 13, 1990> 
SECTION 4 Attorneys 
Article 80 (Qualification of Attorney) 
(1) With exception of representatives who according to the provisions of law 
may act in court, no person other than a licensed lawyer may act as an attorney. 
However, this shall not apply in case where any person who is a relative, 
employment or other special relation with the party, obtains the permission of 
the court in regard to a case to be ruled by a single judge. <Amended by Law 
No. 4201, Jan. 13, 1990> 
(2) The court may at any time revoke the permission granted under Paragraph 
(1 ). 
Article 81 (Attestation of Powers of Attorney) 
(1) The powers of attorney shall be attested in writing. 
24 IPINlllKORJl 
Page 208 
(2) In case the writing mentioned in Paragraph (1) is a private document, the 
court may order the attorney to have it authenticated by a notary or other 
person operating notarial service. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The provisions of Paragraphs (1) and (2) shall not apply where a party has 
orally appointed his attorney and the court official of Grade V, etc. has entered 
such statement in the case record. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 82 (Scope of Powers of Attorney) 
(1) An attorney may, in regard to a case delegated to him, conduct proceedings 
relating to cross-action, intervention, execution, provisional attachment and 
provisional disposition, and receive payment. <Amended by Law No. 1499, Dec. 
13, 1963> 
(2) The specific authorization is required for doing the following acts: Amended 
by Law No. 1499, Dec. 13, 1963> 
1. Filing a cross-action; 
2. Withdrawal of the suit, compromise, abandonment or acknowledgement of 
the claim, or withdrawal in accordance with the provisions of Article 73; 
3. Filing of an appeal and the withdrawal thereof; and 
4. Appointment of an attorney. 
(3) No limitation shall be imposed on the authority of an attorney. However, this 
shall not apply to an attorney who is not a licensed lawyer. <Amended by Law 
No.4201,Jan. 13,1990> 
Article 83 (Powers of Attorney by Law) 
The provisions of Article 82 shall not apply to the authority of an attorney 
entitled to act in proceedings under the provisions of law. 
Article 84 (Principle of Multiple Representation) 
(1) In cases where there are several attorneys, each of them shall represent the 
principal severally. 
25 IPINIlIKORl1 
Page 209 
(2) Even though parties make an arrangement inconsistent with the provisions 
of Paragraph (1), such arrangement shall not take effect. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 85 (Right to Rectify by Party) 
Any statement on facts made by an attorney shall not take effect when it is 
immediately cancelled or rectified by the principal. 
Article 86 (Non-termination of Powers of Attorney) 
The authority of an attorney shall not be terminated by the death or loss of the 
litigation capacity of the party, extinction by merger of a juristic person which is 
his principal, the termination of the trust duties of the trustee who is his principal, 
or the death of the legal representative or the loss of his litigation capacity, or 
the extinguishment or the alteration of the authority thereof. 
Article 87 (Non-termination of Powers of Attorney) 
(1) The authority of an attorney of a person, who has become a party of a suit in 
his own name for another person by virtue of certain capacity, shall not be 
terminated by loss of the capacity on the part of such principal. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(2) The provisions of Paragraph (1) shall apply mutatis mutandis to a case 
where the party selected in accordance with the provisions of Article 49 has lost 
his capacity. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 88 (Mutatis Mutandis Application of Provisions concerning Legal 
Representatives) 
The provisions of Paragraph (2) of Article 54, Articles 55, 56 and 59 shall apply 
mutatis mutandis to the attorney involved. 
26 IP/N/IIKORJl 
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CHAPTER III COST OF SUIT 
SECTION 1 Imposition of Costs of Suit 
Article 89 (Principle of Imposition of Costs of Suit) 
The costs of a suit shall be borne by the defeated party. 
Article 90 (Exception No. 1) 
The court may, according to circumstances, charge to the winning party the 
whole or a part of the costs arising from acts not essential to the assertion or 
defense of his rights or of the costs arising from such as are essential to the 
assertion or defense of the adversary's rights. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 91 (Exception No. 2) 
If proceedings were delayed through the failure of either party to produce 
means of attack or defense at an appropriate time or to observe an appointed 
time or period or through any other causes imputable to him, the court may 
charge to the person who has won the suit, the whole or a part of the costs 
entailed due to such delay. [This Article Wholly Amended by Law No. 4201, Jan. 
13, 1990] 
Article 92 (Case of Partial Defeat) 
The costs of a suit to be borne by each party in case of a partial defeat shall be 
fixed by the court. According to circumstances, however, the court may charge 
the whole of the costs to either of the parties. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 93 (In Case of Co-Litigation) 
(1) Co-litigants shall bear the costs of suit in equal proportions: Provided, That 
the court may, according to circumstances, charge the co-litigants to bear the 
27 IP/N/lIKORl1 
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costs jointly or in any other way. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The court may, irrespective of the provisions of Paragraph (1), have the 
party who has undertaken acts not essential to the assertion or defense of a 
right bear costs entailed by such acts. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 94 (Case of Intervention) 
The provisions of Articles 89 to 93 shall apply mutatis mutandis to the bearing of 
the costs entailed by the intervention between the intervener and the adversary, 
or the bearing of the costs in case where an objection has been raised against 
the intervention between the intervener and the objecting party. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 95 (Decision on Costs in each Instance) 
The court shall, in a decision closing the case, render decision, upon its own 
authority, with respect to the whole costs of suit in the particular instance. 
However, it may, according to circumstances, decide in a decision with regard to 
a part of the case or an interlocutory dispute on the costs therefor. <Amended 
by Law No. 4201, Jan. 13, 1990> 
Article 96 (Decision on Whole Costs of Suit) 
In cases where the superior court alters the decision on the merits of the case, 
or the court to which a case has been remanded or transferred renders a 
decision closing the case, such court shall render a decision regarding the 
whole costs of suit. 
Article 97 (Bearing of Costs of Compromise) 
In cases where a compromise has been effected by parties in court without 
making particular arrangements concerning the costs of the compromise and 
the suit, such costs shall be borne by each party separately. 
28 IPINIlIKORJ1 
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Article 98 (Reimbursement of Costs by Third Person) 
(1) In cases where a legal representative, an attorney, a court official of Grade V, 
etc. or an execution officer gave rise to unnecessary costs intentionally or by 
gross negligence, the court of the suit may, upon its own authority or motion of 
the party, order such person to reimburse the costs. <Amended by Law No. 
4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(2) The provisions of Paragraph (1) shall apply mutatis mutandis to the costs of 
suit defrayed for proceeding acts, in the event that the person who conducted 
proceedings as a legal representative or an attorney is unable to attest his 
power of attorney or authorization to conduct proceedings or can not get 
ratification thereof. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be made against such rulings mentioned in 
Paragraphs (1) and (2). <Amended by Law No. 4201, Jan. 13, 1990> 
Article 99 (Bearing of Costs by Unauthorized Representative) In cases where 
the court has dismissed the case in the case of Article 98 (2), the costs of the 
suit shall be borne by the person who conducted proceedings as the 
representative. 
Article 99-2 (Fee of Lawyer and Cost of Lawsuit) 
(1) Fee paid or to be paid by a party to a lawyer who institutes a lawsuit on 
behalf of the party, shall be the cost of lawsuit in the limit of the amount as 
determined by the Supreme Court Regulations. 
(2) In calculating the cost of lawsuit as referred to in Paragraph (1), even though 
many lawyers have conducted the lawsuit on behalf of the party, it shall be 
considered as a yicarious action of single lawyer. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 100 (Ruling to Fix Amount of Costs) 
(1) In the event that the court has not fixed the amount of costs of the suit in its 
29 IP/N/1/KORll 
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decision charging the cost, the court which has initially received the case shall 
fix it by ruling after the judgment of the case has become final upon motion of 
the parties. 
(2) The motion to fix the amount of costs of the suit shall be followed by 
presentation of statement of costs and the certified copy thereof as well as 
documents necessary for the minimal proof of the amount of costs. 
(3) An immediate appeal may be made against the ruling as mentioned in 
Paragraph (1). 
Article 101 (Notice of Demand to Other Party) 
(1) The court shall, prior to rendering a ruling on the amount of costs of suit, 
deliver to the other party a certified copy of the statement of costs and demand 
him to express an opinion thereupon and to submit, within a specified period, a 
statement of costs with documents necessary for the minimal proof thereof. 
(2) In cases where the other party fails to submit such papers as mentioned in 
Paragraph (1) within the specified period, the court may render a ruling only 
with respect to the costs of the party who filed the motion. However, this shall 
not preclude the other party from making a motion asking to fix the amount of 
costs incurred by him. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 102 (Setting-off of Costs to be Borne) 
When the court decides on the amount of costs of suit, the costs to be borne by 
each party shall be onsidered to be set-off at the corresponding amount. 
However, this shall not apply in case as referred to in Article 101 (2). <Amended 
by Law No. 4201, Jan. 13, 1990> 
Article 103 (Determination of Amount of Costs in Case of Compromise) 
(1) In the event that parties have decided upon the bearing of costs of suit but 
have not fixed the amount thereof in accordance with Article 97, the court shall, 
upon motion of a party, fix the amount by ruling. 
30 IP/N/1IKORJ1 
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(2) In the case of Paragraph (1), the provisions of Paragraphs (2) and (3) of 
Article 100, and Articles 101 and 102 shall apply mutatis mutandis. <Amended 
by Law No. 4201, Jan. 13, 1990> 
Article 104 (Cases where Suit Has Been Concluded by Other Than Court 
Decision) 
(1) In the event that a suit has been concluded by other than court decision, or 
an intervention, or an objection thereto has been withdrawn, except as 
mentioned in Article 103, the court shall, upon motion of a party, fix the amount 
of costs of the suit and order the party to bear it, by ruling. <Amended by Law 
No.4201,Jan. 13, 1990> 
(2) The provisions of Articles 89 to 94, Paragraphs (2) and (3) of Article 100, 
Articles 101 and 102 shall apply mutatis mutandis in the case of Paragraph (1). 
<Amended by Law No. 1499, Dec. 13, 1963; Law No. 4201, Jan. 13, 1990> 
Article 105 (Computation by Court Official of Grade V, etc.) 
The court may have court official of Grade V, etc. compute the amount of costs 
of the suit. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 106 (Advance Payment of Expenses) 
(1) In regard to the proceeding acts incurring costs, the court may have the 
party pay such costs in advance. 
(2) If the party does not pay such costs in advance, the court may refuse to do 
such acts of proceedings. 
SECTION 2 Security for Costs of Suit 
Article 107 (Duty to Furnish Security) 
(1) In cases where a plaintiff has no domicile, office or place of business in the 
31 IP/N/1/KORJl 
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Republic of Korea, the court shall, upon motion of a defendant, order the 
plaintiff to furnish security for the costs of the suit. The same shall apply in 
cases where the security becomes deficient. 
(2) The provisions of Paragraph (1) shall not apply where a part of the claim is 
not contested and the amount thereof is sufficient for the security. <Amended by 
Law No. 4201, Jan. 13,1990> 
Article 108 (Forfeiture of Right to Ask for Security After Responding to Suit) 
In cases where a defendant, knowing that there is a cause for which security is 
to be furnished, has pleaded orally on the merit of the case, or made a 
statement in the preliminary proceedings, he may no longer make a motion for 
security. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 109 (Defendant's Right to Refuse to Respond to Suit) 
A defendant who has made a motion for security may refuse to respond to the 
suit until the plaintiff furnishes such security. 
Article 110 (Ruling Ordering Security) 
(1) In a ruling ordering security to be furnished, the court shall fix the amount of 
such security and the period within which it is to be furnished. 
(2) The amount of security shall be fixed on the basis of the total amount of 
costs likely to be disbursed by the defendant in each instance. 
Article 111 (Appeal) 
An immediate appeal may be made against a ruling relating to a motion for 
security. 
Article 112 (Method of Offering Security) 
Security shall be given by depositing money or such negotiable securities as the 
32 IPINIlIKORJI 
Page 216 
court deems appropriate, or producing a document by which a payment 
guarantee consignment contract is made, under the conditions as prescribed by 
the Supreme Court Regulations. However, if parties have entered a different 
contract, such contract shall govern. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 113 (Defendant's Rights over Security) 
A defendant shall have the same right as a pledgee in respect of costs of suit 
over the security so given in accordance with the provisions of the Article 112. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 114 (Effect of Failure of Furnishing Security) 
(1) In the event that a plaintiff has failed to furnish security within the period 
within which it is to be furnished, the court may dismiss the action by judgment 
without pleadings. However, this shall not apply to a case where security has 
been furnished prior to such judgment. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) Deleted. <by Law No. 1499, Dec. 13, 1963> 
Article 115 (Cancellation of Security) 
(1) In the event that a person who has furnished security proves that the cause 
for security has ceased to exist, the court shall, upon motion, render a ruling 
effectuating cancellation of such security. 
(2) The provisions of Paragraph (1) shall also apply in cases where a person 
who has furnished security proves that he has obtained the consent of the 
person having se~urity right as to the cancellation of the security. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(3) In cases where the court urges the person having security right, upon motion 
of the person who furnished security, to exercise such right within the fixed 
period after the litigation has been completed, and the person having the 
33 IP/NIl/KORll 
Page 217 
security right has failed to exercise it, he shall be considered to have consented 
to the cancellation of the security. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) An immediate appeal may be filed against the rulings as provided for in 
Paragraphs (1) and (2). 
Article 116 (Substitution of Security) 
The court may, upon motion of a person who has furnished security, order 
substitution of object deposited for security by ruling. However, in cases where 
a party makes a motion for substitution of object deposited for security 
according to a contract, such contract shall govern. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 117 (Mutatis Mutandis Application) 
The provisions of Article 109, Paragraph (1) of Article 110, and Articles 111 to 
116 shall apply mutatis mutandis to such security as is furnished at the 
institution of a suit by other laws. <Amended by Law No. 4201, Jan. 13, 1990> 
SECTION 3 Aid in Litigation 
Article 118 (Conditions of Aid) 
(1) The court may, on motion of a party having insufficient means to defray the 
costs of the suit, grant aid in litigation in each instance. However, this shall not 
apply to a case where it is obvious to lose the lawsuit. <Amended by Law No. 
4201, Jan. 13, 1990> 
(2) The minimal showing of evidence of the cause for aid shall be presented. 
Article 119 (Objective Scope of Aid) 
(1) In regard to litigation and execution, aid in litigation shall have the following 
effects: <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 
1995> 
34 IP/N/lIKORl1 
Page 218 
1. Deferment of payment of costs of suit; 
2. Deferment of payment of fees of execution officer, fees of lawyer and the 
advance disbursement to him; and 
3. Exemption of security on the costs of suit. 
(2) In case as referred to in Subparagraph 2 of Paragraph (1), if no fee is paid to 
a lawyer or an execution officer, the National Treasury shall pay him a 
considerable amount. <Newly Inserted by Law No. 4201, Jan. 13, 1990; Law No. 
5002, Dec. 6, 1995> 
Article 120 (Subjective Scope of Effect of Aid) 
(1) Aid in litigation shall be effective only as far as the person who has been 
granted it is concerned. 
(2) The court may order the successor of the litigation the payment of costs 
deferred. 
Article 121 (Cancellation of Aid) 
When a person who has been granted aid in litigation is found to possess, or 
has come into possession of the means to pay the costs, the court wherein the 
record of the case exists, may, either upon its own authority or upon motion of 
any interested person, at any time, cancel the aid and order the payment of the 
costs deferred. 
Article 122 (Collection of Deferred Cost) 
(1) The costs, the payment of which has been deferred for the person who has 
been granted aid in litigation, may be collected directly from the counter party 
who has been charged therefor. 
(2) In the case of Paragraph (1), a lawyer or an execution officer may, in respect 
of his remuneration, fees or advances, file a motion to fix the amount thereof 
and proceed to execution by virtue of the title of debt possessed by the party 
who had been granted aid in litigation. <Amended by Law No. 4201, Jan. 13, 
35 1990; Law No. 5002, Dec. 6, 1995> IP/N/1/KORll 
Page 219 
(3) A lawyer or an execution officer may, in respect of remuneration, fees and 
advances, make a motion asking for a decision as prescribed in Article 103 or 
104 in place of the party concerned. <Amended by Law No. 4201, Jan. 13, 
1990; Law No. 5002, Dec. 6, 1995> 
Article 123 (Appeal) An immediate appeal may be made against such decision 
as prescribed in this Section. <Amended by Law No. 4201, Jan. 13, 1990> 
CHAPTER IV LITIGATION PROCEEDINGS 
SECTION 1 Pleadings 
Article 124 (Necessity of Pleadings) 
(1) The parties shall conduct pleadings in the court in regard to the litigation. 
However, regarding a case to be concluded by ruling, the court shall determine 
whether or not pleadings are to be held. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) In the event that pleadings are not held under the proviso of Paragraph (1), 
the court may interrogate the parties, interested persons and witnesses. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The provisions of Paragraphs (1) and (2) shall not apply in cases where 
special provisions are provided. 
Article 125 (Presiding Judge's Right to Direct Pleading) 
(1) Pleadings shall be directed by the presiding judge. 
(2) The presiding judge may permit one to speak, or prohibit one from speaking 
when he does not comply with his order. <Amended by Law No. 4201, Jan. 13, 
1990> 
36 IP/N/l/KORlI 
Page 220 
Article 126 (Right to Ask Elucidation, Right to Put Questions) 
(1) The presiding judge may, in order to clarify the relations involved in the 
litigation, put to the parties questions or urge them to present evidence on 
matters of fact and law. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) A judge of the collegiate department may take such acts as referred to in 
Paragraph (1) after informing the presiding judge. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(3) The parties may request the presiding judge to put necessary questions. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(4) The court shall give the parties an opportunity to state their opinions on legal 
matters as deemed to be overlooked obviously by the parties. <Newly Inserted 
by Law No. 4201, Jan. 13, 1990> 
Article 127 (Order to Prepare for Elucidation) 
The presiding judge may point out the matters to be elucidated by parties in 
accordance with the provisions of Article 126, and may order them to make 
preparations prior to the date for pleadings. 
Article 128 (Supervision by Collegiate Body) 
In cases where the parties object to any order of the presiding judge relating to 
the direction of the pleadings, to any measures taken by the presiding judge or 
other judges of the collegiate department under the provisions of Articles 126 
and 127, the court shall render a decision in regard to such objections by ruling. 
Article 129 (Appointment and Entrustment of Commissioned Judge) 
(1) In the event that a commissioned judge is to perform his duties, the 
presiding judge shall appoint such judge. 
(2) Entrustment by the court shall, except as otherwise provided for, be made by 
37 the presiding judge. 
Article 130 (Measures of Court for Elucidation) IP/N/l/KORJ1 
Page 221 
(1) The court may undertake the following measures in order to clarify the 
relations of the litigation: 
1. Order of appearance of a party or his legal representative; 
2. Order of production of litigation papers, or of other documents or other 
articles referred to in the litigation which are in the hands of parties; 
3. Retention of documents and other articles produced by a party or a third 
party; 
4. Order of inspection or expert examination; and 
5. Entrustment of necessary investigation. 
(2) Regarding inspection, expert examination and entrustment of investigation 
under Paragraph (1), the provisions concerning investigation of evidence shall 
apply mutatis mutandis. 
Article 131 (Limitation, Separation or Combination of Pleadings) 
The court may order a limitation, separation or combination of pleadings, or may 
cancel such order. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 132 (Reopening of Pleadings) 
The court may order the reopening of a pleading which has been closed. 
<Amended by Law No. 1499, Dec. 13, 1963> 
Article 133 (Interpretation) 
(1) In the event that any person participating in pleadings is not acquainted with 
the Korean language, or is deaf or mute, an interpretation shall be conducted by 
an interpreter. However, deaf or mute persons may be questioned or may make 
statements in writing. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The provisions relating to experts witnesses shall apply mutatis mutandis to 
38 IPINlllKORll 
Page 222 
interpreters. 
Article 134 (Measures for Persons Lacking Ability to Plead) 
(1) The court may prohibit a party or an attorney who is unable to make 
statements necessary for clarification of the relations of the litigation from 
making statements and may set a new date for continuation of pleadings. 
(2) In the event that the court has prohibited making statements in accordance 
with the provisions of Paragraph (1), it may order appointment of a lawyer when 
it deems necessary. 
(3) In cases where the court has prohibited an attorney from making statements 
or has ordered the appointment of a lawyer, it shall notify thereof to the principal 
party. 
(4) If a person who instituted a lawsuit or appeal, fails to designate a lawyer by 
the new date as referred to in Paragraph (1) even after he received an order 
under Paragraph (2), the court may reject by decision such lawsuit or appeal. 
<Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(5) An immediate appeal may be made against a decision as referred to in 
Paragraph (4). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 135 (Recommendation of Settlement) 
(1) The court may, in whatever stage of the litigation, recommend to make 
settlement and have a commissioned judge or an entrusted judge do the same. 
(2) In the case of Paragraph (1), the court or a commissioned judge or an 
entrusted judge may order the principal party or his legal representative to 
appear before the court. 
Article 136 (Principle of Occasional Presentation) 
Unless otherwise provided for, the means of attack or defense may be produced 
39 up to the conclusion of the pleadings. 
Article 137 (Non-appearance of One of Parties) IP/N/lIKORJ1 
Page 223 
(1) In the event that a plaintiff or a defendant has not made his appearance on 
the date of the pleadings or he has not made any argument on the merit of the 
case, although he has appeared, such matters contained in the complaint, 
pleadings, and other briefs submitted by such person may be considered to 
have been stated by him and the other party who has appeared, may be 
ordered to conduct arguments. <Amended by Law No. 706, Sep. 1, 1961; Law 
NO.4201,Jan. 13, 1990> 
(2) Deleted. <by Law No. 706, Sep. 1, 1961 > 
Article 138 (Rejection of Means of Attack and Defense Which are Late) 
(1) In the event that any means of attack or defense presented late intentionally 
or by a gross negligence by parties are deemed to cause delay of conclusion of 
the litigation, the court may, upon a motion of the other party or upon its own 
authority, render a ruling rejecting thereof. 
(2) The provisions of Paragraph (1) shall also apply in cases where a party fails 
to give necessary explanations regarding means of attack or defense the 
purport of which is not clear, or does not appear on the date on which such 
explanation is due. 
Article 139 (Constructive Confession) 
(1) In cases where a party does not distinctly contest the facts asserted by the 
other party at a pleading, he shall be considered to have confessed such facts. 
However, this sha,ll not apply to cases where the facts are deemed to have been 
contested in view of the whole purport of the pleadings. <Amended by Law No. 
4201, Jan. 13, 1990> 
(2) A party who has professed ignorance in regard to a fact asserted by the 
other party shall be assumed to have contested such fact. 
40 IP/N/l/KORll 
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(3) The provisions of Paragraph (1) shall apply mutatis mutandis in cases where 
a party fails to appear on the date of the pleading. However, this shall not apply 
in cases where the party who failed to appear on the date of the pleading has 
been summoned by means of service of public notice. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 140 (Right to Raise Objection) 
In cases where a party, being aware of the violation of provisions regarding 
proceeding procedures or being able to know thereof, has not raised objection 
without delay, he shall lose the right to do so. However, the foregoing shall not 
apply where waiver of the right can not be allowed. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 141 (Preparation of Protocol for Hearing) 
A court official of Grade V, etc. shall, in regard to pleadings, prepare a protocol 
for each date of hearing. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 142 (Formal Matters to be Stated) 
The following matters shall be entered in the protocol and the presiding judge 
and the court official of Grade V, etc. shall sign and seal thereto, and if the 
presiding judge is prevented from doing so, another judge of the collegiate 
department shall state the reason therefor and sign and seal in place of the 
presiding judge. However, in cases where all judges are prevented from signing 
and sealing, the court official of Grade V, etc. shall state the reason therefor: 
<Amended by Law No. 4201, Jan. 13, 1990> 
1. Indication of the case; 
2. Names of th~ judge and court official of Grade V, etc.; 
3. Name of the public prosecutor concerned; 
4. Names of parties, attorneys and interpreters present, and names of parties 
absent; 
5. The place and the date when the pleading was held; and 
6. That the pleading was openly held or, if it was held in camera, the reason 
41 thereof. 
Article 143 (Substantial Matters to be Stated) IP/N/l/KORJl 
Page 225 
The gist of the pleadings shall be entered in the protocol, and especially, the 
following matters shall be stated clearly: <Amended by Law No. 4201, Jan. 13, 
1990> 
1. Settlement, acknowledgement, waiver, withdrawal and confession; 
2. The oaths and testimonies of witnesses and expert witnesses; 
3. Result of inspection; 
4. The matters which the presiding judge has ordered to be entered or the 
entry of which has been permitted upon request of parties; 
5. Decisions rendered other than in writing; and 
6. Pronouncement of judgment. 
Article 144 (Exception Applied to Cases Handled by Single Judge) 
(1) With regard to cases handled by a single judge, matters to be entered in the 
protocol may, upon the permission of the judge, be omitted. However, this shall 
not apply in cases where an objection is made by parties. <Amended by Law 
No. 4201, Jan. 13, 1990> 
(2) The provisions of Paragraph (1) shall not apply to the compliance of the 
provisions regarding method of pleadings, settlement, acknowledgement, 
waiver, withdrawal and confession. 
Article 145 (Citation and Attachment of Documents) 
Documents and photographs or any other things that may be deemed 
appropriate by the court may be cited in the protocol, by attaching them to the 
record of the cast?, and be made a part of the protocol. 
Article 146 (Right of Concerned Person to Request Reading of Protocol) 
(1) The protocol shall, upon motion of the concerned person, have him read or 
inspected. <Amended by Law No. 4201, Jan. 13, 1990> 
42 IP/NIl/KOR/l 
Page 226 
(2) In the event that the concerned person has made an objection to the entries 
in the protocol, the fact and the reason thereof shall be stated in the protocol. 
Article 147 (Probative Force of Protocol) 
Compliance with the provisions relating to the formalities of pleadings may be 
proved only by the protocol. However, this shall not apply to cases where the 
protocol was destroyed or lost. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 148 (Stenographing or Taperecording of Pleadings) 
(1) The court shall, upon a request of a party, have a stenographer write down 
or record using a recording equipment the whole or part of pleading unless 
there is special reason. The court maY,if necessary, order it upon its own 
authority. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The stenographic record and the recorded tape mentioned in Paragraph (1) 
shall comprise a part of the protocol. However, the court may, upon agreement 
of parties, abolish the above. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 149 (Mutatis Mutandis Application to Other Protocols) 
The provisions of Articles 141 to 148 shall apply mutatis mutandis to the 
interrogation, questioning and the examination of evidence by the court, 
commissioned judges or entrusted judges. 
Article 150 (Method of Motion or Statement) 
(1) Except as otherwise provided, motions and other statements may be made 
either in writing Of orally. 
(2) Oral statements shall be made in the presence of the court official of Grade 
V, etc. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) In the case as referred to in Paragraph (2), the court official of Grade V, etc. 
43 IP/N/1/KORll 
Page 227 
shall prepare a protocol and sign and seal thereon. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 151 (Application for Perusal of Record of the Case, and Delivery of 
ertificate) 
(1) A party or a third person who has shown his relation of interest may apply to 
the court official of Grade V, etc. for the perusal, copying, or delivery of an 
exemplification, transcript, or excerpts of the record of the case, or delivery of a 
certificate of the matters relating to litigation. <Amended by Law No. 4201, Jan. 
13, 1990> 
(2) The exemplification, transcript or excerpts of the record of the case shall 
contain the statement that each of which is either the exemplification, transcript 
or excerpts of such record of the case, and the court official of Grade V, etc. 
shall sign and seal thereon and shall have the court seal affixed thereto. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) In case of applying for the delivery of transcript or excerpts of the 
stenographic record or recorded tape, the applicant shall bear the actual cost. 
SECTION 2 Date and Period 
Article 152 (Designation and Alteration of Date) 
(1) Dates shall be fixed by the presiding judge. 
(2) The date of interrogation or questioning by a commissioned judge or an 
entrusted judge shall be fixed by such judge. 
(3) Designation of a date shall be made either upon the court's own authority or 
upon motion of parties., 
(4) Alteration of the first date of the pleading or preliminary procedure may be 
permitted in cases where there is an agreement between parties even though 
no patent reason exists. <Amended by Law No. 4201, Jan. 13, 1990> 
44 IPINIlIKORl1 
Page 228 
Article 153 (Date on General Holidays) 
A date may be set on Sundays and other general holidays only under 
unavoidable circumstances. 
Article 154 (Notification of Date) 
Notification of a date shall be made by means of service of a writ of summons; 
Provided, That for persons who have appeared for the case, informing of the 
date shall suffice. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 155 (Effect of Statement Consenting to Appear) 
In the event that a person related to the litigation presents a statement to the 
effect that he will appear on the date it shall have same effect with the service of 
a writ of summons. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 156 (Commencement of Date) 
A date shall be commenced by calling out the case and names of parties. 
Article 157 (Calculation of Period) 
(1) Calculation of period shall be governed by the provisions of the Civil Code. 
<Amended by Law No. 1499, Dec. 13, 1963> 
(2) In cases where the last day of a period falls on a Sunday or any other 
general holiday, the period shall expire on the following day. 
Article 158 (Start of Period) 
In the event that the time of starting has not been fixed in a decision fixing a 
period, the said period shall begin running from the time when the decision 
takes effect. <Amended by Law No. 1499, Dec. 13, 1963> 
45 Article 159 (Fluctuation of Period and Additional Period) IP/N/l/KORll 
Page 229 
(1) The court may extend or shorten a period in law or a period fixed by the 
court itself. However, this shall not apply to the peremptory period. <Amended 
by Law No. 4201, Jan. 13, 1990> 
(2) With respect to a peremptory period, the court may fix an additional period in 
favor of persons domiciled or residing in distant places. 
(3) The presiding judge, a commissioned judge or an entrusted judge may 
extend or shorten any period fixed by himself. 
Article 160 (Subsequent Completion of Proceedings) 
(1) In cases where a party could not observe the peremptory period due to 
cause not imputable to himself, he may subsequently complete the proceeding 
acts which he has failed to conduct within two weeks after the extinction of such 
cause: Provided, That for a party who is in a foreign country at the time such 
cause is extinguished, this period shall be thirty days. 
(2) The provisions of Article 159 shall not apply to the period as referred to in 
Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
SECTION 3 Service 
Article 161 (Principle of Service ex officio) 
In the absence of special provisions to the contrary, service shall be effected ex 
officio. 
Article 162 (Administration of Service) 
(1) Affairs relating to service shall be administered by the court official of Grade 
V, etc. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The administration of the service under Paragraph (1) may be entrusted to 
46 IPINIlIKORlI 
Page 230 
the court official of Grade V, etc. of a district court having jurisdiction over the 
place of the service. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 163 (Service Agency) 
(1) Service shall be carried out by mail or execution officer, or in such manner 
as prescribed by the Supreme Court Regulations. <Amended by Law No. 5002, 
Dec. 6, 1995> 
(2) Service by mail shall be carried out by a mailman. 
(3) If it is required for service, the service agency may request any assistance to 
police officials. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 164 (Service by Court Official of Grade V, etc.) 
(1) A court official of Grade V, etc. may effect service as to persons who have 
appeared before the court in respect of the particular case. <Amended by Law 
NO.4201,Jan. 13, 1990> 
(2) When a court official of Grade V, etc. delivers a document to the person on 
whom service is to be made and receives a receipt thereof in the court, it shall 
have the effect of a service. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 165 (Principle of Service by Delivery) 
(1) Except as otherwise provided, service shall be effected by delivering 
transcripts of documents to the person on whom the service is to be made. 
(2) In cases where a protocol has been prepared in lieu of the presentation of 
documents to be. served, transcripts or excerpts of the said protocol shall be 
delivered. 
Article 166 (Service to Incompetent Person) 
Service on an incompetent person in litigation capacity shall be made to his 
47 legal representative. 
Article 167 (Service on Joint Representatives) IPINIlIKORl1 
Page 231 
In cases where several persons exercise the right of representation jointly, it 
suffices to effect service upon anyone of them. 
Article 168 (Service on Persons Related to Military Affairs) 
Service on a person belonging to an office or vessel of military use shall be 
effected on the chief of such office or vessel. 
Article 169 (Service on Detainees) 
Service upon a person detained in a correction house or detention house shall 
be effected on the director of such institution. <Amended by Law No. 1499, Dec. 
13, 1963> 
Article 170 (Place of Service) 
(1) Service shall be made at the domicile, place of residence, place of business 
or office of the person on whom it is to be made. However, service on a legal 
representative may also be made at the place of business or office of the 
principal. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) Service may be effected at any place where the person on whom service is 
to be made may be encountered if that person has not any domicile, residence, 
place of business or office in Korea, or if they are unknown. 
(3) Service upon the person having domicile, place of residence, place of 
business or offic~ may also be effected at the place where he is encountered if 
he does not refuse to accept the service. 
Article 171 (Duty to Make Report of Recipient of Service) 
(1) In cases where a party, his legal representative or attorney does not have 
48 IP/NIl/KORll 
Page 232 
domicile, residence, place of business, or office in the location of the court with 
which the suit has been filed, he shall designate the place in the location of the 
court at which the service is to be made and the recipient of the service, and 
make report thereof to the court. 
(2) If a person on whom service is to be made fails to make report under 
Paragraph (1), documents to be served on such person may be sent by 
registered mai I to the place as provided in Paragraph (1) of Article 170. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The report under Paragraph (1) may be made even when the person on 
whom service is to be made has a domicile, residence, place of business or 
office at the location of the court with which the suit has been filed. 
Article 171-2 (Duty to report Change in Place of Service) 
(1) If any party, legal representative or attorney changes the place of service, he 
shall report it without delay to the court. 
(2) Service of documents to a person who fails to make a report under 
Paragraph (1), may be made by a registered mail to the place to which service 
has been made heretofore only when other places to be served are unknown. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 172 (Supplementary Service and Service by Leaving) 
(1) In cases where person on whom service is to be made is not met with at the 
place of service, the document may be delivered to a clerk, an employee, or a 
co-habitant who has sufficient intellect sensible to reason. 
(2) In cases wh~re a person who is to be served documents, has, without 
justifiable reasons, refused the receipt thereof, such documents may be left at 
the place where the service is to be effected. 
Article 173 (Service by Mail) 
49 IPlNlllKORll 
Page 233 
In cases where service cannot be effected in accordance with the provisions of 
Article 172, the court official of Grade V, etc. may dispatch the document by 
registered mail. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 174 (Systeme de lexpedition) 
When documents have been dispatched by mail in accordance with the 
provisions of Article 171 (2), 171-2 (2) or 173, they shall be considered to have 
been served at the time when they were dispatched. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 175 (Cases where Service is Restricted) 
(1) The permission of the presiding judge shall be obtained where service is to 
be effected by an execution officer or person as prescribed by the Supreme 
Court Regulations on Sundays and other general holidays, or before sunrise or 
after sunset. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 
1995> 
(2) When the permission under Paragraph (1) has been obtained, the court 
official of Grade V, etc. shall make an additional note to that effect on the 
document to be served. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) Service effected in violation of the provisions of Paragraphs (1) and (2) shall 
be effective only when the person to whom the document is to be delivered has 
received it. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 176 (Method of Service in Foreign Country) 
Service to be effected in a foreign country shall be entrusted to the Korean 
Ambassador, Minister or Consul stationed therein or the competent government 
authorities of that country by the presiding judge. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 177 (Service on Military Personnel at Front or Stationed Abroad) 
50 IP/N/lIKORlI 
Page 234 
(1) Service on members of the armed forces stationed at the front or abroad or 
on crews of vessels serving for the armed forces shall be entrusted to the 
commanding officer concerned by the presiding judge. 
(2) The provisions of Article 168 shall apply mutatis mutandis to the service 
mentioned in Paragraph (1). <Amended by Law No. 4201, Jan. 13, 1990> 
Article 178 (Certificate of Service) 
The agency which has effected service shall submit the reasons relating to 
service in writing to the court. 
Article 179 (Requirements for Service by Public Notice) 
(1) In the event that the domicile, residence or other place of service of a party 
is unknown, or that it is deemed impossible or ineffective to effect service in 
accordance with the provisions of Article 176 with respect to the service in a 
foreign country, the presiding judge may, upon his own authority or upon motion 
of parties, order the service by public notice. 
(2) In filing the motion under Paragraph (1), the minimal showing of its cause 
shall be presented. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 180 (Method of Service by Public Notice) 
(1) Service by public notice shall be made by placing the document to be served 
in the custody of the court official of Grade V, etc. and by posting a notice to that 
effect on the bulletin board of the court. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) The court may order to publish the matters of Paragraph (1) in the 
newspapers. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The service by public notice with respect to the service in a foreign country 
shall be effected by notifying the fact mentioned in the former part of Paragraph 
(1) to persons prescribed in Article 176 by registered mail. <Amended by Law 
51 No. 706, Sep. 1, 1961> 
Article 181 (Time when Service by Public Notice Takes Effect) IP/N/l/KORJl 
Page 235 
(1) The first service by public notice shall take effect upon the lapse of two 
weeks as from the day on which the posting under Paragraph (1) of Article 180 
has been made. However, the ensuing service by public notice to the same 
party shall take effect as from the next day of the posting. <Amended by Law 
No. 706, Sep. 1, 1961; Law No. 4201, Jan. 13, 1990> 
(2) Regarding the public notice made in connection with the service to be 
effected in a foreign country, the period as provided for in the text of Paragraph 
(1) shall be two months. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The period mentioned in Paragraphs (1) and (2) may not be shortened. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 182 (Powers of Commissioned Judge, etc. in Effecting Service) 
The powers of the presiding judge relating to service may be exercised by the 
commissioned judge, entrusted judge or the judges of the district court having 
jurisdiction over the place of service. 
SECTION 4 Judgment 
Article 183 (Final Judgment) 
When a trial has been completed, the court shall render a final judgment. 
Article 184 (Period in which Final Judgment Shall be Pronounced) 
Pronouncement of judgment shall be made within five months from the day on 
which the suit has been filed. However, in the appellate and reappeliate trials, it 
shall be made within five months from the day on which the record of the 
proceedings has been forwarded. <Amended by Law No. 1499, Dec. 13, 1963; 
Law No. 420, Jan. 13, 1990; Law No. 4769, Jul. 27,1994> 
52 IPINIlIKORJ1 
Page 236 
Article 185 (Partial Judgment) 
(1) The court may, when it has completed a part of suit, render a final judgment 
as to such part. 
(2) The provisions of Paragraph (1) shall apply mutatis mutandis to the case 
where the trial of one suit among several suits the pleading of which have been 
combined, is completed, and also to the case where the trial of either the 
principal suit or the cross action has been completed. 
Article 186 (Interlocutory Judgment) 
When a trial on an independent means of attack or defense, or on any other 
intermediate issue is required, the court may render an interlocutory judgment. 
The same shall apply to the cause of claim of a case where there exists a 
dispute concerning both the cause and the amount thereof. <Amended by Law 
No. 4201, Jan. 13, 1990> 
Article 187 (Principle of Free Conviction) 
The court shall determine the truthfulness of the allegation of facts upon the 
standpoint of the idea of social justice and equity complying with principles of 
logic and experience according to its free conviction, taking the whole purport of 
pleading and the result of the investigation of evidence into consideration. 
Article 188 (Principle of Disposition) 
The court shall not render judgment on matters which have not been claimed by 
parties. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 189 (Directness) 
(1) Judgment shall be made by judges who have participated in the oral 
proceeding which is the basis therefor. 
53 IPINIlIKORl1 
Page 237 
(2) In the case of any replacement of judges, parties shall state the result of the 
previous pleadings. 
(3) In the case of replacement of a single judge, the court shall, when parties 
make motion for re-examination of witnesses who have been formerly 
questioned, proceed to the examination thereof. The same shall apply in cases 
where the majority of judges of a collegiate department has been replaced. 
Article 190 (Effect of Judgment) 
A judgment shall take effect by pronouncement thereof. 
Article 191 (Method of Pronouncement of Judgment) 
Pronouncement of judgment shall be made by reading the text of the judgment. 
If it is necessary, gist of the reasons therefor may be explained. [This Article 
Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 192 (Date of Pronouncement) 
(1) Judgment shall be pronounced within two weeks from the day on which 
pleadings have been concluded. Even if a case is complicated or other special 
circumstances exist therein, pronouncement of a judgment shall not be delayed 
by more than four weeks from the day on which pleadings have been concluded. 
(2) Pronouncement of a judgment may be effected even where parties are not 
present in the court. 
Article 193 (Matters to be Entered in Judgment) 
(1) A judgment shall contain the following matters and bear the signatures and 
seals of the judges who rendered the judgment: <Amended by Law No. 706, 
Sep. 1, 1961> 
1. Parties and their legal representatives; 
2. Text; 
3. The purport of the claim and the purport of the appeal; 
54 IP/NI 1 IKORll 
Page 238 
4. Reasons; 
5. Date on which the pleadings were concluded; and 
6. The court. 
(2) The description of reasons shall manifest the court's opinion on all 
contentions and means of attack or defense of parties to the extent of 
establishing the propriety of the text. <Amended by Law No. 706, Sep. 1, 1961 > 
(3) In cases where any judge is prevented from signing and sealing on the 
judgment, another judge shall state the reason therefor and sign and seal 
thereon. 
Article 194 Deleted. <by Law No. 706, Sep. 1, 1961 > 
Article 195 (Delivery to Court Official of Grade V, etc.) 
A judgment shall be delivered to the court official of Grade V, etc. immediately 
after its pronouncement, and the court official of Grade V, etc. shall write 
additionally the judgment pronouncement date and receipt date, and affix his 
seal thereon. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 196 (Date of Service of Judgment) 
(1) The court official of Grade V, etc. shall serve a judgment upon parties within 
two weeks from the day on which he receives it. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(2) The service of the judgment shall be with the original. 
Article 197 (Correction of Judgment) 
(1) In cases where it is evident that there exist miscalculation, miswritings or 
any other similar errors in a judgment, the court may, at any time, upon motion 
of parties or upon its own authority, render a ruling of correction. 
(2) A ruling of correction shall be additionally entered into the original as well as 
55 IPINIlIKORJ1 
Page 239 
the exemplification of the judgment. However, such an additional entry cannot 
be made in the exemplification, an exemplification of the ruling shall be made 
and served on parties. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be made against a ruling of correction. However, 
this shall not apply to case where a lawful appeal has been lodged against the 
judgment itself. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 198 (Omission of Judgment) 
(1) In cases where the court has omitted judgment on a part of a claim, the case 
shall remain before the court in so far as such part of the claim is concerned. 
(2) In cases where a decision on costs of a suit has been omitted, the court 
shall, upon its own authority or upon motion of parties, render a decision 
thereon. In such cases, the provisions of Article 104 shall apply mutatis 
mutandis. 
(3) Decision concerning costs of a suit under the provisions of Paragraph (2) 
shall lose its effect in case a lawful appeal has been lodged against the 
judgment of the suit. In such cases, the appellate court shall render a decision 
on the total costs of the suit. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 199 (Pronouncement of Provisional Execution) 
(1) In a judgment on a claim for the property right, the court shall pronounce that 
a provisional execution may be carried into upon its own authority with or 
without any security, regardless of a request of parties unless there is any 
considerable reason: Provided, That in a judgment on a monetary claim for a bill 
or check, the court shall pronounce that the provisional execution may be 
carried into withowt any security. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The court may, on its own authority or upon motion of parties, pronounce 
that provisional execution may be exempted on furnishing security of the total 
amount of the claim. 
56 IP/N/1/KORll 
Page 240 
(3) The pronouncement under Paragraphs (1) and (2) shall be stated in the text 
of the judgment. 
Article 200 (Mutatis Mutandis Application of Provisions on Security for Costs of 
Suit) 
The provisions of Articles 112, 113, 115 and 116 shall apply mutatis mutandis to 
security under Article 199. 
Article 201 (Forfeiture of Effect of Pronouncement of Provisional Execution, 
Restoration and Compensation of Damages) 
(1) Pronouncement of provisional execution shall lose its effect upon 
pronouncement of a judgment, altering it or altering the merit of the case to the 
extent of such alteration. 
(2) The court shall, in cases where it renders a judgment altering the merit of 
the case, order the plaintiff in such judgment, upon motion of the defendant, to 
return what he has acquired by the pronouncement of the provisional execution 
or to compensate the damage incurred by the provisional execution or in the 
course of avoiding it. 
(3) The provisions of Paragraph (2) shall also apply to a judgment amending on 
the merit of the case subsequent to the alteration of a pronouncement of 
provisional execution. 
Article 202 (Objective Scope Covered by Res Judicata) 
(1) A judgment that has become final and conclusive shall have the effect of res 
judicata in so far as the matters contained in the text thereof are concerned. 
(2) An adjudication upon validity or invalidity of a claim asserted in set-off shall 
have the effect of res judicata only in respect of the amount pleaded by such 
set-off. 
Article 203 (Effect of Judgment Rendered by Foreign Court) 
57 IP/N/1/KORll 
Page 241 
A foreign judgment which has become final and conclusive shall be valid only 
upon the fulfilment of the following conditions: <Amended by Law No. 4201, Jan. 
13, 1990> 
1. That the jurisdiction of the foreign court is not denied in laws and 
regulations or in treaty; 
2. That the defeated defendant being a citizen of the Republic of Korea, 
received service of summons or any other orders necessary for the 
commencement of the suit other than by public notice or that he responded to 
the suit without being served; 
3. That the judgment of the foreign court does not violate good morals and 
the social order of the Republic of Korea; and 
4. That there is mutual guarantee. 
Article 204 (Subjective Scope Covered by Res Judicata) 
(1) A judgment which has become final and conclusive shall be binding on 
parties, successors after the closing of pleadings, or persons possessing the 
object of the claim on behalf of either of them. 
(2) In case as referred to in Paragraph (1), if a party has not stated as to the 
succession up to the closing of the pleading, it shall be presumed that such 
succession has been made after the closing of the pleading. <Amended by Law 
No. 4201, Jan. 13, 1990> 
(3) A judgment which became final and conclusive rendered to the person who 
became plaintiff or defendant for another person shall also be binding upon the 
other person. 
(4) The provisions of Paragraphs (1) to (3) shall apply mutatis mutandis to the 
pronouncement of provisional execution. 
Article 205 (Dismissal of Suit without Pleading) 
(1) An illegal suit the defects of which cannot be rectified, may be dismissed by 
a judgment without pleadings. 
58 IP/N/IIKORll 
Page 242 
(2) Deleted. <by Law No. 1499, Dec. 13, 1963> 
Article 206 (Effect of Protocol of Settlement, Waiver or Acknowledgement of 
Claim) 
When a settlement or a waiver or acknowledgement of a claim is entered in a 
protocol, such entry shall have the same effect as a judgment, which became 
final and conclusive. 
Article 207 (Notice of Ruling or Order) 
(1) A ruling or order shall take effect on being informed in such a manner as 
may be deemed appropriate. 
(2) A court official of Grade V, etc. shall make an additional entry to the original 
copy of the ruling as to the method, place and date of the notice, and shall sign 
and seal thereon. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 208 (Cancellation of Ruling and Orders relating to Control of Litigation) 
Rulings and orders relating to the control of litigation may be cancelled at any 
time. 
Article 209 (Objections to Disposition Taken by Court Official of Grade V, etc.) 
Objections to a disposition taken by a court official of Grade V, etc. shall be 
decided by a ruling by the court to which the court official of Grade V, etc. 
belongs. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 210 (Mutatis Mutandis Application of Provisions relating to Judgments) 
(1) The provisions relating to judgments shall apply mutatis mutandis to rulings 
and orders in so far as they are not inconsistent with the nature of the latter: 
Provided, That the signature of a judge may be substituted for a name-writing, 
59 and a mention of reason may be omitted. IP/N/l/KORlI 
Page 243 
(2) The provisions of Articles 248 and 250 of the Non-Contentious Case 
Procedure Act concerning the public prosecutor shall not be applicable to a 
judgment on a fine for negligence under this Act. <Amended by Law No. 4423, 
Dec. 14, 1991> [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
SECTION 5 Interruption and Suspension of Proceedings 
Article 211 (Interruption due to Death of Party) 
(1) Proceedings shall be interrupted upon the death of either party. In such a 
case, proceedings shall be taken over by his successor, the administrator of the 
inherited property, or any other person who is bound by laws to continue the suit. 
(2) The successor shall not take over the proceedings until such time as he is 
able to waive the succession. 
Article 212 (Interruption due to Merger of Juristic Person) 
(1) Proceedings shall be interrupted in case the juristic person who is a party 
ceases to exist by virtue of merger. In such cases, the juristic person 
established by merger or the juristic person continuing in existence after merger 
shall not take over the proceedings. 
(2) Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 213 (Interruption due to Loss of Litigation Capacity, Extinction of Legal 
Representation Authority) 
Proceedings shal.1 be interrupted in case a party loses litigation capacity or his 
legal representative dies or loses the right of representation. In such cases, the 
party who has recovered litigation capacity or the succeeding legal 
representative shall take over the proceedings. 
Article 214 (Interruption due to Termination of Duties of Trustee) 
60 IPlNlllKORll 
Page 244 
Proceedings shall be interrupted upon termination of the duties of a trustee 
under trust. In such cases, the new trustee shall take over the proceedings. 
Article 215 (Interruption due to Loss of Qualification) 
(1) Proceedings shall be interrupted in case a person who became a party to a 
suit in his own name on behalf of another person by reason of a certain 
qualification loses such qualification or dies. In this case, a person having the 
same qualification shall take over the proceedings. 
(2) In a suit in which persons to be parties have been appointed in accordance 
with the provisions of Article 49, the proceedings shall be interrupted if all the 
appointed parties die or lose their capacity. In such cases, all the members who 
made the appointment or newly appointed persons shall take over the 
proceedings. 
Article 216 (Exception in case Where there is Attorney) 
The provisions of Articles 211 (1),212 (1), 213 to 215 shall not apply so long as 
there is an attorney. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 217 (Interruption due to Bankruptcy of Party) 
In cases where a party has been adjudged bankrupt, the proceeding relating to 
the bankruptcy foundation shall be interrupted. In such case, if termination of 
bankruptcy proceedings had been effected prior to the taking over of 
proceedings in accordance with the Bankruptcy Act, the bankrupt shall take 
over the proceedings ipso jure. 
Article 218 (Interruption due to Termination of Bankruptcy Proceeding) 
Proceedings shall be interrupted in case termination of bankruptcy proceeding 
has been effected subsequent to the taking over of proceedings relating to the 
bankruptcy foundation in accordance with the Bankruptcy Act. In this case, the 
bankrupt shall take over the proceedings. 
61 IPIN/1IKORl1 
Page 245 
Article 219 (Right of Counter Party to Make Motion for Taking Over) 
The motion for taking over of proceedings may also be made by the counter 
party. 
Article 220 (Notification of Taking Over of Proceedings) 
In cases where a motion for the taking over of proceedings has been made, the 
court shall notify the other party thereof. 
Article 221 (Decision on Motion for Taking Over) 
(1) The court shall, upon its own authority, inquire into the motion for taking over 
of proceedings and shall dismiss it by ruling, if it deems groundless. 
(2) With regard to the taking over of such proceedings which have been 
interrupted after the service of judgment, the decision shall be rendered by the 
court which rendered the judgment. 
Article 222 (Continuation Order by Authority) 
The court may, even when parties do not take over the proceedings, order to 
continue the proceedings on its own authority. 
Article 223 (Suspension of Proceedings due to Court's Inability to Perform 
Functions) 
In the event that the court is unable to perform its functions by reason of natural 
calamity or any other impediment, the proceedings shall be suspended until 
such impediment,ceases to exist. 
Article 224 (Suspension of Proceedings due to Impediment of Indefinite 
Duration) 
(1) In cases where a party is unable to continue the proceedings due to an 
62 IPINIlIKORl1 
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impediment of indefinite duration, the court may order suspension thereof by 
ruling. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The court may revoke the ruling under Paragraph (1). 
Article 225 (Effect of Suspension of Proceedings) 
(1) Judgment may be pronounced even while the proceedings are under 
suspension. 
(2) Interruption or suspension of proceedings shall stop the running of period, 
and the running of period shall start again from the time of notice of taking over 
of proceedings or from the time of continuation of proceedings. 
BOOK 11 PROCEEDINGS IN FIRST INSTANCE 
CHAPTER I INSTITUTION OF SUIT 
Article 226 (Method of Institution of Suit) 
A suit shall be instituted by filing a complaint with the court. [This Article Wholly 
Amended by Law No. 4201, Jan. 13, 1990] 
Article 227 (Matters to be Stated in Complaint) 
(1) In the complaint, the names of parties and their legal representatives, and 
the purport and grounds of the claim shall be stated. 
(2) The provisions relating to briefs shall apply mutatis mutandis to a complaint. 
Article 228 (Suit for Confirmations of Authenticity of Document) 
A suit for confirmation may be instituted also for the purpose of determining the 
authenticity of a document purported to prove certain legal relation. 
Article 229 (Suit Claiming Future Performance) 
63 IPIN/1/KORll 
Page 247 
A suit claiming performance in the future may be instituted only where it is 
necessary to make such a claim in advance. 
Article 230 (Consolidation of Suits) 
Several claims may be filed in one suit so far as the same kind of proceedings 
is applicable to all of them. 
Article 231 (Right of Presiding Judge to Examine Complaint) 
(1) In cases where a complaint has been drawn up contrary to the provisions of 
Article 227 (1), the presiding judge shall fix an appropriate period and order to 
correct the defects within the period so fixed by him. The same shall apply to a 
case where stamps are not affixed to the complaint as required by the 
provisions of the law. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In cases where the plaintiff does not correct the defects, the presiding judge 
shall turn down the complaint by an order. 
(3) An immediate appeal may be made against the order under Paragraph (2). 
<Amended by Law No. 4201, Jan. 13, 1990> 
(4) Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 232 (Service of Complaint) 
(1) A duplicate of complaint shall be served on the defendant. 
(2) The provisions of Article 231 shall apply mutatis mutandis where the 
duplicate of complaint service can be effected. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 233 (Designation of Date of Pleadings) 
In cases where a suit has been instituted, the presiding judge shall fix without 
64 IP/NIlIKORl 1 
Page 248 
delay the date of the pleading and summon parties to appear. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 234 (Prohibition of Double Suits) 
With regard to a case pending before a court, neither party may bring a suit 
again. 
Article 234-2 (Change Defendant) 
(1) If it is turned out obviously that the plaintiff designated wrongly the defendant, 
the court of the first instance may, upon a request of the plaintiff, permit a 
change of the defendant by decision until the pleading is closed: Provided, That 
after the defendant submits preparatory documents on the merits, or makes a 
statement or pleading in the preparatory proceedings, his consent is required. 
(2) Change of the defendant shall be requested in writing. 
(3) The documents as referred to in Paragraph (2) shall be served to the other 
party except in case where the duplicate of complaint is not served to the 
defendant. 
(4) If the defendant fails to make an objection within two weeks after he has the 
document as referred to in Paragraph (3) served, he shall be considered to 
have given his consent under the proviso of Paragraph (1). [This Article Newly 
Inserted by Law No. 4201, Jan. 13, 1990] 
Article 234-3 (Service, etc. of Decision on Request for Change) 
(1) Any decision on a request under Article 234-2 (1) shall be served to the 
defendant except in case the duplicate of complaint is not served to the 
defendant. 
(2) When the request is permitted, the original of such decision and a duplicate 
of complaint shall be served to the new defendant. 
65 IP/N/lIKORll 
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(3) The immediate appeal may be made against the decision to permit a 
hange only in a case where the cause of appeal is a lack of consent. 
(4) When a decision is made in permission of a request, the previous action 
against the defendant shall be considered to have been withdrawn. [This Article 
Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 235 (Change in Claim) 
(1) A plaintiff may, to the extent that the basis of the claim is not changed, alter 
the gist or the grounds of the claim up to the closing of pleadings. However, this 
shall not apply to a case where a conspicuous delay in the proceedings may be 
resulted thereby. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) A change of the purport of the claim shall be made in writing. 
(3) The writing mentioned in Paragraph (2) shall be served on the other party. 
Article 236 (Disapproval of Change in Claim) 
The court shall, when it deems that the change of purport or cause of claim is 
improper, render, upon its own authority or upon motion of the other party, a 
ruling to the effect that such change shall not be permitted. <Amended by Law 
No. 4201, Jan. 13,1990> 
Article 237 (Suit for Interlocutory Confirmation) 
(1) In the event that a judgment depends on the establishment or non­
establishment of a legal relation which has become an issue in the course of the 
proceedings, a party may apply for the confirmation judgment on that legal 
relations. Howev~r, this shall apply only to such cases where the claim for 
confirmation does not fall under the exclusive jurisdiction of another court. 
<Amended by Law No. 706, Sep. 1, 1961; Law No. 4201, Jan. 13, 1990> 
(2) The claim under the provisions of Paragraph (1) shall be made in writing. 
<Amended by Law No. 706, Sep. 1, 1961 > 
66 IP/N/lIKORJ1 
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(3) The document mentioned in Paragraph (2) shall be served on the other 
party. 
Article 238 (Time when Interruption of Prescription Takes Effect) 
The judicial claim necessary for interrupting prescription or for observing a legal 
period shall take effect at the time when the suit has been brought or when the 
paper under the provisions of Article 234-2 (2), 235 (2) or 237 (2) has been 
submitted to the court. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 239 (Withdrawal of Suit) 
(1) A suit may be withdrawn in whole or in part up to the time when the 
judgment becomes final and conclusive. 
(2) The withdrawal of a suit made after the other party submitted briefs 
regarding the merits of the case, or he made statement in the preliminary 
proceedings or proceeded with pleadings, shall not take effect unless the 
consent of the other party is obtained. 
(3) The withdrawal of a suit shall be made in writing. However, it may be 
effected orally at the pleading or preliminary proceedings. <Amended by Law 
No. 4201, Jan. 13, 1990> 
(4) After the service of the complaint, the paper of withdrawal shall be served on 
the other party. 
(5) In cases where the other party has not appeared in the case of the proviso 
of Paragraph (3), the transcript of the protocol of the pleading or the preliminary 
proceedings shall be served upon him. <Amended by Law No. 4201, Jan. 13, 
1990> 
(6) In cases where the other party has not raised an objection to the withdrawal 
within two weeks from the day on which a document thereof was served on him, 
he shall be considered to have consented thereto. The same shall, under such 
67 IPINIlIKORl1 
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cases as mentioned in the proviso of Paragraph (3), apply to a case where the 
other party does not make objection within two weeks from the day on which the 
suit was withdrawn in the event that he appeared at the prescribed day or from 
the day on which the transcript as mentioned in Paragraph (5) was served in the 
event that he did not appear at the prescribed day. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 240 (Effect of Withdrawal of Suit) 
(1) A suit shall be considered to have never been pendent before the court so 
far as the part withdrawn is concerned. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) A person who has withdrawn a suit after the final judgment on the merits of 
the case had been rendered, shall not bring the same suit again. 
Article 241 (Non-appearance of Both Parties) 
(1) In cases where both parties to a suit have not appeared on the date for 
pleading, or have not conducted pleading even if they have appeared, the 
presiding judge shall fix another date for the pleading and shall summon both 
parties. 
(2) In cases where both parties have not appeared on the new date mentioned 
in Paragraph (1) or another subsequent date, or have not conducted pleadings 
even if they have appeared, if any of the parties fails to request a designation of 
date within a month, it shall be considered that the suit has been withdrawn. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) If both parties fail to appear on the date designated by a request for 
designation of date under Paragraph (2) or on subsequent date, or they fail to 
make a pleading even if they have appeared, the lawsuit shall be considered to 
be withdrawn. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) The provisions of Paragraphs (1) to (3) shall apply mutatis mutandis to the 
proceedings of appeal. However, in the proceedings of appeal, it shall be 
68 IP/N/lIKORll 
Page 252 
considered that appeal has been withdrawn. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 242 (Counter Claim) 
(1) The defendant may bring a counter claim to the court where the suit is 
pending up to the conclusion of the pleadings., unless it delays remarkably the 
legal procedure. However, this shall only apply to a case where the claim does 
not come under the exclusive jurisdiction of another court and it is relevant to 
the subject-claim or the means of defense of the principal suit. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(2) In the event that the principal suit is a case to be handled by a single judge 
and the defendant files a counter claim falling under the jurisdiction of collegiate 
department, the court shall, upon its own authority or upon motion of parties, 
transfer both suits to the collegiate department by ruling. 
Article 243 (Procedure for Counter Claim) 
The provisions relating to principal suits shall apply mutatis mutandis to counter 
claim. 
Article 244 (Withdrawal of Counter Claim) 
In the event that a principal suit has been withdrawn, the defendant may 
withdraw the counter claim without the consent of the plaintiff. 
CHAPTER 11 PLEADING AND PREPARATION THEREFOR 
Article 245 (Concentration and Preparation of Pleading) 
The pleading shall be concentrated and the parties shall prepare it in writing. 
[This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 246 (Exception Applicable to Cases Presided over by Single Judge) 
69 IP/N/lIKORll 
Page 253 
The pleading in cases presided over by a single judge may be prepared without 
writing. However, this shall not apply to matters which can not be orally stated 
unless the other party prepares it in writing. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 247 (Submission of Briefs) 
(1) Briefs shall be submitted to the court by providing such interval period as 
may be necessary for the other party to make preparation with regard to the 
matters as stated therein, and the court shall serve it's duplicate upon the other 
party. 
(2) The presiding judge may fix the period within which briefs shall be submitted. 
Article 248 (Matters to be Entered in Briefs) 
A brief shall contain the following matters, and be signed and sealed by the 
party or his representative: <Amended by Law No. 4201, Jan. 13, 1990> 
1. Names, titles or trade names and domiciles of parties; 
2. Names and domiciles of representatives; 
3. Indication of the case; 
4. Means of attack and defense; 
5. Statement against the claim of the other party and his means of attack and 
defense; 
6. Indication of the attached documents; 
7. Date; and 
8. Indication of the court. 
Article 249 (Documents Attached to Briefs) 
(1) Documents held by a party and referred to in briefs shall be attached to the 
briefs in transcript. 
(2) If only a part of a document is necessary, it suffices to attach an extract, and 
if the document is voluminous, it suffices to indicate the document. 
70 IP/N/lIKORlI 
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Article 250 (Other Party's Right to Peruse) 
The other party shall be allowed, upon his demand, to peruse the original of the 
document referred to in Article 249. 
Article 251 (Effect of Non-entry in Briefs) 
Facts not stated in briefs may not be asserted in pleadings unless the other 
party is present in court.· However, this shall not apply to cases where briefs are 
not necessary pursuant to the provisions of Article 246. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 252 (Attachment of Translation) 
A translation shall be attached to a document written in a foreign language. 
Article 253 (Commencement of Preliminary Proceedings) 
The court may, when it deems necessary in hearing cases in the collegiate 
department, order its member to conduct preliminary proceedings of pleading 
for the whole or a part of the suit or for a specific issue thereof. 
Article 254 (Protocol of Preliminary Proceedings) 
In the protocol of preliminary proceedings, the matters as prescribed in 
Subparagraphs 4 and 5 of Article 248 according to the statement of the party 
and especially statements regarding evidence shall be stated clearly. 
Article 255 (Non appearance of Either Party) 
In the event that pne of the parties does not appear on the date, a transcript of 
the protocol referred to in Article 254 may be served on such party, and both 
parties may be summoned to appear on a newly fixed date. 
Article 256 (Briefs in Preliminary Proceedings) 
71 (1) The commissioned judge may have parties submit briefs. IP/N/liKORl1 
Page 255 
(2) In the case of Paragraph (1), the provisions of Article 247 shall apply mutatis 
mutandis. 
Article 257 (Conclusion due to Negligence of Party) 
In cases where a party does not appear on the date, or does not submit briefs 
within the period fixed by the commissioned judge, the commissioned judge 
may conclude the preliminary proceedings. 
Article 258 (Presentation to Pleading) 
Parties shall state the result of the preliminary proceedings at pleading. 
Article 259 (Effect of Conclusion of Preliminary Proceedings) 
(1) The matters that have not been entered into the protocol may not be 
asserted at pleadings. However, this shall not apply to a case where the said 
matters are those which should be investigated upon the court's own authority 
or those which do not conspicuously delay the litigation or where it was 
minimally shown that those could not be presented to the preliminary 
proceedings without any gross negligence. <Amended by Law No. 4201, Jan. 
13, 1990> 
(2) The proviso of Paragraph (1) shall not preclude the application of the 
provisions of Article 251. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The matters mentioned in the complaint, or in the briefs submitted prior to 
the preliminary proceedings, may be asserted at pleadings even though they 
have not been entered into the protocol. 
Article 260 (Mutatis Mutandis Application to Preliminary Proceedings) 
The provisions of Articles 125 to 128, Article 130, Articles 132 to 140, and 
Article 241 shall apply mutatis mutandis to preliminary proceedings. 
72 IPINlllKORll 
Page 256 
CHAPTER III EVIDENCE 
SECTION 1 General Rules 
Article 261 (Facts not Required to be proved) 
The facts confessed by the other party in the court and those which are obvious 
need not be proved. However, confession contrary to the truth may be revoked 
when it is proved that the confession was made due to mistake. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 262 (Method of Offering Evidence) 
(1) Offer of evidence shall be made by indicating the facts to be proved thereby. 
(2) Offer of evidence may be made even before the date. 
Article 263 (Adoption or Rejection of Evidence Offered) 
The evidence offered by a party need not be examined if the court deems it 
unnecessary. However, this shall not apply to the sole evidence offered to prove 
a party's alleged facts. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 264 (Impediment in Investigation of Evidence) 
In cases where there is an impediment of an indefinite duration with respect to 
the investigation of evidence, the court may dispense with the investigation 
thereof. 
Article 265 (Investigation of Evidence upon Authority) 
The court may, if it is unable to get confidence by evidence offered by parties, or 
if it deems necessary, conduct investigation of evidence upon its own authority. 
Article 266 (Entrustment of Investigation) 
73 IP/N/lIKORll 
Page 257 
The court may entrust a public office, school or any other organization or a 
foreign public office with necessary investigation. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 267 (Nonappearance of Party) 
The investigation of evidence may be undertaken even if a party does not 
appear on the date. 
Article 268 (Investigation of Evidence in Foreign Country) 
(1) The investigation of evidence to be undertaken in a foreign country shall be 
entrusted to the Korean ambassador, minister or consul stationed in that 
country, or a competent public office of that country. 
(2) The investigation of evidence in a foreign country shall, even if it 
contravenes the laws of that country, be valid so far as it does not contravene 
this Code. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 269 (Investigation of Evidence out of Court) 
(1) The court may, if deemed necessary, undertake investigation of evidence out 
of court. In this case, it may entrust a constituent member of the collegiate court 
or a judge of another district court to undertake the investigation. 
(2) The entrusted judge may, if deemed necessary, further entrust investigation 
of evidence to the judge of another district court. In this case, he shall notify of 
the said effect to the court of the suit and parties. 
Article 270 (Forwarding of Record by Entrusted Judge) 
The entrusted judge shall, without delay, forward the record relating to 
investigation of evidence to the court of the suit. 
Article 271 (Method of Showing Cause) 
74 IPINIlIKORl1 
Page 258 
(1) The minimal showing of cause shall be effected by evidence which can be 
examined immediately. 
(2) The court may have a party or his legal representative deposit security 
money or have him take oath on the truth of his assertion and thereby substitute 
for showing cause. 
(3) The provisions of Article 291, Paragraphs (1), (3) and (4) of Article 292 and 
Article 293 shall apply mutatis mutandis to the oath under Paragraph (2). 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 272 (Confiscation of Security Money) 
In cases where a party or his legal representative who had deposited security 
money in accordance with the provisions of Paragraph (2) of Article 271 has 
made a false statement, the court shall confiscate the security money by ruling. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 273 (Sanction against False Statement) 
In cases where a party or a legal representative who had taken an oath in 
accordance with the provisions of Paragraph (2) of Article 271 has made a false 
statement, the court shall impose upon him a fine for negligence not exceeding 
five hundred thousand Won by ruling. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 274 (Appeal) 
An immediate appeal may be made against rulings under Articles 272 and 273. 
<Amended by Law No. 4201, Jan. 13, 1990> 
SECTION 2 Examination of Witness 
Article 275 (Duty to be Witness) 
75 IP/N/1/KORJl 
Page 259 
(1) Except as otherwise provided, the court may examine any person as a 
witness. 
(2) The President, the Speaker of the National Assembly, the Chief Justice of 
the Supreme Court and the president of the Constitution Court or the person 
who has assumed such offices shall not be examined as a witness regarding 
official secrets without obtaining his consent thereto. <Amended by Law No. 
4201, Jan. 13, 1990; Law No. 4408, Nov. 30,1991> 
Article 276 (Examination of Public Officials) 
(1) In the event that the court is to examine a public official or a person who was 
a public official as a witness regarding official secrets, it shall obtain the 
approval of the competent or supervising government office. 
(2) The government office mentioned in Paragraph (1) may not refuse to give 
approval except in cases where vital national interest could be impaired. 
Article 277 (Examination of Member of State Council) 
In the event that the court is to examine any member of the State Council or a 
person who once occupied such post as a witness regarding official secrets, it 
shall obtain approval from the State Council. 
Article 278 (Examination of Member of National Assembly) 
In the event that the court is to examine a member of the National Assembly or 
a person who was such member as a witness regarding official secrets, it shall 
obtain approval from the Assembly. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 279 (Limitation to Right to Refusal) 
In the cases mentioned in Articles 277 and 278, the State Council or the 
National Assembly may not refuse to give approval except in cases where vital 
national interest could be impaired. 
76 IP/N/lIKORlI 
Page 260 
Article 280 (Offer of Examination of Witness) 
Offer of examination of a witness shall be made by designating the witness. 
Article 281 (Matters to be Entered in Writ of Summons) 
The following matters shall be entered in a writ of summons for a witness: 
1. Indication of parties; 
2. The gist of the inquiries to be put to him; and 
3. The legal sanction in the event of non-appearance. 
Article 281-2 (Testimony by Authenticated Certificate) 
When the court deems it is sufficient to make a statement in writing, taking into 
consideration shapes of things or contents of supporting evidence, it may have 
a witness present the original of authenticated certificate stating answers to 
interrogatory in lieu of appearance and testimony unless the other party makes 
an objection. [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 282 (Fine for Negligence, etc. for Non-appearance of Witness) 
(1) In cases where a witness fails to appear without justifiable reasons, the court 
shall, by a ruling, order him to bear the lawsuit costs incurred thereby, and 
impose on him a fine for negligence not exceeding five hundred thousand Won. 
(2) The immediate appeal may be made against a decision as referred to in 
Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 283 (Taking in Custody of Non-appearing Witness) 
(1) The court may order the taking in custody of a witness who fails to appear 
without justifiable reasons. 
(2) The provisions of the Code of Penal Procedure relating to taking in custody 
shall apply mutatis mutandis to the taking in custody under Paragraph (1). 
77 IP/N/IIKORlI 
Page 261 
Article 284 (Examination of Witness by Commissioned or Entrusted Judge) 
In the following cases, the court may have a commissioned judge or an 
entrusted judge undertake examination of witness: 
1. In cases where the witness is unable to appear before the court of suit due 
to justifiable reasons; and 
2. In cases where undue expense or time is needed for the witness to make 
appearance before the court of suit. 
Article 285 (Right to Refuse to Testify) 
A witness may refuse to testify in case where his testimony relates to such 
matters as may cause prosecution or conviction or as may bring disgrace to 
himself or to the following persons: 
1. Relatives, family head or family members of the witness or a person who 
was in any of the aforesaid relationship with the witness; and 
2. Guardian of the witness or person under the guardianship of the witness. 
Article 286 (Right to Refuse to Testify) 
(1) A witness may refuse to testify in the following cases: <Amended by Law No. 
4201, Jan. 13, 1990> 
1. In cases where a lawyer, patent attorney, notary public, certified public 
accountant, licensed tax accountant, medical persons, pharmaceutists, or an 
occupant of a post responsible for keeping secret under laws and regulations, 
or a post connected with religion or a person who was in such profession, is 
questioned on secret matters which came to his knowledge in the course of 
performing his professional duties; and 
2. In cases where he is questioned on matters relating to a technical or 
professional secret. 
(2) The provisions of Paragraph (1) shall not apply where the witness has been 
released from his duty to keep secret. 
78 IPIN/1/KORll 
Page 262 
Article 287 (Showing of Grounds for Refusal) 
The grounds for refusal of testimony shall be minimally shown by evidence. 
Article 288 (Adjudication on Refusal of Testimony) 
(1) The court of suit shall adjudicate on the propriety of refusal of testimony after 
interrogating the parties. 
(2) The parties or the witness may file an immediate appeal against the 
adjudication regarding refusal of testimony. 
Article 289 (Sanction against Refusal of Testimony) 
The provision of Article 282 shall apply mutatis mutandis in a case where a 
witness has refused to testify after an adjudication to the effect that his refusal 
had no grounds has become final and conclusive. 
Article 290 (Duty to Take Oath) 
The presiding judge shall have a witness take on oath prior to examination. 
However, he may administer it after examination in cases where a special 
reason exists. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 291 (Warning of Penalty on Perjury) 
The presiding judge shall, prior to administering oath, explain the purport of oath 
and give warning of the penalty on perjury. 
Article 292 (Manner of Taking Oath) 
(1) The oath shall be administered in accordance with the written oath. 
(2) The written oath shall state as follows: "I swear that I will conscientiously 
speak the truth without concealing or adding anything and will be subject to the 
penalty of perjury in case of false statement." <Amended by Law No. 4201, Jan. 
79 13, 1990> IP/N/lIKORJl 
Page 263 
(3) The presiding judge shall cause a witness to read the written oath aloud and 
to sign and seal thereto. If the witness is unable to read it aloud or to sign and 
seal, the presiding judge shall cause the participating court official of Grade V, 
etc. to do it instead. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) The witness shall take an oath solemnly standing up. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 293 (Incompetency for Taking Oath) 
An oath shall not be taken for examination of the following persons as 
witnesses: 
1. Persons under sixteen years of age; and 
2. Persons who are unable to comprehend the purport of an oath. 
Article 294 (Cases Where Taking Oath is Exempted) 
Taking an oath may be dispensed with in examining such witness as coming 
under the provisions of Article 285 and not refusing to testify. 
Article 295 (Right to Refuse to Take Oath) 
A witness may refuse to take an oath if he is to be questioned regarding matters 
in which he himself is, or the persons specified in Article 285 are, vitally 
interested. 
Article 296 (Entry in Protocol) 
In cases where a, witness has been examined without taking an oath, the said 
effect and the reason therefor shall be entered in the protocol. 
Article 297 (Sanction against Refusal of Taking Oath) 
The provisions of Articles 282, 287 and 288 shall apply mutatis mutandis where 
80 IP/NI 1 IKORll 
Page 264 
a witness refuses to take an oath. 
Article 298 (Method of Examining Witness) 
(1) A witness shall be examined first by the party who requested his 
appearance, and shall be examined thereafter by the other party. 
(2) The presiding judge may examine the witness after the examination in 
Paragraph (1) has been completed. 
(3) The presiding judge may, if he deems necessary, irrespective of the 
provisions of Paragraphs (1) and (2), examine the witness at any time. 
(4) In cases where the examination by parties is repetitive, irrelevant to the 
issue, or other special circumstances exist, the court may restrict the 
examination of parties. 
(5) A member of a collegiate department may examine a witness upon notifying 
the presiding judge. [This Article Wholly Amended by Law No. 706, Sep. 1, 
1961] 
Article 299 Deleted. <by Law No. 706, Sep. 1, 1961 > 
Article 300 (Exception to Separate Examination) 
(1) Each witness shall be examined separately. <Amended by Law No. 706, 
Sep. 1, 1961> 
(2) In cases where a witness who has not been examined is present in the court 
room, the presiding judge shall order him to leave the court room. However, the 
presiding judge, may, if he deems necessary, have the witness to be 
subsequently examined remain in the court room. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 301 (Confrontation Examination) 
81 IP/N/lIKORlI 
Page 265 
The presiding judge may, if he deems necessary, order witnesses to be 
examined face to face at the same time. <Amended by Law No. 706, Sep. 1, 
1961> 
Article 302 (Witness's Duty to do Acts) 
The presiding judge may, if he deems necessary, have a witness write letters of 
characters or conduct other necessary acts. 
Article 303 (Principle of Oral Statement) 
A witness shall not testify by written statement. However, this shall not apply to 
cases where permission of the presiding judge has been obtained. <Amended 
by Law No. 4201, Jan. 13, 1990> 
Article 304 (Authority of Commissioned Judge and Entrusted Judge) 
In the event that a commissioned judge or an entrusted judge conducts an 
examination of a witness, he shall perform the function of the court as well as 
the presiding judge. <Amended by Law No. 1499, Dec. 13, 1963> 
SECTION 3 Expert Testimony 
Article 305 (Mutatis Mutandis Application of Provisions relating to Examination 
Witnesses) 
The provisions of Section 2 shall apply mutatis mutandis to expert testimony, 
except in case of provisions of Article 283. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 306 (Obligation to Give Expert Testimony) 
(1) Any person who is possessed of erudition and/or experience necessary for 
giving expert testimony shall bear the obligation to give such testimony. 
(2) Any person who may refuse to testify or to take oath in accordance with the 
82 IP/N/l/KORJl 
Page 266 
provisions of Article 285 or 295, or who is mentioned in Article 293 shall not be 
an expert witness. 
Article 307 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 308 (Appointment of Expert Witness) 
An expert witness shall be appointed by the court of suit, a commissioned judge 
or an entrusted judge. 
Article 309 (Challenge to Expert Witness) 
In cases where there are such circumstances as preventing an expert witness 
from giving expert testimony faithfully, the parties may challenge him. However, 
in cases where the parties have come to know the existence of the causes of 
challenge prior to testimonying the matters to be witnessed, the parties shall not 
challenge him after the statement of his appraisal. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 310 (Procedure for Challenge) 
(1) A motion of challenge shall be made to the court of the suit, the 
commissioned judge or the entrusted judge. 
(2) The grounds for challenge shall be minimally shown by evidence. 
(3) No appeal shall be made against a decision upholding the challenge; an 
immediate appeal may be filed against a decision ruling the challenge 
groundless. 
Article 311 (Method of Taking Oath) 
The written oath shall state as follows: "I swear that I will give my opinion 
faithfully in accordance with my conscience and will be subject to the penalty of 
false expert testimony in case of any falsehood in my opinion." <Amended by 
Law No. 4201, Jan. 13,1990> 
83 Article 312 (Method of Stating Expert Opinion) IP/N/l/KORll 
Page 267 
The presiding judge may have expert witness express their opinions jointly or 
separately either in writing or orally. 
Article 313 (Expert Witness) 
Examination relating to facts of which he has come to knowledge by erudition or 
experience, shall be governed by the provisions relating to the examination of a 
witness. 
Article 314 (Entrustment for Expert Opinion) 
(1) The court may, if it deems necessary, request a public office, school or any 
other organization possessed of adequate equipment or foreign public office to 
furnish expert opinions. In this case, the provisions relating to oaths shall not 
apply. 
(2) The court may, if it deems necessary in the case of Paragraph (1), have the 
person designated by such public office, school or any other organization or 
foreign public office explain the written expert opinion. 
Article 314-2 (Disposition Decessary for Appraisal) 
(1) If it is required for an appraisal, the expert witness may enter any land, 
residence, guarded house, building, aircraft, vessel, vehicle and other 
installations of another person with a permission of the court. 
(2) In case as referred to in Paragraph (1), if the expert witness meets with any 
resistance, he mCiY request any assistance to policemen. [This Article Newly 
Inserted by Law No. 4201, Jan. 13, 1990] 
SECTION 4 Documentary Evidence 
Article 315 (Method of Offering Documentary Evidence) 
84 IP/N/IIKORll 
Page 268 
Offering of documentary evidence shall be made by presenting the document, 
or by applying for an order of production addressed to the person holding the 
document. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 316 (Obligation to Produce Document) 
The holder of a document shall not refuse to produce it in the following cases: 
1. When the party himself possesses the document which he has referred to 
in the suit; 
2. When the applicant is entitled to demand the holder of the document the 
delivery or the perusal thereof; and 
3. When the document has been made out for the benefit of the applicant, or 
concerning a legal relation between the applicant and the holder thereof. 
Article 317 (Method of Applying for Order for Production of Document) 
A motion applying for production of a document shall clearly indicate the 
following matters: 
1. Indication of the document; 
2. Gist of the document; 
3. The holder of the document; 
4. The fact to be proved; and 
5. The grounds of the obligation to produce the document. 
Article 318 (Decision of Approval or Disapproval on Motion for Production of 
Document) 
(1) The court shall, in case it deems the motion for the production of documents 
well-founded, order the holder of documents the submission thereof. 
(2) In cases where the court orders a third person to produce a document, it 
may examine the said person. 
Article 319 (Appeal) 
85 IP/NIl/KORJI 
Page 269 
An immediate appeal may be made against a ruling on an application for an 
order for the production of a document. 
Article 320 (Effect of Nonproduction of Document) 
In cases where a party does not comply with an order for the production of a 
document, the court may deem that the allegations of the other party relating to 
such document are true. 
Article 321 (Effect of Prevention of Use by Party) 
In cases where a party, with the object of preventing the use by the other party 
of a document which he is ordered to produce, destroys the same or otherwise 
renders it unfit for use, the court may deem that the allegations of the other 
party relating to such document are true. 
Article 322 (Sanction against Nonproduction of Third Person) 
(1) In cases where a third party fails to comply with an order for the production 
of a document, the court shall impose by ruling upon him a fine for negligence 
not exceeding five hundred thousand Won. 
(2) An immediate appeal may be made against such ruling as referred to in 
Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 323 (Request for Transmission of Document) 
Motion for adduction of a documentary evidence may be made by applying to 
the court to have holder of the said document forward thereof irrespective of the 
provisions of Article 315. However, this shall not apply to such cases where the 
party is entitled to demand for the delivery of an exemplification or a transcript 
of the document by virtue of laws and regulations. <Amended by Law No. 1499, 
Dec. 13, 1963; Law No. 4201, Jan. 13, 1990> 
Article 324 (Retention of Produced Document) 
86 IPINlllKORll 
Page 270 
The court may, when it deems necessary, retain the document which has been 
produced or forwarded. 
Article 325 (Examination by Commissioned Judge or Entrusted Judge) 
(1) In the event that a commissioned judge or an entrusted judge is conducting 
examination of evidence regarding a document in accordance with the 
provisions of Article 269, the court may decide the matters to be entered in the 
protocol. 
(2) An exemplification or a transcript of a document shall be attached to the 
foregoing protocol as referred to in Paragraph (1). <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 326 (Method of Production of Document) 
(1) Production or transmission of a document shall be made by that of the 
original, an exemplification or an authenticated transcript. 
(2) The court may, if it deems necessary, order the production or forwarding of 
the original copy. 
(3) The court may have a party submit an exemplification or an excerpt of a 
document which he has referred to. 
Article 327 (Presumption of Authenticity of Official Document) 
(1) A document, when it is deemed to have been made out by a public official in 
the exercise of his duties in view of the formality and purport thereof, shall be 
presumed to be an authentic official document. 
(2) If there is any doubt as to the authenticity of an official document, the court 
may make inquiries to the concerned public office upon its own authority. 
(3) The provisions of Paragraphs (1) and (2) shall apply mutatis mutandis to 
documents which are deemed to have been made out by a foreign public office. 
87 Article 328 (Authenticity of Private Document) 
The authenticity of a private document shall be proven. 
Article 329 (Presumption of Authenticity of Private Document) IP/N/1IKORl1 
Page 271 
A private document shall be presumed to be authentic if it bears the signature 
or seal of the principal or of his representative. 
Article 330 (Comparison of Handwriting or Impression of Seal) 
The authenticity of a document may be proven by a comparison of handwriting 
or impression of seals. 
Article 331 (Procedure for Production of Documents for Comparison) 
(1) The provisions of Article 315, Articles 318 to 321 and Articles 323 to 325 
shall apply mutatis mutandis to the production or forwarding of documents or 
any other articles bearing handwriting or seal impressions to be used for 
comparison. 
(2) In cases where a third person fails, without justifiable reasons, to comply 
with an order for production under the provisions of Paragraph (1), the court 
shall impose upon him, by ruling, fine for negligence not exceeding five hundred 
thousand Won. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be made against such ruling as referred to in 
Paragraph (2). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 332 (Other Party's Duty to Write) 
(1) In cases where there is no suitable handwriting for comparison, the court 
may order the other party to write down words in order to be used for 
comparison. 
88 IPlNlllKORll 
Page 272 
(2) In cases where the other party, without justifiable reasons, does not comply 
with the order of the court under the provisions of Paragraph (1), the court may 
deem the assertion of the applicant in respect to the authenticity of the 
document to be true. The same shall apply where the writing has been done in 
a disguised manner. 
Article 333 (Attachment of Document for Comparison) 
The original, an exemplification or an excerpt of the document to be used for 
comparison shall be attached to the protocol. 
Article 334 (Sanction Against Denial of Authenticity of Document) 
(1) In cases where a party or his representative disputes the authenticity of a 
document contrary to the truth intentionally or by grave negligence, the court 
shall impose on him, by ruling, a fine for negligence not exceeding five hundred 
thousand Won. 
(2) An immediate appeal may be made against a ruling as referred to in 
Paragraph (1). 
(3) In the case as referred to in Paragraph (1), if a party or his representative 
who has disputed the authenticity of the document, later acknowledges the 
authenticity during the pendency of the suit, the court may revoke the ruling 
made under Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 
13, 1990] 
Article 335 (Quasi-Document) 
The provisions of this Section shall apply mutatis mutandis to such articles 
made for evidential purposes but which are not documents. <Amended by Law 
No. 4201, Jan. 13, 1990> 
SECTION 5 Inspection 
Article 336 (Application for Inspection) 
89 Application for inspection shall indicate the purpose of inspection. 
Article 337 (Expert Testimony at the Time of Inspection) IP/N/lIKORl1 
Page 273 
A commissioned judge or an entrusted judge may, when it deems necessary, 
order an expert testimony or examine witnesses. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 338 (Procedure for Presentation of Objects to be Inspected) 
(1) The provisions of Article 315, Articles 318 to 321 and Articles 323 to 325 
shall apply mutatis mutandis to the production or forwarding of the objects to be 
inspected. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In cases where a third person has failed to comply with an order concerning 
production of evidence under Paragraph (1) without justifiable reasons, the 
court shall impose on him by ruling a fine for negligence not exceeding five 
hundred thousand Won. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be filed against such ruling as referred to in 
Paragraph (2). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
SECTION 6 Examination of Parties 
Article 339 (Supplementary Nature of Examination of Parties) 
The court may, upon its own authority or on motion of parties, examine parties 
themselves, if it is unable to get a conviction by examination of other evidences. 
In this case, parties may be caused to take an oath. 
Article 340 (Confrontation) 
The presiding judge may, if deemed necessary, order parties to confront each 
other or with other witness. 
90 IP/N/l/KORJl 
Page 274 
Article 341 (Obligation to Appear, Take an Oath and Testify) 
In the event that a party does not respond to summons or refuses to take an 
oath or to make a statement without justifiable reason, the court may deem the 
assertion of the other party regarding the matters to be questioned to be true. 
Article 342 (Sanction against False Statement) 
(1) In cases where a party who has taken an oath, makes a false statement, the 
court may impose by ruling on him a fine for negligence not exceeding five 
hundred thousand Won. 
(2) An immediate appeal may be made against the ruling as referred to in 
Paragraph (1). 
(3) The provisions of Article 334 (3) shall apply mutatis mutandis to the ruling 
under Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 343 (Examination Protocol) 
In cases where a party has been examined, his statement and whether or not 
an oath has been taken shall be entered in the protocol. 
Article 344 (Examination of Legal Representatives) 
The provisions of Articles 339 to 343 shall apply mutatis mutandis to the legal 
representatives representing parties in a suit. However, this shall not preclude 
the examination of the party himself. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 345 (Mutatis Mutandis Application of Provisions relating to Examination 
Witnesses) 
The provisions of Articles 281, 284, 290 to 293, 298, 299 and 302 to 304 shall 
apply mutatis mutandis to the examination under this Section. <Amended by 
91 Law No. 706, Sep. 1, 1961; Law No. 4201, Jan. 13,1990> 
SECTION 7 Preservation of Evidence 
Article 346 (Condition of Preservation of Evidence) IPIN/1IKORl1 
Page 275 
The court may, if it considers that there are such circumstances which would 
make it difficult to have evidence available unless the examination thereof is 
conducted before hand, examine the evidence upon motion of parties in 
accordance with the provisions of this Chapter. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 347 (Jurisdictions for Preservation of Evidence) 
(1) A motion for preservation of evidence shall be made to the court of instance 
in which such evidence is to be used in case of the pendency of a litigation, and, 
to the district court having jurisdiction over the place of residence of the person 
to be examined or the person possessing a document or the place where the 
object to be inspected is located if a litigation has not yet been instituted. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(2) In cases of urgency, a motion for preservation of evidence may be made to 
the district court mentioned in the latter part of Paragraph (1) even after the 
institution of a suit. 
Article 348 (Method to Make Motion) 
(1) The following matters shall be made clear in a motion for preservation of 
evidence: 
1. Indication of the counter party; 
2. The fact to be proved; 
3. The evidence; and 
4. The reason for requiring preservation of evidence. 
(2) The reason for requiring the preservation of evidence shall be minimally 
shown by evidence. 
92 IPlNlllKORll 
Page 276 
Article 349 (Case Where it is Impossible to Designate the Other Party) 
A motion for the preservation of evidence may be made even where it is 
impossible to designate the counter party. In this case, the court may appoint a 
special representative for the prospective counter party. 
Article 350 (Preservation of Evidence by Authority) 
The court may, if it deems necessary, render a ruling upon its own authority for 
the preservation of evidence during the pendency of a suit. 
Article 351 (Prohibition of Raising Objection) 
No objection may be raised to a ruling for the preservation of evidence. 
Article 352 (Participation of Parties) 
The applicant and the other party shall be summoned for the date of 
examination of evidence. However, this shall not apply in cases of urgency. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 353 (Record of Preservation of Evidence) 
The record relating to the preservation of evidence shall be forwarded to the 
court where the record of the merits suit exists. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 354 (Expenses for Preservation of Evidence) 
The expenses re,garding the preservation of evidence shall be a part of the 
costs of the suit. 
Article 354-2 (Reinterrogation in Pleading) 
If a party requests again an interrogation to a witness who was interrogated in 
93 IP/N/l/KORJI 
Page 277 
the procedure for preservation of evidence in pleading, the court shall 
interrogate the witness. [This Article Newly Inserted by Law No. 4201, Jan. 13, 
1990] 
CHAPTERIV SETTLEMENT PROCEDURES 
Article 355 (Method to Apply for Settlement) 
(1) The party may, regarding a civil dispute, file a motion for a settlement before 
the District Court located in the place where the general forum of the other party 
exists by setting forth the purport and grounds for claim as well as the actual 
circumstances of the dispute. 
(2) The right to appoint a representative shall not be entrusted to the other party 
for the purpose of the settlement as referred to in Paragraph (1). <Newly 
Inserted by Law No. 4201, Jan. 13, 1990> 
(3) The court may, if necessary, order the appearance of the party or his legal 
representative in order to examine the existence of the right of representation. 
<Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(4) The provisions relating to litigation shall apply mutatis mutandis to the 
motion for settlement, unless they are contrary to the character thereof. 
Article 356 (Case Where Settlement is Achieved) 
In cases where a settlement is achieved, the court official of Grade V, etc. shall 
note names of parties, their legal representatives, the gist and grounds of the 
claim, the terms of the settlement, the date and the court concerned in the 
protocol, and the judge and the court official of Grade V, etc. shall sign and seal 
thereon. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 357 (Case Where Settlement is not Arranged) 
(1) In the event that a settlement has not been reached, the court official of 
Grade V, etc. shall state the fact and reason therefor in the protocol. <Amended 
94 IP/N/lIKORJl 
Page 278 
by Law No. 4201, Jan. 13, 1990> 
(2) In the event that either the applicant or the other party does not appear on 
the date set for settlement, the court may consider the proposed settlement 
abortive. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The court official of Grade V, etc. shall serve a transcript of the protocol 
mentioned in Paragraph (1) to both parties respectively. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 358 (Motion for Institution of Suit) 
(1) In the case of Article 357, a party may apply for the institution of a suit. 
(2) When a lawful motion for an institution of a suit has been made, it shall be 
considered that a suit has been instituted at the time when a motion for a 
settlement has been made, and the court official of Grade V, etc. shall forward 
without delay the record of the case to the court which has jurisdiction. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The motion mentioned in Paragraph (1) shall be filed within two weeks from 
the day on which a transcript of the protocol is completed with regard to the 
abortive settlement. However, it shall not preclude filing of the motion prior to 
the service of the protocol. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) The period mentioned in Paragraph (3) shall be peremptory. 
Article 359 (Expenses of Settlement) 
In cases where a settlement has been reached, the expenses thereof shall be 
borne by each party unless otherwise specially agreed upon between parties, 
and in cases where the settlement has not been achieved, it shall be borne by 
the applicant. However, it shall constitute a part of the costs of suit in case the 
motion for institution of a suit has been made. <Amended by Law No. 4201, Jan. 
13, 1990> 
95 BOOK III APPEAL 
CHAPTER I APPEAL 
Article 360 (Appealable Decision) IPINIlIKORJ1 
Page 279 
(1) An appeal may be filed against a final judgment rendered by a District Court 
in the first instance. However, the foregoing Paragraph shall not apply to a case 
where both parties have agreed not to file an appeal after the final judgment 
with the reservation of the right to file a re-appeal. <Amended by Law No. 1499, 
Dec. 13, 1963; Law No. 4201, Jan. 13, 1990> 
(2) The provisions of Paragraph (2) of Article 26 shall apply mutatis mutandis to 
the agreement under Paragraph (1). 
Article 361 (Prohibition of Appeal against Decision Relating to Costs of Suit) 
No independent appeal may be filed against a judgment on the costs of suit. 
<Amended by Law No. 1499, Dec. 13, 1963> 
Article 362 (Decision Subject to Adjudication of Court of Appeals) 
Decisions preceding a final judgment shall be subject to the adjudication of the 
Court of Appeals. However, the foregoing shall not apply to such decision 
against which an appeal is not allowed and against which an objection is 
available. <Amended by Law No. 1499, Dec. 13, 1963; Law No. 4201, Jan. 13, 
1990> 
Article 363 (Withdrawal of Appeal) 
(1) An appeal may be withdrawn until final judgment of the appellate court has 
been rendered. 
(2) The provisions of Paragraphs (3) to (5) of Article 239, Paragraph (1) of 
Article 240 shall apply mutatis mutandis to the withdrawal of an appeal. 
<Amended by Law No. 1499, Dec. 13, 1963> 
96 IP/N/IIKORll 
Page 280 
Article 364 (Waiver of Right to Appeal) 
The right to appeal may be waived. <Amended by Law No. 1499, Dec. 13, 
1963> 
Article 365 (Method to Waive Right to Appeal) 
(1) Waiver of the right to file an appeal shall be made to the court of first 
instance in the case prior to filing an appeal, and to the appellate court in the 
case subsequent to filing appeal by written statement. <Amended Law No. 1499, 
Dec. 13, 1963> 
(2) The document regarding the waiver of the right to file an appeal shall be 
served on the other party. 
(3) Waiver of the right to file an appeal subsequent to the filing of the appeal 
shall also have the effect of the withdrawal of the appeal. <Amended by Law No. 
1499, Dec. 13, 1963> 
Article 366 (Period for Filing Appeal) 
(1) An appeal shall be filed within two weeks from the day on which the 
judgment has been served. However, this shall not preclude filing of appeal 
before the service of the judgment. <Amended by Law No. 1499, Dec. 13, 1963; 
Law No. 4201, Jan. 13, 1990> 
(2) The period mentioned in Paragraph (1) shall be peremptory. <Newly 
Inserted by Law No. 706, Sep. 1, 1961; Law No. 4201, Jan. 13, 1990> 
Article 367 (Method of Filing Appeal, and Matters to be Entered in Petition of 
appeal) 
(1) An appeal shall be made by filing a petition of appeal in the court of the first 
instance. <Amended by Law No. 4201, Jan. 13, 1990> 
97 IP/N/1IKORJ1 
Page 281 
(2) A petition of appeal shall contain the following matters: <Amended by Law 
No. 1499, Dec. 13, 1963> 
1. Parties and their legal representatives; and 
2. Indication of the judgment delivered at first instance and the gist of the 
appeal against such judgment. 
Article 368 (Mutatis Mutandis Application of Provisions Relating to Briefs) 
The provisions relating to briefs shall apply mutatis mutandis to petitions of 
appeal. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 368-2 (Right of Presiding Judge in Original Judgment to Examine 
Petition of Appeal) 
(1) If a petition of appeal is contrary to the provisions of Article 367 (2) and a 
stamp as prescribed by laws is not attached to a petition of appeal, the 
presiding judge in original judgment shall order the appellant to make up for the 
defects with a considerable period fixed. 
(2) If the appellant fails to make up for any defect, and it is obvious to elapse the 
period of appeal, the presiding judge in original judgment shall reject by decree 
the petition of appeal. 
(3) An immediate appeal may be made against the decree as referred to in 
Paragraph (2). [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 369 (Sending of Record of Appeal) 
(1) When a petition of appeal is not rejected, the court official of Grade V, etc. of 
the court making the original judgment shall send the records of appeal to the 
court of appeal with the petition of appeal within two weeks after the petition of 
appeal is filed. 
(2) When the presiding judge in original judgment orders to make up for any 
defect under Article 368-2 (1), the records of appeal shall be sent within a week 
after such defect is make up for. [This Article Wholly Amended by Law No. 4201, 
98 IPINIlIKORl1 
Page 282 
Jan. 13, 1990] 
Article 370 (Service of Duplicate of Appeal Petition) 
A duplicate of petition of appeal shall be served on the appellee. [This Article 
Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 371 (Right of Presiding Judge of Appellate Instance to examine Petition 
of Appeal) 
(1) In case where a petition of appeal is contrary to the provisions of Article 367 
(2), or no stamp is attached to the petition of appeal pursuant to the provisions 
of laws, if the presiding judge does not order to make up for defects under 
Article 368-2 (1), and it is impossible to serve a duplicate of the appeal petition, 
the presiding judge of the appellate instance shall order the appellant to make 
up for defects with a considerable period fixed. 
(2) In case as referred to in Paragraph (1), if the appellant fails to make up for 
defects, and in case as prescribed in Article 368-2 (2), if the presiding judge in 
original judgment does not reject the petition of appeal, the presiding judge of 
the appellate instance shall reject by decree the petition of appeal. 
(3) An immediate appeal may be made against the decree as referred to in 
Paragraph (2). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 372 (Incidental Appeal) 
An appellant may file an incidental appeal until the conclusion of pleadings even 
after the right to appeal has become extinct. <Amended by Law No. 1499, Dec. 
13, 1963> 
Article 373 (Subordinate Nature of Incidental Appeal) 
An incidental appeal shall lose its effect in cases where the principal appeal has 
been withdrawn, or dismissed as being illegal. However, an incidental appeal 
filed within the period for appeal shall be deemed to be an independent appeal. 
99 IP/N/l/KORJl 
Page 283 
<Amended by Law No. 1499, Dec. 13, 1963; Law No. 4201, Jan. 13, 1990> 
Article 374 (Method of Filling Incidental Appeal) 
An incidental appeal shall be governed by the provisions relating to an appeal. 
<Amended by Law No. 1499, Dec. 13, 1963> 
Article 375 (Declaration of Provisional Execution) 
An appellate court may declare provisional execution by ruling, upon motion of 
parties, as to the part of the judgment of the first instance against which appeal 
has not been made. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 376 (Protest in Regard to Provisional Execution) 
(1) No protest shall be raised against a decision of an appellate trial relating to 
provisional execution. <Amended by Law No. 1499, Dec. 13, 1963> 
(3) An immediate appeal may be made against a ruling dismissing the motion 
under Article 375. <Amended by Law No. 4201, Jan.13, 1990> 
Article 377 (Scope of Pleading) 
(1) Pleadings shall be made only to such extent as the party demands the 
alteration of the judgment rendered in the first instance. 
(2) Parties shall state the result of the pleadings of the first instance. 
Article 378 (Application of Procedure in First Instance) 
Except as otherwise provided, the provisions of Chapters I to III of Part 11 shall 
apply mutatis mutandis to the procedure in an appellate trial. <Amended by Law 
No. 1499, Dec. 13, 1963> 
Article 379 (Effect of Proceeding Acts in First Instance) 
100 IP/N/lIKORl1 
Page 284 
Proceeding acts of the first instance shall continue to be effective in the 
appellate trial. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 380 (Effect of Preparatory Proceedings Taken in First Instance) 
Preparatory proceedings taken in first instance shall continue to be effective in 
the appellate trial. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 381 (Prohibition of Asserting Wrong Jurisdiction) 
Parties shall not assert in the second instance that the first instance court did 
not have jurisdiction. However, this shall not apply to the case of exclusive 
jurisdiction. <Amended by Law No. 1499, Dec. 13, 1963; Law No. 4201, Jan. 13, 
1990> 
Article 382 (Institution of Counter-action) 
(1) A counter-action may be instituted only with the consent of the other party. 
(2) In the event that the other party made argument on the merit of a counter­
action without raising objection, he shall be deemed to have consented to the 
institution of the counter-action. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 383 (Turning-down of Appeal without Pleadings) 
(1) An unlawful appeal, if its defects cannot be redressed, may be dismissed by 
a judgment without resorting to pleadings. <Amended by Law No. 1499, Dec. 
13, 1963> 
(2) Deleted. <by Law No. 706, Sep. 1, 1961 > 
Article 384 (Dismissal of Appeal) 
(1) The appellate court shall dismiss the appeal if it finds that the judgment of 
the lower court is proper. 
101 IP/N/lIKORll 
Page 285 
(2) Even in cases where the reasoning of the judgment of the first instance is 
improper, the appeal shall be dismissed if the judgment is deemed proper in 
light of other reasons. [This Article Wholly Amended by Law No. 1499, Dec. 13, 
1963] 
Article 385 (Scope of Upholding Appeal) 
The alteration of the judgment of the first instance shall be made only to the 
extent of the appeal. However, this shall not apply in case of acknowledging the 
assertion in respect of set-off. <Amended by Law No. 1499, Dec. 13, 1963; Law 
No. 4201, Jan. 13, 1990> 
Article 386 (Revocation of Judgment of First Instance) 
The appellate court shall revoke the judgment of the first instance, if it finds 
such judgment to be improper. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 387 (Revocation Due to Violation of Judgment Procedure) 
The appellate court shall, in case the judgment procedure of the instance has 
been in contravention of law, revoke the judgment. <Amended by Law No. 1499, 
Dec.13, 1963> 
Article 388 (Necessary Remand) 
The appellate court shall, in case it has revoked the judgment of the first 
instance which turned down the suit as unlawful, remand the case to the first 
instance court: Provided, That if the case is examined in the first instance to the 
extent of delivering judgment on merits, or if parties give consent to it, the 
appellate court give a decision on merits. <Amended by Law No. 1499, Dec. 13, 
1963; Law No. 420, Jan. 13, 1990> 
Article 389 (Transfer due to Jurisdictional Error) 
When a judgment of first instance is to be revoked on the grounds of 
jurisdictional error, the appellate court shall transfer the case by a judgment to 
102 IPINlllKORll 
Page 286 
the competent court. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 390 (Method of Drafting Judgment) 
In stating reasons of judgment, the reasoning of the first instance may be 
quoted. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 391 (Returning of Record of Case) 
In the event that the appealing period has expired without final appeal being 
lodged after the conclusion of the litigation, the court official of Grade V, etc. 
shall forward the record of the case to the court of the first instance attaching an 
exemplification of the judgment or an order under the provisions of Article 371 
thereto. <Amended by Law No. 4201, Jan. 13, 1990> 
CHAPTER 11 FINAL APPEAL 
Article 392 (Object of Final Appeal) 
(1) A final appeal may be made either against the final judgment rendered by a 
high court or against the final judgment rendered by a collegiate department of 
a district court as a court of the second instance. <Amended by Law No. 706, 
Sep. 1, 1961; Law No. 1499, Dec. 13, 1963; Law No. 4201, Jan. 13, 1990> 
(2) In the case mentioned in the proviso of Paragraph (1) of Article 360, final 
appeal may be made against the final judgment rendered by the court of the 
first instance. <Amended by Law No. 706, Sep. 1, 1961; Law No. 4201, Jan. 13, 
1990> 
Article 393 (Grounds for Final Appeal) 
Final appeal may be filed only on the grounds that there exists contravention of 
the Constitution, laws, decrees or regulations as effecting the judgment. 
<Amended by Law No. 706, Sep. 1, 1961; Law No. 1499, Dec. 13, 1963> 
Article 394 (Absolute Grounds for Final Appeal) 
103 IPINIlIKORl1 
Page 287 
(1) Final appeal shall be deemed to have grounds in the following cases: 
<Amended by Law No. 1499, Dec. 13, 1963> 
1. In cases where the court to render judgment has not been constituted in 
compliance with law; 
2. In cases where a judge who was precluded by virtue of law from 
participating in the judgment, has participated therein; 
3. In cases where provisions relating to exclusive jurisdiction have been 
contravened; 
4. In cases where there was a defect in the powers of the legal representative 
or attorney or in the special authority of an attorney for doing proceeding acts; 
5. In cases where provisions regarding open pleading have been violated; 
and 
6. In cases where a judgment has not been furnished with reasons or there 
exist inconsistency in the reasoning. 
(2) The provisions of Subparagraph 4 of Paragraph (1) shall not apply if there 
has been a ratification in accordance with the provisions of Article 56 or 88. 
Article 395 (Mutatis Mutandis Application of Procedures for Appellate Instance) 
Except as otherwise provided, the provisions of Chapter I shall apply mutatis 
mutandis to final appeal and proceedings in final appeal instance. <Amended 
by Law No. 1499, Dec. 13, 1963> 
Article 396 (Notification of Receipt of Record of Case) 
An official of Grade V, etc. of the re-appellate court shall, upon receipt of the 
record of the case from the official of Grade V, etc. of the original court, notify 
parties to that effect without delay. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 397 (Presentation of Statement of Grounds of Final Appeal) 
In cases where grounds for final appeal have not been stated in a petition for 
final appeal, the written statement thereof shall be submitted within twenty days 
from the day on which the notice under Article 396 has been received. [This 
104 IPINIlIKORl1 
Page 288 
Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 398 (Forwarding Statement of Grounds for Final Appeal and Answer 
Thereto) 
(1) The re-appellate court which has received a written statement of grounds of 
final appeal shall serve, without delay, a duplicate or a copy thereof to the other 
party. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The other party may file an answer within ten days from the day on which he 
has received the written statement under Paragraph (1). 
(3) The re-appellate court shall serve a duplicate or a copy of the answer 
mentioned in Paragraph (2) to the appellant. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 399 (Dismissal of Final Appeal due to Non-submission of Statement of 
Grounds of Final Appeal) 
In cases where appellant, in contravention of the provisions of Article 397, does 
not file a written statement of grounds of final appeal, the re-appellate court 
shall dismiss the final appeal by judgment without holding pleadings. However, 
this shall not apply where there are matters to investigate ex officio. <Amended 
by Law No. 4201, Jan. 13, 1990> 
Article 400 (Judgment by Examination of Documents) 
The re-appellate court may render a judgment by examination of petition of final 
appeal, written statement of grounds of final appeal, and written answers 
thereto without resorting to pleadings. [This Article Wholly Amended by Law No. 
706, Sep. 1, 1961,] 
Article 401 (Scope of Investigation) 
The re-appellate court shall conduct investigation only to the extent of 
dissatisfaction of parties on the basis of grounds of final appeal. 
105 Article 402 (Fact-Finding Authority) IP/N/1/KORJl 
Page 289 
The facts lawfully established in the original judgment shall be binding upon the 
court of last resort. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 403 (Special Provisions for the Case of Jump Final Appeal) 
In respect of final appeal under the provisions of Article 392 (2), the re-appellate 
court shall not revoke the original judgment on the ground that the finding of 
facts therein is in contravention of law. 
Article 404 (Exception in Connection with Matters to be Investigated by 
Authority) 
The provisions of Articles 401, 402 and 403 shall not apply to such matters 
which the court is bound to investigate upon its own authority. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 405 (Declaration of Provisional Execution) 
The court of last resort may declare provisional execution by ruling, upon 
motion of parties, as to the part of the original judgment against which a protest 
has not been made. 
Article 406 (Remand After Quashing, Transfer) 
(1) The re-appellate court shall, when it finds the final appeal justified, quash the 
original judgment and remand the case to the original court or transfer it to 
another court of equal level. 
(2) The court to which a case has been remanded or transferred shall give 
decision on the basis of fresh pleadings. In this case, it shall be bound by the 
findings of the re-appellate court as to facts and law which constituted the 
reason for quashing. 
106 IPINIlIKOR/l 
Page 290 
(3) The judge participating in the original judgment shall not participate in the 
decision as mentioned in Paragraph (2). [This Article Wholly Amended by Law 
No. 4201, Jan. 13, 1990] 
Article 407 (Quashing and Adjudicating Itself) 
The re-appellate court shall render final judgment in the following cases: 
1. If the judgment is to be quashed on the grounds that laws or decrees were 
misapplied to the facts ascertained, and the case is mature enough for decision 
on the basis of those facts; and 
2. If the judgment is to be quashed on the grounds that the case does not 
come within the jurisdiction of the court. 
Article 408 (Forwarding of Record of Case) 
In cases where a judgment to remand or to transfer has been rendered, the 
official of Grade V, etc. of the re-appellate court shall attach an exemplification 
of the judgment to the record of the case and forward the same to the court to 
which the record of the case and forward the same to the court to which the 
case is remanded or transferred. <Amended by Law No. 1499, Dec. 13, 1963; 
Law No. 4201, Jan. 13, 1990> 
Article 408-2 Deleted. <by Law No. 1499, Dec. 13, 1963> 
CHAPTER III APPEAL 
Article 409 (Appeal) 
An appeal may be made against a ruling or an order dismissing a motion 
relating to litigation procedure. 
Article 410 (Appeal against Ruling or Order in Wrong Formalities) 
In the event that a ruling or an order has been rendered regarding matters 
which can not be adjudicated thereby, a party may file an appeal. <Amended by 
Law No. 4201, Jan. 13,1990> 
107 Article 411 (Quasi-Appeal) IP/N/1IKORl1 
Page 291 
(1) Any party protesting a decision rendered by a commissioned judge or an 
entrusted judge may file an objection to the court of suit. However, this shall be 
limited to the decision against which appeal may be filed if the decision were to 
be rendered by the court of suit. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) Objection may be made against a decision upon an objection mentioned in 
Paragraph (1). <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The provisions of Paragraph (1) shall apply mutatis mutandis to a decision 
rendered by a commissioned or an entrusted judge regarding a case pending in 
the re-appellate court or in the appellate court. <Amended by Law No. 706, Sep. 
1, 1961 > 
Article 412 (Re-objection) 
Against a ruling or order rendered by a court of objection, high court and 
appellate court, a further re-objection may be made only on the grounds that 
there is contravention of the Constitution, laws, decrees and orders in the 
adjudication affecting the conclusion thereof. <Amended by Law No. 706, Sep. 
1,1961; Law No. 1499, Dec. 13, 1963; Law No. 4201, Jan. 13, 1990> 
Article 413 (Application of Provisions concerning Procedures of Appeal and 
Final Appeal) 
(1) The provisions of Chapter I shall be applicable to the proceedings of the 
appellate court. 
(2) The provisior)s of Chapter 11 shall be applicable to the re-objection and 
proceedings therefor. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 414 (Immediate Objection) 
108 IPINlllKORll 
Page 292 
(1) An immediate objection shall be made within one week from the day of the 
notice of the decision. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The period referred to in Paragraph (1) shall be peremptory. 
Article 415 (Method of Filing Objection) 
Objection shall be made by presenting a written complaint to the original court. 
[This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 416 (Disposition of Filing Objection) 
(1) In the event that the original court finds the objection justified, it shall alter 
the decision. 
(2) In the event that the court finds the objection groundless, it shall transmit the 
objection records to the appellate court with an opinion attached thereto. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 417 (Effect of Immediate Objection) 
An immediate objection shall have the effect of suspending the execution of the 
decision. 
Article 418 (Suspension of Execution of Original Judgment) 
The court of objection or the court or the judge who rendered the original 
decision may order the suspension of execution of the original decision or any 
other necessary measures until a ruling is made upon the objection. 
Articl.e 419 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 420 (Special Objection) 
(1) Regarding a ruling or an order against which a protest is not allowed, a 
special objection may be filed to the Supreme Court only on the ground that 
109 IPINIlIKORJ1 
Page 293 
there is contravention of the Constitution or laws affecting the adjudication. 
<Amended by Law No. 706, Sep. 1, 1961; Law No. 1499, Dec. 13, 1963> 
(2) The period for filing objection as mentioned in Paragraph (1) shall be one 
week. 
(3) The period referred to in Paragraph (1) shall be peremptory. 
Article 421 (Applicable Provisions) 
The provisions of Article 418 and those concerning the final appeal shall be 
applicable to a special objection and proceedings therefor. [This Article Wholly 
Amended by Law No. 4201, Jan. 13, 1990] 
BOOK IV RETRIAL 
Article 422 (Grounds for Retrial) 
(1) A petition for retrial against a final judgment which became final and 
conclusive may be instituted in the following cases. However, this shall not 
apply to a case where a party has asserted the matter in an appeal or has not 
asserted it even if he had the knowledge thereof: <Amended by Law No. 4201, 
Jan. 13, 1990> 
1. If the adjudicating court was not constituted in accordance with law; 
2. If a judge who was precluded by law from participating in the decision 
participated therein; 
3. If there was a defect in the powers of the legal representative or an 
attorney or in the authority of the representative for conducting proceeding acts. 
However, this shall not apply in cases where ratification mentioned in Article 56 
or 88 has been made; 
4. If a judge Who participated in the decision has committed a crime in 
connection with the official duty relating to the case; 
5. If a party was led to make a confession or was prevented from producing a 
means of attack or defense which may affect the decision, by virtue of criminally 
punishable acts of another person; 
6. If a document or any other article used as evidence for the judgment was 
110 IP/N/IIKORll 
Page 294 
forged or fraudulently altered; 
7. If the false testimony of a witness, an expert witness, an interpreter, a 
sworn party, or legal representative was adopted as the evidence for the 
judgment; 
8. If a civil or criminal judgment or any other decision or an administrative 
disposition on which the judgment was based, has been altered by a 
subsequent decision or administrative disposition; 
9. If adjudication was omitted respecting a material point which may affect the 
judgment; 
10. If the judgment against which a petition for retrial is to be made, 
contradicts the judgment previously pronounced and which became final and 
conclusive; and 
11. If a party, knowing the domicile or residence of the other party, instituted a 
suit by unknown or false domicile or residence of the other party. 
(2) In the case of Subparagraphs 4 to 7 of Paragraph (1), a petition for retrial 
may be instituted only when a judgment for a conviction or a decision of fine for 
negligence has become final and conclusive or when it can not be obtained for 
a cause other than lack of evidence. 
(3) In the event that the appellate court has rendered a judgment on the merit of 
a case, a petition for retrial shall not be made against the judgment of the first 
instance. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 423 (Grounds for Retrial of Basic Judgment) 
In cases where any of the causes prescribed in Article 422 exists with regard to 
a decision on which the judgment is based, that cause may be made as 
grounds for retrial even though an independent method of filing an appeal is 
being provided for such decision. 
Article 424 (Competent Court for Retrial) 
(1) Retrial shall be under the exclusive jurisdiction of the court which has 
rendered the judgment. <Amended by Law No. 4201, Jan. 13, 1990> 
III IP/N/lIKORl1 
Page 295 
(2) Petitions for retrial against judgments rendered in the same case by courts 
of different level shall come under the jurisdiction of the superior court. However, 
this shall not apply when there exist independent grounds of appeal regarding 
appellate judgment and re-appellate judgment respectively. <Amended by Law 
No. 4201, Jan. 13,1990> 
Article 425 (Procedure for Retrial) 
The provisions relating to the procedure in each instance shall apply mutatis 
mutandis to the retrial procedure. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 426 (Period for apply Retrial) 
(1) A petition for retrial shall be brought after the judgment has become final and 
conclusive and within thirty days from the day on which a party has come to 
know the grounds for retrial. 
(2) The period specified in Paragraph (1) shall be peremptory. 
(3) Petition for retrial shall not be brought after the lapse of five years from the 
time the judgment became final and conclusive. 
(4) If the cause for retrial arose after the judgment had become final and 
conclusive, the period as mentioned in Paragraph (3) shall start to run from the 
day on which the cause came into existence. 
Article 427 (Period to apply Retrial) 
The provisions of Article 426 shall not apply to petition for retrial being brought 
on the grounds qf the lack of the right of representation or of the matters as 
enumerated in Subparagraph 10 of Paragraph (1) of Article 422. 
Article 428 (Necessary Matters to be Entered in Petition for Retrial) 
The following matters shall be stated in a petition for retrial: 
112 IPINIlIKORl1 
Page 296 
1. Name of the parties and their legal representatives; 
2. Indication of the judgment subject to retrial and a statement that retrial is 
demanded against such judgment; and 
3. The grounds for retrial. 
Article 429 (Scope of Trial) 
(1) Pleadings and adjudication on the merit of retrial shall be made only within 
the limit of the asserted cause. 
(2) The grounds for retrial may be altered. 
Article 430 (Dismissal of Petition in Case Conclusion of Judgment is Justified) 
The court may, if it deems that the conclusion of the judgment is justified, 
dismiss the petition for retrial even though there exist grounds for retrial. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 431 (Quasi-Retrial) 
In the event that the protocol as mentioned in Article 206 or a ruling or an order 
against which an immediate objection may be filed, has become final and 
conclusive and there exist causes as enumerated in Paragraph (1) of Article 
422, a petition for retrial may be made in mutatis mutandis application of the 
provisions of Articles 422 to 430. <Amended by Law No. 706, Sep. 1, 1961 > 
BOOK V DEMANDING PROCEDURE 
Article 432 (Requisite for Application) 
With regard to a c;;laim on monetary payment or on delivery of certain quantity of 
any other fungibles or negotiable instruments, the court may, upon motion of a 
creditor, issue a payment order. However, this shall be limited to the case where 
a service other than by means of public notice may be effected in the Republic 
of Korea. <Amended by Law No. 4201, Jan. 13, 1990> 
113 Article 433 (Jurisdictional Court) IP/N/lIKORll 
Page 297 
The demanding procedure shall be subject to the exclusive jurisdiction of the 
District Court of the place where the debtor has his general forum, or to the 
jurisdictional court under the provisions of Article 5-2 or 10. <Amended by Law 
No. 4201, Jan. 13, 1990> 
Article 434 (Motion for Payment Order) 
With regard to a motion for payment order, the provisions relating to a suit shall 
apply mutatis mutandis in so far as they are not contradictory to the nature of 
payment order. 
Article 435 (Turning Down of Motion) 
(1) In cases where a motion for payment order contravenes the provisions of 
Article 432 or 433 or it is evident that the claim is groundless to a part of the 
claim, the motion shall be rejected. In cases where the issuance of a payment 
order may not be executed with regard to a part of the claim. 
(2) No protest may be raised against a ruling turning down the motion. 
Article 436 (Examination of one Party) 
A payment order shall be issued without examining the debtor. 
Article 437 (Matters to be Entered in Payment Order) 
A payment order shall state the names of parties, the legal representatives and 
the purport and the grounds of the claim, and it shall additionally state to the 
effect that in case the debtor may file an objection within two weeks from the 
day of service of the payment order. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 438 (Service of Payment Order) 
114 IP/N/lIKORJ1 
Page 298 
(1) A payment order shall be served on parties. 
(2) The debtor may raise an objection to the payment order. <Amended by Law 
NO.4201,Jan. 13,1990> 
Article 439 (Objection) 
In cases where a debtor has raised an objection, the payment order shall lose 
its effect to the extent of such objection. [This Article Wholly Amended by Law 
No. 4201, Jan. 13, 1990] 
Articles 440 to 442 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 443 (Turning Down Objection) 
(1) In cases where the court finds an objection unlawful, it shall turn down the 
objection by ruling. 
(2) An immediate objection may be made against the ruling mentioned in 
Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 444 (Shifting to Litigation Procedure due to Protest) 
(1) In the event that a lawful protest has been raised against a payment order, a . 
suit shall be deemed to have been brought in regard thereto at the time when 
the motion for the payment order was made. In this case, the costs of the 
demanding procedure shall constitute a part of the costs of the suit. <Amended 
by Law No. 4201, Jan. 13, 1990> 
(2) If, in the case mentioned in Paragraph (1), a case falls under the jurisdiction 
of a collegiate court, the court official of Grade V, etc. shall, without delay, 
forward the record of the case to the collegiate court of the competent court. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 445 (Payment Order Becoming Irrevocable) 
115 IPINIlIKORl1 
Page 299 
In cases where no objection has been raised against a payment order, an 
objection has been withdrawn, or a ruling turning down has become irrevocable, 
the said payment order shall become definite. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
BOOK VI PROCEDURE FOR PUBLIC SUMMONS 
Article 446 (Applicable Scope) 
A service by public notice may be made only in such instances as prescribed in 
the law that the failure of report on a right or claim shall result in the forfeiture of 
the right. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 447 (Court Competent for Public Summons) 
(1) Except as provided otherwise by law, the public summons shall be under the 
jurisdiction of the district court in which the person to be forfeited his right has 
his ordinary forum: Provided, That the public summons to cancel a registration 
may be requested to the district court in the seat of a public office with which the 
registration is made. 
(2) In case as prescribed in Article 463, the district court in the place of 
performance as indicated in the securities or certificates shall have the 
jurisdiction: Provided, That if there is no indication of such place on the 
securities or certificates, the district court in which the issuer has his ordinary 
forum, or if not, the district court in which the issuer had his ordinary forum at 
the time of issue, shall have the jurisdiction, respectively. 
(3) The jurisdiction as referred to in Paragraphs (1) and (2) shall be an exclusive 
jurisdiction. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 448 (Application for Public Summons) 
(1) In a motion for a public summons shall be expressly stated the cause for 
such motion and the purport that a judgment of exclusion is requested. 
116 IPINIlIKORJ1 
Page 300 
(2) The motion referred to in Paragraph (1) shall be brought in writing. 
(3) The court may order consolidation of several public summons. 
Article 449 (Adjudication) 
(1) An adjudication whether a public summons shall be admitted or not, shall be 
made by ruling. An immediate objection may be made against a ruling rejecting 
a public summons. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In the case referred to in Paragraph (1), an applicant may be examined. 
Article 450 (Particulars to be Entered in Public Summons) 
(1) If the court admits the application of public summons, the court shall issue a 
public summons. 
(2) The public summons shall contain the following matters: 
1. Indication of the applicant; 
2. Notice to the effect that any claim or right shall be reported up to the public 
summons date; 
3. Matters to lose a right thereto, if a report therefor is not made; and 
4. Designation of the public summons date. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 451 (Method of Public Notice) 
(1) The public notice of a public summons shall be put up on a bulletin board of 
the court, and inserted twice or more times in the newspapers: Provided, That a 
public notice of public summons on petty-sum securities or certificates may be 
made by a simple, way. 
(2) The scope of securities and certificates which are subject to a public notice 
by a simple way under the proviso of Paragraph (1), and the method of such 
public notice shall be determined by the Supreme Court Regulations. {This 
Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
117 Article 452 (Period of Public Summons) IP/NIl/KORll 
Page 301 
The period of public summons shall be fixed after three months from the day on 
which the public notice has been terminated. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 453 (Report prior to Judgment of Exclusion) 
Even after the closure of the period of public summons, there shall not be 
forfeiture of right, if report thereof is filed prior to entry of a judgment of 
exclusion 
Article 454 (Non-appearance of Applicant and Designation of New Date) 
(1) In cases where the applicant has not appeared at the time fixed for 
proceedings under the public summons of if a motion for change of the date has 
been filed, the court shall designate a new date only one time. 
(2) The new date referred to in Paragraph (1) shall not be later than two months 
from the Public summons date and it is not required to make public notification 
thereof. 
Article 455 (Constructive Withdrawal) 
In case where the applicant does not appear at the time of the new date 
mentioned in Article 454, he shall be deemed to have withdrawn his motion for 
public summons. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 456 (Case where Report is made) 
When a report is made that contests against any right or request alleged as 
reason of the request, the court shall suspend the public summons procedure 
until a trial on the rights becomes definite or reserve the reported right and 
make judgment of exclusion. [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
118 IP/N/1/KORll 
Page 302 
Article 457 (Applicant's Duty to Orally State) 
An applicant for public summons shall appear at the date fixed for proceedings 
under public summons, and shall orally state the cause of his motion and the 
purpose of requesting a judgment of exclusion. 
Article 458 (Judgment of Exclusion) 
(1) The court shall, if it finds a motion for a judgment of exclusion groundless 
after the oral statement of the applicant, dismiss the motion, and shall, if it finds 
the motion well-grounded, deliver a judgment of exclusion. 
(2) The court may order, upon its own authority, the investigation of facts prior to 
the rendering of the judgment as mentioned in Paragraph (1). 
Article 459 (Appeal) 
An immediate objection may be made against a ruling dismissing a motion for a 
judgment of exclusion and against limitations and reserves attached to the 
judgment of exclusion. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 460 (Public Notification on Judgment of Exclusion) 
The court shall give public notice of the gist of the judgment of exclusion by 
means of inserting it in the newspapers: Provided, That the provisions of Article 
451 (1) (proviso) and (2) shall be applicable to a public notice on petty-sum 
securities or certificates. [This Article Wholly Amended by Law No. 4201, Jan. 
13,1990] 
Artlcle 461 (Appeal against Judgment of Exclusion) 
(1) An appeal shall not be made against a judgment of exclusion. 
(2) Against a judgment of exclusion, an appeal may be filed in the following 
cases by means of a suit against the applicant before the court of public 
119 summons: IP/NIIIKORl 1 
Page 303 
1. If it is not a case where the public summons procedure is permitted in the 
law; 
2. If public notice on the public summons has not been made, or it has not 
been made in such manners specified by law; 
3. If the period of public summons has not been observed; 
4. If the adjudicating judge has been excluded from the exercise of his duty 
by virtue of law; 
5. If it is contravention of the provisions concerning the exclusive jurisdiction; 
6. If a judgment has been rendered in violation of law despite of the fact that a 
report of a right or a claim has been filed; 
7. If a judgment of exclusion is made by a deceit or unlawful manner; and 
8. If there exist the causes of retrial as prescribed in Subparagraphs 4 to 8 of 
Article 422 (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 462 (Period for Institution of Suit) 
(1) The suit mentioned in Paragraph (2) of Article 461 shall be instituted within 
the peremptory period of one month. 
(2) The period mentioned in Paragraph (1) shall start to run from the day on 
which the plaintiff has come to know the judgment of exclusion. However, in the 
event that the suit has been instituted on one of the grounds as set forth in 
Subparagraphs 4, 7 and 8 of Article 461 (2), the period shall begin to run from 
the day on which the ground has come to the knowledge of the plaintiff. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) This suit shall not be instituted after the lapse of three years from the day on 
which the judgment of exclusion has been pronounced. 
Article 463 (public Summons for Declaration of Annulment of Security) 
(1) With regard to the procedure of public summons requesting declaration of 
annulment of a stolen, lost or destroyed securities or other documents which 
may be annulled according to the Commercial Code, the special provisions of 
the following several Articles shall apply. 
120 IPINlllKORll 
Page 304 
(2) The provisions of Paragraph (1) shall apply to other documents for which 
procedure for public summons is legally admissible, in so far as it is not 
otherwise specially provided for by such law. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 464 (Applicant for Public Summons in Respect of Instrument) 
Regarding unregistered security of a security or instrument transferable by 
endorsement and furnished with abbreviated endorsement, the last holder shall 
be entitled to apply for the public summons procedure, and regarding other 
instruments, the person entitled to assert right by virtue of the instrument shall 
be entitled to make application for it. 
Article 465 (Explanation for Reason of Request) 
(1) The requesting person shall present a duplicate of a document, or matters 
necessary for informing sufficiently of the existence of the document and 
important particulars thereof. 
(2) The requesting person shall explain himself for the fact of theft, loss, 
destruction, etc. of the document, and other ground, facts, etc. for which he may 
request a public summons procedure. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 466 (Pressing Notice for Filing Report; Warning of Forfeiture) 
The public summons shall urge the holder of the instrument to make report of 
the right or claim and to present the instrument by the date of public summons, 
and shall give warning that the instrument may be declared invalid by forfeiture 
in case of failure of reporting and presenting. <Amended by Law No. 4201, 
Jan.13, 1990> 
Article 467 (Matters to Declare in Judgment of Exclusion) 
In a judgment of exclusion a declaration of annulment of an instrument shall be 
121 contained. 
Article 468 (Effect of Judgment of Exclusion) IPINIlIKORl1 
Page 305 
In cases where a judgment of exclusion has been rendered, the applicant 
thereof is entitled to assert the right based on the instrument against the person 
charged with responsibility by virtue of the instrument. 
BOOK VII COMPULSORY EXECUTION 
CHAPTER I GENERAL PROVISIONS 
Article 469 (Execution and Final Judgment) 
Compulsory execution shall be effected by final judgments which have become 
final and conclusive or which is accompanied by the declaration of the 
provisional execution. 
Article 470 (Subjective Scope of Execution Power) 
(1) In cases where a judgment has effect upon persons other than parties 
designated in such judgment, the execution may be effected against or for such 
persons. However, this shall not apply to the intervener under the provisions of 
Article 65. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) As regards the granting of an execution clause under Paragraph (1), the 
provisions of Articles 481 to 483 shall apply mutatis mutandis. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 471 (Time Where Judgment Becomes Final and Conclusive) 
(1) A judgment shall not become final and conclusive during the period in which 
an appeal may be lodged or when a lawful appeal has been lodged within 
the prescribed period. 
(2) Deleted. <by Law No. 1499, Dec. 13, 1963> 
122 IP/N/lIKORl1 
Page 306 
Article 472 (Person Who Issues Certificate That Judgment Has Become Final 
and Conclusive) 
(1) In cases where a plaintiff or a defendant demands a certificate that a 
judgment has become final and conclusive, the court official of Grade V, etc. of 
the first instance shall issue the same in accordance with the record. <Amended 
by Law No. 4201, Jan. 13, 1990> 
(2) In cases where the record of the suit is kept in the superior court, such court 
official of Grade V, etc. shall issue the certificate in respect of such parts of the 
judgment which have become final and conclusive. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 473 (Suspension of Execution due to Application for Retrial or 
pplementary Appeal) 
(1) In cases where an application for retrial or supplementary appeal under 
Article 160 has been filed, the court may, if it deems the point asserted as the 
grounds of appeal legally well-founded and factually established, upon motion 
of a party, order temporary suspension of compulsory execution either upon or 
without furnishing security, or may order to carry out the compulsory execution 
upon security or to revoke the compulsory measures taken so far. <Newly 
Inserted by Law No. 1499, Dec. 13, 1963> 
(2) The suspension of compulsory execution without security shall be allowed 
only when it has been minimally shown that compulsory execution would cause 
irreparable damage. 
(3) The decision mentioned in Paragraphs (1) and (2) may be rendered without 
resorting to pleadjng. No appeal shall be filed against such decision. 
(4) The decision as mentioned in Paragraph (1) shall be made by the original 
court in case where supplementary appeal has been filed and the record of the 
case has been kept therein. <Amended by Law No. 706, Sep. 1, 1961; Law No. 
1499, Dec. 13, 1963> 
123 Article 474 (Suspension of Execution due to Filing of Appeal) IP/N/IIKORll 
Page 307 
In cases where an appeal has been filed against a judgment accompanying 
declaration of provisional execution, the provisions of Article 473 shall apply 
mutatis mutandis. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 475 (Court to Deposit Security) 
(1) The furnishing of security or the making of deposit in accordance with the 
provisions of this Book may be effected either at the District Court where the 
plaintiff or defendant has his general forum or at the court of execution. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(2) In cases where security has been furnished or deposit has been made, the 
court shall, upon motion of parties, issue a certificate thereof. 
(2) Except as provided otherwise, the provisions of Articles 112, 113, 115 and 
116 shall apply mutatis mutandis to security under the provisions of this 
Book. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 476 (Execution by Virtue of Judgment Rendered by Foreign Court) 
(1) Compulsory execution by virtue of a judgment of a foreign court may be 
carried out only when the legality thereof has been pronounced by way of a 
judgment of execution rendered by a Korean court. 
(2) A suit seeking a judgment of execution shall be subject to the jurisdiction of 
the District Court located at the general forum of the debtor. In cases where 
there is no general forum, it shall be subject to the court which is competent to 
deal with the suit against the debtor in accordance with the provisions of Article 
9. 
Article 477 (Judgment of Execution) 
124 IP/N/lIKORll 
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(1) The judgment of execution shall be rendered without inquiring into the 
propriety of the judgment. 
(2) A suit seeking a judgment of execution shall be turned down in the following 
instances: 
1. If it has not been proved that the judgment rendered by a foreign court has 
become final and conclusive; and 
2. If the foreign judgment does not fulfil the conditions required by Article 203. 
Article 478 (Exemplification with Power of Execution) 
(1) Compulsory execution shall be effected by an exemplification of a judgment 
furnished with the execution clause. 
(2) Execution clause shall be issued by the court official of Grade V, etc. of the 
court of the first instance. In cases where the record of a case is kept in the 
superior court, the same shall be issued by such court official of Grade V, etc. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) Application for the issuance of an execution clause may be made orally. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 479 (Execution Clause) 
(1) The execution clause shall be placed at the bottom of the exemplification of 
the judgment. 
(2) The form of execution clause shall be as follows: "This exemplification is 
issued to plaintiff XX or defendant XX for the purpose of compulsory execution 
against defendant XX or plaintiff XX". The execution clause shall be signed by 
the court official qf Grade V, etc. and shall be sealed with his seal and with the 
official seal of the court. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 480 (Issuance of Execution Clause) 
(1) Execution clause shall be granted only when the judgment has become final 
125 IP/N/lIKORll 
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and conclusive or when provisional execution has been declared. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(2) In cases where certain conditions are imposed on the execution of a 
judgment, if the creditor has to prove the fulfillment of such conditions, an 
execution clause shall be granted only if the creditor has presented a document 
to prove it. However, this shall not apply to the case where the execution of a 
judgment is dependent upon furnishing of securities. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 481 (Execution Clause for Successors) 
(1) An execution clause may be issued in favor of successors of the creditor 
specified in the judgment or against successors of the debtor specified in the 
judgment. However, this shall apply only to the case where the succession is 
patent to the court or it has been proved by certificates. <Amended by Law No. 
4201, Jan. 13, 1990> 
(2) In cases where the succession mentioned in Paragraph (1) is patent to the 
court, this fact shall be stated in the execution clause. 
Article 482 (Order of Presiding Judge) 
(1) In the cases where any condition is imposed on the execution of judgment, 
and as referred to in Article 481, the execution clause may be issued only upon 
an order of the presiding judge. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) Prior to such order, the presiding judge may interrogate the debtor orally or 
in writing. 
(3) The order mentioned in Paragraph (2) shall be stated in the execution 
clause. 
Article 483 (Suit for Issuance of Execution Clause) 
In the event that the proof required by Paragraph (2) of Article 480 and Article 
126 IP/N/1IKORl1 
Page 310 
481 cannot be furnished, the creditor may bring a suit to the court of the first 
instance for the issuance of an execution clause under the judgment. 
Article 484 (Raising Objection in Regard to Issuance of Execution Clause) 
(1) Objections raised by a debtor regarding the issuance of an execution clause 
shall be decided by the court to which the court official of Grade V, etc. who 
issued the execution clause belongs. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) The presiding judge may effect provisional dispositions prior to the decision, 
Particularly, he may order temporary suspension of execution either upon or 
without furnishing of securities by the debtor or may order continuation of the 
execution upon furnishing of securities by the creditor. 
Article 485 (Issuance of Several Executory Exemplifications) 
(1) In the event that a creditor requests the issuance of two or more execution 
clause or he requests the issuance of an execution clause for the second time 
without returning the one previously issued, they may be issued only upon an 
order of the presiding judge. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) Prior to such order, the presiding judge may hear the debtor orally or in 
writing. In cases where two or more execution clause have been issued or an 
execution clause has been issued for the second time without hearing the 
counter party, the counter party shall be notified thereof. <Amended by Law No. 
4201, Jan. 13,1990> 
(3) In cases where two or more execution clause have been issued or an 
execution clause has been issued for the second time, that fact shall be 
expressly noted i~ the original copy and in the execution clause. <Amended by 
Law No. 4201, Jan. 13, 1990> 
Article 486 (Entry in Original of Judgment) 
In cases where execution clause has been issued, the statement that it has 
127 IP/N/IIKORll 
Page 311 
been issued for the plaintiff or defendant and the date of the issuance shall be 
entered in the original copy of the judgment or the judgment in an appellate 
instance. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 487 (Effect of Executory Exemplification) 
The effect of an executory exemplification extends to all districts within Korea. 
Article 488 (Concurrent Execution by Virtue of Several Exemplifications) 
In the event that a creditor is unable to get complete payment with the execution 
in one place or with one method, he may enforce execution concurrently in 
several places or with several method, by virtue of several executory 
exemplifications. 
Article 489 (Designation of Provisional Domicile) 
A creditor shall, in case he has neither residence nor business premises at the 
place of the jurisdictional district court of the execution, designate a provisional 
domicile in that place and shall report it to the court. 
Aticle 490 (Requirements for Commencement of Execution) 
(1) A compulsory execution may be commenced only when the names of the 
persons who request it and against whom it will be effected, are designated in a 
judgment or in an execution clause attached to the judgment and when the 
judgment has already been served or is being served simultaneously. 
(2) In cases where an execution of a judgment depends, according to its 
contents, on the fact which is to be proved by the creditor, or where an 
execution of judg,ment is to be made for successors of the creditor or against 
successors of the debtor designated therein, service shall be effected, on 
successors of the debtor prior to commencing compulsory execution, not only of 
the judgment which is to be executed but also of the execution clause attached 
thereto. 
128 IPIN/1/KORl1 
Page 312 
(3) In cases where an execution clause is issued on the basis of a certificate, a 
transcript of such certificate shall be served on the debtor either before 
compulsory execution commences or simultaneously with the commencement 
thereof. 
Article 491 (Requirements for Commencement of Execution) 
(1) In the event that the performance of obligations of a person against whom 
execution is to be effected is dependent on the arrival of a certain date, the 
compulsory execution may be commenced after such a date. 
(2) In cases where an execution is dependent on furnishing of security by the 
creditor, the execution may be commenced only when the creditor submits an 
authenticated certificate showing that such security has been furnished and 
when a transcript of such certificate has already been served or is being served 
simultaneously to the debtor. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 491-2 (Requirements for Commencement of Execution) 
(1) Any execution of obligation to be executed under the condition of the 
performance of a counter-obligation and exchange may be commenced only 
when the creditor certifies that the performance of such counter-obligation or an 
offer of performance has been made. <Amended by Law No. 4931, Jan. 5, 
1995> 
(2) Any execution of an obligation to be executed in lieu of any case where it is 
impossible to execute another obligation, may be commenced only when the 
creditor certifies the impossibility of such execution. [This Article Newly Inserted 
by Law No. 4201, Jan. 13, 1990] 
Article 491-3 (Form of Request for Execution) 
Any request for a compulsory execution shall be made in writing. [This Article 
Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 492 (Person to Enforce Compulsory Execution) 
129 IP/N/lIKORJ1 
Page 313 
Except as otherwise provided for in this Code, compulsory execution shall be 
enforced by an execution officer. <Amended by Law No. 4201, Jan. 13, 1990; 
Law No. 5002, Dec. 6, 1995> 
Article 493 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 494 (Preparation and Delivery of Receipts by Execution Officers) 
(1) In cases where a creditor has entrusted an execution officer to enforce 
execution by delivering an executory exemplification, the execution officer shall, 
even in case he has no special authorization, receive payment and other 
performances, make out receipt and deliver it to the debtor, and shall deliver the 
executory exemplification to the debtor in case the debtor has completely 
performed his obligations. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 
5002, Dec. 6, 1995> 
(2) In cases where a debtor has partially performed his obligations, the 
execution officer shall note the fact on the executory exemplification and shall 
deliver the receipt to the debtor. <Amended by Law No. 4201, Jan. 13, 1990; 
Law No. 5002, Dec. 6, 1995> 
(3) The right of the debtor to demand a receipt from the creditor himself shall 
not be affected by the provisions of Paragraph (2). <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 495 (Power of Execution Officer) 
(1) An execution officer is empowered by virtue of the possession of an 
executory exemplification, as against a debtor and a third person, to proceed 
with the executior:l and with the acts specified in Article 494. A creditor shall not 
assert lack or limitation of authority against the execution officer. <Amended by 
Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(2) An execution officer shall carry the executory exemplification with him and 
shall exhibit it as evidence of his qualification upon the demand of any 
130 IP/N/IIKORl1 
Page 314 
concerned person. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, 
Dec. 6, 1995> 
Article 496 (Execution Officer's Right to Use Force) 
(1) An execution officer may, in so far as it is necessary to enforce the execution, 
search the dwelling, warehouse, and other place of the debtor and open the 
locked doors and apparatus. <Amended by Law No. 5002, Dec. 6, 1995> 
(2) In the case as referred to in Paragraph (1), the execution officer may 
demand the assistance of the police or national armed forces if he encounters 
any resistance. The assistance of national armed forces, however, shall be 
applied to the court. <Amended by Law No. 5002, Dec. 6, 1995> [This Article 
Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 497 (Witness) 
An execution officer shall, in the event that he is confronted with any resistance 
or he is unable to meet the debtor or his adult relatives or employees in his 
dwelling at the time of the enforcement of the execution, call in as witnesses 
two adults or an official of district office or Dong office of the Special City of 
Seoul, an official of the Shi/Up/Myon (in case of the Shi which is of urban and 
rural combination type, the Shi official in the Dong area, and Up/Myon official in 
the Up/Myon area), or a police official. <Amended by Law No. 4201, Jan. 13, 
1990; Law No. 4796, Dec. 22, 1994; Law No. 5002, Dec. 6, 1995> 
Article 498 (Inspection of Records, Delivery of Transcripts) 
An execution officer shall grant the inspection of an execution record and 
deliver transcripts of the documents in the record upon request of interested 
persons. <Amenged by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 
1995> 
Article 499 (Execution at Night and on Holidays) 
(1) At night and on Sundays and on general holidays, act of execution may be 
131 IP/N/l/KORll 
Page 315 
effected only upon the permission of the court. <Amended by Law No. 4201, 
Jan. 13, 1990; Law No. 4796, Dec. 22, 1994> 
(2) An order granting the permission mentioned in Paragraph (1) shall be shown 
at the time of compulsory execution. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 500 (Protocol of Execution) 
(1) An execution officer shall draw up a protocol of execution. <Amended by 
Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(2) The protocol mentioned in Paragraph (1) shall contain the following: 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1996> 
1. The place where and the date when the protocol is made; 
2. The purpose of the execution and rough description of its important 
circumstances; 
3. Indication of persons participating in the execution; 
4. The signatures and seals of the persons participating in the execution; 
5. A statement to the effect that the protocol has been read to those 
concerned or has been presented to them for perusal, and that it has been 
signed and sealed after having been approved by them; and 
6. The signature and seal of the execution officer. 
(3) In cases where it is impossible to have signatures and seals mentioned in 
Subparagraph 4 or 5 of Paragraph (2) affixed, the reason therefor shall be 
stated. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 501 (Pressing Notice and Other Notification Pertaining to Execution) 
(1) Pressing notices and other notifications pertaining to execution shall be 
made orally by the execution officer and shall be stated in the protocol. 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(2) In cases where pressing notices and other notification cannot be effected 
orally, a transcript of the protocol shall be served in mutatis mutandis application 
132 IP/N/1IKOR/1 
Page 316 
of the provisions of Articles 168, 169, 171 and 173, and such fact shall be 
stated in the protocol if the protocol of service has not been drawn. 
(3) In cases where the service cannot be effected either at the place of the 
compulsory execution or within the jurisdiction of the court, a copy of the 
protocol shall be sent by registered mail to the person who is to receive a 
demand or notification, and pressing notices and such fact shall be stated in the 
protocol. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 502 (Cases Where Services or Notifications are not Required) 
Services or notifications appertaining to acts of execution may be dispensed 
with if the debtor's whereabouts is unknown or if he is abroad. 
Article 503 (Court of Execution) 
(1) The executory disposition and the cooperation regarding the disposition 
provided for in this Code shall be subject to the jurisdiction of the district court 
which is the court of execution. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In cases where it has not been specially designated by law, the District Court 
which has jurisdiction over the district in which the executory procedures are to 
be or have been effected shall be deemed as the court of execution. <Amended 
by Law No. 4201, Jan. 13, 1990> 
(3) Decisions of the court of execution may be rendered without pleadings. 
Article 504 (Objection against Execution) 
(1) With respect to a judgment of the court of execution on the procedure of the 
compulsory exeGution, to which no immediate appeal may be raised, an 
executive act of the execution officer and other executive procedure to be 
observed by the execution officer, any objection may be raised before the court. 
<Amended by Law No. 5002, Dec. 6, 1995> 
(2) The court may issue an order as prescribed in Article 484 (2). 
133 IP/N/1/KORl1 
Page 317 
(3) With respect to a refusal of an execution officer to accept an entrustment of 
execution, delay of an executive act, or a fee calculated by an execution officer, 
any objection may be raised before the court. <Amended by Law No. 5002, Dec. 
6, 1995> 
(4) An immediate appeal may be raised against a judgment on a request for 
objection under Paragraphs (1) and (3). [This Article Wholly Amended by Law 
No. 4201, Jan. 13, 1990] 
Article 504-2 (Effect of Decision on Cancellation) 
(1) An immediate appeal may be raised against a decision cancelling the 
compulsory execution procedure or a decision ordering an execution officer to 
cancel the compulsory execution procedure. <Amended by Law No. 5002, Dec. 
6, 1995> 
(2) The decision as referred to in Paragraph (1) shall be effective only after it 
becomes definite. [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 505 (Suit of Demurrer regarding Claim) 
(1) A suit of demurrer by a debtor regarding the claim which has been confirmed 
by a judgment shall be brought before the court of the first instance which 
rendered the judgment. 
(2) A demurrer mentioned in Paragraph (1) shall be admissible only in so far as 
the grounds upon which it is based have arisen subsequent to the closing of 
pleadings. Where there are two or more grounds upon which a demurrer is 
based, they shall be asserted concurrently. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 506 (Suit of Demurrer regarding Issuance of Execution Clause) 
The provisions of Article 505 shall apply mutatis mutandis where, in the cases 
of Paragraph (2) of Article 480 and Article 481, a debtor contests the executory 
134 IPIN/1/KORlI 
Page 318 
power of a judgment based on the fact proved in connection with the issuance 
of the execution clause, or contests the executory power of a judgment based 
on succession which has been recognized. However, this shall not prejudice the 
right of a debtor to raise an objection regarding the issuance of the execution 
clause in accordance with the provisions of Article 484. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 507 (Suit of Demurrer and Provisional Disposition) 
(1) A suit of demurrer mentioned in Articles 505 and 506 shall not affect the 
continuation of the execution. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In the event that the ground of demurrer under Paragraph (1) is deemed 
legally well-founded and minimal evidence has been presented as to its fact, the 
court of the suit may, upon motion of parties, order the suspension of execution 
either upon or without furnishing of security, or may order to continue the 
execution or to revoke the compulsory measures taken so far upon furnishing of 
security. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The decision mentioned in Paragraph (2) shall be rendered without 
pleadings and may be rendered by the presiding judge in case of urgency. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(4) In cases of urgency, the court of execution may exercise the power 
mentioned in Paragraph (2). In such cases, it shall fix a reasonable period 
within which the written decision of the court of the suit is to be produced in 
accordance with Paragraph (2). 
(5) In the event that such period has expired, the execution shall be continued 
upon the motion of the creditor. 
Article 508 (Decision on Demurrer and Temporary Disposition) 
(1) The court of the suit may issue an order mentioned in Article 507, and may 
revoke, alter or approve the order which has already been rendered, in the 
judgment of a suit of demurrer. <Amended by Law No. 4201, Jan. 13, 1990> 
135 IPINIlIKORl1 
Page 319 
(2) In respect of the matters of a judgment mentioned in Paragraph (1), a 
provisional execution shall be declared ex officio. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(3) No appeal may be filed against the decision under Paragraph (2). 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 509 (Suit of Demurrer by Third Person) 
(1) In the event that a third person claims ownership on the subject matter of 
compulsory execution, or he asserts that he has a right to prevent assignment 
or delivery of the subject matter, he may bring a suit of demurrer to such 
execution against the creditor. However, if the debtor contests the demurrer, he 
may be sued as the joint defendant. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) The suit under Paragraph (1) shall be subject to the jurisdiction of a court of 
execution. However, in case the subject matter of a suit does not fall under the 
jurisdiction of a single judge, a collegiate department of the court which has 
jurisdiction over the location of the court of execution shall have jurisdiction. 
<Amended by Law No. 1499, Dec. 13, 1963> 
(3) The provisions of Articles 507 and 508 shall apply mutatis mutandis to the 
suspension of compulsory execution and to the revocation of the disposition of 
execution already taken. However, furnishing of security may be dispensed with 
in the revocation of the disposition of execution. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 510 (Mandatory Suspension or Restriction of Execution) 
Compulsory execution shall be suspended or restricted if any of the following 
documents are produced: <Amended by Law No. 4201, Jan. 13, 1990> 
1. An exemplification of a judgment with the executory power which contains 
a statement revoking a judgment to be executed or the provisional execution 
thereof or a statement refusing to permit a compulsory execution or ordering to 
136 IP/N/IIKORll 
Page 320 
suspend it or ordering a cancellation of a disposition of execution; 
2. An exemplification of a judgment containing a statement which orders the 
tentative suspension of compulsory execution; 
3. A certificate showing that security has been furnished in order to avert 
execution; 
4. A certificate showing that the creditor has been satisfied or has granted 
deferment of performance of the obligation subsequent to the rendering of the 
executable judgment; 
5. A duplicate of a protocol attesting that a judgment to be executed or other 
trial becomes null and void by reason of withdrawal of a suit or by other reasons, 
and a document prepared by a court official of Grade V, etc.; and 
6. An original of a conciliation protocol or authenticated certificate stating the 
effect that a compulsory execution is not carried out, or a request for or a 
entrustment of a compulsory execution is withdrawn. 
Article 511 (Revocation of Disposition of Execution and Temporary Maintenance 
hereof) 
(1) In the case of Subparagraphs 1, 3, 5 and 6 of Article 510, the disposition of 
execution already taken shall be revoked. In the case of Subparagraphs 2 and 4, 
the disposition of execution already taken shall be temporarily maintained. 
(2) If a disposition of execution is revoked under Paragraph (1), the provisions 
of Article 504-2 shall not be applicable. [This Article Wholly Amended by Law 
No. 4201, Jan. 13, 1990] 
Article 511-2 (Restriction on Suspension of Execution by Presentation of 
Performance Certificate, etc.) 
(1) The period of suspension of a compulsory execution by presenting a 
certificate as pre$cribed in Subparagraph 4 of Article 510, stating the effect that 
the performance is made, shall be two months. 
(2) The suspension of a compulsory execution by presenting a certificate as 
prescribed in Subparagraph 4 of Article 510, stating the effect that a deferment 
of performance of obligation is accepted, shall be limited to two times, and it 
137 IPINI 1 IKORl1 
Page 321 
shall not exceed six months in the aggregate. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 512 (Death of Debtor After Commencement of Execution) 
(1) In the event that a debtor has died after the commencement of a compulsory 
execution, the compulsory execution shall be continued upon his estate. 
(2) In the event that an execution act, of which the debtor has to be informed, is 
to be carried out, and if there are no heirs or their whereabouts are unknown, 
the court of execution shall, upon application of the creditor, appoint a special 
representative for the estate or for the heir. 
Article 513 (Bearing Costs of Execution) 
(1) The costs required for compulsory execution shall be borne by the debtor, 
and shall be indemnified preferentially by that execution. <Amended by Law No. 
4201,Jan. 13, 1990> 
(2) The costs mentioned in Paragraph (1) shall be repaid to the debtor by the 
creditor in case the judgment upon which the compulsory execution proceeded 
is revoked. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 513-2 (Prepayment, etc. of Execution Cost) 
(1) If a creditor request a compulsory execution, he shall pay in advance as the 
cost necessary for the compulsory execution the amount as determined by the 
court. This provision shall also be applicable when the court orders a 
prepayment of an insufficient cost. 
(2) If the creditor fails to pay in advance the cost as referred to in Pa'ragraph (1), 
the court may reject the request, or cancel the procedure of execution. 
(3) An immediate appeal may be raised against a decision under Paragraph(2). 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
l38 IP/N/IIKORll 
Page 322 
Article 514 (Assistance of Authorities) 
In cases where assistance of the authorities is required for the purpose of 
execution, the court may address a request to the authorities for their 
assistance. 
Article 515 (Compulsory Execution against Member of Armed Forces and 
Civilian Component) 
(1) Where execution against a member of the armed forces or a civilian 
component is to be enforced at a military barracks or an office or a vessel for 
military use, the court shall, upon application of the creditor, entrust the military 
judge, commanding officer or captain of a ship to enforce the execution. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(2) Things seized by entrustment shall be delivered to the execution officer who 
has been commissioned by the creditor. <Amended by Law No. 4201, Jan. 13, 
1990; Law No. 5002, Dec. 6, 1995> 
Article 516 (Execution to be Conducted in Foreign Country) 
(1) In cases where compulsory execution is to be conducted in a foreign country 
and it is possible to get judicial cooperation of a foreign public office, the court of 
the suit in the first instance shall, upon application of the creditor, entrust it to 
such foreign public office. 
(2) Where compulsory execution can be enforced through a Korean consul 
stationed abroad, the court of the suit in the first instance shall entrust him with 
the matter. 
Article 517 (Immediate Appeal) 
(1) An immediate appeal may be raised against a judgment on the compulsory 
execution procedure only in case where any special provision concerning it 
exists. 
139 IPINlllKORJl 
Page 323 
(2) The provIsions of Article 417 shall not be applicable to the appeal as 
referred to in Paragraph (1). [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 518 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 519 (Title of Debt) 
Compulsory execution may also be enforced in the following instances: 
<Amended by Law No. 4201, Jan. 13, 1990> 
1. Upon a decision which can only be attacked by appeal; 
2. Upon a decision which accompanies declaration of provisional execution; 
3. An order which becomes definite; and 
4. An authenticated certificate which is prepared by a notary public with 
respect to a claim for a payment of specified amount, or providing specified 
quantity of fungibles or securities, and which contains a statement that the 
debtor accepts the compulsory execution. 
Article 520 (Mutatis Mutandis Application) 
The provIsions of Articles 478 to 517 shall apply mutatis mutandis to a 
compulsory execution taking place by virtue of the titles of debt mentioned in 
Article 519 and settlement in court or acknowledgement of claims. However, this 
shall not apply if there is any deviation on account of Articles 521 and 522. [This 
Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 521 (Order for Payment and Execution thereof) 
(1) The execution clause of an order for payment which becomes definite, shall 
be issued by the court official of Grade V, etc. of the district court which issued 
such order for payment. 
(2) With respect to an objection against the request, it shall not be subject to a 
restriction under the former part of Article 505 (2). 
(3) The lawsuit on issuance of an execution clause, objection against a request 
140 IP/N/lIKORll 
Page 324 
or objection against issuing an execution clause shall be under the jurisdiction 
of the district court which issued the order for payment. 
(4) In case as referred to in Paragraph (3), if the request is a collegiate case, it 
shall be put on trial of the collegiate court. [This Article Wholly Amended by Law 
No. 4201, Jan. 13, 1990] 
Article 522 (Notarized Documents and Execution) 
(1) An execution clause of a deed drawn up by a notary public shall be issued 
by the notary public who is preserving the deed. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(2) A trial regarding the demurrer against the issuance of execution clause shall 
be conducted by a single judge of the District Court which has jurisdiction over 
the place where the notary public has his official domicile. <Amended by Law 
No. 4201, Jan. 13, 1990> 
(1) In respect of an assertion of demurrer regarding the claim, the restrictions 
prescribed in the former part of Paragraph(2) of Article 505 shall not be 
applied. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) A suit regarding the issuance of an execution clause, a suit of demurrer 
regarding the claim and a suit of objection concerning issuance of an execution 
clause shall be subject to the jurisdiction of the court where the debtor has his 
general forum, or if there is no such court, of the court before which a suit 
against the debtor may be instituted pursuant to the provisions of Article 9. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 523 (Execution of Fine for Negligence) 
(1) A decision imposing a fine for negligence shall be executed by order of a 
public prosecutor. 
(2) The order mentioned in Paragraph (1) shall have the same effect as an 
executory title of debt. <Amended by Law No. 4201, Jan. 13, 1990> 
141 Article 524 (Forums) IP/N/lIKORll 
Page 325 
The forums determined in this Book shall be exclusive forums. <Amended by 
Law No. 4201, Jan. 13,1990> 
CHAPTER 11 EXECUTION REGARDING MONETARY CLAIM 
SECTION 1 General Provisions 
Article 524-2 (Request for Specification of Property Relations) 
(1) If any debtor fails to discharge a pecuniary obligation by a definite and final 
judgment, protocol as prescribed in Article 206, definite payment order or civil 
arbitration protocol, the creditor who may commence a compulsory execution, 
may make a request for specification of debtor's property relations. 
(2) The request as referred to in Paragraph (1) shall be accompanied by the 
executive original and documents necessary for commencing a compulsory 
execution. 
(3) The request as referred to in Paragraph (1) shall be put on trial by a single 
judge of the court of the first instance or the court which issued an order for 
payment, or mediated it. [This Article Newly Inserted by Law No. 4201, Jan. 13, 
1990] 
Article 524-3 (Trial on Request for Specification) 
(1) If a request for specification of property relations has good ground, the court 
may order the debtor to submit a list of property specifying the property relations. 
(2) If a request for specification of property relations has no ground, or there is 
any obvious cause to deem that it is easy to discover property of the debtor, the 
court shall reject it by decision. 
(3) The trial under Paragraphs (1) and (2) shall be proceeded without any 
142 IP/N/IIKORll 
Page 326 
examination of the debtor. 
(4) The decision as referred to in Paragraph (1) shall be served to the 
requesting creditor and the debtor. 
(5) An immediate appeal may be raised against the decision under Paragraph 
(2). [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-4 (Objection against Order for Specification) 
(1) The debtor may make an objection within seven days after he has served 
the order for specification of the property relations. 
(2) If an objection is made under Paragraph (1), the court shall summon the 
creditor and debtor in a prescribed period. 
(3) If the objection has good ground, the court shall cancel by decision the order 
for specification of property relations. An immediate appeal may be raised 
against such a decision. 
(4) If an objection has no ground, or the debtor fails to appear on the designated 
date without any justifiable reason, the court shall reject by decision such 
objection. 
(5) An immediate appeal may be raised against the decision as referred to in 
Paragraph (4): Provided, That the provisions of Article 417 shall not be 
applicable. [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-5 (Designation of Date for Specification) 
(1) If no debtor rqises an objection against an order for specification of property 
relations, or an objection is rejected, the court shall summon the debtor on a 
prescribed date for specifying the property relations. This date shall be notified 
to the creditor. 
(2) The debtor shall present a list of property specifying the property which is 
143 IPINIlIKORl1 
Page 327 
the object of a compulsory execution and the following matters on the date as 
referred to in Paragraph (1). 
1. Any onerous transfer of real estate, which is made by the debtor within one 
year before the order for specification is served; 
2. Any onerous transfer of property other than real estate, which is made by 
the debtor to his spouse, lineal blood relative, collateral blood relative in the 
fourth degree and his spouse, lineal blood relative and brothers and sisters of 
the spouse, within one year before the order for specification is served; and 
3. Any gratuitous disposition of property, which is made by the debtor within 
two years before the order for specification is served, except in case of a 
courtesy present. 
(3) Matters to be entered into the list of property and the scope thereof shall 
be determined by the Supreme Court Regulations. 
(4) If a debtor who appears on the date as referred to in Paragraph (1), 
explains himself that he is able to pay his debt within three months, the court 
may extend the period in the limit of three months, and if the debtor shows that 
he has paid more than two-thirds of his debt on the newly designated date, the 
court may again extend the period in the limit of one month. [This Article Newly 
Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-6 (Oath) 
(1) The debtor shall make an oath on the date of specification that the list of 
property is true. 
(2) The provisions of Articles 291 and 292 shall be applicable to an oath as 
referred to in Paragraph (1): Provided, That the written oath shall be as follows: 
"I have prepared and presented the list of property as it is, according to my 
conscience, and if I have concealed the truth, or it is false, I swear I will be 
punished." [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-7 (Inspection and Copy of Property List) 
Any creditor who may commence a compulsory execution against a debtor, may 
request an inspection or copy of a property list. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
144 IP/N/lIKORll 
Page 328 
Article 524-8 (Penal Provisions) 
(1) Any person who falls under any of the following Subparagraphs, shall be 
punished by imprisonment for not more than three years of a fine not exceeding 
five million Won: 
1. A person who fails to appear on the date of specification without any 
justifiable reason; 
2. A person who refuses to present a list of property; 
3. A person who refuses to take an oath; and 
4. A person who presents a false list of property. 
(2) In case where the debtor is a juristic person or incorporated body or 
foundation as prescribed in Article 48, the fine as referred to in Paragraph (1) 
shall also be imposed on the debtor, in addition to punishment of the 
representative or administrator who commits an act as referred to in Paragraph 
(1). [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-9 (Request for Entry in List of Defaulters) 
(1) If a debtor fails to discharge his obligation within six months after a judgment 
or order to pay money becomes definite, or a protocol or civil arbitration protocol 
as prescribed in Article 206 is prepared, or he falls under any of Subparagraphs 
of Article 524-8 (1), the creditor may request to enter him in a list of defaulters. 
(2) In making a request under Paragraph (1), the reason shall be clarified. 
(3) The provisions of Article 524-2 (3) shall be applicable to a request as 
referred to in Paragraph (1). [This Article Newly Inserted by Law No. 4201, Jan. 
13, 1990] 
Article 524-10 (Decision on Request for Entry) 
(1) If a request as prescribed in Article 524-9 has good ground, the court shall 
make a decision to enter a debtor in a list of defaulters. 
145 IP/N/lIKORll 
Page 329 
(2) If a request for entry has no ground, or there is an obvious reason to deem 
that a compulsory execution is easy, the court shall reject it by decision. 
(3) An immediate appeal may be raised against a judgment as referred to in 
Paragraphs (1) and (2): Provided, That the provisions of Article 417 shall not be 
applicable. [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-11 (Keeping of List) 
(1) The list of defaulters shall be kept in the court which makes a decision of 
entry. 
(2) The court shall send a duplicate of the list of defaulters to the head of the 
Shi (referred to the Shi where no Ku is established; hereinafter the same shall 
apply)/Ku/Up/Myon (in case of the Shi which is of the urban and rural complex 
type, it shall be the head of the ShilKu in the Dong area, and the head of the 
Up/Myon in the Up/Myon area; hereinafter the same shall apply), of the debtor's 
legal domicile (in case where the debtor is a juristic person, the seat of the 
principal office). <Amended by Law No. 4796, Dec. 22, 1994> 
(3) Any person may request an inspection or copy of the list of defaulters or its 
duplicate. 
(4) No list of defaulters shall be published by means of printed matter, etc. [This 
Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 524-12 (Cancellation of Entry in List) 
(1) If it is proved that the obligation is extinguished by performance or any other 
reason, the court shall, upon a request of the debtor, make a decision to cancel 
him out of the list,of defaulters. 
(2) The creditor may raise an immediate appeal against a decision as referred 
to in Paragraph (1): Provided, That the provisions of Article 417 shall not be 
applicable. 
146 IP/N/IIKORll 
Page 330 
(3) When ten years elapse after entry in the list of defaulters, the court shall 
make ex officio a decision to cancel the list of defaulters. 
(4) If a decision is made under Paragraphs (1) and (3), it shall be notified to the 
head of the ShilKu/Up/Myon of the legal domicile of the debtor (if he is a juristic 
person, the seat of his principal office). 
(5) The head of the Shi/Ku/Up/Myon concerned shall, upon receiving a 
notification under Paragraph (4), cancel the duplicate of such list of defaulters. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
SECTION 2 Execution Against Movable Property 
Sub-section 1 General Rules 
Article 525 (Method of Execution and Scope of Seizure) 
(1) Execution against movables shall be effected by way of seizure. 
(2) The seizure shall not be extended further than is necessary for satisfying the 
creditor in respect of the claim specified in the executory exemplification and for 
covering the costs of execution. 
(3) Execution shall not be enforced if no surplus other than costs of execution is 
expected to accrue from the sale of the seized article. 
Article 526 (Seizure of Object on Which Person Has Real Security Right) 
(1) Seizure may be effected even in cases where a third person holds a real 
security right on the object of the seizure. However, this shall not prejudice the 
right of the third person to demand preferential payment of the proceeds of the 
sale by a suit. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In a case of the proviso of Paragraph (1), the court shall, if it deems the 
ground of claim legally well-founded and if there is a minimal showing of fact, 
order the deposition of the proceeds. However, the provisions of Articles 507 
147 IP/N/1IKORl1 
Page 331 
and 508 shall apply mutatis mutandis regarding this matter. <Amended by Law 
No.4201,Jan. 13,1990> 
Sub-section 2 Execution Against Corporeal Movables 
Article 527 (Seizure of Thing in the Possession of Debtor) 
(1) The seizure of corporeal movables in the possession of the debtor shall be 
effected by taking possession thereof by the execution officer: Provided, That if 
the creditor consents thereto, or where their removal would be attended with 
grave difficulty, such things may be left in the custody of the debtor with the fact 
specified by sealing or other way, that such movables are seized ones. 
<Amended by Law No. 5002, Dec. 6, 1995> 
(2) Thing which falls under any of the following Subparagraphs, shall be 
considered as a corporeal movable in this Book: <Amended by Law No. 4931, 
Jan. 5, 1995> 
1. Thing fixed to the soil which is unable to be registered, and which is able to 
be independently an object of trade; 
2. Fruit before separation from the soil and to be harvested within a month; 
and 
3. Securities for which an endorsement is not prohibited. 
(3) The execution officer shall notify the debtor of the reason of such seizure. 
<Amended by Law No. 5002, Dec. 6, 1995> [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 527-2 (Seizure of Corporeal Movables owned jointly by Husband and 
Wife) 
Corporeal movab,les belonging to a co-ownership of the debtor and his or her 
spouse may be seized under Article 527, if the debtor possesses it, or he or she 
possesses it jOintly with his or her spouse. [This Article Newly Inserted by Law 
No. 4201, Jan. 13, 1990] 
Article 528 (Seizure of Things in the Possession of Persons Other Than Debtor) 
148 IP/NIl/KORl1 
Page 332 
The provisions of Article 527 shall apply mutatis mutandis to the seizure of 
things which are in the possession of the creditor or of a third person who does 
not refuse to surrender them. 
Article 529 (Seizure of National Treasury) 
Execution against the State shall be effected by seizing the national treasury. 
Article 530 (Delivery of Seized Thing) 
(1) If a third person possesses a seized thing, the court may, upon a request of 
the creditor, order the third person to deliver such thing to the execution officer. 
<Amended by Law No. 5002, Dec. 6, 1995> 
(2) The request as referred to in Paragraph (1) shall be made within one week 
after the creditor knows that a third person possesses the seized thing. 
(3) The judgment as referred to in Paragraph (1) shall be executable even 
before it is served to the other party. 
(4) The judgment as referred to in Paragraph (1) shall be inexecutable at the 
expiration of two weeks after it is informed to the requesting person. 
(5) An immediate appeal may be raised against the judgment as referred to in 
Paragraph (1). [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 531 (Effect of Seizure) 
The effect of a seizure shall also extend to the natural products of the thing 
seized. 
Article 532 (Things prohibited to seize) 
The following things shall not be seized: 
1. Wearing apparel, bedding, household and kitchen utensils and other living 
149 IP/N/IIKORll 
Page 333 
necessaries which are indispensable to the debtor and his family living together; 
2. Foodstuff, fuel and lighting materials necessary for the living of the debtor 
and his family living together for two months; 
3. Monthly living expenses which are necessary for the living of the debtor 
and his family living together, and the amount of which is determined by the 
Supreme Court Regulations; 
4. Farm machines and implements, fertilizer, cattle, livestock fodder, seed and 
similar things indispensable to the agriculture of a person who operates the 
agriculture mainly by his own labor; 
5. Fishing implements, nets and bait, fry and other similar things 
indispensable to the fishery of a person who operates the fishery mainly by his 
own labor; 
6. Uniform, tools and other similar things indispensable to the business of a 
person engaged in a specialized occupation, technician, worker or a person 
who is engaged in an occupation or business mainly by his own mental or 
physical labor; 
7. Decoration, medals, badges and bunting, and other similar honorary things 
which are conferred to the debtor or his relatives; 
8. Mortuary tablet, scroll of portrait, tombstone and other things necessary for 
funeral rites, ancestral rites, or worship; 
9. Genealogy, family records, photo album and other things necessary for 
worship of ancestors; 
10. Seal, doorplate, signboard and other similar things indispensable to the 
debtor's living or performance of his duties; 
11. Diary, commercial book and other similar things indispensable to the living 
or business of the debtor; 
12. Articles relating to an unpublished writing or invention; 
13. Textbooks, catechism, learning implements, and other similar things 
which the debtor and his family living together use at school, church, Buddhist 
temple, other educational institutions or religious organizations; 
14. Glasses, hearing aid, artificial tooth, prosthetic devices, sticks, wheel 
chair and other similar physical supplementary outfits necessary for the daily life 
of the debtor and his family living together; and 
15. Fire-fighting equipment, alarm and warning implements, shelters and 
other similar things which are provided for the prevention of disaster or security 
pursuant to the provisions of laws and regulations. [This Article Wholly 
150 IPINIlIKORl1 
Page 334 
Amended by Law No. 4201, Jan. 13, 1990] 
Article 533 (Designation of Properties that may be Excluded from Seizure) 
(1) The court may, upon a request, order a cancellation of the whole or part of 
the seizure of corporeal movables, or a seizure of corporeal movables as 
prescribed in Article 532, taking into consideration the living conditions and 
other circumstances of the creditor and the debtor. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(2) When the cause has ceased or the circumstances have changed after the 
rendering of the decision mentioned in Paragraph (1), the court may, upon its 
own authority or upon application of parties, revoke or alter the same decision. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The provisions of Article 484 (2) shall apply mutatis mutandis in cases 
referred to in Paragraphs (1) and (2). <Amended by Law No. 4201, Jan. 13, 
1990> 
(4) An immediate appeal may be raised against a judgment under Paragraphs 
(1) and (2). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(5) No person shall make an objection against a decision under Paragraph (3). 
<Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 534 (Preservation of Things Seized) 
(1) An execution officer shall take proper measures, if it is necessary for the 
preservation of the seized articles. <Amended by Law No. 4201, Jan. 13, 1990; 
Law No. 5002, De~6, 1995> 
(2) If expenses are incurred in the case of Paragraph (1) the money for such 
expenses shall be advanced by the creditor, and where two or more creditors 
are concerned, by all of them in proportion to the amount of their claim. 
<Amended by Law No. 4201, Jan. 13, 1990> 
151 IP/N/lIKORl1 
Page 335 
(3) In cases where the document as prescribed in Subparagraph 2 or 4 of 
Article 510 is filed, if the value might be reduced remarkably, or excessive 
expenses is required for safekeeping it unless the seized articles are sold 
immediately, the execution officer may sell such articles. <Newly Inserted by 
Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6,1995> 
(4) When the execution officer has sold seized articles under Paragraph (3), he 
shall deposit the proceeds thereof. <Newly Inserted by Law No. 4201, Jan. 13, 
1990; Law No 5002, Dec. 6, 1995> 
Article 535 (Sale of Seized Articles by Auction) 
After the seizure has been carried out, the seized articles shall be sold by the 
execution officer by way of auction. <Amended by Law No. 4201, Jan. 13, 1990; 
Law No. 5002, Dec. 6, 1995> 
Article 536 (Valuation of Valuables) 
In cases where there are any valuables among the articles to be sold by auction, 
the execution officer shall have them valuated by an appropriate expert. 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
Article 537 (Seized Money) 
(1) Money which has been seized, shall be delivered to the creditor. 
(2) Money collected by the execution officer shall be deemed to have been paid 
by the debtor. However, this shall not apply, if the debtor has obtained a 
permission to be exempted from execution by furnishing security or by making a 
deposit. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 
1995> 
Article 538 (Date of Auction) 
There shall be more than seven days of interval between the day of seizure and 
that of auction: Provided, That this shall not apply in cases where excessive 
152 IP/N/lIKORl1 
Page 336 
expenses are necessary for preserving the seized articles or where there is fear 
of considerable depreciation of value of the articles by the lapse of time. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 539 (Place of Auction) 
(1) The auction shall be executed in the ShilKu/Up/Myon (in case of the Shi 
which is of the urban and rural complex type, the Shi/Ku in the Dong area, and 
the Up/Myon in the Up/Myon area), in which the seizure was effected: Provided, 
That it shall be executed in other places if there is any agreement between the 
creditor and the debtor. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 
4796, Dec. 22, 1994> 
(2) The day and place of auction shall be publicly notified three days prior with 
indication of articles to be sold. 
Article 539-2 (Maintenance of Order in Auction Place) 
The execution officer may ban any person who is deemed to fall under any of 
the following Subparagraphs, to enter an auction place, order him to withdraw 
the auction place or prohibit him from offering any purchase: <Amended by Law 
No. 5002, Dec. 6, 1995> 
1. A person interfering with another person's offer of purchase; 
2. A person who confers unlawfully with another person, or interferes with a 
reasonable execution of auction; 
3. A person who instigates an act as referred to in Subparagraph 1 or 2; and 
4. A person who is adjudged guilty of crimes as prescribed in Articles 136, 
137, 140, 142, 315, 323 to 327 of the Penal Code concerning the auction, and 
for whom two years have not yet passed after the judgment becomes definite. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 540 (Successful Bidding and Another Auction) 
(1) Objects shall be sold to the highest bidder after calling out three times the 
amount of his bid. 
153 IP/NIlIKORl 1 
Page 337 
(2) Objects which have been sold shall be delivered only against payment in full, 
of said objects. 
(3) In cases where the highest bidder has failed to demand delivery of the 
articles in return for full payment at the date of payment fixed in the conditions 
of auction, another auction shall take place. The same shall apply to the case 
where the highest bidder has failed to demand delivery of the articles in return 
for the payment before the closing of the auction date if the payment date has 
not been fixed. 
(4) In the case of Paragraph (3), the former highest bidder cannot take part in 
the second auction, and he is liable to apply any deficiency between the price 
realized in the second auction and that of the first one. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 540-2 (Preferential Purchasing Right of Spouse) 
(1) If any corporeal movables seized under Article 527-2 is sold at auction, the 
spouse may be present on the date of auction, and declare to purchase by 
priority. 
(2) The provisions of Article 650 (1) and (2) shall be applicable to preferential 
purchasing declaration under Paragraph (1). [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 541 (Limit of Auction) . 
The auction shall be discontinued immediately if a sufficient amount to satisfy 
the creditor and to cover the costs of execution has been accrued. 
Article 542 (Effect of Receipt by Execution Officer of Proceeds) 
Receipt by the execution officer of the proceeds shall be regarded as payment 
on the part of the debtor: Provided, That this shall not apply if the debtor has 
obtained a permission to be exempted from execution by furnishing security or 
by making a deposit. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 
154 IP/N/1/KORll 
Page 338 
5002, Dec. 6, 1995> 
Article 543 (Realization of Articles of Gold or Silver) 
Articles of gold or silver shall not be sold below their market price. In cases 
where no bid has been made up to their market price, the execution officer may 
effect the sale as he thinks suitable at a price equivalent to their market value. 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
Article 544 (Realization of Securities) 
In cases where securities have been seized by an execution officer, those which 
have market value shall be sold by the execution officer by a method deemed 
suitable at the market price on the date of sale and those which have no market 
value shall be put up for auction in accordance with general provisions. 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
Article 545 (Transfer of Inscribed Securities) 
If the securities are in inscribed form, the execution officer may do an act 
necessary for an endorsement or transfer in lieu of the debtor in behalf of the 
purchaser. <Amended by Law No. 5002, Dec. 6, 1995> [This Article Wholly 
Amended by Law No. 4201, Jan. 13, 1990] 
Article 546 (Duty to present Bill, etc.) 
(1) In case where the execution officer seizes securities aiming at payment of 
bills, checks and other money (hereinafter referred to as "bill, etc."), which are 
required to request a presentation or payment for accepting or paying them in a 
prescribed period so as to exercise the rights, if the first day of the period 
arrives, the execution officer shall do such necessary act in lieu of the debtor. 
<Amended by Law No. 5002, Dec. 6, 1995> 
(2) If the execution officer seizes uncompleted bill, etc., he shall call on the 
debtor to supplement matters to be entered in bill, etc. in a prescribed period. 
<Amended by Law No. 5002, Dec. 6, 1995> [This Article Wholly Amended by 
155 Law No. 4201, Jan. 13, 1990] 
Article 547 (Auction of Fruits Not Yet Separated from the Soil) IP/N/1/KORll 
Page 339 
(1) Fruits which have been seized before they are separated from the soil, shall 
be put up for auction after they have ripened. 
(2) An execution officer is empowered for the purpose of auction to have them 
harvested. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 
1995> 
Article 548 (Special Realization) 
(1) The court may, if necessary, have the seized articles sell by other method or 
at other place without observing the general rules of conversion ex officio or 
upon a request of a creditor who is the seizor, or who demands a dividend, or a 
debtor, and it orders another person to sell them at auction without entrusting to 
the execution officer. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, 
Dec. 6, 1995> 
(2) No protest may be raised against the decision mentioned in Paragraph (1). 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 549 (Concurrence of Seizure) 
(1) If a request for compulsory execution is made after a seizure or provisional 
seizure of corporeal movables and before the date of auction, the execution 
officer shall deliver the written request for execution to the execution officer who 
seized it previously. In this case, if there is another article to be seized, the 
execution officer shall seize it and then deliver a protocol of additional seizure. 
<Amended by Law No. 5002, Dec. 6, 1995> 
(2) In case as referred to in Paragraph (1), the entrustment of the creditor with 
the execution shall be transferred to the execution officer who effected a 
previous seizure. <Amended by Law No. 5002, Dec. 6, 1995> 
156 IP/N/1/KORll 
Page 340 
(3) In case as referred to in Paragraph (1), each of seized articles shall be 
considered to have been seized in the interests of all creditors. 
(4) In case as referred to in Paragraph (1), the execution officer who effected a 
previous seizure, shall write additionally on the back side of the seizure protocol 
the fact that the reseizure is effected in the interests of the creditor who 
requests a compulsory execution. <Amended by Law No. 5002, Dec. 6, 1995> 
[This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 550 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 551 (Demand of Auction by Creditor) 
In cases where an execution officer does not conduct an auction after the 
expiration of a reasonable period, the seizing creditor may call upon the 
execution officer to conduct an auction within a fixed period, and may request 
the court the execution for an appropriate order if the execution officer does not 
comply with the request. <Amended by Law No. 5002, Dec. 6, 1995> [This 
Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 552 (Demand of Distribution by Person having Preference) 
Any creditor who has the right to preferential payment under the Civil Code, the 
Commercial Code and other laws, may demand a distribution of proceeds of 
sale. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 553 (Procedure for Demand Distribution) 
(1) The demand of distribution under Article 552 shall be directed to the 
execution officer with a statement of the grounds therefor. <Amended by Law 
No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(2) In the case of Paragraph (1), a person who has neither residence nor 
business premises at the place where the court has its seat, shall select a 
provisional domicile and notify the execution officer thereof. <Amended by Law 
No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
157 Article 554 (Notification of Demand of Distribution) IP/N/lIKORll 
Page 341 
(1) In the cases of Articles 549 (1) and 553, the execution officer shall notify 
every creditor taking part in the distribution and the debtor of the fact that the 
demand for distribution has been made. <Amended by Law No. 5002, Dec. 6, 
1995> 
(2) In cases where a demand for distribution is made under Article 553, the 
debtor shall, within five days from the day on which he received notification of 
the execution officer, advice the execution officer as to whether he 
acknowledges the obligation or not. <Amended by Law No. 5002, Dec. 6, 1995> 
(3) In cases where the execution officer has been advised by the debtor that the 
debtor does not acknowledge the obligation mentioned in Paragraph (2) or has 
not been advised that the debtor admits the same, he shall notify the creditor of 
the facts thereof, and the creditor shall, within five days from the day of the 
notification, institute a suit against the debtor to establish his obligation. 
<Amended by Law No. 5002, Dec. 6, 1995> [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 555 (Time for Effecting Demand for Distribution) 
(1) The demand for distribution may be made up to the following time: 
<Amended by Law No. 5002, Dec. 6, 1995> 
1. When the execution officer seizes the money or receives the proceeds of 
sale; and 
2. When the execution officer has securities paid which aim a payment of bill, 
check or other money. 
(2) With respect ,to the proceeds of sale deposited under Article 534 (4), the 
demand for distribution may be made by the time on which it is possible to 
proceed the execution of movables, and in case of proceeds of sale deposited 
under the proviso of Article 709 (5), by the time the seizure thereof is requested. 
[The Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
158 IPINIlIKOR/l 
Page 342 
Article 555-2 (Demand of Spouse for Payment) 
(1) Any spouse who claims a common portion to corporeal movables seized 
under Article 527-2, may demand a payment of the proceeds of sale thereof. 
(2) The provisions of Articles 533, 554 (1) and 555 shall be applicable to the 
demand for payment as referred to in Paragraph (1). 
(3) If a creditor who received a notification under Article 554 (1), has an 
objection against a demand of the spouse for coownership, he shall institute a 
lawsuit against the spouse to have the non-coownership thereof decided. 
(4) The provisions of Articles 592 to 597 shall be applicable to a lawsuit as 
referred to in Paragraph (3). [This Article Newly Inserted by Law No. 4201, Jan. 
13, 1990] 
Article 556 (Deposit of Proceeds of Sale) 
(1) In cases where the amount of proceeds of sale is not sufficient to satisfy all 
the creditors taking part in the distribution and no agreement with respect to the 
distribution has been reached among the creditors within fourteen days from the 
knock down day, the proceeds of sale shall be deposited. 
(2) The provisions of Paragraph (1) shall apply where money is seized 
simultaneously on behalf of several creditors. 
(3) In the cases as referred to in Paragraphs (1) and (2), the execution officer 
shall report the matter to the court together with documents relating to the 
execution procedure. <Amended by Law No. 5002, Dec. 6, 1995> [This Article 
Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Sub-section 3 Execution against Right of Claims and Other Rights 
of Property 
Article 557 (Garnishee Order Against Claim Right) 
159 IP/N/l/KORll 
Page 343 
Execution against a debtor's monetary claim against a third person, or other 
claims in respect of transfer or delivery of securities or other corporeal fungibles 
shall be effected by a garnishee order of the court of execution. 
Article 558 (Court of Execution) 
The competent court of execution shall be the District Court of the place where 
the debtor has his general forum, and in the absence of any such District Court, 
then the District Court having jurisdiction over the place where the garnishee 
has his general forum: Provided, That as to a claim the subject of which is the 
delivery of articles, or a claim accompanying security right on articles, the 
District Court which is located at the place where such articles are located shall 
be the court of execution. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 559 (Motion to Issue Garnishee Order) 
(1) In a motion for the issuance of a garnishee order, the creditor shall specify 
the nature and amount of the claim to be garnished. 
(2) Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 560 (Examination not Required) 
A garnishee order may be issued without an examination of the garnishee or of 
the debtor. 
Article 561 (Attachment of Monetary Claim) 
(1) In case of garnishing a monetary claim, the court shall prohibit the garnishee 
from making payment to the debtor, and shall enjoin the debtor from disposing 
of the claim and from collecting the payment. 
(2) A garnishee order shall be served on the garnishee and the debtor. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The garnishment shall take effect upon the service on the garnishee. 
160 IP/N/IIKORll 
Page 344 
(4) With respect to a judgment on a request for garnishee order, an immediate 
appeal may be made. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 562 (Garnishing a Claim Secured by Mortgage) 
(1) In case of garnishing a claim secured by hypothec, the creditor may, without 
the consent of the debtor, have the fact of garnishment of the claim entered in 
the register. 
(2) Entry mentioned in Paragraph (1) shall be requested to the court and such 
request may be combined with a motion for the issuance of a garnishee order. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The court shall make the entry into the register after the service of the 
garnishee order on the owner of the hypothecated immovables has been 
effected. 
Article 563 (Method of Realization of Monetary Claim) 
(1) In respect of the garnished monetary claim, the creditor may apply for a 
collection order or an assignment order. 
(2) In cases where a collection order has been issued, the creditor may receive 
the payment of the garnished claim without going through the procedure for 
subrogation. 
(3) In cases where an assignment order has been issued, the claim is assigned 
to the creditor in place of payment. 
(4) The provisions of Article 561 (2) and (3) shall be applicable to a collection 
order, and the provisions of Article 561 (2), to an assignment order. <Amended 
by Law No. 4201, Jan. 13, 1990> 
(5) If another creditor makes a request for a seizure, provisional seizure or 
demand for distribution with respect to his pecuniary obligation until an 
161 IP/N/IIKORlI 
Page 345 
assignment order is served on the garnishee, the assignment order shall be null 
and void. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(6) An immediate appeal may be made against a judgment on a request as 
referred to in Paragraph (1). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(7) Any assignment order shall be effective only after it becomes definite. 
<Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(8) If an immediate appeal is made by reason that the documents as prescribed 
in Subparagraph 2 or 4 of Article 510 are submitted after an assignment order is 
issued, the appellate court shall suspend the trial on such appeal except in case 
where it cancels the assignment order by another reason. <Newly Inserted by 
Law No. 4201, Jan. 13,1990> 
Article 563-2 (Assignment of Obligation cum Mortgage) 
The provisions of Article 562 shall be applicable to case where an assignment 
order is issued to an obligation cum mortgage. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 564 (Effect of Assignment Order) 
In case where an assignment order becomes definite, the debtor shall be 
considered to have paid his obligation when the assignment order is served on 
the garnishee except in case where no obligation exists. [This Article Wholly 
Amended by Law No. 4201, Jan. 13, 1990] 
Article 565 (Effect of Collection Order) 
(1) A collection order extends to the whole amount of the claim: Provided, That 
the court may, upon receiving a request of the debtor, and after hearing the 
creditor, limit the amount of the garnishment to that of the creditor's request and 
allow the debtor to dispose of and collect the exceeding amount. <Amended by 
Law No. 4201, Jan. 13, 1990> 
162 IPlNlllKORll 
Page 346 
(2) In the case of the proviso of Paragraph (1), no other creditor may demand 
distribution of the limited portion. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The garnishee and the creditor shall be advised of the permission as 
referred to in Paragraph (1). 
Article 566 (Garnishment of Obligation to Order) 
Any garnishment of securities obligation such as bills, checks and other 
securities transferrable through endorsement, for which the endorsement is 
prohibited, shall be effected in such manner that the execution officer 
possesses such securities by the garnishee order of the court. <Amended by 
Law No. 5002, Dec. 6, 1995> [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 567 (Deeds of Obligation) 
(1) The debtor shall deliver to the creditor the deeds in his possession which 
refer to the right of obligation, if any. 
(2) The creditor may, by virtue of the garnishee order, have such deeds 
delivered to him by the debtor by way of execution. Article 567 (Special Case 
for Exemption from Provisional Execution) If an exemption from provisional 
execution is declared under Article 199 (2), only the collection order shall be 
issued to the garnished pecuniary obligation. Such order shall have the effect 
only to have the garnishee deposit the amount of obligation. [This Article Wholly 
Amended by Law No. 4201, Jan. 13, 1990] 
Article 568 (Special Case for Exemption from Provisional Execution) 
If an exemption from provisional execution is declared under Article 199 (2), 
only the collection order shall be issued to the garnished pecuniary obligation. 
Such order shall have the effect only to have the garnishee deposit the amount 
of obligation. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 568-2 (Concurrence of Garnishment) 
163 IP/N/IIKORll 
Page 347 
(1) If a new garnishee order is, after a part of obligation is garnished, issued in 
excess of the remaining part, the effect of each garnishment shall extend to the 
whole obligation. 
(2) If a new garnishee order is, after the whole obligation is garnished, issued to 
a part of the obligation, the effect of such garnishment shall be as prescribed in 
Paragraph (1). [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 569 (Report on Collection) 
(1) If a creditor collects an obligation, he shall report the reason thereof to the 
court. 
(2) If another garnishment, provisional garnishment or request for distribution is 
made before the report as referred to in Paragraph (1), the creditor shall, 
without delay, deposit the collected amount and report the reason thereof. [This 
Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 570 (Garnishee's Obligation to State to the Court) 
(1) A creditor may apply to the court to have the garnishee state to the court in 
writing, and within a period of seven days counting from service of the 
garnishee order the following matters: 
1. Whether and to what extent he admits the claim and whether he is willing 
to make payment and the extent thereof; 
2. Whether or not another person has put in a claim and the nature of the 
claim; and 
3. Whether or not other creditors have already made garnishment, and the 
nature of these garnishments. 
(2) The demand for the statements mentioned in Paragraph (1) shall be served 
on the garnishee. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The court may, if the garnishee had defaulted to make such statements, 
examine him at the court. 
164 IP/N/l/KORll 
Page 348 
Article 571 (Institution of Suit for Collection) 
In cases where a creditor proceeds, according to the purport of an order, to a 
suit against a garnishee, he shall institute such suit in the competent court 
under the general provisions and shall notify the debtor of the suit: Provided, 
That this shall not apply if the debtor is not in Korea or his domicile is unknown. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 572 (Creditor's Neglect to Collect Claim) 
In cases where a creditor has defaulted to exercise his right regarding a claim to 
be collected, he shall indemnify the debtor for any damage resulting therefrom. 
Article 573 (Waiver of Right of Collection) 
(1) A creditor may waive the right acquired by the collection order: Provided, 
That this shall not affect the basic right of claim. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(2) The waiver mentioned in Paragraph (1) shall be effected by means of a 
written notice to the court. A court official of Grade V, etc. shall serve a 
transcript thereof on the garnishee and the debtor. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 574 (Special Realization Method) 
(1) If a garnished obligation is conditional, fixed with a time limit, connected with 
a counter-performance or has other reason so that it is difficult to collect it, the 
court may, upon a request of the creditor, issue a transfer order to transfer the 
obligation to the garnisher in lieu of the payment at the value as determined by 
the court, a sale order to order the execution officer to sell the obligation in lieu 
of the collection in such a manner as prescribed by the court, or an order to 
appoint a manager in charge of a management of the obligation, or order a 
realization in other reasonable ways. <Amended by Law No. 5002, Dec. 6, 
1995> 
165 IP/N/lIKORll 
Page 349 
(2) In case as referred to in Paragraph (1), the debtor shall be heard before 
making a decision to grant the request, except in case where the debtor is not in 
the country or his residence is unknown. 
(3) An immediate appeal may be made against a decision as referred to in 
Paragraph (1). 
(4) The decision as referred to in Paragraph (1) shall be effective only after it 
becomes definite. 
(5) If the execution officer has sold a garnished obligation, he shall notify in 
writing such transfer to the garnishee in behalf of the debtor. <Amended by Law 
No. 5002, Dec. 6, 1995> 
(6) The provisions of Articles 561 (2), 563 (5), 563-2 and 564 shaWbe applicable 
to a transfer order; the provisions of Articles 539-2 and 563-2, to sales by the 
execution officer under a sale order; the provisions of Article 561 (2), to a 
management order; and the provisions of Articles 556 (2) and (3), 673, 675 to 
677, to a management under a management order, respectively. <Amended by 
Law No. 5002, Dec. 6, 1995> [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 575 (Execution against Claims for Delivery of Corporeal Articles) 
Execution against claims for the delivery of corporeal articles shall be effected 
under Articles 561 to 573 taking into consideration the provisions of the 
following several Articles. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 576 (Garnishment of Claim for Corporeal Movables) 
(1) In respect of garnishment of a claim for corporeal movables, it shall be 
ordered to deliver such articles to an execution officer entrusted by a creditor. 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(2) With regard to the realization of movables mentioned in Paragraph (1), the 
166 IP/N/l/KORJl 
Page 350 
provisions relating to the realization of seized corporeal movables shall apply. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 577 (Garnishment of Claim for Immovables) 
(1) With respect to a garnishment of claim for delivery of immovables, the 
District Court in the place where the immovables are located, shall, upon a 
request of the creditor or garnishee, designate a sequestrator, and order the 
garnishee to deliver the immovables to the sequestrator. 
(2) With respect to a garnishment of claim for transfer of right to immovables, 
the district court in the place where the immovables are located, shall, upon a 
request of the creditor or garnishee, designate a sequestrator, and order the 
garnishee to take for the sequestrator the registration formalities of transfer of 
right to the immovables in the name of the debtor. 
(3) In the case as referred to in Paragraph (2), the sequestrator shall be a 
representative of the debtor with respect to a request for registration of transfer 
of right in the name of the debtor. 
(4) In order to have the garnishee comply with an order issued under Paragraph 
(1) or (2), the creditor may request the court for a collection order. [This Article 
Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 578 (Exclusion of Assignment Order) 
An assignment order may not be issued in respect of claims regarding delivery 
of corporeal articles and transfer of right. <Amended by Law No. 4201 J Jan. 13, 
1990> 
. Article 579 (Obligation not to be garnished) 
The following obligations shall not be garnished: 
1. Sustenance allowance and bereaved family supporting allowance as 
prescribed in laws and regulations; 
2. Continuous income which the debtor receives from any relief work or a 
167 third person's charity; 
3. Salary of a soldier; and IP/N/lIKORl1 
Page 351 
4. Amount equivalent to a half of wage, pension, salary, bonus, retirement 
benefit, retirement annuity and other wage obligation having the similar nature. 
[This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 579-2 (Change in Scope of Obligation not to be garnished) 
(1) The court may, upon a request, cancel the whole or part of the garnishee 
order, or issue the garnishee order with respect to the obligation not to be 
garnished under Article 579, taking into consideration the living situation of the 
creditor and the debtor, and other circumstances. 
(2) The provisions of Article 533 (2) to (5) shall be applicable to the garnishment. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 580 (Demand for Distribution) 
(1) Any creditor who has a claim for preferential payment, and who has an 
executory exemplification under the Civil Code, the Commercial Code and other 
laws, may demand the court for distribution at the following time: <Amended by 
Law No. 5002, Dec. 5, 1995> 
1. When the garnishee makes a report on deposit under Article 581 (3); 
2. When the creditor makes a report on collection under Article 559; and 
3. When the execution officer presents the realized amount to the court. 
(2) No demand for distribution shall be made after the assignment order is 
served to the garnishee. 
(3) The provisions of Articles 553 and 554 shall be applicable to the demand for 
distribution as referred to in Paragraph (1). 
(4) The demand for distribution under Paragraph (1) shall be notified to the 
garnishee. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 581 (Deposit of Indebted Amount by Garnishee) 
168 IPINlllKORll 
Page 352 
(1) A garnishee who has been served a demand of distribution of a monetary 
claim shall have the right to deposit the indebted amount. 
(2) A garnishee shall, upon request of a creditor taking part in the distribution, 
bear the obligation to deposit the indebted amount. 
(3) A garnishee who has deposited the indebted amount, shall report it to the 
court: Provided, That if there is no report in a considerable period, the creditor, 
debtor or other interested person may report the reason thereof to the court. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 582 (Suit for Collection) 
(1) In cases where a garnishee fails to perform his obligations in the collection 
procedure, the creditor may seek the performance by a suit. 
(2) Every creditor with an executory exemplification is entitled to join the plaintiff 
as a co-litigant. 
(3) A garnishee against whom the suit has been brought may, up to the first day 
of pleadings, enter an application that those creditors who have not joined the 
plaintiff shall be summoned as co-litigants. 
(4) The judgment in the case of Paragraph (3) shall have effect against the 
summoned creditors. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 583 (Urging of Collection by Creditors) 
In the event that a creditor who effected garnishment defaults to proceed with 
the collection procedure, any creditor who has demanded distribution by an 
executory exemplification may urge the collection of the claim within a fixed 
period, and may directly collect the claim upon permission of the court if the call 
is not honored. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 584 (Execution against any Other Property Right) 
169 IP/N/IIKORll 
Page 353 
(1) The provisions of present Sub-section shall apply mutatis mutandis to 
execution of a property right, the object of which is not immovables and which is 
different from the property rights specified in the several preceding Articles. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(2) In cases where there is no garnishee, the garnishment shall take effect from 
the time when an injunction order prohibiting the disposition of the right is 
served on the debtor. 
(3) Deleted. <by Law No. 4201, Jan 13, 1990> 
Sub-section 4 Distribution Procedure 
Article 585 (Commencement of Distribution Procedure) 
The court shall commence the distribution procedure in the following cases: 
<Amended by Law No. 5002, Dec. 6, 1995> 
1. Where the execution officer makes a deposit under Article 556; 
2. Where the collection creditor makes a deposit under Article 569, or the 
garnishee makes it under Article 581; and 
3. Where the realized amount is presented to the court under Article 574. 
[This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 586 (Urging to submit Account Statement) 
The court shall urge each creditor to submit the account statements of principal, 
interest, expenses and other incidental obligation within seven days. [This 
Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 587 (Drawing up of Distribution Schedule) 
(1) After expiration of the period specified in Article 586, the court shall draw up 
a distribution schedule. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The calculation of the claim of a creditor, who has failed to observe the 
170 IP/N/lIKORl1 
Page 354 
period of Paragraph (1), shall be made according to the purport of the statement 
of demand of distribution, the report statement, and the documentary evidences 
attached thereto. In this case, subsequent supplementation of claim amount 
shall not be allowed. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 588 (Preparation for Distribution Date) 
(1) The court shall set a date for the making of statements with regard to the 
distribution schedule and for enforcement of the distribution. All creditors and 
debtors shall be summoned to such hearing date: Provided, That the debtor 
shall not be summoned if he is abroad or his whereabouts is unknown. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(2) The distribution schedule shall be exhibited in the court three days prior to 
the distribution date for the inspection of creditors and debtors. 
Article 589 (Enforcement of Distribution) 
(1) In cases where no objection has been raised at the date, the distribution 
shall be carried out in accordance with the distribution schedule. 
(2) Amount of a claim with a condition precedent shall be placed on deposit, 
and shall be paid or redistributed, as the case may be, according to the 
fulfillment or nonfulfillment of the condition. 
(3) In cases of Paragraph (3) of Article 554 or of the provisional attachment, the 
amount of the claim which has not been confirmed or which is otherwise 
contested shall be placed on deposit. 
(4) A protocol shall be drawn up respecting the enforcement of the distribution. 
Article 590 (Objection against Distribution Schedule) 
(1) In cases where an objection is raised, all the other creditors shall make 
statement thereof. 
171 IPINIlIKORl1 
Page 355 
(2) In cases where an objection has been acknowledged by those persons 
concerned, or if an agreement has been otherwise reached, the schedule shall 
be amended and distribution shall be carried out accordingly. 
(3) In cases where an objection has not been settled, the distribution shall be 
enforced only in respect of the part which is not contested. 
Article 591 (Non-appearance of Creditor) 
(1) A creditor who has failed to appear at the hearing date shall be considered 
to have assented to the enforcement of the distribution schedule. <Amended by 
Law No. 4201, Jan. 13,1990> 
(2) In cases where a creditor who has failed to appear at the hearing date is 
connected with the objection raised by another creditor, he shall be considered 
not to have acknowledged such objection. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 592 (Proving of Filing of Suit Demurrer) 
In cases where an objection has not been settled, the creditor who raised the 
objection shall, within seven days from the date of the distribution, prove that he 
filed a suit against other creditors. Subsequent to the expiration of the foregoing 
period, the court shall order the enforcement of the distribution regardless of the 
objection. [This Article Wholly Amended by Law No. 1499, Dec. 13, 1963] 
Article 593 (Assertion of Preferential Right by Objecting Person) 
Even in cases where a creditor who raised an objection has failed to observe 
the period under Article 592, he shall not be prejudiced to assert a preferential 
right and other rights by means of a suit against the creditors who have 
received payments pursuant to the distribution schedule. <Amended by Law No. 
1499, Dec. 13, 1963> 
Article 594 (Jurisdiction of Suit of Demurrer) 
172 IP/N/IIKORll 
Page 356 
A suit of demurrer brought by a creditor shall fall under the jurisdiction of the 
court of distribution. However, if the subject matter of the suit does not fall under 
the jurisdiction of a single judge, the collegiate department of the court having 
jurisdiction over the site of the court of distribution shall have jurisdiction over 
the subject matter. In cases where several suits have been instituted and one of 
them falls under the jurisdiction of a collegiate court, the other suits shall also 
fall under the same jurisdiction: Provided, That this shall not apply to a case 
where all creditors have agreed that all objections be heard by the court of 
distribution. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 595 (Judgment on Suit of Demurrer) 
A judgment in respect of objection shall also determine the creditors who will 
get distribution and the amount thereof regarding the disputed portion. In the 
event that it is not deemed appropriate to determine the foregoing, the judgment 
shall order drawing up of a new distribution schedule and a new distribution 
procedure. 
Article 596 (Fictitious Withdrawal of Suit of Demurrer) 
In cases where a creditor who has raised an objection fails to appear at the first 
date of pleadings, he shall be considered to have withdrawn his suit. <Amended 
by Law No. 4201, Jan. 13, 1990> [This Article Wholly Amended by Law No. 
1499, Dec. 13, 1963] 
Article 597 (Enforcement of Distribution After Conclusion of Suit) 
In case it has been proved that a judgment under Article 595 has become final 
and conclusive or a fictitious withdrawal of a suit of demurrer has taken place 
under Article 596, the court of distribution shall order payment or other 
distribution procedures. <Amended by Law No. 1499, Dec. 13, 1963> 
Article 598 (Procedure for Effecting Distribution, Distribution Protocol) 
(1) The court shall effect a distribution according to the following procedures in 
accordance with a distribution schedule. 
173 IPINlllKORll 
Page 357 
(2) In case of a creditor who will receive the total amount of the claim, the court 
shall deliver him a certificate of payment of the distributed amount and, at the 
same time, have him submit the executory exemplification in possession of him 
and shall deliver it to the debtor. 
(3) In case of a creditor who will receive only a part of the claim, the court shall 
have him submit the executory exemplification or deed of claim, and shall return 
it after entering the distributed amount, in exchange for the presentation of the 
receipt, and shall deliver the receipt to the debtor. 
(4) The amount to be distributed to a creditor who has failed to appear at the 
date shall be placed on deposit. 
(5) The procedures as referred to in Paragraphs (1) to (4) shall be recorded 
clearly in the protocol. <Amended by Law No. 4201, Jan. 13, 1990> 
SECTION 3 Execution Against Immovables 
Sub-section 1 General Rules 
Article 599 (Method of Execution) 
(1) Compulsory execution against immovables shall be effected by the court 
upon application of the creditor. 
(2) Compulsory execution shall be effected by the following means: 
1. Compulsory auction; and 
2. Compulsory administration. 
(3) A creditor may, upon his option, have one of these measures taken, or have 
both of them effected. 
(4) Compulsory administration may be effected also for the execution of 
provisional attachment. 
174 IP/NI 1 IKORl 1 
Page 358 
Article 600 (Court of Execution) 
(1) Execution against immovables shall be subject to the jurisdiction of the 
District Court sitting in the location of the immovables. 
(2) In the event that such immovables are stretched over jurisdictions of everal 
District Courts, each District Court shall.exercise jurisdiction. In this case, the 
court may, if it deems necessary, transfer the case to other competent courts. 
Sub-section 2 Compulsory Auction 
Article 601 (Application for Compulsory Auction) 
An application for a compulsory auction shall contain the following items: 
1. Indication of the creditor, the debtor, and the court; 
2. Indication of the immovables; and 
3. A claim upon which the auction is based and a title of debt which enables 
the execution. 
Article 602 (Documents to be attached) 
(1) In addition to the executory exemplification, the following documents shall be 
attached to the request: 
1. For immovables which are registered on the register as those owned by 
the debtor, an attested copy of the register; and 
2. For immovables which are not registered on the register as those owned 
by the debtor, document to attest that it may immediately be registered in the 
name of the debtor. 
(2) In case where the immovables have already been seized for the purpose of 
the compulsory administration, if such documents as referred to in Paragraph 
(1) are attached to the execution record thereof, the documents shall not be 
reattached. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 603 (Decision on Commencement of Auction, etc.) 
175 IPINlllKORll 
Page 359 
(1) Decision of commencing an auction procedure shall order the seizure of the 
immovables at the same time. 
(2) The seizure shall not hinder the debtor from using and administering the 
immovables. 
(3) After making a decision on commencement of auction procedure, the court 
may, ex officio or upon a request of an interested person, take measures 
necessary for preventing any act infringing immovables. <Amended by Law No. 
4201, Jan. 13, 1990> 
(4) The seizure shall be effective when the decision is served to the debtor, or 
the registration is made under Article 611. <Newly Inserted by Law No. 4201, 
Jan. 13, 1990> 
(5) An immediate appeal may be made against a judgment to reject a request 
for compulsory auction. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 603-2 (Investigation of Present Situation) 
(1) The court shall order the execution officer to investigate the present state of 
immovables, relation of possession, amount of rent or deposit, and other 
present situation, without delay after making a decision to commence the 
auction. <Amended by Law No. 5002, Dec. 6, 1995> 
(2) The execution officer may have access to the immovables for the purpose of 
the investigation as referred to in Paragraph (1), and ask any question, of the 
debtor or a third person who possesses the immovables, or demand him to 
present documents. <Amended by Law No. 5002, Dec. 6, 1995> 
(3) If it is required in order to have access to the immovables under Paragraph 
(2), the execution officer may take any proper measure, such as to open a 
locked door, and so on. <Amended by Law No. 5002, Dec. 6, 1995> [This 
Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 603-3 (Objection against Decision on Commencement of Auction) 
176 IP/N/1/KORll 
Page 360 
(1) Any interested person may raise to the court an objection against a decision 
to commence an auction until the knockdown price is paid up. 
(2) The court may, upon receiving an objection under Paragraph (1), issue an 
order based on Article 484 (2). 
(3) The interested person may make an immediate appeal against a judgment 
on the objection as referred to in Paragraph (1). [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 604 (Concurrence of Seizure) 
(1) If another request for a compulsory auction is made with respect to 
immovables for which the commencement of auction procedure is decided to 
execute the compulsory auction or security right, the court shall decide again 
the commencement of auction procedure, and hold the auction according to the 
predetermined execution procedure. 
(2) If an application for auction the commencement of which has been decided 
previously, is withdrawn, or the procedure thereof is cancelled or suspended, 
the court shall proceed with the procedure on the basis of the latter decision to 
commence the compulsory auction within the limit not to prejudice any' 
preference as prescribed in Article 608 (1). [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 605 (Demand for Distribution) 
(1) Any creditor who has claim for preferential payment under the Civil Code, 
the Commercial Code and other laws, who has an executory exemplification, 
and who has made a provisional seizure after registration of request for auction, 
may demand the distribution by the knockdown date. 
(2) The demand for distribution shall be made with its cause specified, and a 
person who has no residence or office in the seat of the court, shall select a 
provisional address and report it to the court. [This Article Wholly Amended by 
177 Law No. 4201, Jan. 13, 1990] 
Article 606 (Application for Double Auction, etc.) IP/N/1/KORl1 
Page 361 
(1) In cases where request as referred to in Articles 604 and 605 has been filed, 
the court shall notify it to the interested persons. <Amended by Law No. 4201, 
Jan. 13, 1990> 
(2) In cases where a creditor demands distribution without an executory 
exemplification, the debtor shall, within five days from the time of notification 
mentioned in Paragraph (1), declare to the court whether he acknowledges the 
claim or not. 
(3) In cases where the court has received a notification from the debtor that he 
does not acknowledge the claim mentioned in Paragraph (2), or the court has 
not received a notification of acknowledgement from the debtor, the court shall 
notify thereof to the creditor, and the creditor shall, within a period of five days 
from the date of such notification, institute a suit against the debtor and 
establish his claim. 
Article 607 (Persons Interested in Auction Procedure) 
The following persons shall be considered to be persons interested in the 
auction procedure: <Amended by Law No. 4201, Jan. 13, 1990> 
1. The execution creditor and creditors demanding distribution by virtue of 
executory exemplifications; 
2. The debtor and owner; 
3. The person holding rights on immovables entered in the register; and 
4. The person who has rights on immovables, and proves his rights. 
Article 608 (Selection Between Principle of Taking Over and Principle of 
Purplus) 
(1) A sale shall not be effected unless charges of immovables appertaining to 
claims which are preferential to the claim of the execution creditor have been 
taken over by the successful bidder or unless it has been recognized that the 
178 IP/N/1/KORll 
Page 362 
proceeds of the sale will not be deficient to clear the charges. 
(2) The mortgage and the leasehold on a deposit basis the duration of which is 
not determined or is to be terminated within six months after registration under 
Article 611, shall be extinguished due to a knockdown. <Amended by Law No. 
4201, Jan. 13, 1990> 
(3) The successful bidder shall be liable to pay to the lienor the obligation which 
is secured by the lien. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 609 (Effect of Seizure and Right of Third Party) 
(1) A third party who acquired a right shall not be immune from the effect of a 
seizure, if, at the time of acquisition, he knew of the application for auction or of 
the seizure. 
(2) In cases where an immovable had already been burdened for the claim for 
which seizure had been effected, the auction procedure shall be continued even 
though a third person who acquired the ownership after the seizure had no 
knowledge of the application for auction or of the seizure. 
Article 610 (Withdrawal of Application for Auction) 
(1) The effect of seizure shall be extinguished by a withdrawal of application for 
auction. 
(2) If an application for auction is withdrawn after a report of purchase, it shall 
be required to obtain the consent of the person who has reported the highest 
purchase price and the person who has reported the next lower price under 
Article 626-2. 
(3) The provisions of Paragraphs (1) and (2) shall be applicable to any case 
where documents as prescribed in Subparagraph 3 or 6 of Article 510 are 
presented. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 611 (Registration of Application for Auction) 
179 IP/N/l/KORll 
Page 363 
(1) The court shall, upon rendering of a decision to commence an auction 
procedure, entrust a registration official to make entries thereof in the register 
upon its own authority. 
(2) The registration official shall make entries in compliance with the 
entrustment as referred to in Paragraph (1). 
Article 612 (Forwarding of Transcript of Register) 
The registration official shall, after making the entry pursuant to Article 611, 
forward a transcript of the register to the court. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 613 (Revocation of Auction due to Destruction, etc. of Immovables) 
(1) In the event that circumstances under which the transfer of right is 
impossible due to destruction or sale of immovables, are turned out clear, 
the court shall revoke the procedure of the compulsory auction. 
(2) An immediate appeal may be made against a decision of revocation as 
referred to in Paragraph (1). [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 614 (Demand to Authorities in Charge of Taxes or Public Impositions) 
The court shall, when it has rendered a decision to commence an auction, 
demand public offices in charge of tax or other public imposition to declare, 
within a fixed period, the existence and, if any, the extent of its claims in respect 
of the immovable . 
. Article 615 (Determination of Reserve Price) 
The court shall have an appraiser appraise immovables, and determine the 
reserve price taking the appraisal price into consideration. [This Article Wholly 
Amended by Law No. 4201, Jan. 13, 1990] 
180 IP/N/lIKORl1 
Page 364 
Article 615-2 (Blanket Auction) 
If it is deemed reasonable to have the same person purchase the immovables 
taking into consideration the location, shape, relation of utilization, etc. of 
several immovables, the court may determine to put up them to a blanket 
auction. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 616 (Revocation of Auction When Surplus is not Expected) 
(1) The court shall, when it deems that the lowest bidding price is not expected 
to yield any surplus after deducting the charges preferential to the claim of the 
execution creditor over the immovable and expenses of the procedure, notify 
the execution creditor thereof. 
(2) In the event that the execution creditor fails to fix an amount which will yield 
a surplus after clearing the charges and costs under Paragraph (1) and to make 
an offer to purchase in the price if no report on acquisition by purchase is made, 
and to furnish sufficient guarantee therefor within seven days from the day of 
the notification under Paragraph (1), the auction procedure shall be revoked. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be made against a decision of revocation as 
referred to in Paragraph (2). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 617 (Fixing the Date of Bidding and of Adjudication) 
(1) The court shall, when it deems that a surplus may be yielded after satisfying 
the claims and defraying expenses under Paragraph (1) of Article 616 or when 
the execution creditor has made an offer and has furnished sufficient guarantee 
under Article 616 (2), fix the times of bidding and of objectification and publicly 
notify thereof up9n its own authority. <Amended by Law No. 4201, Jan. 13, 
1990> 
(2) The court shall notify the interested person of the time of bidding and that of 
objectification. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
181 IP/N/IIKORlI 
Page 365 
(3) The notification as referred to in Paragraph (2) may be sent by registered 
mail to the address of the interested person indicated in the execution record. 
<Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 617-2 (Statement of Articles for Sale by Auction) 
The court shall prepare a statement of articles for sale by auction specifying the 
following matters, and keep a copy thereof in the court so that the general 
public may inspect it: 
1. Description of the immovables; 
2. Possessor of the immovables, title of such possession, period to be 
possessed, and statement of related person as to the rent or deposit money; 
3. Right or Provisional disposition related to registered immovables, the effect 
of which is not extinguished by knockdown; and 
4. Outline of the superficies which is considered to have been established by 
knockdown. [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 618 (Matters to be Publicly Notified for the Bidding Date) 
The public notification of the bidding date shall contain the following matters: 
<Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
1. Description of the immovables; 
2. Effect that the auction is held by a compulsory execution; 
3. Possessor of the immovables, title of such possession, period to be 
possessed and used, stipulation of rent or deposit money and amount thereof, if 
any; 
4. Date, time and place of auction, and the name of the execution officer who 
holds the auction; 
5. The lowest price offered by the successful bidder; 
6. Date, time and place of objectification; 
7. Place where .the execution record may be inspected; 
8. Effect to report the obligation of a person having any right to immovables 
for which entry in the register is not required; and 
9. Effect that the interested person is to attend at the time of auction. 
Article 619 (Time of Auction) 
182 IP/N/l/KORll 
Page 366 
(1) The time of the first auction shall be fixed at least fourteen days after the day 
of public notification. 
(2) The auction shall be held in the court: Provided, That the execution officer 
may hold it at another place with the permission of the court. <Amended by Law 
No. 5002, Dec. 6, 1995> [This Article Wholly Amended by Law No. 4201, Jan. 
13, 1990] 
Article 619-2 (Applicable Provisions) 
The provisions of Article 539-2 shall be applicable to the maintenance of order 
in the auction place. [This Article Newly Inserted by Law No. 4201, Jan. 13, 
1990] 
Article 620 (Date of Adjudication) 
(1) The date of adjudication shall be fixed within seven days after the date of 
bidding. 
(2) Procedure for adjudication shall be effected within the court. 
Article 621 (Method of Public Notification on Time of Auction) 
(1) The public notification on the time of auction shall be made by posting the 
document stating matters to be notified publicly on a bulletin board of the court. 
(2) The public notification on the time of the first auction shall be published in 
summary in the newspapers. If it is deemed necessary, the court may also 
insert the time of other auction in the newspapers. [This Article Wholly 
Amended by Law. No. 4201, Jan. 13, 1990] 
Article 622 (Alteration of Conditions of Sale upon Agreement) 
(1) Conditions of sale, except that of the reserve price, may be altered upon 
agreement of interested parties. 
183 IP/N/IIKORll 
Page 367 
(2) The agreement as referred to in Paragraph (1) may be effected up to the 
time of auction. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 623 (Alteration of Conditions of Sale upon Authority) 
(1) The court may, if it deems necessary, notify ex officio conditions of sale 
specified in this Sub-section. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) No objection may be made against the decision under Paragraph (1): 
Provided, That an immediate appeal may be made against the alteration of the 
reserve price. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) In case as referred to in Paragraph (1), the court may have the execution 
officer make a necessary investigation into the immovables. <Amended by Law 
No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
Article 624 (Invitation for Bids) 
The execution officer shall urge bidders to make a report of the bidding price 
after allowing everyone to inspect the execution record and advising them of the 
special condition of sale, if any, at the time of auction. <Amended by Law No. 
5002, Dec. 6, 1995> [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 625 (Security of Bid) 
If a bidder fails to deposit immediately in security with the execution officer the 
cash equivalent to a tenth of the bidding price or securities as recognized by the 
court, no bid shall be admitted. <Amended by Law No. 5002, Dec. 6, 1995> 
[This Article WhoUy Amended by Law No. 4201, Jan. 13, 1990] 
Article 626 (Effect of Bid) 
(1) Each bidder whose bid has been admitted, shall be bound by it until a higher 
bid is admitted. 
184 IP/N/lIKORl1 
Page 368 
(2) An auction shall not be closed until an hour lapses after urging a report on 
the bidding price. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 626-2 (Report on Underbidding) 
Any bidder other than the highest bidder may, if his reported amount exceeds 
the amount remained after deducting the security from the highest bidding price, 
make to the execution officer a report to the effect that his bid would be 
admitted in case where the highest bidder fails to fulfill his liability on the day the 
price is paid (hereinafter referred to as "underbidding report"). <Amended by 
Law No. 5002, Dec. 6, 1995> [This Article Newly Inserted by Law No. 4201, Jan. 
13,1990] 
Article 627 (Closure of Auction) 
(1) If a lawful underbidding is made after pronouncing the name of the highest 
bidder and his offered price, and urging any underbidding, the execution officer 
shall determine the underbidder, pronounce his name and bidding price, and 
then announce the closure of auction. <Amended by Law No. 5002, Dec. 6, 
1995> 
(2) If there are two or more persons who have made the underbidding, the 
person who has bidden a higher price, shall be determined as the underbidder, 
and if the bidding price is equal, the underbidder shall be determined by lot. 
(3) Any bidder other than the highest bidder and the underbidder may be 
exempted from the liability for his bid by the announcement as referred to in 
Paragraph (1), and demand immediately the return of the security. [This Article 
Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 628 (Protocol of Auction) 
(1) The protocol of auction shall include the following matters: 
1. Description of the immovables; 
185 2. Indication of the creditor effecting the seizure; IPINlllKORll 
Page 369 
3. The fact that the execution record has been submitted to public inspection; 
4. The fact that a special condition of sale is informed, if any; 
5. The fact that a report on the bidding price is urged; 
6. All the bidding prices and the names and addresses of bidders, or the fact 
that there is no bidding price report to be admitted; 
7. The date and time the closure of auction is notified; 
8. The fact that any security was deposited for bidding, or the bidding was not 
admitted due to non-deposit of security; and 
9. The fact that the names and bidding prices of the highest bidder and the 
underbidder. 
(2) The highest bidder, underbidder and interested person present shall sign 
and seal on the protocol. If they are impossible to do so, the reason shall be 
mentioned additionally thereto. 
(3) In cases where the money or securities which have been deposited for 
security of the bidding are returned, the execution officer shall take a receipt 
therefor and attach it to the protocol. <Amended by Law No. 5002, Dec. 6, 
1995> [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 629 (Delivery of Protocol and Money) 
The execution officer shall deliver the protocol as well as money or securities, 
which he has kept for the security of bidding and has not yet returned to the 
bidder, to the court official of Grade V, etc. within three days. <Amended by Law 
No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
Article 630 (Report of Provisional Domicile by Highest Bidder) 
(1) The highest bidder shall, in case he has neither residence nor business 
office at the place where the court has its seat, select a provisional domicile at 
such place and shall report it to the court. In the event of his failure to do so, the 
provisions of Paragraph (2) of Article 171 and Article 174 shall apply mutatis 
mutandis. <Amended by Law No. 4201, Jan. 13, 1990> 
186 IPINIlIKORlI 
Page 370 
(2) The selection of a provisional domicile may be made by oral statement 
before an execution officer. In this case, the execution officer shall make entries 
in the protocol. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 
6,1995> 
Article 631 (New Auction) 
(1) In the event that no admissible bid has been made at the time of auction, the 
court, in so far as it is not prejudicing the preferential right as prescribed in 
Article 608 (1), shall reduce the lowest price to a reasonable extent and fix a 
new time of auction. The same shall apply in cases where no admissible bid is 
made at the new time. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The new time of auction shall be fixed on a day coming after seven days 
from the day of public notification. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 632 (Statement at Time of Adjudication) 
(1) The court shall ask interested parties attending on the adjudication date to 
state their opinions regarding the adjudication of auction. 
(2) An objection in respect of granting of a bidding shall be made until an 
adjudication thereof is rendered. The same shall apply to expressing of 
objection which has already been filed. 
Article 633 (Causes for Objection against Adjudication on Successful Bid) 
Any objection against an adjudication on successful bid shall be made in any of 
the following cases: 
1. Where the compulsory execution is not to be allowed or continued; 
2. Where the highest bidder has no ability or qualification to acquire the 
immovables; 
3. Where the highest bidder or his representative falls under any of 
Subparagraphs of Article 539-2; 
4. Where the acquisition is made in contravention of the legal conditions of 
sale, or such legal conditions of sale are changed without agreement of all 
187 interested persons; IP/N/1/KORl1 
Page 371 
5. Where the public notification on the time of auction is contrary to the 
provisions of laws; 
6. Where exists any grave defect in the determination of the reserve price or 
the blanket auction, or the preparation of detailed statement of articles; 
7. Where the provisions of Articles 626 (2) and 627 are violated; and 
8. Where another person is pronounced as the highest bidder in 
contravention of the provisions of Article 625. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 634 (Limitation of Objection) 
No objection may be based on grounds which concern rights of other interested 
persons. 
Article 635 (Refusal of Adjudication) 
(1) The court shall, in case it deems an objection well-founded, refuse to grant 
an adjudication. 
(2) The court shall, in case there exist causes specified in Article 633, refuse to 
grant an adjudication upon its own authority: Provided, That this shall be limited 
to the case where the object of the auction is not transferable or the auction 
procedure has been suspended in case as referred to in Subparagraph 1, and 
to the case where defects of capacity or qualification have not been redressed 
in case as referred to in Subparagraph 2, and to the case where the interested 
persons have not approved of the continuation of the procedure in case of 
Subparagraph 4. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 636 (Refusal of Adjudication in Case of Excessive Auction) 
(1) In the event that several immovables have been put up for auction and 
proceeds of one immovable are sufficient to satisfy all creditors and to cover the 
costs of compulsory execution, the court shall refuse to grant adjudication on 
other immovables. 
188 IP/N/IIKORll 
Page 372 
(2) In the case as referred to in Paragraph (1), the debtor may designate an 
immovable to be sold among his immovables. <Amended by Law No. 4201, Jan. 
13, 1990> 
Article 637 (New Auction in Case of Refusal of Adjudication) 
(1) In cases where the granting of an adjudication has been refused under 
Articles 633 and 635 and a new auction has been ordered, the court shall, upon 
its own authority, fix the new date of auction. 
(2) The new date of auction shall be fixed on any day after seven days from the 
day of public notification. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 638 (Decision on Whether or not Successful Bid is to be approved) 
(1) The decision on whether or not the successful bid is to be approved, shall be 
pronounced. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The provisions of Articles 141 to 143 and 145 to 147 shall be applicable to a 
protocol of successful bid. 
(3) The decision under Paragraph (1) shall be effective only after it becomes 
definite. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 639 (Request, etc. for Non-Approval of Successful Bid in Case of 
Damage to Immovables) 
(1) If the immovables are damaged after reporting a bidding price, by any 
natural disaster or terrestrial upheaval, or by other causes not attributable to 
him, the highest bidder may make a request for non-approval of the successful 
bid, and the successful bidder, a request for cancellation of the decision on 
successful bid until the price is paid, except in case where the damage of 
immovables is insignificant. 
(2) An immediate appeal may be instituted against a decision on a request for 
cancellation of decision on approval of successful bid under Paragraph (1). 
189 [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 640 (Ruling to Grant Adjudication) IP/N/l/KORll 
Page 373 
(1) The ruling to grant adjudication shall specify the immovable put up for 
auction, the successful bidder, the amount of the bid, and special conditions of 
sale, if any. 
(2) The ruling under Paragraph (1) shall be publicly notified by putting up on the 
bulletin board of the court in addition to being pronounced. <Amended by Law 
No. 4201, Jan. 13, 1990> 
Article 641 (Immediate Appeal by Interested Party) 
(1) An interested party may, in case he is prejudiced by the ruling of granting or 
refusing the auction, file an immediate appeal in respect of the ruling. 
(2) A successful bidder asserting that there is no ground for granting 
adjudication to him, or that it should have been granted to him under different 
conditions than those in the ruling, as well as a bidder who asserts that 
adjudication should have been granted to him, is entitled to raise immediate 
appeal. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) In the case as referred to in Paragraphs (1) and (2), the bidder who asserts 
that adjudication should have been granted to him remains bound by his bid. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 642 (Appeal against Ruling Which Grants or Refuses Adjudication) 
(1) An appeal against a ruling which refuses adjudication can be based only on 
the grounds of nonexistence of all of the causes for refusal specified in this 
Code. 
(2) An appeal against decision on approval can be based only on the grounds of 
objection against adjudication specified in this Code, or on the grounds that the 
adjudication conflicts with the contents of the protocol of adjudication. 
190 IP/N/1/KORll 
Page 374 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) An appeal which is based upon the grounds of retrial shall not be affected by 
the provisions of Paragraphs (1) and (2). <Amended by Law No. 4201, Jan. 13, 
1990> 
(4) When a debtor, owner or successful bidder institutes an appeal against a 
decision on approval of successful bid, he shall deposit as security the cash 
equivalent to a tenth of the price knocked down or securities as recognized by 
the court. <Newly Inserted by Law No. 4201, Jan. 13, 1990; Law No. 4931, Jan. 
5, 1995> 
(5) If, for raising an appeal, a bill of appeal is not accompanied by a document 
attesting that a security is offered under Paragraph (4), the court of original 
judgment shall reject it by decision within seven days after receiving the bill of 
appeal. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(6) If the appeal instituted by the debtor or owner as referred to in Paragraph (4) 
is dismissed, the appellant shall not request a return of money or securities 
offered as security. <Newly Inserted by Law No. 4201, Jan. 13, 1990; Law No. 
4931, Jan. 5, 1995> 
(7) If an appeal instituted by a successful bidder under Paragraph (4) is rejected, 
the person who has instituted the appeal, shall not request a return of the 
converted amount of any money or securities offered as security, which is 
calculated by the interest rate as determined by the Presidential Decree on the 
price for which objects are knocked down, from the day on which the appeal is 
instituted, to the day on which the decision on rejection becomes definite (if 
such amount exceeds the converted amount of the money or securities offered 
as security, it shall be the converted amount of the money or securities offered 
as security): Provided, That if the person instituting the appeal has paid the said 
amount, before the securities offered as security is converted, he may request a 
return of such securities. <Newly Inserted by Law No. 4931, Jan. 5, 1995> 
Article 643 (Procedure of Trial of Appeal) 
191 IP/N/l/KORJI 
Page 375 
(1) The court of appeal may, when it is deemed necessary, designate a counter­
party for letting him make a disproving statement. 
(2) Two or more appeals against one ruling shall be combined. 
(3) The provisions of Articles 634 and 635 shall apply mutatis mutandis to the 
trial of appeal. 
Article 644 (Public Notification of Decision Which Acknowledges Appeal) 
A decision of the court of appeal altering or revoking the ruling of the court of 
execution shall be publicly notified by the court of execution by putting up on the 
bulletin board of the court. 
Article 645 (Effect of Ruling Which Refuses Adjudication) 
In cases where a ruling refusing the adjudication becomes final and conclusive, 
the successful bidder and the bidder who asserted granting of adjudication shall 
be released from the liability of his bid. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 646 (Cases where Reserve Price is to be redetermined) 
If a successful bid is not approved under Article 639 or a decision on approval 
of successful bid is cancelled, the provisions of Articles 615, 615-2, 616, 617 
and 617-2 shall be applicable. [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 646-2 (Time of Acquisition of Ownership) 
The successful bidder shall acquire the right which is the object of the auction 
when he pays up the price knocked down. [This Article Newly Inserted by Law 
No. 4201, Jan. 13,1990] 
Article 647 (Order, etc. of Delivery of Immovables) 
192 IPINIlIKORl1 
Page 376 
(1) If a successful bidder makes a request within six months after paying the 
price, the court may order the debtor, owner or possessor of the immovables 
who begins to possess them after the seizure becomes effective, to deliver 
them to the successful bidder, unless the possessor has a title to oppose to the 
successful bidder. 
(2) The court may, upon a request of the successful bidder or creditor, order to 
have an administrator take charge of the immovables until they are delivered 
after a decision on approval of the successful bid. 
(3) In case as referred to in Paragraph (2), if it is required for administration of 
immovables, the court may, upon a request of the successful bidder or creditor, 
issue any order on the basis of the provisions of Paragraph (1) with or without 
any security offered. 
(4) In issuing an order of delivery under Paragraph (1) or (3), the court shall 
hear the possessor thereof, except in case where the debtor or owner 
possesses the immovables. 
(5) An immediate appeal may be instituted against a judgment on the request 
under Paragraphs (1) to (3). 
(6) If the debtor, owner or possessor fails to comply with the order of delivery 
under Paragraphs (1) and (3), the successful bidder or creditor may entrust the 
execution officer with the execution thereof. <Amended by Law No. 5002, Dec. 
6, 1995> [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 647-2 (Decision on Whether or not Successful Bid is to approved for 
nderbidder) 
(1) In case where there is an underbidder, if the successful bidder fails to fulfill 
his liability at the time of price payment, it shall be decided whether or not it is to 
be knocked down to the underbidder. 
(2) If it is knocked down to the underbidder, the successful bidder shall not 
request the return of money or securities deposited as security for bidding. [This 
193 Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 648 (Reauction) IPINlllKORJl 
Page 377 
(1) If the successful bidder fails to fulfil! completely his liability at the time of 
price payment, and there is no underbidder, the court shall order ex officio the 
reauction of immovables. 
(2) The previous determined reserve price and other sale conditions shall be 
applicable to the procedure of reauction. 
(3) The time of reauction shall be fixed on the day coming at least seven days 
after the public notification day. 
(4) If the successful bidder pays the price, overdue interest and expenses of 
procedure not later than three days before the reauction day, the procedure of 
reauction shall be cancelled. In this case, if the underbidder obtained a decision 
on approval of successful bid, one successful bidder who pays the 
abovementioned amount earlier than the other, shall acquire the right to the 
object of sale. 
(5) In the reauction, the previous successful bidder shall not participate in the 
auction, and request the return of any money or securities deposited as security 
for sale. [This Article Wholly Amended by Law No. 4201 , Jan. 13, 1990] 
Article 649 (Auction of Share in Common Property) 
(1) In case of auction against a share in common property, it shall be entered in 
the register that an application of auction has been made against the debtor's 
share for satisfaction of the claim of the creditor, and such fact shall be notified 
to the co-owners: Provided, That there is any considerable reason, the 
notification may not be made. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The lowest bidding price shall be fixed in respect of the debtor's share based 
upon the estimated value of the whole property. 
194 IPINIlIKORJ1 
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Article 650 (Co-owner's Preferential Acquisition Right) 
(1) The co-owner may offer any security under Article 625 by the time of auction, 
and report that he would acquire preferentially the debtor's portion at the same 
price as the highest bidding price. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) In the cases of Paragraph (1), the court shall grant adjudication to such 
co-owner to be a successful bidder regardless of the report of the highest 
bid. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) In cases where several co-owners have expressed their desire to purchase 
on a preferential basis and have completed the procedure mentioned in 
Paragraph (2), the court shall, in the absence of special agreement between 
them, allow them to purchase the share of the debtor in proportion to their 
respective share. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) If a co-owner makes a preferential bid under Paragraph (1), the highest 
bidder shall be considered as an underbidder as prescribed in Article 626-2. 
<Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 651 (Erasure of Registration of Request for Auction) 
In cases where a request for auction has come to an end without granting of 
successful bid, the court shall entrust the registration official to erase the entry 
which has been made under Articles 611 and 649 (1). 
Article 652 (Distribution of Proceeds) 
In cases where a ruling granting the successful bid had become final and 
conclusive, and the proceeds are not sufficient to satisfy all the creditors 
participating in the distribution, distribution shall be made under the Civil Code, 
the Commercial Code and other laws. <Amended by Law No. 4201, Jan. 13, 
1990> 
Article 653 (Presentation of Statement of Accounts) 
195 IPINIlIKORl1 
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(1) Each creditor shall submit a statement of accounts in respect of amount of 
principal, interest, costs and other incidental claims. 
(2) In cases where a creditor fails to submit a statement of accounts of his 
claims mentioned in Paragraph (1), the provisions of Paragraph (2) of Article 
587 shall apply mutatis mutandis. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 654 (Time of Price Payment) 
(1) When the decision on grant of successful bid becomes definite, the court 
shall fix the time of price payment, and summon the successful bidder and 
underbidder. 
(2) The successful bidder shall pay the price knocked down at the time as 
referred to in Paragraph (1). 
(3) The underbidder may be exempted from the liability to purchase when the 
successful bidder pays the price, and request immediately the return of the 
security. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 654-2 (Time of Distribution) 
When the successful bidder pays the price knocked down, the court shall fix the 
time of distribution, and summon the interested person and creditor requesting 
the distribution. [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 655 (Amount to be distributed) 
(1) The amount to be distributed shall be as follows: <Amended by Law No. 
4931,Jan.5, 1995> 
1. Price; 
2. In case as prescribed in Article 648 (4), the overdue interest from the time 
of payment to the payment of price; 
3. Security as prescribed in Article 642 (6); 
4. The amount of the security as prescribed in the text of Article 642 (7), 
which the person who has instituted an appeal, may not request to return, or the 
196 IPINIlIKORl1 
Page 380 
amount paid by the person instituting the appeal under the proviso of Article 642 
(7); and 
5. The security as prescribed in Article 648 (5). 
(2) In case where immovables are sold en bloc by auction, if it is required to 
specify the price of each immovable, each price shall be the amount calculated 
by dividing the total amount of prices in proportion to the lowest bidding price of 
each immovable. This provision shall also be applicable in case where it is 
required to specify the amount of execution expenses to be borne by each 
immovable. 
(3) The amount received as security for bidding shall be included in the price 
knocked down. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 656 (Confirmation of Distribution Schedule) 
The court shall confirm a distribution schedule by questioning attending 
interested parties and creditors demanding distribution. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 657 (Matters to be Entered in Distribution Schedule) 
(1) In a distribution schedule there shall be stated the amount of proceeds, 
amount of principal and interest of claims of each creditor, amount of cost and 
order and rate of distribution. 
(2) In cases where all interested parties who have appeared, and creditors 
demanding distribution have reached an agreement, the distribution schedule 
shall be prepared in accordance with such agreement. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 658 (Preparation and Enforcement of Distribution Schedule) 
With respect to the preparation of a distribution schedule, the complete 
settlement of objection to the distribution schedule and the enforcement of the 
distribution schedule, the provisions of Article 588 and subsequent Articles shall 
197 IPINIlIKORl1 
Page 381 
be applicable except in cases as provided otherwise in the several subsequent 
Articles. [This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 659 (Objection against Distribution Schedule) 
(1) A debtor who appears at the date may raise an objection against claims of 
any creditor or against their order in rank to assert such claim. 
(2) Every creditor who appears may raise an objection mentioned in Paragraph 
(1) against any other creditor, in so far as his interests are concerned. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) Objection by a debtor against an executory claim shall be settled in 
accordance with the provisions of Articles 505, 507 and 508. 
Article 660 (Special Method of Payment) 
(1) A successful bidder may, upon approval of concerned creditors, take over 
debt up to the amount of the purchase price in lieu of payment in the course of 
enforcement of a distribution schedule, in addition, he may take over charges of 
immovables pursuant to conditions of sale. 
(2) In cases where a creditor himself is a successful bidder and the amount to 
be distributed for his claim is sufficient to pay the purchase price, the claim shall 
be extinguished by set-off: Provided, That if there exists any objection regarding 
the debt to be taken over or the claim of the successful bidder, the 
corresponding amount of the price shall be paid or security shall be deposited. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 661 (Measures after Payment of Price knocked down) 
(1) In case where the price knocked down is paid up, the court shall entrust the 
following registration with a certified copy of a decision on granting the 
successful bid: 
1. Registration of the ownership of the successful bidder; 
2. Cancellation of entry of charges on immovables which the successful 
198 IPlNlllKORJl 
Page 382 
bidder 
has not taken over; and 
3. Cancellation of the registration of a request for auction under Articles 611 
and 649 (1). 
(2) Expenses for the registration and cancellation as referred to in Paragraph 
(1) shall be borne by the successful bidder. [This Article Wholly Amended by 
Law No. 4201, Jan. 13, 1990] 
Article 662 (Joint Auction) 
In regard to auction procedures of an immovable which is conducted for several 
execution creditors simultaneously, the provisions of the preceding Articles shall 
apply mutatis mutandis. 
Article 663 (Selling by Tender) 
(1) The court may, ex officio or upon application of interested parties, order an 
invitation of tender in lieu of auction prior to the public notification of the date of 
bidding. 
(2) The provisions of the preceding Articles shall apply mutatis mutandis to the 
case mentioned in Paragraph (1). <Amended by Law No. 4201, Jan. 13, 1990> 
Article 664 (Presentation of Offer of Tender) 
(1) An offer of tender shall be presented to an execution officer on the date of 
tender. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 
1995> 
(2) The following matters shall be entered in an offer of tender: 
1. Name and address of the person who offered the tender: 
2. Indication of the immovable; and 
3. Amount of the tender. 
Article 665 (Determination of Highest Tenderer) 
199 IPINIlIKORJ1 
Page 383 
(1) An execution officer shall open and read out offers of tender in the presence 
of the tenderers. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, 
Dec. 6, 1995> 
(2) In cases where there are two or more tenders of the same amount, the 
execution officer shall cause those tenderers to make tenders again and shall 
determine the highest tenderer. <Amended by Law No. 4201, Jan. 13, 1990; 
Law No. 5002, Dec. 6, 1995> 
(3) The price tendered shall not be indicated in proportion to other prices 
tendered but shall be indicated by a fixed sum of money. 
Article 666 (Case of Non-Offer of Security) 
(1) If a person who is pronounced as the highest tenderer, fails to offer the 
security under Article 625, the undertenderer shall be determined as the highest 
tenderer. 
(2) In the case as referred to in Paragraph (1), the person who is pronounced in 
the first place, shall bear the difference between his tendering price and the 
undertendering price. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Sub-section 3 Compulsory Administration 
Article 667 (Application of Provisions of Compulsory Administration) 
The provisions of Articles 601,602, 603 (1), (3) and (4), 603-2, 603-3, 604, 605, 
605-2,606 and 611 to 614 shall be applicable to the compulsory administration. 
[This Article Wholly Amended by Law No. 4201, Jan. 13, 1990] 
Article 668 (Ruling Commencing Compulsory Administration) 
(1) In a ruling commencing a compulsory administration, the court shall prohibit 
the debtor from interfering in administrative affairs and from disposing of income 
200 IP/N/lIKORJ1 
Page 384 
of the immovable, and shall order a third party who is supposed to hand over 
income of the immovable to the debtor to deliver them to the administrator 
henceforward. 
(2) Fruits which either have been or will be yielded and those which either have 
become or will be due shall constitute income. 
(3) The ruling of commencement shall take effect against third persons upon 
service thereof. 
(4) An immediate appeal may be made against a judgment rejecting a request 
for compulsory administration. <Newly Inserted by Law No. 4201, Jan. 13, 
1990> 
Articles 669 and 670 Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 671 (Notification of Decision on Commencement) 
A new decision on commencement of the compulsory administration is made 
with respect to immovables for which a decision on commencement of 
compulsory administration was made, or a request for distribution is made, the 
court shall notify it to the administrator. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 672 (Appointment of Administrator, etc.) 
(1) The court shall appoint an administrator. However, a creditor may 
recommend a suitable person for the post. <Amended by Law No. 4201, Jan. 
13, 1990> 
(2) An administrator may, for the purpose of administration and collecting of 
income, occupy the immovable. In this case, he may have an execution officer 
present when he encounters any resistance. <Amended by Law No. 1499, Dec. 
13,1963; Law No. 4201, Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(3) The administrator shall have authority to collect the income of a third person 
201 to be paid to the debtor. 
Article 673 (Direction and Control of Court) IP/N/lIKORJ1 
Page 385 
(1) The court shall determine matters necessary for the administration and the 
remuneration of the administrator, and direct and control the administrator. 
(2) The court may order the administrator to offer any security. 
(3) If there occurs any cause by which it is impossible to have the administrator 
continue to take charge of the administration, the court may, upon a request of 
any interested person or ex officiO, dismiss the administrator. In this case, the 
court shall hear the administrator. [This Article Wholly Amended by Law No. 
4201, Jan. 13, 1990] 
Article 674 (Mutatis Mutandis Application) 
In cases where a third party asserts a right which would hinder the compulsory 
administration, the provisions of Article 509 shall apply mutatis mutandis. 
Article 675 (Disposition of Income) 
(1) An administrator shall, in cases where an agreement has not been reached 
between creditors regarding the distribution of income of the immovable after 
the deduction of tax or other public imposition of the immovable and the 
payment of cost of administration, make a report thereof to the court. 
(2) In case where a report as mentioned in Paragraph (1) has been made, the 
court shall draw up a distribution schedule in mutatis mutandis application of the 
provisions of Article 652, Articles 657 to 659 and let the administrator make 
payment pursuant to the distribution schedule. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 676 (Report of Account by Administrator) 
(1) An administrator shall submit statements of accounts to each creditor, debtor 
202 IP/N/l/KORll 
Page 386 
and the court every year after the closing of business. 
(2) Each creditor and debtor may raise an objection to the court of execution 
within seven days from the date of service of the statement of accounts. 
(3) In cases where no objection has been raised within the period mentioned in 
Paragraph (2), the administrator shall be considered to have been released 
from his liability. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) In cases where an objection has been raised, the court shall make a 
decision after questioning the administrator. When the disposition of the 
objection has been completed, the court shall exempt the administrator from his 
liability. 
Article 677 (Revocation of Compulsory Administration) 
(1) Revocation of a compulsory administration shall be effected by a ruling of 
the court. 
(2) The revocation as mentioned in Paragraph (1) shall be effected upon the 
court's own authority when all creditors have been satisfied out of the income of 
the immovable. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be made against a decision on revocation of the 
compulsory administration. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) When the decision on revocation of the compulsory administration becomes 
definite, the court shall entrust the cancellation of entered registration as to the 
compulsory administration. <Amended by Law No. 4201, Jan. 13, 1990> 
SECTION 4 Execution Against Vessels, etc. 
Article 678 (Compulsory Execution against Vessel) 
The compulsory execution against a registrable vessel shall be effected 
pursuant to the provisions concerning the forcible execution of immovables 
203 IP/N/1/KORJl 
Page 387 
except in case where there is any difference by nature of things or there are 
special provisions. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 679 (Competent Court) 
For a compulsory execution against a vessel, the District Court which exercises 
jurisdiction over the port of anchorage at the time of the seizure, shall be the 
court of execution. [This Article Wholly Amended by Law No. 4201, Jan. 13, 
1990] 
Article 679-2 (Presentation of Ship's Nationality Certificate, etc.) 
When the court has decided to commence the compulsory auction, it shall order 
the execution officer to receive from the master a certificate of the ship's 
nationality and other documents necessary for a navigation, and to present 
them to the court. <Amended by Law No. 5002, Dec. 6, 1995> [This Article 
Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 679-3 (Order to deliver Ship's Nationality Certificate, etc. before request 
for Ship Execution) 
(1) If the execution might be difficult remarkably unless the ship's nationality 
certificate, etc. is not received before request for ship execution, the district 
court having the jurisdiction over the place of registry (if the ship has no 
nationality, the court as designated by the Supreme Court Regulations) may, 
upon a request, order the debtor to deliver the ship's nationality certificate, etc. 
to the execution officer. In an urgent case, the district court having the 
jurisdiction over the seat of the ship may also issue such an order. <Amended 
by Law No. 5002 Dec. 6, 1995> 
(2) If the creditor fails to present a document attesting that he made a request 
for the ship execution within five days after the execution officer has the ship's 
nationality certificate, etc. delivered, the execution officer shall return such 
certificate, etc. to the debtor. <Amended by Law No. 5002, Dec. 6, 1995> 
204 IPINIlIKORlI 
Page 388 
(3) An immediate appeal may be made against a judgment as referred to in 
Paragraph (1). 
(4) The provisions of Article 708 (2) and (3) shall be applicable to a judgment as 
referred to in Paragraph (1). [This Article Newly Inserted by Law No. 4201, Jan. 
13, 1990] 
Article 680 (Anchoring of Seized Vessel) 
(1) A vessel shall be anchored in the port of seizure during the period of 
execution procedure. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) If the court deems that there is any need for business or other considerable 
reason, it may, upon a request of the debtor, permit a navigation of the ship. In 
this case, the creditor, the highest bidder, underbidder and successful bidder 
shall agree to it. <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be made against a decision on permission of 
navigation under Paragraph (2). <Newly Inserted by Law No. 4201, Jan. 13, 
1990> 
(4) The decision on permission of navigation under Paragraph (2) shall be 
effective only when it becomes definite. <Newly Inserted by Law No. 4201, Jan. 
13, 1990> 
Article 681 (Documents to be Attached to Application for Compulsory Auction) 
(1) The following documents shall be attached to the application for compulsory 
auction: 
1. A document proving that, if the debtor is the owner of the vessel, he is in 
possession of her, and if the debtor is the captain of the vessel, he is in 
command of her; and 
2. An extract of the register containing all the entries with regard to the vessel. 
(2) A creditor may, if the public office taking charge of the public register is 
located in a distant place, apply to the court for the forwarding of the extract as 
205 IP/N/IIKORll 
Page 389 
mentioned in Subparagraph 2 of Paragraph (1). <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 682 (Measures for Observation and Preservation of Vessel) 
(1) The court may, upon application of the creditor, take necessary measures for 
observation and preservation of the vessel. 
(2) When the measures as mentioned in Paragraph (1) have been taken, the 
effect of seizure shall take place before the service of a commencement ruling 
is effected. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) Deleted. <by Law No. 4201, Jan. 13, 1990> 
Article 683 (Execution by Virtue of Judgment Rendered against Captain) 
(1) In cases where a vessel has been seized on behalf of a creditor by virtue of 
a judgment rendered against a captain, such seizure shall also have effect 
against the owner. In this case, the owner shall become an interested party in 
the procedure. 
(2) The change of owner or captain subsequent to the seizure shall not hinder 
the continuation of the execution procedure. 
(3) Any person who becomes the captain after the seizure, shall be the 
interested party. In this case, the former captain shall be exempted from the 
responsibility as such interested party. 
Article 684 (Revocation of Procedure due to Wrong Jurisdiction) 
In cases where ,it is evidently disclosed that the vessel is not within the 
jurisdiction of the court at the time of the seizure, the procedure shall be 
revoked. 
Article 684-2 (Revocation of Procedure for Compulsory Auction by Offer of 
curity) 
206 IPINlllKORll 
Page 390 
(1) When the debtor has submitted documents as prescribed in Subparagraph 2 
or 4 of Article 510, and deposited the amount equivalent to the obligation of the 
creditors who have effected the seizure and requested the distribution, and the 
expenses of execution, the court shall, upon a request, revoke procedures other 
than those for distribution. 
(2) If the suspension of execution by submission of documents under Paragraph 
(1) becomes null and void, the court shall distribute the security as referred to in 
Paragraph (1). 
(3) An immediate appeal may be made against a judgment rejecting a request 
as referred to in Paragraph (1). 
(4) The provisions of Article 504-2 (2) shall not be applicable to a decision on 
revocation of execution under Paragraph (1). [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 684-3 (Removal of Cases) 
(1) If a seized ship has departed out of the territorial jurisdiction, the court of 
execution may remove the case to another court having the jurisdiction over the 
seat of the ship. 
(2) No appeal of dissatisfaction may be made against a decision as referred to 
in Paragraph (1). [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 685 (Public Notification of Date of Bidding) 
The public notification of the date of bidding shall contain an indication of the 
vessel and the pli?ce of anchorage. 
Article 686 (Public Notification at Port of Registry) 
In cases where seizure has been effected out of the jurisdiction of the District 
Court in which the port of registry is situated, the court of execution shall 
207 IP/N/IIKORll 
Page 391 
forward the notice of bidding date to the District Court of the port of registry and 
shall entrust such court to put up such notification on its bulletin board. 
Article 687 (Order of Seizure against Quota in Ship) 
(1) Any compulsory execution against a quota in ship shall be effected in 
accordance of an example of a compulsory execution against other property 
right. 
(2) In requesting a compulsory execution against a quota in ship, the creditor 
shall submit it together with a copy of the ship register and other certificates to 
prove that the debtor holds a quota in ship. 
(3) The order of seizure shall be served to the ship administrator, in addition to 
the debtor. 
(4) When the order of seizure is served to the ship administrator, it shall be valid 
as if it was served to the debtor. [This Article Wholly Amended by Law No. 4201, 
Jan. 13, 1990] 
Article 688 (Seizure of Foreign Vessel) 
The provisions relating to entries of the procedure in the ship register shall not 
apply to the execution against a foreign vessel. 
Article 688-2 (Compulsory Execution against Motor Vehicles, etc.) 
The procedure of a compulsory execution against motor vehicles, construction 
machines and aircraft shall be determined by the Supreme Court Regulations 
on the basis of the provisions of Sections 3 and 4. <Amended by Law No. 4561, 
Jun. 11, 1993> [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
CHAPTER III EXECUTION IN RESPECT OF CLAIMS OTHER 
THAN MONETARY CLAIM 
Article 689 (Execution against Claim for Delivery of Movable) 
208 IP/N/lIKORJl 
Page 392 
In cases where a debtor must deliver specific movables or a certain quantity of 
fungibles, an execution officer shall take it from the debtor and deliver it to the 
creditor. <Amended by Law No. 5002, Dec. 6, 1995> 
Article 690 (Execution against Claim for Delivery of Immovables, etc.) 
(1) In cases where a debtor must deliver or vacate an immovable or a vessel, 
the execution officer shall take it from him and deliver it to the creditor. 
<Amended by Law No. 5002, Dec. 6, 1995> 
(2) The execution mentioned in Paragraph (1) may take place only when the 
creditor or his representative has appeared for the purpose of taking the object. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) Movables which are not objects of the execution, shall be removed by the 
execution officer and handed over to the debtor. <Amended by Law No. 4201, 
Jan. 13, 1990; Law No. 5002, Dec. 6, 1995> 
(4) In cases where a debtor is not present, such movables shall be handed 
over to his representative or to any adults among relatives residing together 
with him, or his employees. 
(5) In cases where neither a debtor nor any person referred to in Paragraph (4) 
is present, the execution officer shall take the movables in his custody charging 
the expenses to the debtor. <Amended by Law No. 4201, Jan. 13, 1990; Law 
No. 5002, Dec.6 , 1995> 
(6) In cases where the debtor defaults to take the movables, the execution 
officer shall, upon permission of the execution court, sell them in accordance 
with the provision,s regarding auction of the seized articles, and shall deposit the 
proceeds after deducting the expenses. <Amended by Law No. 4201, Jan. 13, 
1990; Law No. 5002, Dec. 6, 1995> 
Article 691 (Cases Where Object is in Possession of Third Person) 
209 IP/N/1/KORJl 
Page 393 
In cases where an object to be delivered is in the possession of a third person, 
the right of a debtor to demand delivery shall, upon application of a creditor, be 
assigned to the creditor pursuant to the provisions regarding garnishment of 
monetary claims. 
Article 692 (Substitutive Execution) 
(1) In cases provided for in Paragraphs (2) (latter part) and (3) of Article 389 of 
the Civil Code, the court of the suit in the first instance shall, upon application of 
a creditor, render a decision in accordance with the provisions of the Civil Code. 
(2) The creditor may apply for a decision ordering the debtor in advance the 
defrayment of expenses necessary for conducting acts under Paragraph (1): 
Provided, That this shall not prejudice the right of the creditor to demand 
payment of additional expenses afterwards. <Amended by Law No. 4201, Jan. 
13, 1990> 
(3) An immediate appeal may be made against a judgment on requests as 
referred to in Paragraphs (1) and (2). <Newly Inserted by Law No. 4201, Jan. 
13,1990> 
Article 693 (Indirect Compulsory Performance) 
(1) In cases where the nature of a claim permits compulsory performance, the 
court of the suit in the first instance shall, upon application of a creditor, fix an 
appropriate period to make performance by decision, and shall order, in cases 
where the debtor defaults the performance within the period, to make reparation 
of a certain amount in proportion to the period of delay or immediate reparation. 
(2) An immediate appeal may be made against a judgment on a request as 
referred to in Paragraph (1). <Newly Inserted by Law No. 4201, Jan. 13, 1990> 
Article 694 (Hearing from Debtor) 
The decisions as referred to in Articles 692 and 693 may be rendered without 
pleadings. However, the debtor shall be questioned prior to the decision. 
210 IP/NI 1 IKORl 1 
Page 394 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 695 (Execution of Obligation to Declare Intention) 
(1) In cases where a debtor has acknowledged existence of a certain relation of 
right, or a judgment ordering a declaration of intention has become final and 
conclusive, the protocol of the acknowledgement and the judgment shall be 
deemed as the declaration of intention. 
(2) In cases where the acknowledgement and the declaration of intention is to 
be made subsequent to a counter performance, such protocol and judgment 
shall take effect at the time of the issuance of the executory exemplification in 
accordance with the provisions of Articles 480 and 482. <Amended by Law No. 
4201, Jan. 13, 1990> 
CHAPTER IV PROVISIONAL ATTACHMENT AND 
PROVISIONAL DISPOSITION 
Article 696 (Purpose of Provisional Attachment) 
(1) Provisional attachment may be effected for the purpose of securing 
compulsory execution against movables and immovables in respect of a 
monetary claim or a claim which can be converted into money. 
(2) Provisional attachment may be effected even in respect of a claim not yet 
due. 
Article 697 (Necessity of Securing) 
Provisional attachment may be effected, in cases where execution of a 
judgment would be impossible or would be considerably difficult without it, and 
especially in cases where execution is to be enforced in a foreign country. 
Article 698 (Court of Provisional Attachment) 
Provisional attachment shall be under the jurisdiction of the District Court which 
211 IP/N/lIKORlI 
Page 395 
exercises jurisdiction over the place where the articles to be seized are located, 
or of the court which exercises jurisdiction over the principal case. 
Article 699 (Motion for Provisional Attachment) 
(1) Application for provisional attachment shall contain the following matters: 
1. Indication of the claim, and in cases where the claim does not consist of a 
certain sum of money, a statement of its monetary value; and 
2. A statement of facts which from the grounds for provisional attachment. 
(2) Grounds for the claim and the provisional attachment shall be minimally 
shown. 
Article 700 (Order of Provisional Attachment) 
(1) Decision in regards to application for provisional attachment may be 
rendered without pleadings. 
(2) The court may, even when grounds for claim or provisional attachment have 
not been minimally shown, order provisional attachment in cases where the 
security as fixed by the court to indemnify the possible damages to be incurred 
to the debtor due to the provisional attachment have been furnished. 
(3) The court may order provisional attachment upon security being furnished 
even when grounds of the claim and the provisional attachment have been 
minimally shown. 
(4) In cases where security has been furnished, the said fact and the manner in 
which it has been furnished shall be stated in the order of provisional 
attachment. 
Article 701 (Formalities of Decision) 
(1) Decisions regarding application for provisional attachment shall be made, in 
the case of holding pleadings, by a final judgment, and in other cases, by a 
ruling. 
212 IPINlllKORll 
Page 396 
(2) It is not required to notify the debtor of a decision dismissing application for 
provisional attachment or ordering the furnishing of security. 
Article 702 (Money for Release from Provisional Attachment) 
An order of provisional attachment shall contain an entry of an amount of 
money to be deposited by the debtor in order to suspend the execution of 
provisional attachment or to cancel the effected provisional attachment. 
Article 703 (Objection by Debtor against Ruling for Provisional Attachment) 
(1) A debtor may raise an objection against a ruling for provisional attachment. 
(2) The objection under Paragraph (1) shall explicitly state the reasons of 
demanding revocation or alteration of the provisional attachment. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(3) The raising of objection does not suspend the execution of the provisional 
attachment. 
Article 704 (Decision on Objection) 
(1) When an objection has been raised, the court shall summon parties for 
pleadings. 
(2) The court may, by a final judgment, pronounce affirmation, alteration or 
revocation of the whole or a part of the provisional attachment. 
(3) In the case of Paragraph (2), the court may order the deposit of a 
reasonable security. 
Article 705 (Order to Institute Suit on Principal Case) 
(1) In cases where a suit on the principal case is not yet pending, the court of 
provisional attachment shall, upon application of the debtor, order the creditor, 
213 IP/N/lIKORll 
Page 397 
without resorting to pleadings, to institute a suit within an appropriate period. 
(2) After the lapse of the period as referred to in Paragraph (1), the provisional 
attachment shall be revoked by a final judgment, upon application of the debtor. 
Article 706 (Revocation of Provisional Attachment due to Change of 
ircumstances) 
(1) In cases where the grounds for provisional attachment has ceased to exist 
or otherwise the circumstances have changed, or he has furnished the security 
fixed by the court, the debtor may request the revocation of the provisional 
attachment even after it has been affirmed. 
(2) If no action of merits is instituted for ten years after execution of a 
provisional attachment, the debtor or interested person may request the 
revocation thereof. <Amended by Law No. 4201, Jan. 13, 1990> 
(3) The request as referred to in Paragraphs (1) and (2) shall be adjudicated by 
a final judgment. <Amended by Law No. 4201, Jan. 13, 1990> 
(4) The adjudication as referred to in Paragraph (3) shall be made by the court 
which issued the order of provisional attachment. In the case as referred to in 
Paragraph (1), if the merits are pending, it shall be made by the court of merits. 
<Amended by Law No. 4201, Jan. 13, 1990> 
Article 707 (Mutatis Mutandis Application of Principal Execution to Provisional 
Attachment) 
The provisions relating to compulsory execution shall apply mutatis mutandis to 
the execution of the provisional attachment. However, this shall not apply in 
cases where it is ptherwise provided in the following Articles. <Amended by Law 
No.4201,Jan. 13, 1990> 
Article 708 (Requisite for Commencement of Execution) 
(1) In the event that a succession has taken place on the part of a creditor or a 
214 IPINIlIKORl1 
Page 398 
debtor after a decision regarding provisional attachment has been rendered, an 
execution clause shall be appended to the order. 
(2) Execution of a decision regarding provisional attachment shall not be 
effected after the lapse of fourteen days from the date of pronouncement or 
service of the decision. 
(3) Execution under Paragraph (2) may be enforced even before the service of 
the decision upon the debtor. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 709 (Execution of Provisional Attachment against Movables) 
(1) Execution of Provisional attachment against movables shall be effected in 
accordance with the same principle as seizure. 
(2) The competent court of execution regarding provisional attachment against 
claims shall be the court which issued the order of provisional attachment. 
(3) For provisional attachment against claims, only an order prohibiting the 
garnishee from making payment to the debtor shall be issued. <Amended by 
Law No. 4201, Jan. 13, 1990> 
(4) The money under provisional attachment shall be deposited. 
(5) Objects of provisional attachment shall not be put up for auction or be sold 
for realization: Provided, That if the value might be reduced or excess expenses 
would be needed for its safekeeping, unless the provisionally seized goods are 
sold immediately, the execution officer shall sell such goods, and deposit the 
proceeds thereof. <Amended by Law No. 4201, Jan. 13, 1990; Law No. 5002, 
Dec. 6,1995> 
Article 710 (Execution of Provisional Attachment against Immovables) 
(1) The provisional attachment of immovables shall be effected by entering the 
decision of provisional attachment in the register. 
215 IP/N/1/KORJl 
Page 399 
(2) The court of execution prescribed in Paragraph (1) shall be the court which 
has rendered the decision of provisional attachment. <Amended by Law No. 
4201, Jan. 13, 1990> 
Article 711 (Compulsory Administration for Provisional Attachment) 
In cases where compulsory administration is to be effected for the purpose of 
execution of provisional attachment, an amount of money equivalent to the 
claim to be secured shall be collected and deposited. 
Article 712 (Execution of Provisional Attachment against Vessel) 
(1) Execution of a provisional attachment of a vessel shall be effected by 
anchoring the vessel in the port in which she is lying at the time of the 
attachment. 
(2) Upon the application of the creditor, the court may take such measures as 
are necessary for observation and conservation of the vessel. 
Article 713 (Revocation of Execution of Provisional Attachment) 
(1) In cases where the amount of money as fixed in the provisional attachment 
has been deposited, the court shall revoke the provisional attachment already 
executed. <Amended by Law No. 4201, Jan. 13, 1990> 
(2) The decision as referred to in Paragraph (1) may be made without pleadings. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) An immediate appeal may be raised against a decision of revocation as 
referred to in Paragraph (1). <Amended by Law No. 4201, Jan. 13, 1990> 
(4) The provisions of Article 504-2 (2) shall not be applicable to a decision of 
revocation as referred to in Paragraph (1). <Newly Inserted by Law No. 4201, 
Jan. 13, 1990> 
Article 714 (Purpose of Provisional Disposition) 
216 IPINlllKORll 
Page 400 
(1) Provisional dispositions as regards the disputed subject matter may be 
granted if it is likely that realization of right of a party would be impossible or 
substantially difficult by change of the existing situation. 
(2) Provisional disposition may also be granted for the purpose of setting a 
provisional state of affair of a disputed relation of right: Provided, That this 
disposition shall be limited to the case where it is necessary for prevention of 
substantial damages on lasting relation of right and for avertion of imminent 
violence or coercion thereon or any other reasons. <Amended by Law No. 4201, 
Jan. 13, 1990> 
Article 715 (Application of Procedure for Provisional Attachment) 
The provisions concerning the procedure for provisional attachment shall be 
applicable to the procedure for provisional disposition, except in case where 
there are differences among subsequent several Articles. <Amended by Law No. 
4201, Jan. 13,1990> 
Article 716 (Declaration of Provisional Execution) 
A judgment revoking a provisional disposition may be declared provisionally 
executory even when it does not concern a claim based on a property right. 
Article 717 (Competent Court) 
(1) The court having jurisdiction over the principal suit shall exercise jurisdiction 
over the provisional disposition. 
(2) The decision mentioned in Paragraph (1) may be rendered without 
pleadings in case, of emergency. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 718 (Provisional Disposition by which Evacuation of Building, etc. is 
Ordered) 
Pleadings of parties shall be required for a decision of provisional disposition by 
217 which an evacuation or withdrawal from a building is ordered. 
Article 719 (Method of Provisional Disposition) IPIN/1IKORJ1 
Page 401 
(1) The court shall, upon its own authority, decide the disposition necessary to 
attain the purpose of the application. 
(2) Provisional disposition may be effected by way of appointing a sequesterer, 
ordering the counter-party to perform an act, enjoining him from conducting act 
or ordering him to render performance. 
(3) If the court prohibits immovables to be transferred or mortgaged by means 
of a provisional disposition, the fact shall be entered in the register by mutatis 
mutandis application of the provisions of Article 710. 
Article 720 (Revocation of Provisional Disposition) 
Only under special circumstances, and on security being furnished, the 
annulment of a provisional disposition may be granted. 
Article 721 (Provisional Disposition to be Ordered by Court Seated at Location 
of Disputed Subject Matter) 
(1) In cases of urgency, the District Court having jurisdiction over the place 
where the subject matter is situated may order a provisional disposition, fixing 
therein a period within which the applicant is to apply for the summoning of the 
adversary for pleadings before the jurisdictional court of the principal case. 
(2) After the expiration of the period as referred to in Paragraph (1), the District 
Court shall, upon application of the debtor, revoke the provisional disposition. 
<Amended by Law No. 4201, Jan. 13, 1990> 
(3) The decision mentioned in Paragraph (2) may be rendered without 
pleadings. <Amended by Law No. 4201, Jan. 13, 1990> 
Article 722 (Jurisdictional Court of Principal Case) 
218 IP/NIl/KORll 
Page 402 
The jurisdictional court of the principal case under this Chapter shall be the 
court in the first instance: Provided, That if the principal case is pending in the 
appellate instance, it shall be the court to which the case is pending. <Amended 
by Law No. 4201, Jan. 13, 1990> 
Article 723 (Powers of Presiding Judge) 
In case of urgency and in so far as pleadings are not required to be taken, the 
presiding judge may render a decision in respect of application under this 
Chapter. <Amended by Law No. 4201, Jan. 13, 1990> 
CHAPTER V AUCTION FOR EXECUTION, etc. OF SECURITY 
RIGHT 
Article 724 (Request for Sale of Immovables at Auction) 
(1) Any request for an auction to execute the security right to immovables shall 
be accompanied by documents to attest the existence of such security right. 
(2) If the security right is succeeded, the document to attest such succession 
shall be accompanied. 
(3) When a decision on commencement of an auction is served to the owner of 
immovables, it shall be accompanied by attested copies of documents 
submitted under Paragraph (2). [This Article Newly Inserted by Law No. 4201, 
Jan. 13, 1990] 
Article 725 (Grounds of Objection against Decision on Commencement of 
Auction) 
In an objection against a decision on commencement of auction procedure, the 
nonexistence or extinguishment of the security right may be claimed. [This 
Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 726 (Suspension of Auction) 
219 IP/N/l/KORJl 
Page 403 
(1) When the following documents are submitted to the auction court, the court 
shall suspend the auction procedure: 
1. A copy of the register on which the registration of the security right is 
cancelled; 
2. The original of the final and conclusive decision ordering a cancellation of 
the security right registration; 
3. The original of the final and conclusive decision to the effect that there is 
no security right, or the security right is extinguished; 
4. Document to the effect that the creditor has determined himself not to 
execute the security right or he would withdraw the request for auction, or he 
has the secured obligation satisfied, or he has consented to postpone the 
repayment; and 
5. The original of a judgment ordering a temporary suspension of execution of 
the security right. 
(2) In cases as referred to in Subparagraphs 1 to 3 of Paragraph (1), and in 
case where the document as referred to in Subparagraph 4 is the original of a 
conciliation protocol or authentic deed, the auction court shall revoke the 
already executed auction procedure. In case as referred to in Subparagraph 5, 
. the already executed auction procedure shall be maintained temporarily, only 
when the auction procedure is not revoked by the judgment. 
(3) An immediate appeal may be made against a decision on revocation under 
Paragraph (2). [This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 727 (Effect of Acquisition of Immovables by full Payment of Price) 
Purchaser's acquisition of immovables by paying up the price shall not be 
affected by extinguishment of the security right. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 728 (Applicable Provisions) 
The provisions of Articles 600 to 666 shall be applicable to the auction 
procedure for executing the security right the object of which is immovables. 
220 IP/N/IIKORJl 
Page 404 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 729 (Sale of Ship at Auction) 
The provisions of Articles 678 to 688 and 724 to 728 shall be applicable to the 
auction procedure for executing the security right the object of which is a ship. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 730 (Sale of Motor Vehicles, etc. at Auction) 
The auction procedure for executing the security right the object of which is 
motor vehicle, construction machines and aircraft shall be determined by the 
Supreme Court Regulations on the basis of the provisions of Articles 724 to 729. 
<Amended by Law No. 4561, Jun. 11, 1993> [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 731 (Sale of Corporeal Property at Auction) 
Any auction for executing the security right the object of which is corporeal 
property, shall be commenced when the creditor presents such object, or the 
possessor of such object agrees to a seizure. [This Article Newly Inserted by 
Law No. 4201, Jan. 13, 1990] 
Article 732 (Applicable Provisions) 
The provisions of Sub-section 2 of Section 2 of Chapter II and Articles 725 and· 
726 shall be applicable to the auction procedure as prescribed in Article 731. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 733 (Execution of Security Right to Obligation and other Property Right) 
(1) The execution of the security right the object of which is an obligation or 
other property right shall be commenced when a document attesting the 
existence of such security right (in case where a registration is required to 
transfer the right, the register or a copy thereof) is submitted. 
221 IPINIlIKORl1 
Page 405 
(2) Even in case where a right is exercised to money and other things to be 
received by a person who has offered the security, under Article 342 of the Civil 
Code, the provisions of Paragraph (1) shall also be applicable. 
(3) The provisions of Sub-section 3 of Section 2 of Chapter 11 shall be applicable 
to the procedure for executing the right under Paragraphs (1) and (2). [This 
Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
Article 734 (Auction for Realization) 
(1) Any auction pursuant to a lien and auction for realization under the 
provisions of the Civil Code, Commercial Code and other laws shall be carried 
out in conformity with the example of an auction for executing the security right. 
(2) If a compulsory auction or the auction procedure for executing the security 
right, to the object is commenced, the auction procedure by the lien shall be 
suspended, but it shall be proceeded for the creditor or the person holding the 
security right. 
(3) In case as referred to in Paragraph (2), if the compulsory auction or the 
auction for executing the security right is revoked, the auction procedure 
pursuant to the lien shall be resumed. [This Article Newly Inserted by Law No. 
4201, Jan. 13, 1990] 
Article 735 (Applicable Provisions) 
The provisions of Chapter I shall be applicable to procedure for auction, etc. as 
prescribed in this Chapter unless they are not contrary to the nature thereof. 
[This Article Newly Inserted by Law No. 4201, Jan. 13, 1990] 
ADDENDA 
Article 1 (Application of this Code to Pending Cases) 
This Code shall apply to the cases pending in the court at the time of 
enforcement of this Code: Provided, That this shall not prejudice the effect of 
222 IP/N/lIKORll 
Page 406 
the proceeding acts taken prior to the enforcement of this Code. 
Article 2 (Retroactive Enforcement) 
This Code shall also apply to any matter which has arisen prior to the coming 
into force of this Code: Provided, That it shall not affect the effect brought about 
by the previous Code. 
Article 3 (Pending Cases and Jurisdiction Thereof) 
The cases pending in the court at the time of enforcement of this Code shall be 
subject to the jurisdiction of the previous Code, even if there is no jurisdiction 
over the case in accordance with this Code. 
Article 4 (Legal Period) 
(1) The legal period which started to run from a time before the enforcement of 
this Code and the calculation thereof shall be governed by the previous Code. 
(2) The same shall apply to the period of appeal against a decision pronounced 
or notified before the enforcement of this Code even if it started to run from a 
time after this Code was put into effect. 
Article 5 (Objection against Absentee Judgment) 
An objection may be made in accordance with the previous Code against an 
absentee judgment rendered prior to the enforcement of this Code. 
Article 6 (Negligence Fine) 
A person who was not subject to a trial at the time of enforcement of this Code 
for an act to impose a negligence fine under the previous Code, shall be 
brought to trial only in so far as the act is punishable and in accordance with this 
Code. However, the amount of the negligence fine shall not exceed the amount 
under the previous Code. 
223 Article 7 (Disposition of Pending Cases) IPINlllKORll 
Page 407 
Unless otherwise specifically provided in this Code, matters relating to the 
disposition of the pending cases in the court at the time of enforcement of this 
Code shall be governed by the Supreme Court Regulations. 
Article 8 (Marshal's Fees, etc.) 
Matters relating to marshal's fees and the conduct of his duties shall be 
prescribed by the Supreme Court Regulations. 
Article 9 (Laws and Decrees to be Abolished) 
The following laws and decrees shall be repealed hereinafter: 
1. Provisions relating to Civil Procedure in Korean Civil Affairs Decree 
(Chosun Minsa Ryong); 
2. Provisions relating to Civil Procedure in United States Military Government 
Ordinance. 
Article 10 (Enforcement Date) 
This Code shall enter into force as of July 1, 1960. 
ADDENDA <Sep. 1, 1961> 
Article 1 (Interim Provisions) 
(1) This Code shall apply to the cases pending in the court at the time of 
enforcement of this Code: Provided, That this shall not affect the effect of any 
proceeding acts taken prior to the enforcement of this Code. 
(2) Cases appealed prior to the enforcement of this Code shall be governed by 
the previous Code. 
Article 2 (Enforcement Date) 
224 IP/N/lIKORll 
Page 408 
This Code shall enter into force on and after the date of its promulgation. 
ADDENDA <Dec. 13, 1963> 
(1 ) This Code shall enter into force on and after December 17, 1963. 
(2) This Code shall apply to the cases pending in the court at the time of 
enforcement of this Code: Provided, That this shall not affect the effect of 
proceeding acts taken in accordance with the previous Code before the 
enforcement of this Code. 
(3) Special re-appeal cases pending in the court and cases for which special re­
appeal may be filed at the time of enforcement of this Code shall be dealt with 
by the previous Code: Provided, That a violation of law which affected a 
judgment may be grounds for special re-appeal. 
(4) The brief of a re-appeal case pending before a court at the time of 
enforcement of this Code may be submitted within twenty days from the day of 
enforcement of this Code. 
ADDENDA <Jan. 13,1990> 
Article 1 (Enforcement Date) 
This Code shall enter into force as of September 1, 1990. 
Article 2 (Repealed Law) 
The Auction Act (Law No. 968) shall hereby be repealed. 
Article 3 (Interim Measures concerning Pending Cases) 
(1) Except provided otherwise in this Code, this Code shall apply to cases 
225 IP/N/1/KORll 
Page 409 
pending to the court at the time this Code enters into force: Provided, That it 
shall not prejudice the effect of any litigation before the enforcement of this Act. 
(2) Compulsory execution cases and auction cases under the Auction Act, 
which are requested before the enforcement of this Code shall be subject to the 
previous provisions. 
Article 4 (Retroactive Enforcement) 
This Code shall also apply to matters taken place before the enforcement of this 
Code, but it shall not prejudice the effect as produced pursuant to the previous 
provisions. 
Article 5 (Interim Measures concerning Jurisdiction) 
In the event that the court has no jurisdiction under this Code over any case 
pending to the court at the time this Code enters into force, but it has the 
jurisdiction pursuant to the previous provisions, it shall be subject to the 
previous provisions. 
Article 6 (Interim Measures concerning Legal Period) 
Any legal period running from some time before the enforcement of this Code 
and the calculation thereof shall be subject to the previous provisions. 
Article 7 (Interim Measures concerning Fine for Negligence) 
In case where a fine for negligence is imposed on any act committed before the 
enforcement of this Code, it shall not be exceeded the amount of a fine for 
negligence pursuant to the previous provisions. 
Article 8 Omitted. 
ADDENDA <Nov. 30, 1991> 
226 IP/N/lIKORll 
Page 410 
Article 1 (Enforcement Date) 
This Code shall enter into force as of the date of its promulgation. 
Articles 2 and 3 Omitted. 
ADDENDA <Dec. 14, 1991> 
Article 1 (Enforcement Date) 
This Code shall enter into force as of February 1, 1992. 
Articles 2 to 6 Omitted. 
ADDENDA <Jun. 11, 1993> 
Article 1 (Enforcement Date) 
This Code shall enter into force as of January 1, 1994 
Articles 2 to 9 Omitted. 
ADDENDA <Jul. 27,1994> 
(1) (Enforcement Date) 
This Code shall enter into force as of September 1, 1994. (Proviso is omitted) 
(2) and (3) Omitted. 
ADDENDA <Dec. 22, 1994> 
227 Article 1 (Enforcement Date) 
This Code shall enter into force as of January 1, 1995. 
Articles 2 to 4 Omitted. 
ADDENDA <Jan. 5, 1995> IPINlllKORll 
Page 411 
(1) (Enforcement Date) This Code shall enter into force as of April 1, 1995. 
(2) (Interim Measures concerning Pending Case) With respect to any case of 
compulsory auction and case of an auction to exercise the security right, which 
are requested before this Code enters into force, the previous provisions shall 
be applicable. 
ADDENDA <Dec. 6, 1995> 
Article 1 (Enforcement Date) 
This Code shall enter into force as of the date of its promulgation. 
Articles 2 to 4 Omitted. 
228 IP/N/IIKORl1 
Page 412 
THE CIVIL CODE 
Code 471 of22 February 1958 
last amended by Code. 5454 of 13. December 1997 
Entry into force: 1 January 1998 
-TABLE OF CONTENTS -
BOOK I GENERAL RULES ..................................................................................... 5 
CHAPTER I GENERAL PROVISIONS ......................................................................... 5 
CHAPTER 11 PERSONS ................................................................................................. 5 
SECTION 1 Capacity .................................................................................................................. 5 
SECTION 2 Pennanent Residence ............................................................................................... 8 
SECTION 3 Absence and Disappearance ..................................................................................... 9 
CHAPTER III JURISTIC PERSONS ........................................................................... 11 
SECTION 1 Geneml Rules ......................................................................................................... 11 
SECTION 2 Incorporation .......................................................................................................... 13 
SECTION 3 Organization ........................................................................................................... 17 
SECTION 4 Dissolution ............................................................................................................. 21 
SECTION 5 Penal Provisions ..................................................................................................... 25 
CHAPTER IV THINGS ................................................................................................. 26 
CHAPTER V JURISTIC ACTS .................................................................................... 27 
SECTION 1 General rules .......................................................................................................... 27 
SECTION 2 Declamtion of Intention .......................................................................................... 28 
SECTION 3 Agency ................................................................................................................... 29 
SECTION 4 Nullity and Voidance ............................................................................................. .34 
SECTION 5 Conditions and Time .............................................................................................. .36 
CHAPTER VI PERIOD ................................................................................................. 37 
1 IP/N/l/KORJl 
Page 413 
CHAPTER VII EXTINCTlVE PRESCRIPTION ........................................................ 39 
BOOK II REAL RIGHTS .................................................................... .................. 44 
CHAPTER I GENERAL PROVISIONS ....................................................................... 44 
CHAPTER II POSSESSORY RIGHT .......................................................................... 45 
CHAPTER III OWNERSHIP ........................................................................................ 50 
SECTION I Limitation ofO'mership ......................................................................................... 50 
SECTION 2 Acquisition of Ownership ....................................................................................... 57 
SECTION 3 Co-o'vnership ......................................................................................................... 61 
CHAPTER IV SUPERFICIES ...................................................................................... 64 
CHAPTER V SERVITUDE ........................................................................................... 67 
CHAPTER VI CHONSEGWON (RIGHT OF REGISTERED LEASE) ..................... 70 
CHAPTER VII RIGHT OF RETENTION ................................................................... 74 
CHAPTER VIII PLEDGE ............................................................................................. 76 
SECTION 1 Pledge of Movables ................................................................................................ 76 
SECTION 2 Pledge of Rights ..................................................................................................... 79 
CHAPTER IX MORTGAGE ......................................................................................... 81 
BOOK III CLAIMS ............................................................................. .................... 85 
CHAPTER I GENERAL PROVISIONS ....................................................................... 85 
SECTION I Subject of Claims ................................................................................................... 85 
SECTION 2 Effect of Claim ....................................................................................................... 88 
SECTION 3 Several Obligees and Obligors ................................................................................ 93 
SECTION 4 Assignment of Claim ......................................................... _ .................................. 102 
SECTION 5 Assumption of Obligation ..................................................................................... 103 
SECTION 6 Extinction of Claim .............................................................................................. 105 
CHAPTER II CONTRACT ......................................................................................... 119 
SECTION I General Rules ....................................................................................................... 119 
SECTION 2 Gift ...................................................................................................................... 125 
SECTION 3 Sale ...................................................................................................................... 127 
SECTION 4 Contract of Exchange ........................................................................................... 135 
SECTION 5 Loan for Consumption .......................................................................................... 135 
SECTION 6 Loan for Use ......................................................................................................... 137 
SECTION 7 Lease .................................................................................................................... 139 
2 IP/NIIIKORl 1 
Page 414 
SECTION 8 Contract of Employment... .................................................................................... 148 
SECTION 9 Contract for Work ................................................................................................. 150 
SECTION 10 Advertisement for prize contest.. ......................................................................... 153 
SECTION 11 Mandate ............................................................................................................. 155 
SECTION 12 Bailment. ............................................................................................................ 158 
SECTION 13 Partnership ......................................................................................................... 159 
SECTION 14 Life Annuity ....................................................................................................... 164 
SECTION 15 Compromise ....................................................................................................... 165 
CHAPTER III MANAGEMENT OF AFFAIRS WITHOUT MANDATE. ................ 165 
CHAPTER IV UNLAWFUL ENRICHMENT ............................................................ 167 
CHAPTER V UNLAWFUL ACT ............. · ................................................................... 169 
BOOK IV RELATIVES ........................................................................................... 173 
CHAPTER I GENERAL PROVISION ....................................................................... 173 
CHAPTER 11 HEAD OF FAMILY AND FAMILY MEMBERS ................................ 175 
CHAPTER III MARRIAGE ........................................................................................ 179 
SECTION 1 "Matrimonial Engagement ...................................................................................... 179 
SECTION 2 Formation of Marriage .......................................................................................... 181 
SECTION 3 Nullity and Annulment of Marriage ...................................................................... 183 
SECTION 4 Effect of Marriage ................................................................................................ 185 
SECTION 5 Divorce ................................................................................................................ 188 
CHAPTER IV PARENTS AND CIllLDREN ............................................................. 191 
SECTION 1 Children of Natural Father .................................................................................... 191 
SECTION 2 Adoption .............................................................................................................. 195 
SECTION 3 Parental Authority ................................................................................................ 203 
CHAPTER V GUARDIANSIllP ................................................................................. 207 
SECTION 1 Guardian .............................................................................................................. 207 
SECTION 2 Functions of Guardianship .................................................................................... 210 
SECTION 3 Termination of Guardianship ................................................................................ 214 
CHAPTER VI FAMILY COUNCIL ............................................................................ 21 5 
CHAPTER VII SUPPORT .......................................................................................... 218 
CHAPTER VIII SUCCESSION TO HEADSIllP OF FAMILY ................................. 219 
SECTION 1 General rules ........................................................................................................ 219 
SECTION 2 Successor to Family Headship .............................................................................. 220 
3 IP/N/1IKOR/1 
Page 415 
SECTION 3 Effect of Succession to Family Headship .............................................................. 223 
BOOK V SUCCESSION. ..................................................... .................................. 223 
CHAPTER I SUCCESSION ........................................................................................ 223 
SECTION 1 General Rules ....................................................................................................... 223 
SECTION 2 Successor ............................................................................................................. 22-1-
4 IP/N/1/KORl1 
Page 416 
BOOK I GENERAL RULES 
CHAPTER I GENERAL PROVISIONS 
Article 1 Source of Law 
If there is no provision in law applicable to certain civil affairs, the customary law 
shall apply to them, and if there is no customary law applicable to them, sound 
reasoning shall apply to them. 
Article 2 Good Faith Principle 
(1) The exercise of rights and performance of duties shall be in good faith and in 
accordance with the principles of trust. 
(2) No abuse of right shall be permitted. 
CHAPTERII PERSONS 
SECTION 1 Capacity 
Article 3 Duration of Legal Capacity 
All persons can enjoy rights and assume duties during their lives. 
Article 4 Majority 
Majority is attained on the completion of twenty full years of age. 
Article 5 Capacity of Minor 
(1) A minor shall .obtain the consent of his legal representative to perform any 
juristic act. However, exceptions shall be made in case the juristic act 
concerned is one merely to acquire a right or to be relived from an obligation. 
(2) Any act done in violation of the provision of the preceding Paragraph is 
voidable. 
5 Article 6 Property Permitted to Dispose of IP/N/1IKORl1 
Page 417 
A minor, in regard to property of which he has been permitted by his legal 
representative to dispose of within the scope specified by the latter, may 
dispose of it at his pleasure. 
Article 7 Withdrawal of Consent and Permission 
Before a minor performs any legal act, his legal representative may withdraw 
the consent and permission under the preceding two articles. 
Article 8 Permission on Business 
(1) A minor who is permitted to carry on a specific business from which he has 
been permitted by his legal representative shall have in relation to such 
business the same capacity as a person of full age. 
(2) A legal representative may withdraw or qualify the permission under the 
preceding Paragraph. But the withdrawal or qualification cannot be set up 
against a third person action in good faith. 
Article 9 Adjudication of Limited-Capacity 
A feeble minded person or a spendthrift who is liable to bring poverty to his 
family, shall be adjudged a limited-capacity by the court on the application of the 
person himself, his spouse, any relative within the fourth degree of relationship, 
guardian or a public prosecutor. <Amended by Law No.4199, Jan.13, 1990> 
Article 10 Capacity of a Person with Limited-Capacity 
The provisions of Articles 5 to 8 above shall apply mutatis mutandis to the 
persons with limited-capacity. 
Article 11 Rescission of Adjudication of Limited-Capacity 
When the cause for limited-capacity has ceased to exist, the court shall rescind 
the adjudication on the application of any of the persons mentioned in Article 9. 
6 IPINIlIKORl1 
Page 418 
Article 12 Adjudication of Incompetent 
A person in a habitual condition of mental unsoundness may be adjudged 
incompetent by the court on the application of any of the persons mentioned in 
Article 9. 
Article 13 Capacity of a Incompetent 
Juristic acts done by incompetents are voidable. 
Article 14 Rescission of Adjudication of Incompetent 
The provision of Article 11 shall apply mutatis mutandis to incompetents. 
Article 15 Notice to Persons under Disability 
(1) The other party to an act performed by a person under disability may, after 
the latter has become a person of full capacity, give a notice to him to make a 
definite answer within a period, which shall not be less than one month, as to 
whether he ratifies the voidable act or not. If the person who was under 
disability, fails to dispatch a definite answer within such period, the act is 
deemed to have been ratified. 
(2) Before the person under disability has become a person of full capacity, 
the notice under the preceding Paragraph may be given to his representative, 
and when he fails to dispatch a definite answer within such period, the act is 
deemed to have been ratified. 
(3) Any act for which special formalities are required, shall be deemed to have 
been avoided if a definite answer in compliance with such formalities is not is 
patched within the aforesaid period. 
Article 16 Rights of Withdrawal and Refusal 
(1) The other party to a contract concluded by a person under disability may 
withdraw his declaration of intention (toward the contract) until it has been 
ratified: Provided, That exceptions shall be made in case the other party knew, 
when the contract was concluded, that the latter is a person under disability. 
7 IP/N/l/KOR/l 
Page 419 
(2) The other party to an act performed by a person under disability, may for 
himself refuse to (comply with the act) until it has been ratified. 
(3) The declaration of intention of the withdrawal or refusal under the preceding 
two paragraphs may be made to the person under disability. 
Article 17 Fraudulent Means by Person under Disability 
(1) If a person under disability has used fraudulent means to induce the belief 
that he is a person of full capacity, he cannot avoid his act. 
(2) The same shall apply to cases where a minor or a person with limited 
capacity has used fraudulent means to induce the belief that he has obtained 
the consent of his legal representative. 
SECTION 2 Permanent Residence 
Article 18 Permanent Residence 
(1) The base and center of living of each person shall be his permanent 
residence. 
(2) A person may have a permanent residence in two or more different places at 
the same time. 
Article 19 Place of Abode 
If the permanent residence is unknown, the place of abode shall be deemed to 
be the permanent residence. 
Article 20 Place of Abode 
The place of abode in Korea of a person having no permanent residence in 
Korea shall be deemed to be his permanent residence. 
Article 21 Temporary Residence 
8 IPlNlllKORll 
Page 420 
In case a temporary residence is determined concerning an act, this shall be 
deemed to be the permanent residence with regard to the act. 
SECTION 3 Absence and Disappearance 
Article 22 Management of Property of Absentee 
(1) If a person has left his permanent residence or place of abode without 
appointing an administrator for his property, court shall, on the application of 
any person interested or a public prosecutor, order such steps necessary for the 
management of such property. The same shall apply when the authority of an 
administrator has come to an end during the absence of his principal. 
(2) If the principal subsequently appoints an administrator the court shall annul 
its order on the application of the principal, administrator, any person interested 
or of a public prosecutor. 
Article 23 Replacement of Administrator 
If, in case an absentee has appointed an administrator, it is unknown whether 
the absentee is alive or dead, the court may, on the application of the 
administrator, any person interested or of a public prosecutor, appoint another 
administrator in his stead. 
Article 24 Duties of Administrator 
(1) An administrator appointed by the court shall prepare an inventory of the 
property which he is to manage. 
(2) The court may order the administrator appointed by the court to take such 
steps necessary for preservation of an absentee's property. 
(3) If it is not known whether an absentee is alive or dead, and an application 
has been made by a person interested or by a public prosecutor, the court may 
order the administrator appointed by the absentee to take the steps under the 
preceding two Paragraphs. 
(4) In case of the preceding three Paragraphs, expenses thereof shall be 
defrayed out of the property of the absentee. 
9 Article 25 Authority of Administrator IP/N/l/KORl1 
Page 421 
If the administrator appointed by the court finds it necessary to perform 
functions in excess of the powers specified in Article 118, he shall obtain the 
consent of the court. The same shall apply to cases where an administrator 
appointed by the absentee finds it necessary to perform functions in excess of 
the powers fixed by the absentee, when it is unknown whether the absentee is 
alive or dead. 
Article 26 Security by Administrator and Remuneration for Administrator 
(1 )The court may require an administrator appointed by the court to furnish 
reasonable security for the management and return of the property. 
(2)The court may award the administrator appointed by the court reasonable 
remuneration out of the property of the absentee. 
(3)The provisions of the preceding two Paragraphs shall apply mutatis 
mutandis to an administrator appointed by an absentee in case it is unknown 
whether the absentee is alive or dead. 
Article 27 Declaration of Missing Person 
(1) If it is unknown for five years whether an absentee is alive or dead, the court 
shall, on the application of any person interested or of a public prosecutor, make 
a judicial declaration of missing person. 
(2) The provisions of the preceding Paragraph shall also be applicable where 
the survival or death of a person who was on a battlefield, aboard a sunken 
vessel or a downed aircraft, or encountered any other peril that may be a 
cause of death, is not known distinctly for one year after the termination of the 
war, the sinking of the vessel, the crash of the aircraft, or the end of other peril. 
<Amended by Law No. 3723, Apr. 10, 1984> 
Article 28 Effect of Declaration of Missing Person 
A person against whom a judicial declaration of missing person has been made, 
10 IP/NIl/KORll 
Page 422 
is deemed to have died at the expiration of period mentioned in the preceding 
Article. 
Article 29 Annulment of Declaration of Missing Person 
(1) If it has been proved that a person against whom a judicial declaration of 
missing person has been made, is alive or dead at a time different from that 
specified in the preceding Article, the court shall, on the application of the 
person himself, any person interested, or a public prosecutor, annul the judicial 
declaration of disappearance; such annulment, however, shall not affect the 
validity of acts done in good faith after the judicial declaration of missing 
person and prior to its annulment. 
(2) When a declaration of missing person has been annulled, a person who has 
acquired property by the direct reason of the judicial declaration of missing 
person shall be liable to return such property only to the extent that he is still 
enriched, in case he acquired the property in good faith. In case he acquired the 
property in bad faith, he shall return such property with interest, and if there has 
been any damage, he shall pay for the damage. 
Article 30 Simultaneous Death 
In case two or more person died of the same peril, it is presumed that they died 
at the same time. 
CHAPTER III JURISTIC PERSONS 
SECTION 1 General Rules 
Article 31 Rule to Formation of Juristic Person 
No juristic person can come into existence other than in accordance with the 
provisions of the laws. 
Article 32 Formation of Non-profit-making Juristic Person and Permission 
Thereof 
An association or foundation relating to science, religion, charity, art, social 
11 IP/N/l/KORJl 
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intercourse or otherwise relating to enterprises not engaged for profit or gain, 
may be made a juristic person subject to the permission of the competent 
authorities. 
Article 33 Registration for Formation of Juristic Person 
A juristic person shall come into existence by making registration for formation 
at the seat of the principal office of the juristic person. 
Article 34 Capacity of Enjoyment of Rights of Juristic Persons 
A juristic person shall have rights and duties, subject to the provisions of laws 
and within the scope of its objects as determined by the articles of incorporation. 
Article 35 Capacity of Juristic Person to Assume Responsibility for Illegal Act 
(1) Juristic person shall be liable to repair any damage done to other persons by 
its directors or other representatives in the performance of their duties. There 
shall be no exemption from liability of the directors or other representative 
concerned for damages sustained thereby. 
(2) If any damage has been caused to other persons as a result of an ultra-vires 
act of a juristic person, those members, directors and other representatives who 
have supported a resolution for such ultra-vires act or have carried it out, shall 
be jointly liable for the reparation of damages caused thereby. 
Article 36 Permanent Residence of Juristic Person 
The permanent residence of a juristic person shall be regarded to be located in 
the seat of its principal office. 
Article, 37 Inspection and Supervision of Juristic Person 
The business of a juristic person shall be inspected and supervised by the 
competent authorities. 
Article 38 Cancellation f Permission for Formation of Juristic Person 
12 IP/N/IIKORlI 
Page 424 
In case a juristic person operates such business outside the scope of its 
creative purpose, violates conditions attached to the permission for its formation, 
or does acts harming public interests, the competent authorities may cancel the 
permission. 
Article 39 Profit-making Juristic Person 
(1) An association which aims at profit-making may be made a juristic person in 
accordance with the conditions prescribed for the formation of trading 
companies. 
(2) All the provisions concerning trading companies shall apply to the 
incorporated association under the preceding paragraph. 
SECTION 2 Incorporation 
Article 40 Articles of Incorporated Association 
The founder of an incorporated association shall draw up articles of 
incorporation containing the following matters, and shall sign and seal it: 
1. Object; 
2. Name; 
3. Seat of Office; 
4. Provisions concerning assets; 
5. Provisions concerning appointment and removal of directors; 
6. Provisions concerning the acquisition and loss of qualification for 
membership; 
7. Period for duration or cause of dissolution, if any. 
Article 41 Restriction on Power of Representation of Directors 
No restriction placed on the power of representation of any director has effect 
unless the restriction is stated in the articles of incorporated association. 
Article 42 Alteration in Articles of Incorporated Association 
(1) The articles of an incorporated association may be altered only with the 
consent of two thirds or more of all the members. Provided, however, that other 
13 IP/N/l/KORll 
provisions concerning the quorum (for alteration) are stipulated in the articles of 
incorporation, such provisions shall apply. 
(2) Any alteration in the articles of incorporation shall not be effective unless it is 
approved by the competent authorities. 
Article 43 Articles of Incorporated Foundation 
The founder of an incorporated foundation shall endow a certain property, and 
draw up articles of incorporation containing the particulars mentioned in Article 
40, Subparagraphs 1 to 5, and sign and seal it. 
Article 44 Supplement for Articles of Incorporated Foundation 
If the founder of an incorporated foundation died without determining the name, 
office seat or mode of appointment and removal of its directors of the foundation, 
the court shall, on the application of any person interested or of a public 
prosecutor, determine the same. 
Article 45 Alteration in Articles of Incorporated Foundation 
(1 )The articles of an incorporated foundation may be altered only in case the 
mode of alteration thereof is stipulated in the articles of incorporation. 
(2)lf it is necessary to alter the articles of incorporation for the purpose of 
achieving the objective of an incorporated foundation or for the preservation of 
its property, its name or its office seat may be altered, regardless of the 
provision of the preceding paragraph. 
(3)The provision of Paragraph (2) Article 42 shall apply mutatis mutandis to the 
case under the preceding two paragraphs. 
Article 46 Alteration in Objectives of Incorporated Foundation 
If it is impossible to achieve the objectives of an incorporated foundation, the 
founder or directors may alter the objectives or the articles of incorporation, 
taking into consideration the purposes of the formation, subject to the 
14 IP/N/l/KORll 
Page 426 
permission of the competent authorities. 
Article 47 Application of Provisions Relating to Gift and Testamentary Gift 
(1) If an incorporated foundation is formed by a disposition inter vivos, the 
provisions relating to gifts shall apply mutatis mutandis. 
(2) If an incorporated foundation is formed by a will, the provisions relating to 
testamentary gift shall apply mutatis mutandis. 
Article 48 Time of Belonging of Property 
(1 )In case an incorporated foundation is formed through a disposition inter vivos, 
the property given by way of endowment shall become the property of the 
juristic person as from the time when the juristic person is formed. 
(2)ln case an incorporated foundation is formed through a will, the property so 
given shall be deemed to have vested in the juristic person as from the time 
when the will became effective. 
Article 49 Particulars to be Registered 
(1) When the formation of a juristic person is approved, the juristic person shall 
register its incorporation at the seat of its principal office within three weeks 
from the date of the approval. 
(2) The particulars to be registered under the preceding paragraph shall be as 
follows: 
1. Object; 
2. Name; 
3. Office; 
4. Date of permission for incorporation; 
5. Period of duration or causes of dissolution, if any; 
6. Total value of the assets; 
7. Method of effecting contributions, if any; 
8. Full names and permanent residences of directors; 
9. Any restriction in case restriction is placed upon the right of 
representation of directors. 
15 Article 50 Registration for Establishment of Branch Office IP/N/l/KORll 
Page 427 
(1 )When a juristic person establishes a branch office, the establishment shall be 
registered within three weeks at the seat of the principal office, and at the seat 
of the branch office the particulars under the preceding Article, Paragraph 
(2) shall be registered within the same period, and at the seat of other branch 
offices, the establishment shall be registered within the same period. 
(3) In case a branch office is newly established within the jurisdiction of a 
register office which exercises jurisdiction over the seats of the principal office 
and the established branch office, only the establishment shall be registered 
within the period under the preceding paragraph. 
Article 51 Registration for Removal of Office 
(1) In case a juristic person has removed its office, such removal shall be 
registered at the seat of the former office within three weeks, and the particulars 
mentioned in Paragraph 
(2)Article 49 shall be registered at the seat of the new office within the same 
period. 
(3) In case an office has been removed from one place to another within the 
jurisdiction of the same register office, only the removal shall be registered. 
Article 52 Registration for Alteration 
In case any alteration has occurred in any of the particulars mentioned in 
Paragraph (2) Article 49, registration thereof shall be made within three weeks. 
Article 53 Period for Registration 
If any of the particulars to be registered in accordance with the provisions of the 
preceding three articles requires the permission of the authorities, the period for 
registration shall be computed from the time of the arrival of the permit in 
question. 
16 IP/N/1/KORll 
Page 428 
Article 54 Effect of Registration 
(1) Particulars to be registered in this section other than that for formation 
purposes cannot be set up against a third party unless such particulars are 
registered. 
(2) The court shall immediately announce the particulars registered. 
Article 55 Inventory and List of Members 
(1) A juristic person shall, at the time of its formation and within the three 
months of every year, prepare an inventory of assets and keep the same in its 
office. In case a special business term is fixed, the inventory shall be made at 
the time of its formation and at the end of such business term. 
(2) An incorporated association shall keep a list of members and revise the list 
whenever an alteration takes place in its membership. 
Article 56 Prohibition of Transfer and Inheritance of Membership 
The membership of an incorporated association shall not be transferred nor 
inherited. 
SECTION 3 Organization 
Article 57 Directors 
A juristic person shall have one or more directors. 
Article 58 Execution of Affairs by Directors 
(1) Directors shall execute the affairs of a juristic person. 
(2) In case there are two or more directors, the affairs of a juristic person shall 
be decided by a majority of the directors unless it is otherwise provided for by 
the articles of incorporation. 
17 Article 59 Right of Representation of Directors IP/N/l/KORll 
Page 429 
(1) The directors shall each represent the juristic person in all its affairs. 
However, they shall not contravene the provisions of the articles of incorporation. 
An incorporated association shall also comply with the resolutions of general 
meetings of the members on the matters of representation. 
(2) In regard to the representation of a juristic person, the provisions relating to 
agency shall apply mutatis mutandis. 
Article 60 Restriction on Power of Representation of Director 
No restriction placed on the power of representation of any director can be set 
up against a third party acting in good faith unless such restriction is registered. 
Article 61 Duties of Directors 
Directors shall execute their duties with the care which is required of a good 
administrator. 
Article 62 Appointment of Agent for Director 
Directors may have other persons act as agents for specified acts only where it 
is not forbidden by the articles of incorporation or by a resolution of the general 
meeting. 
Article 63 Appointment of Provisional Director 
If a vacancy has occurred in the post of directors or there is no director, and 
there is reason to believe that damage will ensue therefrom, the court shall 
appoint a provisional director on the application of any person interested or of a 
public prosecutor. , 
Article 64 Appointment of Special Representative 
Directors shall have no power of representation in respect of matters in which 
the interest of the juristic person and their own interest conflict with each other. 
In such cases a special representative shall be appointed in accordance with 
18 IP/N/1/KORll 
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the provisions of the preceding article. 
Article 65 Neglect of Duties 
In case any director neglects his duties, he shall be jointly liable to pay for the 
damages. 
Article 66 Inspector 
A juristic person may by its articles of incorporation or by a resolution of the 
general meeting, have inspectors. 
Article 67 Duties of Inspector 
The duties of inspectors shall be as follows: 
1. To inspect the status of finance of the juristic person; 
2. To inspect the manner in which its affairs are administered by the 
directors; 
3. To report to a general meeting or to the competent authorities, if any 
irregularities are discovered in the status of the finance or the 
administration of affairs; 
4. To convene a general meeting, if it is necessary to do so for making the 
report mentioned in the preceding Subparagraph. 
Article 68 Power of General Meeting 
All the affairs of an incorporated association except those delegated to the 
directors or other officers by the articles of incorporation shall be decided by a 
resolution of the general meeting. 
Article 69 Regular General Meeting 
The directors of an incorporated association shall convene a regular general 
meeting at least once a year. 
Article 70 Special General Meeting 
(1) The directors of an incorporated association may convene a special general 
19 meeting whenever they deem it necessary to do so. IP/N/1IKORl1 
Page 431 
(2) The directors shall convene a special general meeting, when a demand 
stating the purpose of the meeting has been made by one fifth or more of the 
members; but this quorum may be increased or decreased by the articles of 
incorporation. 
(3) In case the directors have not taken necessary procedures for convocation 
of a general meeting within two weeks after the demand under the preceding 
paragraph was made, the members who made the demand may convene the 
meeting with the permission of the court. 
Article 71 Convocation of General Meeting 
The convocation of a general meeting shall be done by indicating at least a 
week in advance the object of the meeting and in the manner as stipulated in 
the article of incorporation. 
Article 72 Resolutions by General Meeting 
Except as otherwise provided for by the articles of incorporation, resolutions 
may be adopted at a general meeting only with regard to matters of which 
previous notice has been given in accordance with the preceding Article. 
Article 73 Vote of Member 
(1) The vote of each member shall be of equal value. 
(2) Members who do not attend a general meeting may vote in writing or by 
proxy. 
(3) The provisiollS of the preceding two paragraphs shall not apply, if it is 
otherwise provided for by the articles of incorporation. 
Article 74 Members who have no Vote 
In case a resolution is to be voted on concerning the relations between the 
incorporated association and one of its members, such member shall have no 
20 IP/N/lIKORll 
Page 432 
vote. 
Article 75 Method of Resolutions at General Meeting 
(1) Unless otherwise provided in this law or in the articles the attendance of a 
majority of all the members and the votes of a majority of the members present 
shall be necessary for the resolutions of a general meeting. 
(2) In the case of Paragraph (2) Article 73, the members concerned shall be 
deemed to have attend the meeting. 
Article 76 Journal of General Meeting 
(1) In regard with the proceedings of a general meeting, a journal shall be 
maintained. 
(2) The journal shall state the course, outline and result of the proceedings, and 
the chairman and directors present shall sign and seal it. 
(3) The directors shall keep the journal at its principal office. 
SECTION 4 Dissolution 
Article 77 Causes for Dissolution 
(1) A juristic person shall be dissolved upon the expiration of the period of its 
duration, the completion of the undertaking which forms the object of the juristic 
person, or the impossibility of such completion, the happening of any cause of 
dissolutionspecified in the articles of incorporation, bankruptcy or the annulment 
of the permission for creation. 
(2) An incorporated association shall be dissolved in case no member remains, 
or by a resolution of a general meeting. 
Article 78 Resolution for Dissolution of Incorporated Association 
Unless otherwise provided in the articles of incorporation, an incorporated 
association shall not adopt a resolution for dissolution except with the 
21 concurrence of at least three fourths of all the members. 
Article 79 Application for Bankruptcy IP/N/l/KORJl 
Page 433 
If a juristic person has become incapable of discharging its obligations in full, 
the directors shall immediately apply for an adjudication of bankruptcy. 
Article 80 Reversion of Assets 
(1) The assets of a juristic person which has been dissolved shall revert to the 
persons designated in the articles of incorporation. 
(2) If no person to whom the assets are to be reverted is designated in the 
articles of incorporation, or if the method by which such person is to be 
determined is not specified therein, the directors or the liquidators may, with the 
permission of the competent authorities, dispose of the assets for the purposes 
similar to those of the juristic person. In the case of an incorporated association, 
however, a resolution of a general meeting is required. 
(4) Any property which is not disposed of in accordance with the provisions of 
the preceding two paragraphs shall revert to the National Treasury. 
Article 81 Juristic Person in Liquidation 
A juristic person which has been dissolved shall have the rights and duties only 
within the scope of liquidation. 
Article 82 Liquidator 
When a juristic person has been dissolved, the directors shall become the 
liquidators except in the case of bankruptcy; but this shall not apply, if the 
articles of incorporation contains any contrary provisions or if other persons 
have been appointed at a general meeting. 
Article 83 Appointment of Liquidator by Court 
If there exists no persons to become liquidators in accordance with the 
provision of the preceding Article, or if there is a reason to believe that damage 
22 IPIN/1/KORll 
Page 434 
will ensue because of a vacancy among the liquidators the court may appoint 
liquidators on the application of any person interested or of a public prosecutor, 
or of its own motion. 
Article 84 Removal of Liquidators by Court 
Where any cogent reason exists, the court may remove a liquidator on the 
application of any person interested or of a public prosecutor, or of its own 
motion. 
Article 85 Registration for Dissolution 
(1) Except in the case of bankruptcy, liquidators shall effect the registration of 
the cause and date of dissolution, their full names, permanent residences, and 
any restriction in case restriction is placed upon the right of representation of 
the liquidators, at the seats of the principal and branch offices within three 
weeks after their inauguration. 
(2) The provision of Article 52 shall apply to the registration under the preceding 
paragraph. 
Article 86 Report on Dissolution 
(1) Except in the case of bankruptcy, liquidators shall report to the competent 
authorities on the matters under Paragraph (1) of the preceding Article, within 
three weeks after their inauguration. 
(2) Liquidators appointed during the course of liquidation shall report only their 
names and permanent residence. 
Article 87 Duties of Liquidators 
(1) The duties of liquidators shall be as follows: 
1. Winding up of pending business; 
2. Recovery of claims and discharge of obligations; 
3. Distribution of surplus assets. 
(2) Liquidators may do all acts necessary for performing the duties specified in 
23 the preceding paragraph. 
Article 88 Public Notice to Obligee IPINIlIKORl1 
Page 435 
(1) Liquidators shall, within two months from the day on which they assumed 
office, give at least three public notices to obligees calling upon them to present 
their claims within a specified period which shall not be less than two months. 
(2)A statement shall be included in the public notice under the preceding 
paragraph that the claims of obligees who do not present their claims within 
the period will be excluded from liquidation. 
(3) The public notice under Paragraph (1) shall given in the same manner as 
that of particulars to be registered to the court. 
Article 89 Notice to claims 
Liquidators shall give a separated notice to each obligee known to them to 
present his claim. Obligees known to liquidators shall not be excluded. 
Article 90 Prohibition of Discharge of Obligation 
Liquidators shall not discharge obligation to obligees within the period under 
Paragraph (1) of Article 88. The juristic person, however, shall not be exempt 
from liability for paying damages accruing from the delay. 
Article 91 Special Case in Discharge of Obligation 
(1) The juristic person which is in the course of liquidation may discharge those 
obligations which are not yet due. 
(2) In the case ,of the preceding paragraph, in regard to the claims with 
conditions, claims with indefinite period of duration, and other claims whose 
amount is not determined, they shall be discharged at the amount as appraised 
by an appraiser appointed by the court. 
Article 92 Claims Excluded from Liquidation 
24 IPINIlIKORl1 
Page 436 
Obligees excluded from liquidation may claim against such property only as has 
not yet been delivered to the persons to whom the property is to revert after the 
liabilities of the juristic person have been fully satisfied. 
Article 93 Bankruptcy in Liquidation 
(1) When it has become clear in the course of liquidation that the assets of the 
juristic person are insufficient fully to satisfy its liabilities, the liquidators shall 
immediately apply for an adjudication of bankruptcy and give public notice 
thereof. 
(2) The duties of the liquidators shall come to an and when they handed over 
the affairs to the administrator in bankruptcy. 
(3) The provision of Article 88, Paragraph (3) shall apply mutatis mutandis to the 
public notice under Paragraph (1). 
Article 94 Registration and Report on Completion of Liquidation 
When the liquidation has been completed, liquidators shall register it within 
three weeks, and make a report thereon to the competent authorities. 
Article 95 Inspection and Supervision of Dissolution and Liquidation 
The dissolution and liquidation of a juristic person shall be subject to the 
inspection and supervision of the court. 
Article 96 Provisions to be applied mutatis mutandis 
The provisions of Article 58, Paragraph (2) Articles 59 through 62, Article 64, 
Article 65 and Article 70 shall apply mutatis mutandis to liquidators. 
SECTION 5 Penal Provisions 
Article 97 Penal Provisions 
Directors, inspectors or liquidators of a juristic person shall be liable to a non­
penal fine of not more than 50,000 Hwan in any of the following cases: 
25 IP/N/lIKORJl 
Page 437 
1. If they have neglected to effect any of the registrations prescribed in 
this Chapter; 
2. If they have contravened the provision of Article 55, or have made false 
statements in the inventory of assets or in the list of the members; 
3. If they have obstructed inspection and supervision prescribed in Articles 
37 and 95; 
4. If they have made false statements to, or have concealed facts from, the 
competent authorities or a general meeting; 
5. If they have violated the provisions of Articles 76 and 90; 
6. If, in violation of the provisions of Articles 79 and 93, they have 
neglected to apply for an adjudication of bankruptcy; 
7. If they have neglected to give any of the public notices prescribed in 
Articles 88 and 93, or have given a false public notice. 
CHAPTER IV THINGS 
Article 98 Definition of Things 
Things mentioned in this law shall mean corporeal things, electricity, and other 
natural force which can be controlled. 
Article 99 Immovables and Movables 
(1) Land and things firmly affixed thereto shall be immovables. 
(2) All other things than immovables shall be movables. 
Article 100 Principal Thing and Accessory 
(1) If the owner of a thing has attached thereto another thing owned by him in 
order permanently to facilitate the use of such thing, the thing so attached shall 
be an accessory. 
(2) An accessory shall follow the disposition of the principal thing. 
Article 101 Natural Fruits and Legal Fruits 
(1) Products derived from a thing in conformity with the use for which the thing 
is intended shall be natural fruits. 
26 IPINIlIKORl1 
Page 438 
(2) Money and other things accruing as consideration for the use of a thing 
shall be legal fruits. 
Article 102 Acquisition of Fruits 
(1) Natural fruits shall belong to the person who has the right to take them at the 
time of their severance from the principal thing. 
(2) Legal fruits shall accrue in proportion to the number of days during which the 
right to acquire them continues to exist. 
CHAPTER V JURISTIC ACTS 
SECTION 1 General rules 
Articles 103 Juristic Acts Contrary to Social Order 
A juristic act which has for its object such matters as are contrary to good 
morals and other social order shall be null and void. 
Article 104 Unfair Juristic Act 
A juristic act which has conspicuously lost fairness through strained 
circumstances, rashness or inexperience of the parties shall be null and void. 
Article 105 Optional Provisions 
If the parties to a juristic act have declared an intention which differs from any 
provisions of laws or ordinances which are not concerned with good morals or 
other social order, such intention shall prevail. 
Article 106 Custom 
If there is a custom which differs from any provisions of laws or ordinances 
which are not concerned with good morals or other social order, and the 
intention of the parties to a juristic act is not clear, such custom shall prevail. 
27 SECTION 2 Declaration of Intention 
Article 107 Declaration of Untrue Intention IP/N/lIKORll 
Page 439 
(1) A declaration of intention shall be valid, even if the declarant has made it 
with the knowledge that such declaration is different from his true intention; but 
such declaration of intention shall be void if the other party was aware, or 
should have been aware, of the real intention of the declarant. 
(2) The nullity of a declaration of intention as mentioned in the preceding 
paragraph cannot be set up against bona fide third person. 
Article 108 Fictitious Declaration of Intention 
(1) A fictitious declaration of intention made in collusion with other party shall be 
null and void. 
(2) The nullity of a declaration of intention as mentioned in the preceding 
paragraph cannot be set up against a bona fide third person. 
Article 109 Declaration of Intention under Mistake 
(1) A declaration of intention may be voidable if made under a mistake in regard 
to any essential elements of the juristic act; but if there has been gross 
negligence on the part of declarant, he shall not claim it to be voidable. 
(2)The voidance of a declaration of intention as mentioned in the preceding 
paragraph cannot be set up against a bona fide third person. 
Article 110 Declaration of Intention by Fraud or Duress 
(1) A declaration of intention induced by fraud or duress may be voidable. 
(2) If a third person has been guilty of fraud or duress in respect to a 
declaration of intention made to a person, such declaration of intention may be 
voidable only in case the other party was aware, or should have been aware, of 
the fact. 
(3) The voidance of a declaration of intention under the preceding two 
28 IPINIlIKORl1 
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paragraphs cannot be set up against a bona fide third person. 
Article 111 Time to be Effective of Declaration of Intention 
(1) A declaration of intention made to a party shall be effective as from the time 
when notice thereof has reached the other party. 
(2) The validity of a declaration of intention shall not be effected, even if the 
declarant dies or loses his capacity after he has the notice. 
Article 112 Capacity of Receiving Declaration of Intention 
If the person to whom a declaration of intention has been made is a person 
under disability at the time when he receives it, the declaration of intention 
cannot be set up against him until his legal representative becomes aware of it. 
Article 113 Dispatch of Declaration by Public Notice 
In case the declarant of intention is unable to know the other party or his 
whereabouts without his negligence, such declaration may be made by means 
of a public notice under the Code of Civil Procedures. 
SECTION 3 Agency 
Article 114 Effect of Acts by Agent 
(1) A declaration of intention made by an agent within the scope of his authority 
and disclosing the fact that he is acting for a principal, shall be effective directly 
against his principal. 
(2) The provision of the preceding paragraph shall apply mutatis mutandis to a 
declaration of intention made by a third person to an agent. 
Article 115 Act without disclosing agency 
A declaration of intention made by an agent without disclosing that he is acting 
for a principal shall be deemed to have been made on his own behalf; but the 
provision of Paragraph (1) of the preceding Article shall apply mutatis mutandis, 
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if the other party was aware, or should have been aware, that it was made on 
behalf of the principal. 
Article 116 Defective Acts by Agent 
(1) In case the validity of a declaration of intention is to be affected by reason of 
absence of intention, or fraud, duress, or by reason of the knowledge or 
negligent ignorance of certain circumstance, the existence or non-existence of 
such reason shall be determined by the agent. 
(2) In case an agent has been commissioned to do a specific juristic act and 
he has done such act in conformity with the principal's instructions, the principal 
cannot set up the agent's ignorance of any circumstances of which he himself 
was aware. The same shall apply if the principal was ignorant of such 
circumstance through his own negligence. 
Article 117 Capacity of Agent 
An agent need not be a person of full capacity. 
Article 118 Authority of Agent 
An agent whose authority is not specified has authority to do only the following 
acts: 
1. Acts of preservation; 
2. Acts of making use of or improving the thing or the right in respect of 
which the person was given, but only in so far as the nature of such thing or 
right is not altered thereby. 
Article 119 Multiple Agency 
In case there are ,two or more agents, each agent shall represent the principal. 
But, if it is otherwise stipulated in the laws or in an act of delegation of authority, 
such laws or act should prevail. 
Article 120 Sub-agent 
An agent created by a juristic act shall not appoint a sub-agent, except in case 
30 IP/N/IIKORlI 
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he has obtained the consent of the principal or an unavoidable reason exists. 
Article 121 Responsibility for Appointment of Sub-agent 
(1) If, in the case mentioned in the preceding Article, the agent has appointed a 
sub-agent, he shall be responsible to the principal in respect of the appointment 
and supervision of the sub-agent. 
(2) In case an agent has appointed a sub-agent as designated by the principal, 
he shall incur no responsibility, unless he knew such sub-agent to be unfit or 
untrustworthy and has nevertheless neglected to notify the principal thereof to 
remove him. 
Article 122 Appointment of Sub-agent by Legal Representative 
A legal representative may, on his own responsibility, appoint a sub-agent; but 
he shall incur only the responsibility specified in Paragraph (1) of the preceding 
Article, in case an unavoidable reason exists. 
Article 123 Authority of Sub-agent 
(1) A sub-agent shall represent the principal in respect of acts within the scope 
of his authority. 
(2) A sub-agent has the same rights and duties as the agent towards the 
principal and third persons. 
Article 124 Agents of Both Parties 
Without the consent of the principal, an agent shall not perform a juristic act for 
the principal, to which he himself is the other party, or shall not become agent of 
both parties to one juristic act; but this shall not apply in respect to the 
performance of an obligation. 
Article 125 Agency by Conferring Power of Representation 
A person who has indicated to a third person that he conferred certain power on 
other person shall be responsible for acts done by such other person towards 
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the third person within the scope of such power. But, this shall not apply in case 
the third person was aware, or should have been aware, that such other person 
had no power of representation. 
Article 126 Acts in Excess of Authority 
If, an agent has performed an act in excess of his authority, and third person 
had justifiable reason to believe that the agent had authority to do such act, 
principal shall responsible for the act. 
Article 127 Cause for Lapse of Power of Representation 
The power of representation shall lapse under any of the following causes: 
1. Death of the principal; 
2. Death, adjudication of incompetence or bankruptcy of the agent. 
Article 128 Lapse of Power of Representation 
The power of representation created by a juristic act shall lapse upon the 
completion of the juristic relations, in addition to the cases mentioned in the 
preceding Article. The same shall apply in case the principal withdraws the 
power of representation before the juristic relations became completed. 
Article 129 Representation after Lapse of Power of Representation 
The lapse of power of representation cannot be set up against a third party 
acting in good faith, unless such third person was negligent in not knowing the 
fact. 
Article 130 Representation having No Power 
If a person having no power of representation concludes a contract as an agent 
of another, such contract shall not be effective against the principal, unless it is 
ratified by him. 
Article 131 Notice 
In case a person having no power of representation concludes a contract as an 
32 IPINIlIKORl1 
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agent of another, the other party may give a notice to the principal to make 
answer as to whether he ratifies the contract or not within a reasonable period 
fixed by the other party. If the principal does not make a definite answer within 
such period, he is deemed to have refused to ratify. 
Article 132 Ratification or Refusal 
The declaration of intention of a ratification or its refusal cannot be set up 
against the other party, unless it is made to him; but this shall not apply in case 
the other party was aware of the fact. 
Article 133 Effect of Ratification 
In the absence of any declaration of intention to the contrary, ratification shall be 
effective retroactively as from the time the contract was entered; but the right of 
third person shall not be prejudiced thereby. 
Article 134 Right of Withdrawal 
A contract made by a person having no power of representation may be 
withdrawn by the other party, so long as it is not ratified by the principal; but this 
shall not apply in case the other party was aware of the fact that such person 
had no authority when the contract was entered. 
Article 135 Responsibility of Person having No Power 
(1) If a person who has made a contract as an agent of another can neither 
prove his authority nor get the principal to ratify the contract, he shall be liable to 
the other party at the latter's option either for the performance or for damages. 
(2) The provision of the preceding Paragraph shall not apply, if the other party 
was aware, or should have been aware, that such person had no power of 
representation, or if the person who made the contract as agent had no capacity 
for entering into such contract. 
Article 136 Unilateral Act 
The provisions of the preceding six Articles shall apply to a unilateral act, only in 
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case, at the time the act was done, the person to whom the act was addressed 
consented to its being done without proper authority by the person holding 
himself out to be an agent or did not contest his authority. The same shall apply 
to a unilateral act which was done to a person having no power of epresentation 
with his consent. 
SECTION 4 Nullity and Voidance 
Article 137 Partial Nullity 
In case a part of a juristic act is void, the entire part of the juristic act shall be 
made void. But in case it is deemed that even if the void part had not existed, 
the juristic act would have been done, the rest part shall not become void. 
Article 138 Conversion of Void Act 
In case a void juristic act possesses requirements for another juristic act, and it 
is deemed that if the parties had known the nullity, they would have intended to 
do the other juristic act, it shall have the effect as the other juristic act. 
Article 139 Ratification of Void Act 
A void juristic act shall not become effective by ratification; but if the party has 
ratified it with the knowledge of its nullity he shall be deemed to have performed 
a new juristic act. 
Article 140 Person Voiding Juristic Act 
A voidable juristic act may be voided only by a person under disability, a person 
who has made a defective declaration of intention, or the agent or successor in 
title of such person. 
Article 141 Effect of Voidance 
A juristic act which has been voided shall be deemed to have been void, but a 
person under disability shall be liable to make reparation only to the extent that 
he is still enriched by reason of such act. 
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Article 142 Other Party in Voidance 
In case the other party to a voidable juristic act is an identified person, the 
voidance shall be effected by a declaration of intention made to him. 
Article 143 Method and Effect of Ratification 
(1) A voidable juristic act may be ratified by the persons mentioned in Article 
140, and after the ratification it shall not be voided. 
(2) The provision of the preceding Article shall apply mutatis mutandis to the 
cases of the preceding Paragraph. 
Article 144 Requirements for Ratification 
(1) A ratification shall not become effective, unless it is made after the cause for 
voidance has ceased to exist. 
(2) The provision of the preceding Paragraph shall not apply in case a 
ratification is made by a legal representative. 
Article 145 Legal Ratification 
If any of the following events takes place with regard to a voidable act after it 
has become possible to ratify in accordance with the provisions of the preceding 
Article, the act shall be deemed to have been ratified, in the absence of any 
reservation; 
1. Performance in full or part; 
2. Demand for performance; 
3. Novation; 
4. Furnishing of security; 
5. Transfer, in whole or in part, of the rights acquired by the voidable act; 
6. Execution. 
Article 146 Lapse of Right of Voidance 
The right to declare an act voidable shall be exercised within three years from 
the time when it become possible to ratify, or within ten years from the time of 
35 the juristic act. 
SECTION 5 Conditions and Time 
Article 147 Effect of Fulfilment of Conditions IPINlllKORll 
Page 447 
(1) A juristic act subject to a condition precedent shall become effective upon 
the Fulfilment of the condition. 
(2) A juristic act subject to a condition subsequent shall cease to be effective 
upon the Fulfilment of the condition. 
(3) If the parties have declared an intention that the effect of the Fulfilment of 
conditions be affected retroactively before the fulfilment, this intention shall 
prevail. 
Article 148 Prohibition of Impairing pending Benefit 
Neither party to a juristic act subject to a condition shall, during the pendency of 
the condition, do anything to impair the benefit which the other party might 
derive from such act upon the Fulfilment of the condition. 
Article 149 Disposition of Rights subject to Conditions 
The rights and duties of the parties during the pendency of a condition may be 
disposed of, inherited, preserved or secured in accordance with the general 
rules. 
Article 150 Insincere Act 
(1) If a party whose disadvantage upon the fulfilment of a condition would 
operate has intentionally obstructed the fulfilment of such condition against the 
principle of faith and sincerity, the other party may treat the condition as having 
been fulfilled. 
(2) If a party whose advantage upon the fulfilment of a condition would operate 
has intentionally fulfilled such condition against the principle of faith and 
sincerity, the other party may treat the condition as not having been fulfilled. 
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Article 151 Unlawful Condition, Fulfilled Condition 
(1 )If a condition is against good morals or other social order, the juristic act 
subject to the condition shall be null and void. 
(2)lf the condition has already been fulfilled at the time of the juristic act, such 
juristic act shall be unconditional in the case of a condition precedent, and null 
and void in the case of a condition subsequent. 
(3) If the non-fulfilment of the condition was already certain at the time of the 
juristic act, such juristic act shall be unconditional in the case of a condition 
subsequent, and null and void in the case of a condition precedent. 
Article 152 Effect of Arrival of Time 
(1) If a juristic act is subject to a time of commencement, it shall be effective 
when such time arrives. 
(2) If a juristic act is subject to a time of termination, it shall cease to be valid 
when such time arrives. 
Article 153 Benefit of Time 
(1) Time is presumed to be stipulated for the benefit of the obliger. 
(2) The benefit of time may be waived, but the interests of the other party shall 
not be prejudiced thereby. 
Article 154 Right subject to Time 
The provisions of ,Articles 148 and 149 shall apply mutatis mutandis to a juristic 
act subject to time. 
CHAPTER VI PERIOD 
Article 155 Scope of Application 
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The method of computing the period of time, shall be governed by the 
provisions of this Chapter, unless it is otherwise provided by laws or ordinances, 
by a judicial order or by a juristic act. 
Article 156 Computing Point 
If a period has been fixed by the hour, minute or second, it shall be computed 
as from the given moment. 
Article 157 Computing Point 
If a period has been fixed by the day, week, month or year, the first day of such 
period shall not included in the computation but this shall not apply if the period 
begins at midnight. 
Article 158 Computation of Age 
In the computation of age, the day on which one was born shall be included. 
Article 159 Maturity Point 
If a period has been fixed by the day, week, month or year, the period shall 
mature upon the expiration of the last day of such period. 
Article 160 Computation according to Calendar 
(1) If a period has been fixed by the week, month or year, it shall be computed 
according to the calendar. 
(2) If a period does not commence at the beginning of a week, month or year, 
such period shall mature on the day in the last week, month or year preceding 
the day corresponding to that which it commenced. 
(3) In case a period has been fixed by the month or year, if there is no 
corresponding day in the last month, the last day of the month shall be the day 
of maturity. 
Article 161 Holiday 
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If, in case the last day of a period falls on a national holiday, such period shall 
mature on the following day. 
CHAPTER VII EXTINCTIVE PRESCRIPTION 
Article 162 Extinctive Prescription of Claims or Property Right 
(1) A claim shall lapse if it is not exercised for ten years. 
(2) A property right other than a claim or ownership shall lapse if it is not 
exercised for twenty years. 
Article 163 Short Extinctive Prescription for Three Years 
Claims mentioned below shall lapse if not exercised for three years: 
1. Interest, support fees, salaries, rent, and other claims for the delivery 
of money or other things within a time limit of one year; 
2. Claims of medical practitioners, midwives, nurses and pharmacists, in 
respect of medical treatment, professional services, and dispensation of 
medicines; 
3. Claims of contractors, engineers, and persons engaging in planning or 
supervising works in respect of the execution of works; 
4. Claims against attorneys-at-Iaw, patent agents, public notaries, public 
accountants, and judicial scriveners for the return of documents kept in 
connection with their duties; 
5. Claims of attorneys-at-Iaw, patent agents, public notaries, public 
accountants, and judicial scriveners in respect of their duties; 
6. The prices of products and merchandise sold by producers and merchants; 
7. Claims of artisans and manufacturers in respect of their work. 
Article 164 Short Extinctive Prescription for one year 
Claims mentioned below shall lapse if not exercised for one year; 
1. The right to claim fees of hotels, restaurants, assemblyrooms for hire, 
and places of lodging and entertainment, refreshment, hire of rooms, 
admittance fees and the price of articles of consumption, as well as for 
disbursements; 
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2. Claims of rent for the hire of clothing, bedding, funeral necessaries and 
other movables; 
3. Claims of wages of manual workers and public performers and the price of 
articles supplied to them; 
4. Claims of school proprietors, keepers of boarding schools and teachers in 
respect of the education, clothing, food and lodging of pupils and 
apprentices. 
Article 165 Extinctive Prescription of Judgment Claims 
(1) The period of extinctive prescription for a judgment claim shall be ten years, 
even in case the period for the original claims is shorter under the law. 
(2) The same shall apply to claims established by bankruptcy proceedings, 
compromise in court, judicial conciliation or any other process having the same 
effect as a judgment 
(3) The provisions of the preceding two Paragraphs shall not apply to claims 
which were not yet due at the time when the judgment became finally binding. 
Article 166 Computing Point of Extinctive Prescription 
(1) Extinctive prescription shall run as from the time it has become possible to 
exercise the right. 
(2) The extinctive prescription of a claim having forbearance for its object shall 
run as from the time a violation has been made. 
Article 167 Retroactive Effective of Extinctive Prescription 
The effect of extinctive prescription shall be retroactive to the day on which it 
began to run. 
Article 168 Interruption of Extinctive Prescription 
Extinctive prescription shall be interrupted by any of the following cases: 
1. Demand; 
2. Attachment, provisional attachment or provisional disposition; 
40 IPINIlIKORlI 
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3. Acknowledgment. 
Article 169 Effect of Interruption 
The interruption of prescription shall be effective only as between the parties 
themselves and their successors in title. 
Article 170 Demand by Judicial Proceedings 
(1) A demand by way of judicial proceedings shall not have the effect of 
interrupting prescription, if the action is dismissed, rejected or withdrawn. 
(2) In the case of the preceding Paragraph, if a demand by way of judicial 
proceedings, intervention in bankruptcy proceedings, attachment or provisional 
attachment, or provisional disposition is made within six months,the prescription 
shall be deemed to have been interrupted by the demand by way of first judicial 
proceedings. 
Article 171 Intervention in Bankruptcy Proceedings 
Intervention in bankruptcy proceedings shall not have the effect of interrupting 
prescription, if it is withdrawn by the creditor or if his claim is dismissed. 
Article 172 Order for Payment 
An order for payment shall not have the effect of interrupting prescription, if it 
lapses for the claimant's failure to apply for provisional execution within the 
period of time prescribed by law. 
Article 173 Summons for Compromise 
A summons for compromise shall not have the effect of interrupting prescription, 
unless an action is brought within one month, in case other party does not 
appear or the compromise is not arrived at. The same shall apply, if in a case of 
a voluntary appearance a compromise has not been arrived at. 
Article 174 Demand by Notice 
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A demand by notice shall not have the effect of interrupting prescription, unless 
an action, intervention in bankruptcy proceedings, a summons for compromise 
or a voluntary appearance for the same purpose, attachment, a provisional 
attachment or a provisional disposition is taken within six months. 
Article 175 Attachment, provisional Attachment, Provisional Disposition 
An attachment, a provisional attachment, or a provisional disposition, shall not 
have the effect of interrupting prescription, if annulled on the application of the 
claimant or by reason of non-compliance with any provision of law. 
Article 176 Attachment, Provisional Attachment, Provisional Disposition 
An attachment, a provisional attachment, or a provisional disposition, if not 
effect against the person in whose favour prescription is running, shall not have 
the effect of interrupting prescription until after such person has been notified 
thereof. 
Article 177 Acknowledgment 
In order to make an acknowledgement having the effect of interrupting 
prescription, no capacity or authority for disposition in respect of the rights of the 
other party is required. 
Article 178 Running of Prescription after Interruption 
(1) In case a prescription is interrupted the period of prescription passed until 
the interruption shall not be computed, and the prescription which was 
interrupted begins to run anew from the time when the cause of such 
interruption has ceased to exist. 
(2) Prescription which was interrupted by a demand in court begins to run anew 
from the time when the judgment thereon has become finally binding in 
accordance with the provision of the preceding paragraph. 
Article 179 Person under Disability and Prescription 
if a person under disability has been without a legal representative within six 
42 IP/N/lIKORl1 
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months prior to the maturity of the period of extinctive prescription, the 
prescription, shall not become complete against him for a period of six months 
from the time when he becomes a person of full capacity or a legal 
representative assumes office. 
Article 180 Right of Persons under Disability and Prescription 
(1) In respect of the rights which a person under disability has against his father 
or mother, or his guardian who manages his property, extinctive prescription 
shall not become complete for a period of six months from the time when he 
becomes a person of full capacity or a succeeding legal representative 
assumes office. 
(2) In respect of the rights which one spouse has against the other, extinctive 
prescription shall not become complete for a period of six months from the time 
of the dissolution of the marriage. 
Article 181 Rights on Estate of Inheritance and Prescription 
In respect of the rights on or against estate of inheritance, extinctive 
prescription shall not become complete for a period of six months from the time 
of final decision of a successor, appointment of administrator or adjudication of 
bankruptcy. 
Article 182 Natural Calamity and Prescription 
In case it is impossible to interrupt extinctive prescription because of a natural 
calamity or any other accidents, prescription shall not become complete for a 
period of one month from the time when such obstacle ceases to exist. 
Article 183 Effect of Extinctive Prescription to Accessory Rights 
When the extinctive prescription of a principal right has become complete, it 
shall affect its accessory right. 
Article 184 Waiving of Benefit of Prescription 
(1) The benefit of extinctive prescription may not be waived in advance. 
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(2) Although extinctive prescription shall, by a juristic act, not be excluded, 
extended or aggravated, it may be shortened or lessened. 
BOOK 11 REAL RIGHTS 
CHAPTER I GENERAL PROVISIONS 
Article 185 Kinds of Real Rights 
No real rights can be created at will other than those provided for by law or 
customary law. 
Article 186 Effect of Changes in Real Rights over Immovables 
The acquisition or loss of, or any alteration in a real right by a juristic act over an 
immovable takes effect by its registration. 
Article 187 Acquisition of Real Rights over Immovables not Requiring 
Registration 
The acquisition of real rights over immovables through inheritance, 
expropriation, court decisions, auction and others stipulated in provisions of law 
shall not require registration. However, the immovable shall not be disposed of 
unless it has been registered. 
Article 188 Effect of Changes in Real Rights over Movables, Easy Delivery 
(1) The assignment of real rights over movables takes effect by delivery of the 
article in possession. 
(2) When an assignee holds the movables, the assignment takes effect by a 
mere declaration of intention by the parties. 
Article 189 Easy Delivery 
If real rights in movables are to be assigned, and the assigner is to continue 
holding the articles in accordance with a contract concluded by the parties, it 
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shall be regarded that the article has been delivered to the assignee. 
Article 190 Assignment of Claim for Return of Object 
If real rights in a movable which is being held by a third party, are to be 
assigned, and the assigner assigns to the assignee the claim for return of the 
movable over the third party, it shall be regarded that the movable has been 
delivered. 
Article 191 Merger of Real Rights 
(1) When the ownership and other real rights over one and the same thing have 
become rested in one person, such real right shall merge; however, this shall 
not apply if the real rights from the object of a right of a third party. 
(2) The provision of the preceding paragraph shall apply mutatis mutandis to the 
case where a real right other than ownership and other rights having such right 
for its object have become rested in one and the same person. 
(3) The provisions of the preceding two Paragraphs shall not apply to 
possessory rights. 
CHAPTER 11 POSSESSORY RIGHT 
Article 192 Acquisition and Extinction of Possessory Right 
(1) Anyone who has de facto control over an article shall have possessory right 
to the article. 
(2) Possessory right is lost if the possessor loses de facto control over the 
article, but this shall not apply if the possession is recovered in accordance with 
the provision of Article 204. 
Article 193 Transfer of Possessory Right through Succession 
Possessory right shall be transferred to the successor in case of a succession. 
Article 194 Indirect Possession 
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Anyone who causes other person to possess an article through superficies, 
chonsegwon (right of registered lease), pledge, loan for use, lease, bailment 
and other relations, shall indirectly have a possessory right over the subject 
article. 
Article 195 Possession Assistant 
If a person exercises de facto control over an article as a result of instruction 
received from another person through relationship of household affairs, 
business and other similar relations, only the latter person shall be the 
possessor. 
Article 196 Assignment of Possessory Right 
(1) The assignment of possessory right may be accomplished by the delivery of 
the article in possession. 
(2) The provisions of Article 188, Paragraph (2), Article 189 and Article 190 shall 
apply mutatis mutandis to the assignment of possessory under the preceding 
Paragraph. 
Article 197 State of Possession 
(1) A possessor is presumed to be in possession openly, peaceably, in good 
faith, and with the intention of holding as owner. 
(2) Even if a possessor, in good faith, fails in an action on title, he is deemed to 
have been a possessor in bad faith as from the time of the commencement of 
the action. 
Article 198 Presumption of Continuation of Possession 
If there is proof of possession at two different times, possession is presumed to 
have been continuous throughout the intermediate time. 
Article 199 Assertion of Succession and Effect 
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(1) The successor in title of a possessor may at his option assert either his 
own possession or together with that of his predecessor. 
(2) In case the possession of a predecessor is asserted together with that of the 
successor in title, the latter shall also succeed to any defects in the title which 
the former had. 
Article 200 Presumption of Lawful Exercise of Right 
A possessor shall be presumed to hold lawfully the right which he exercises 
over the article in possession. 
Article 201 Possessor and Fruits 
(1) A possessor in good faith acquires the fruits of the article in possession. 
(2) A possessor in bad faith is liable to return the fruits, and to make 
compensation for the value of fruits which have already been consumed by him, 
or have been damaged through his fault or have not been collected through his 
neglect. 
(3) The provision of the preceding Paragraph shall apply mutatis mutandis to 
possessors by force or in secret. 
Article 202 Possessor's Liability to Person Entitled to Restoration 
If a thing possessed has been lost or damaged by any cause for which the 
possessor is responsible, a possessor in bad faith shall be liable to make good 
on the entire damage, and a possessor in good faith shall be liable to the extent 
of the enrichment he still enjoys by reason of such loss or damage. A possessor 
who has no intention of holding as owner must repair the entire damage even 
though he may be acting in good faith. 
Article 203 Claim for Reimbursement 
(1) When a possessor restore the article possessed, he is entitled to be 
reimbursed from the person demanding restoration for the cost of its 
preservation and other necessary expenses. However, in case the possessor 
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has acquired the fruits, ordinary necessary expenses shall be borne by himself. 
(2) In regard to the cost of improvement and other useful expenses paid on the 
article in possession, the possessor is to the extent that the increase in value 
remains, entitled to reimbursement either of the amount expended or of the 
amount by which the value of the article has been increased at the option of the 
person claiming its recovery. 
(3) In the case of the preceding Paragraph, the court may, upon the application 
of the person claiming recovery, allow a reasonable time for reimbursement. 
Article 204 Recovery of Possession 
(1) If a possessor has been deprived of possession of his property, he may 
demand the return of which he was deprived as well as compensation in 
damages. 
(2) No demand under the preceding Paragraph may be brought against a 
limited successor in title of a dispossessor, unless such successor in title was 
aware of dispossession. 
(3) The right of demand under Paragraph (1) Shall be exercised within one year 
from the time of dispossession. 
Article 205 Maintenance of Possession 
(1) If a possessor is disturbed in his possession, he may demand cessation of 
the disturbance as well as compensation in damages. 
(2) The right of demand under the preceding Paragraph shall be exercised 
within one year from the time the disturbance ceases to exist. 
(3) If the article possessed has been damaged under structural works the 
removal of the disturbance shall not be demanded when one year has 
elapsed since the beginning of such works, or the work have been 
completed. 
Article 206 Preservation of Possession 
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(1) If the possessor feels that his possession may be disturbed, he may either 
demand the prevention of such disturbance or demand security for damages. 
(2) If the possessor feels that his possession may be disturbed by any structural 
works, the provision of Paragraph (3) of the preceding Article shall apply mutatis 
mutandis. 
Article 207 Protection of Indirect Possession 
(1) The right of demand under the preceding three Articles may be exercised by 
indirect possessors under the provision of Article 194. 
(2) If a possessor is deprived of his possession, the indirect possessor may 
demand the return of the article in question to the possessor, and in case the 
possessor cannot receive the return of the article in question or he does not 
want it, the indirect possessor may demand that the article be returned to 
himself. 
Article 208 Relations between Possessory Actions and Actions on Title 
(1) Possessory actions and actions on title shall not exclude each other. 
(2) Possessory actions may not be decided upon grounds relation to the 
property title. 
Article 209 Self-defense 
(1) A possessor may defend, with his own force, his possession against those 
acts unjustly depriving him of his rightful possession or disturbing it. 
(2) If the possessor of an immovable has been deprived of possession the 
possessor may recapture it by evicting the assailant immediately after the 
deprivation; and if it is movable, the possessor may pursue the assailant and 
repossess the article in question. 
Article 210 Quasi-Possession 
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The provisions of this Chapter shall apply mutatis mutandis to cases where a 
person exercises a property right de facto. 
CHAPTER III OWNERSHIP 
SECTION 1 Limitation of Ownership 
Article 211 Contents of Ownership 
An owner has the right, within the scope of law, to use, take the profits of, and 
dispose of the article owned. 
Article 212 Scope of Ownership of Land 
Within the scope where justifiable profit exists, the ownership of land extends 
both above and below its surface. 
Article 213 Claim for Return of Article Owned 
An owner may demand the return of an article from the person in possession of 
that article. However, in case the possessor has the right of possession thereof, 
he may refuse to return the said article. 
Article 214 Claim for Removal and Prevention of Disturbance 
An owner may demand cessation of disturbance from the person who disturbs 
ownership, and may demand either prevention of the disturbance or security for 
damages from the person who might disturb ownership. 
Article 215 Co-ownership of Building 
(1) If a building is divided between two or more persons and each owns a part 
there of, those portions of the building and their appurtenances that are used in 
common are presumed to be under their co-ownership. 
(2) The expenses for repairs and other charges relating to the portions used in 
common shall be divided in proportion to the value of the part owned by each. 
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Article 216 Claim of Use of Adjoining Land 
(1) The owner of a land may as is necessary for the construction or repairs of 
walls or buildings in or near the boundary, demand the use of the adjoining land; 
but he may not enter the dwelling house of the neighbor without his consent. 
(2) In the case mentioned in the preceding Paragraph, if the neighbor sustains 
damages he may claim compensation for it. 
Article 217 Prohibition of Disturbance against Adjoining Land by Soot, etc. 
(1) The owner of a land has the duty of taking appropriate measures so that 
soot, heat, gas, liquid, sound, vibration, and the like may not harm or disturb the 
neighbor's use of the adjoining land. 
(2) If the situation under the preceding Paragraph his suitable for the ordinary 
use of the adjoining land, the neighbor has the duty of enduring such a situation. 
Article 218 Right of Installing Water Service Pipes 
(1) If the cost of installing necessary water pipes, gas pipes, drain collector 
pipes, gas pipes, electric wires, etc. would be excessive, unless they passed 
over a neighbor's land, the owner may pass over the neighbor's land and install 
them. However, the place and method of passage must be so chosen as to 
cause the least possible damage to the neighbor's land, and the neighbor shall 
upon request, be compensated for the damage sustained thereby. 
(2) Where circumstances have developed which require further alteration in the 
installation under the preceding Paragraph, the neighbor may request to make 
changes in the installation. The expenses of such changes in the installation 
shall be borne by the owner of the land. 
Article 219 Right of Passing over Surrounding Land 
(1) If a piece of land has no access to a public road without passing over the 
surrounding tand, and the owner of the land cannot reach the public road, or the 
cost would be excessive to reach the pubic road, he may pass over the 
surrounding land to public road, and if necessary he may construct a path. But, 
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the method and place must be so chosen as to cause the least possible 
damage to the neighbor's land. 
(2) The person having the right of passage under the preceding Paragraph shall 
compensate the owner of the land for any damage done to the land passed 
over. 
Article 220 Partition and Right of Passage 
(1) If through the process of partition, a piece of land has lost access to a public 
road, the owner of such land may, in order to reach a public road, pass over the 
other land partitioned. In such case no compensation is obliged. 
(2) The provisions of the preceding Paragraph shall apply mutatis mutandis to 
case where the owner of a land assign part of his land. 
Article 221 Natural Flow of Water 
(1) The owner of a land may not interfere with the natural flow of water coming 
from the adjoining land. 
(2) The owner of higher land may not interfere with the natural flow of water 
necessary for and flowing down the adjoining lower land by diverting more 
water than is necessary for his reasonable use. 
Article 222 Right of Drainage Works 
When the course of water has been obstructed on a lower land, the owner of 
the higher land may at his own expense construct works necessary for its 
drainage. 
Article 223 Right to Repair-work, etc. 
When the owner of a land constructs works for the purpose of collecting, 
discharging or drawing water, and if, by the disruption or obstruction of the 
works, damage has been done, or there is a possibility of damage to the other's 
land, the other person may require the owner of the land to effect repair, to drain 
off the water, or to construct preventive works. 
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Article 224 Custom on Expense 
If in the cases mentioned in the preceding two Articles, any custom exists as to 
who shall bear the expense, such custom shall prevail. 
Article 225 Rain Water 
The owner of a land shall construct proper structures so that rain water may not 
fall directly on adjoining land. 
Article 226 Right of Discharging Surplus Water 
(1) For the purpose of draining land which is under water, or of discharging 
surplus water for household, agricultural or industrial uses, the owner of a 
higher land may divert the water to the lower land until it reaches a public road, 
public water way or drain. 
(2) In the case of the preceding Paragraph, the place and the method must be 
so chosen as to cause the least possible damage to the lower land, and 
compensation for any damage shall be paid. 
Article 227 Right to Use Establishments in Adjoining land 
(1) The owner of a land may, for the purpose of discharging water from his land, 
use any establishments constructed by the owner of the adjoining land. 
(2) The person using the works under the preceding Paragraph must bear the 
expenses of the construction and maintenance of such works in proportion to 
the benefit he derives therefrom. 
Article 228 Claim for Surplus Water 
If an owner of land finds it difficult to obtain the necessary water for his 
household or for utilization of his land without incurring excessive costs in 
material or labor, he may request the owner of the adjoining land to furnish 
surplus water, after paying compensation. 
Article 229 Alteration in Water-course 
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(1) The owner of ditch or other water course may not alter its course or width, if 
the land on the opposite bank belongs to another person. 
(2) If the land on both banks belongs to the owner of a water course, such 
owner may alter its course and width, provided that the water shall be restored 
to its natural course at the lower exit. 
(3) If there exists any custom different from that provided for in the preceding 
two Paragraphs, such custom shall prevail. 
Article 230 Right of Constructing Dam 
(1) If there is any need for the construction of a dam, the owner of a water 
course may attach it to the opposite bank; but he must pay compensation for 
any damage caused thereby. 
(2) If a part of a water course belongs to the owner of the opposite bank, he 
may use the dam; but he must bear the expenses of the construction and 
maintenance of the dam in proportion to the benefit he derives therefrom. 
Article 231 Right of Using River 
(1) Those engaged in agriculture and industry at the banks of public rivers may 
draw necessary water from the river for the use of their business as long as 
they do not disturb the use of water by other persons rightfully entitled to such 
use. 
(2) Works necessary for drawing water under the preceding Paragraph may be 
constructed. 
Article 232 Protection of Right of Using Water 
In case the right of using water at lower part has been disturbed by drawing 
water works under the preceding Paragraph, the person having the right of 
using water may demand removal of the disturbance as well as compensation 
for damages sustained. 
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Article 233 Succession of Right of Using Water 
The limited successor of the owner of a water course, or other works utilized for 
the operation of agriculture and engineering, or the limited successor of the 
person profited by the water course or the works shall succeed to the duties and 
rights of the former owner or the person profited. 
Article 234 Other Customs on Right of Using Water 
If there exists any custom different from those provided for in the preceding 
three Articles, such custom shall prevail. 
Article 235 Right of Using Water for Common Use 
Immediate neighbors have the right of using the wellspring or water supply for 
common use in proportion to their demands, as long as they do not disturb the 
other's using of water. 
Article 236 Compensation for Damage because of Obstruction of Using Water 
(1) If a wellspring or water supply has been suspended, decreased in water 
amount, or obstructed, because of construction or other works by other persons, 
the person having the right of using the water may demand compensation for 
the damage sustained as a result thereof. 
(2) If the works, as described in the preceding Paragraph, cause any 
obstruction in the use of water for drinking or pursuing a livelihood, the sufferer 
may demand restoration to its former state. 
Article 237 Right of Constructing Mark or Fence 
(1) The owner of ,a land may construct a mark or a wall at the joint expense of 
himself and the owner of the adjoining boundary of his land. 
(2) The expense under the preceding Paragraph shall be borne by the both 
persons in equal proportions. But the expense of a survey shall be apportioned 
according to the area of the land. 
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(3) If there exists any custom different from those provided for in the preceding 
two Paragraphs, such custom shall prevail. 
Article 238 Right of Constructing Fence 
Either of the adjoining neighbors may at his own expense construct a better 
fence using better materials, make it higher than ordinary fence, or may 
construct a fire proof fence or special facilities. 
Article 239 Joint Ownership of Boundary Marks, etc. 
Boundary marks, fences, ditches, etc. set on the boundary line are presumed to 
be owned jointly by adjoining neighbors. But this shall not apply if the boundary 
marks, fences, ditches, etc. are constructed with expense of only one of the 
adjoining neighbors, or the fence forms part of a building. 
Article 240 Right of Removing Branches 
(1) If the branches of trees on adjoining land extend over the boundary line, the 
owner of such trees may be required to remove the branches. 
(2) If the owner does not comply with the request under the preceding 
Paragraph, the demandant may remove them. 
(3) If the roots of trees on adjoining land extend across the boundary line, they 
may be cut away. 
Article 241 Prohibition of Digging too Deep 
The land owner shall not dig so deep on his own land so that the ground of the 
adjoining land might be imperiled. But, this shall not apply if enough protective 
works have been made. 
Article 242 Construction near Boundary Line 
(1) If there is no special custom on constructing buildings, a distance of not less 
than 0.5 meters must be left between the building and the boundary line. 
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(2) The owner of the adjoining land may request the person who has violated 
the provision of the preceding Paragraph to remove or modify the building. But if 
one year has elapsed since the commencement of the construction work, or if 
the construction has been completed, only damages can be claimed. 
Article 243 Obligation of Establishing Screen 
If a person constructs, at a distance of less than two meters from the boundary 
line, a window or verandah which overlooks the inside of other person's house, 
he shall put proper screen thereto. 
Article 244 Limit to Underground Facilities 
(1) In digging a well, cistern or sink, there must be left a distance of not less 
than two meters from the boundary line and in digging a pond, ditch, or cellar, a 
distance of not less than one half of their depth must be left from the boundary 
line. 
(2) If the work mentioned in the preceding Paragraph is carried on, necessary 
measures must be taken to prevent the collapse of earth and san, infiltration of 
water, or polluted liquids. 
SECTION 2 Acquisition of Ownership 
Article 245 Period for Acquiring Ownership of Immovables by Possession 
(1 ) A person who has for twenty years peaceably and openly held possession of 
an immovable with an intention to own it, shall acquire the ownership by making 
registration thereof. 
(2) A person, who made registration as the owner of an immovable and has for 
ten years peaceably and openly held possession of an immovable with intention 
to own it, shall acquire the ownership of such immovable if his possession is 
bona fide and without negligence. 
Article 246 Period for Acquiring Ownership of Movables by Possession 
(1) A person who has for ten years peaceably and openly held possession of a 
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movable with intention to own it, shall acquire the ownership of such movable. 
(2) In case the possession under the preceding Paragraph was commenced in 
bona fide manner and without negligence, the ownership shall be acquired after 
five years have elapsed. 
Article 247 Retroactive Effect of Acquisition of Ownership 
(1) The effect of acquisition of ownership under the preceding two Articles is 
retroactive to the commencement of the possession. 
(2) The provisions on the interruption of extinctive prescription shall apply 
mutatis mutandis to the periods for acquiring the ownership under the 
preceding two Articles. 
Article 248 Acquisitive Prescription of Property Rights other than Ownership 
The provisions of the preceding three Articles shall apply mutatis mutandis to 
the acquisition of property rights other than ownership. 
Article 249 Bona Fide Acquisition 
If a person who peaceably and openly was assigned a movable and had 
possession of it acting in good faith and without negligence, he shall acquire its 
ownership immediately even if the assign er is not a legal owner. 
Article 250 Special Examples on Stolen or Lost Article 
As mentioned in the preceding Article, if the movable is a stolen or lost article, 
the injured party or loser may demand the return of the article within two years 
from the time when the article was stolen or lost. But such shall not apply in 
case the stolen or lost article is money. 
Article 251 Special Examples on Stolen or Lost Article 
If the assignee has bought the stolen or lost article in good faith at a sale by 
auction, in a public market, or from a trader selling articles of the same kind, the 
injured party or loser may demand the recovery of the article after he 
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reimburses the assignee for the price paid for it. 
Article 252 Vesting of Article which are without Owners 
(1) A person who possesses, with the intention of owning a movable which is 
without an owner, obtains its ownership. 
(2) Immovables without owners shall be vested in the National Treasury. 
(3) Wild animals shall be considered as without an owner, and the wild animals 
which was kept at home shall also be considered as the same if they return to a 
natural state. 
Article 253 Acquisition of Ownership of Lost Articles 
The ownership of a lost article is acquired by the finder if its owner does not 
claim his right within one year after public notice has been given in accordance 
with the provisions of law. 
Article 254 Acquisition of Ownership of Treasure-Trove 
The ownership of a treasure-trove is acquired by the finder if its owner does not 
claim his right within one year after public notice has been given in accordance 
with provisions of law. But the ownership of a treasure-trove found in the land or 
a thing belonging to another person is acquired by the finder and the owner of 
the land or the thing is equal shares. 
Article 255 State Ownership of Cultural Treasure 
(1) The things which are important materials for scientific, artistic, or antiquarian 
research shall belong to the state, not following the provisions of Article 252, 
Paragraph (1) and the preceding two Articles. 
(2) In the case of the preceding Paragraph, the finder, discoverer and the owner 
of the land or things where the treasure-trove was found, may submit a request 
for proper compensation from the state. 
Article 256 Attachment to Immovable 
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The owner of an immovable acquires the ownership of any thing affixed thereto; 
but this shall not affect the rights of another person who has affixed such item 
and retained the title thereto. 
Article 257 Ownership of Movables United 
If two or more movables belonging to different owners are so united together 
that they can no longer be separated without severe damage, or that it costs too 
much expense to separate them, the ownership of the composite thing belongs 
to the owner of the principal movable. If no distinction of principal and accessory 
can be made, the owners of such movables shall own the composite thing 
jointly in proportion to the value of the movables at the time they were united 
together. 
Article 258 Mixture 
The provisions of the preceding Article shall apply mutatis mutandis if the 
movables belonging to different owners, are integrated so as to be no longer 
distinguishable from each other. 
Article 259 Performance of Work 
(1) When a person has performed work upon a movable belonging to another 
person, the ownership of the article created by the work shall belong to the 
owner of the material; but if the value arising out of such workmanship 
considerably exceeds that of the materials, the person who has performed the 
work shall acquire the ownership of the entire article created. 
(2) If a person who has performed work, has furnished a part of the material, the 
price of the part shall add to the value under the preceding Paragraph. 
Article 260 Effect of Annexing 
(1) If the ownership of an articles is lost in accordance with the provisions of the 
preceding four Articles, all other rights which exist over the article shall also be 
lost. 
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(2) If the owner of the article mentioned above has become the sole owner of 
the composite assembly, the other right mentioned in the preceding Paragraph 
shall exist from thence over the composite item, the integration or the item 
created by the work: and if he has become a co-owner thereof they shall exist 
over his share therein. 
Article 261 Demand for Compensation 
A person who has sustained a loss by reason of the provisions of the preceding 
five Articles may demand compensation in accordance with the provisions 
concerning unjust enrichment. 
SECTION 3 Co-ownership 
Article 262 Co-ownership 
(1) If an article is owned jointly by two or more person in proportion to their own 
share, the article shall belong to co-ownerShip. 
(2) The shares of the co-owners are presumed to be equal. 
Article 263 Disposition of Share, Use of Article Owned Jointly 
The co-owners are entitled to dispose of their own shares, and may make use 
of or take the profits of the whole of that which is owned jointly in proportion to 
their own share. 
Article 264 Disposition of, Alteration in Articles Owned Jointly 
No co-owner may dispose of or make any alteration in the article jointly owned 
without consent of the other co-owners. 
Article 265 Administration of Article Jointly Owned 
All matters relating to the administration of the article jointly owned shall be 
determined by a majority in share of the co-owners; but each co-owner is 
entitled to do any act of preservation. 
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(1) Each co-owner shall pay the expenses of administration and bear all other 
charges relating to the articles jointly owned in proportion to his share. 
(2) If a co-owner fails to meet the obligation mentioned in the preceding 
Paragraph for a period of one year, the other co-owners may acquire his share 
upon payment of a reasonable compensation. 
Article 267 Renunciation of Shares 
If a co-owner renounces his share or dies without a successor, his share reverts 
to the other co-owners in proportion to their shares. 
Article 268 Partition of Article Jointly Owned 
(1) Each co-owner may demand a partition of the article jointly owned, but the 
co-owners may agree not to partition the article for a period not exceeding five 
years. 
(2) Such agreement may be renewed, but its duration cannot exceed five years 
from the time of renewal. 
(3) The provisions of the preceding two Paragraphs shall not apply to articles 
jointly owned under Articles 215 and 239. 
Article 269 Methods of partition 
(1) If, with regard to the methods of partition, no agreement can be reached 
among the co-owners, an application for partition may be made to the court. 
(2) If partition of the property itself cannot be effected, or if there is an 
apprehension that the property may considerably depreciate in value as a result 
of partition, the court may order a sale thereof by official auction. 
Article 270 Liability for Warranty 
Each co-owner shall, in proportion to his share, bear the same liability for 
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warranty as that of a seller in regard to the parts which the other co-owners 
have acquired by partition. 
Article 271 Partnership-ownership 
(1) In accordance with the provisions of law or contract, if property is owned by 
several persons through a partnership relationship, the property shall belong to 
partnership-ownership. The rights of persons having partnership-ownership 
shall reach the whole of the property in partnership-ownership. 
(2) With regard to partnership-ownership, the following three Articles shall apply 
subject to the provisions of the preceding Paragraph or contracts. 
Article 272 Disposition, Alteration and Preservation of Property in 
Partnership-ownership 
None of the persons having partnership-ownership of a piece of property may 
dispose of or make alteration to the property without the consent of the other 
persons having partnership; but each person is entitled to do any act of 
preservation. 
Article 273 Disposition of Property in Partnership-ownership 
(1) The persons having partnership-ownership of a piece of property shall not 
dispose of the shares of the property without the consent of all the persons. 
(2) The persons having partnership-ownership of a piece of property shall not 
demand partition of the property. 
Article 274 End of Partnership-ownership 
(1) Partnership-ownership of property shall end by dissolution of the partnership 
or assignment of the property. 
(2) With regard to partition of property in partnership-ownership under the 
preceding Paragraph, the provisions concerning the partition of property in co­
ownership shall apply mutatis mutandis. 
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(1) If a piece of property is owned by the members of an association which is 
not a juristic person as a collective body, it shall belong to collective ownership. 
(2) With regard to collective ownership, the following two Articles shall apply 
subject to articles of incorporation or other contracts. 
Article 276 Administration, Disposition and Use of Property in Collective 
Ownership 
(1) The administration and disposition of property in collective ownership shall 
be determined by resolutions of general meeting of the members. 
(2) Each member is entitled to the use of the property and to take the profits of it 
in collective ownership in accordance with the articles of incorporation or other 
regulations. 
Article 277 Acquisition and Loss of Rights and Duties concerning Property in 
Collective Ownership 
The rights and duties of members concerning property in collective ownership 
shall be acquired or lost by acquiring or losing the membership therein. 
Article 278 Quasi-co-ownership 
The provisions of this Section shall apply mutatis mutandis to property rights 
other than ownership, except as otherwise provided by law. 
CHAPTER IV SUPERFICIES 
Article 279 Contents of Superficies 
A superficiary is entitled to use the land of another person for the purpose of 
owning buildings, structures or trees thereon. 
Article 280 Duration of superficies 
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(1) If the duration of a superficies is to be determined by a contract, the period 
shall not be less than: 
1. 30 years if the superficies is for owning a buildings made of stone, lime, 
brick, or strong buildings similar to the above, or for owning trees; 
2. 15 years in case the superficies is for owning buildings other than those 
mentioned in the preceding Subparagraph; 
3. 5 years in case the superficies is for owning structures other than buildings. 
(2) If any period less than that mentioned in the preceding Paragraph has been 
determined, it shall be extended to that period mentioned in the preceding 
Paragraph. 
Article 281 Duration of Superficies 
(1) If the duration of superficies has not been determined by a contract, the 
period shall be the shortest period mentioned in the preceding Article. 
(2) If, when the superficies was created, the kind and construction of the 
structure were not determined, the superficies shall be regarded as the type 
mentioned in Subparagraph 2 of the preceding Article. 
Article 282 Assignment and Lease of Superficies 
A superficiary may assign his right to another person or may lease the land 
within the duration of the superficies. 
Article 283 Renewal of Contract 
(1) On the termination of the superficies, if buildings, other structures, or trees 
remain, the superficiary may demand renewal of the contract. 
(2) If the owner of the land does not want the renewal of the contract, the 
superficiary may ask the owner of the land to purchase the structures or trees 
under the preceding Paragraph at reasonable price. 
Article 284 Renewal and Duration 
In case parties are to renew the contract, the duration of the superficies shall 
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not be less than the shortest period mentioned in Article 280, commencing from 
the date of the renewal. But the parties can determine the duration of renewal 
longer than that of the Article 280. 
Article 285 Duties of Removal 
(1) If the termination of a superficies, the superficiary shall restore the land to its 
original condition, removing the buildings, other structures or trees. 
(2) In the case of the preceding Paragraph, if the owner of the land makes a 
requests to purchase the structure or trees, tendering a reasonable price 
therefor, the superficiary may not refuse such request without justifiable reason. 
Article 286 Claim for Increase or Decrease in Rent 
In case the rent is not appropriate because of changes in the price of the land, 
or increase or decrease in tax or burden upon the land, the parties concerned 
may request an increase or decrease in the rent. 
Article 287 Claim for Termination of Superficies 
If a superficiary has not paid rent for a period of two years or more, the owner of 
the land may claim termination of the superficies. 
Article 288 Claim for Termination of Superficies and Notification to 
Mortgagee 
If a superficies is the object of a mortgage, or the buildings or trees on the land 
are the object of a mortgage, the claim under the preceding Article may be 
effected after a considerable period has elapsed from the time when the 
mortgagees were so notified. 
Article 289 Compulsory Provisions 
Any contract, which is against the provisions of Articles 280 to 287 and is 
disadvantageous to the superficiary, has no effect. 
Article 289-2 Sectional Superficies 
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(1) The space on or under the ground may be demarcated into upper or lower 
parts which may be the object of the superficies for owning a building or other 
structure. In this case, the use of land may be restricted so as to exercise such 
superficies by means of an act of creation. 
(2) Even when a third person has a right to use and take profits from the land, if 
he and a person who has a right to it, consent to do so, the sectional superficies 
may be established. In this case, the third person who has the right to use and 
take profits from the land, shall not interfere with the exercise of the superficies. 
[This Article Newly Inserted by Law No. 3723, Apr. 10, 1984] 
Article 290 Provisions Applied Mutatis Mutandis 
(1) The provisions of Articles 213, 214, and 216 to 244 shall apply mutatis 
mutandis among superficiaries, or between a superficiary and the owner of the 
adjoining land. 
(2) The provisions of Articles 280 to 289, and Paragraph(1) of this Article shall 
be applicable mutatis mutandis to the sectional superficies under Article 289-2. 
<Newly Inserted by Law No. 3723, Apr. 10, 1984> 
CHAPTER V SERVITUDE 
Article 291 Contents of Servitude 
A person having a servitude is entitled to use the land of another person for the 
convenience and benefit of his own land for a certain purpose. 
Article 292 Appurtenant 
(1) A servitude is, transferred along with the ownership of the dominant land as 
appurtenant thereto and is subject to any other rights existing over the dominant 
land, unless it is otherwise provided for by the act of creation. 
(2) A servitude may neither be assigned nor made the subject of any other 
rights apart from the dominant land. 
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(1) One co-owner of land cannot extinguish as to his own share a servitude 
existing for the benefit of or over such land. 
(2) If a land is partitioned, or a part thereof is assigned, the servitude shall 
continue to exist for the benefit of over each part, unless according to the nature 
of the servitude it relates only to a part of the land. 
Article 294 Period for Acquiring Servitude 
The provisions of Article 245 shall apply mutatis mutandis only if a servitude is 
continuous and apparent. 
Article 295 Acquisition 
(1) If one co-owner acquires a servitude, the other co-owners also acquire a 
servitude. 
(2) An interruption of prescription by possession as against co-owners shall not 
be effective unless it is made against each co-owner who exercises the 
servitude. 
Article 296 Interruption of Extinctive Prescription 
If there are two or more co-owners exercising the servitude, an interruption or 
suspension of prescription occurring in favor of one of them shall inure to the 
benefit of the other co-owners. 
Article 297 Servitude for Water 
(1) If the water on land subject to a right of water is not sufficient to meet the 
requirements of both the dominant and the servient lands, it shall, according to 
the requirements of each piece of land, first be appropriated to domestic uses, 
and the remainder to other uses. However, this shall not apply if it has been 
otherwise provided for by the act of creation. 
(2) If the two or more rights of water have been created over one and the same 
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land, the person having a subsequent right of water may not interfere with the 
use of the water by the person having a prior right of water. 
Article 298 Obligation of Owner of Servient land 
If the owner of servient land has by contract assumed an obligation to construct 
structures, or to effect repairs thereon, at his own expense for the benefit of a 
servitude, such obligation shall devolve on limited successors in title of the 
owner of the servient land. 
Article 299 Relief of Obligation 
The owner of servient land may relieve himself of the obligation mentioned in 
the preceding Article by surrendering to the person entitled to the servitude the 
ownership of that portion of the land which is necessary for the servitude. 
Article 300 Common Use of Structures 
(1) The owner of servient land may use the structures on the servient land 
constructed for the benefit of the servitude, in so far as it does not interfere with 
exercise of servitude. 
(2) In the case mentioned in the preceding Paragraph, the owner of the servient 
land must bear the expense of the construction and maintenance of the 
structures in proportion to the benefit which he derives therefrom. 
Article 301 Provisions Applied Mutatis Mutandis 
The provisions of Article 214 shall apply mutatis mutandis to servitude. 
Article 302 Special Servitude 
In case the inhabitants of a certain area, as a collective body, are entitled to 
take grass or trees, to catch wild animals, to take earth or sand, to rear live 
stock farming or to take other profits from the land of the area owned by other 
person, the provisions of this Chapter shall apply mutatis mutandis subject to 
the custom of each locality. 
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CHAPTER VI CHONSEGWON (RIGHT OF REGISTERED 
LEASE) 
Article 303 Contents of Deposit Contract 
(1) Any person who has made a deposit contract, is entitled to use it in 
conformity with its purposes and to take the profits from it, by paying the deposit 
money and possessing the real property owned by another person. Furthermore, 
he is also entitled to obtain the repayment of deposit money in preference to 
persons having the junior right or other creditors, with respect to the whole real 
property. <Amended by Law No. 3723, Apr. 10, 1984> 
(3) Farming land shall not be made the object of a contract of chonsegwon. 
Article 304 Effect of Chonsegwon 
(1) Where a contract of chonsegwon is created over a building on the land 
owned by another person, the terms thereof shall apply to the superficies or 
lease created for the purpose of possessing the building. 
(2) In the case of the preceding Paragraph, the lessor of the contract of 
chonsegwon may not perform any act which extinguishes the superficies or 
lease without the consent of the lessee. 
Article 305 Contract of Chonsegwon over Building and Legal Superficies 
(1) In case land with a building thereon belongs to the one and same person, 
and a contract of chonsegwon is made on the building, the special successor in 
title of the land ownership is deemed to have created legal superficies for lessor 
of chonsegwon. However, on application of the party to contract of chonsegwon 
to the court, additional rent will be determined thereon. 
(2) In the case of the preceding Paragraph, the owner of the land shall not lease 
the land to another person, nor create any other contracts affecting the 
superficies or chonsegwon. 
Article 306 Assignment and Lease of Object of Contract of Chonsegwon 
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The person having a contract of chonsegwon may assign object thereof to 
another person or assign it as security; and during the term of the contract of 
chonsegwon he may re-chonse or lease the object thereof. But this shall not 
apply in cases where re-chonse, leasing and assignment are prohibited by the 
terms of the contract. 
Article 307 Effect of Assignment of Contract of Chonsegwon 
The assignee of a contract of chonsegwon has the same rights and duties as 
those of the assignor of the said contract of the chonsegwon towards the other 
party to the original contract of the chonsegwon. 
Article 308 Responsibility in Case of Re-chonse 
In case the object of a contract of chonsegwon is re-chonsed or leased, the 
person to said contract of chonsegwon who has so leased or re-ch on sed shall 
be responsible for the damage arising from the natural consequences thereof 
which would not have arisen if the object had not been re-chonsed or leased. 
Article 309 Duties of Maintenance and Repair 
The "leasing" party to the contract of chonsegwon shall maintain the status quo 
condition of the object of the contract of chonsegwon and shall perform 
necessary repairs in the ordinary course of the management thereof. 
Article 310 Claim for Reimbursement 
(1) If the "leasing" party to a contract of chonsegwon has defrayed expenses for 
the purpose of improving the object to the contract of chonsegwon, or other 
useful expenses, he may, so long as the increase in value remains, require 
reimbursement from the owner either of the amount defrayed, or the amount by 
which its value has increased, at the option of the said owner. 
(2) In the case of the preceding Paragraph, the court may upon the application 
of the owner allow him reasonable time for reimbursement. 
Article 311 Voidance of the Contract of Chonsegwon 
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(1) If a person having a contract of chonsegwon does not use or take the profit 
of the object of the contract of chonsegwon according to the terms applying to 
the use thereof, or according to the character of the object, the owner who has 
signed the contract of chonsegwon may void the contract of chonsegwon. 
(2) In the case of the preceding Paragraph, the owner who is a party to the 
contract of chonsegwon may request the other party thereto to restore the 
object to its original condition or may demand compensation for loss in lieu 
thereof. 
Article 312 Duration of Deposit Contract 
(1) The duration of contract of chonsegwon shall be for not more than 10 years. 
If the period prescribed in the contract exceeds 10 years, it shall be shortened 
to 10 years. 
(2) If the duration of a deposit contract for a building is fixed in a period less 
than one year, it shall be one year. <Newly Inserted by Law No. 3723, Apr. 10, 
1984> 
(3) The deposit contract may be renewed. The renewal period shall be not more 
than ten years from the date thereof. 
(4) When a person who has created a deposit contract for a building, has not 
notified a person who has made deposit contract, of his refusal to its renewal, or 
changed the conditions thereof within one to six months before the expiration of 
the deposit contract, and if he has not given therewith a notice to the effect that 
he will not renew the contract, it shall be considered that a new deposit contract 
is made under the same conditions as the previous one, at the expiration of the 
duration. <Newly Inserted by Law No. 3723, Apr. 10, 1984> 
Article 312-2 . Right to Request Increase or Reduction of Deposit Money 
If the amount of a deposit money becomes inappropriate due to an increase or 
reduction of taxes, public imposts and other charges related to the real property 
for which the deposit contract is created, or a fluctuation of the economic 
situation, a party may request an increase or reduction of the amount for the 
future. In a case of an increase in amount, however, it shall not exceed the base 
72 IP/N/IIKORll 
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rate as prescribed by the Presidential Decree. [This Article Newly Inserted by 
Law No. 3723, Apr. 10, 1984] 
Article 313 Notification of the Voidance of the Contract of Chonsegwon 
If duration of contract for chonsegwon is not provided in the contract, either 
party may notify the other party of his intention to void the contract of 
chonsegwon, and the contract of chonsegwon shall be void after 6 months have 
elapsed from the period of notification. 
Article 314 Loss by Act of God 
(1) If the whole or part of the object of a contract of chonsegwon is destroyed by 
an "act of god" over which the leasing party has no control, the contract of 
chonsegwon over the portion destroyed shall be void. 
(2) If, in the case of partial destruction under the preceding Paragraph, the 
"leasing" party having a contract of chonsegwon cannot continue to use the 
object thereof according to the purpose of the contract of chonsegwon with the 
remaining part, he may notify the owner of his intention to void the whole 
contract of chonsegwon and may demand the return of the chonse money. 
Article 315 Responsibility for Compensation for Loss 
(1) If the whole or part of the object of a contract of chonsegwon is destroyed by 
some cause attributable to the "leasing party" to the contract of chonsegwon, he 
is liable to compensate the owner for the loss. 
(2) In the case of the preceding Paragraph, the owner who is a party to the 
contract of chonsegwon shall have the right to apply the chonse money as 
compensation for the loss, and if there is any surplus, he shall return it to the 
"leasing" party to ,the contract of chonsegwon, and if it is insufficient, the owner 
may make demand for the balance. 
Article 316 Duty to Restore to the Original Condition 
(1) When a contract of chonsegwon expires according to terms for the duration 
of the contract of chonsegwon, the "leasing" party to the contract of 
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chonsegwon shall restore the object thereof to its original condition and has the 
right to remove any things which he attached to the said object. But if the owner, 
who is a party to the contract of chonsegwon, request the right to purchase the 
attached things, the leasing party to the contract of chonsegwon may not refuse 
to sell without a good reason. 
(2) In the case of preceding Paragraph, if the thing has been attached to the 
object with the consent of the owner who is a party to the contract of 
chonsegwon the "leasing" party to the contract of chonsegwon may request the 
owner to purchase the attached thing. The same shall apply in case the 
attached thing has been purchased from the person who has created the 
contract of chonsegwon. 
Article 317 Extinction of Contract of Chonsegwon and Concurrent Fulfilment 
When a contract of chonsegwon expires, the owner who is a party to the 
contract of chonsegwon shall receive from the "leasing" party thereto delivery of 
the object and any documents necessary for the cancellation of the registration 
of the contract of chonsegwon, and he shall concurrently return to the "leasing" 
party the chonse money. 
Article 318 Right to Request Official Auction 
If the owner who is a party thereto may request an official auction of the object 
to the said contract of chonsegwon, in accordance with Auction Act. 
Article 319 Provisions Applied Mutatis Mutandis 
The provisions of Articles 213,214, and 216 to 244 shall apply mutatis mutandis 
between persons having chonsegwon, or between a person having 
chonsegwon and the owner of adjoining land or superficiaries. 
CHAPTER VII RIGHT OF RETENTION 
Article 320 Contents of Right of Retention 
(1) The possessor of property or securities belonging to another person has any 
claim arising in respect of such property or securities and if payment of the 
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claim is due, he may retain possession of the property or securities until the 
claim is satisfied. 
(2)The provisions of the preceding Paragraph shall not apply if the possession 
has originated in an unlawful act. 
Article 321 Indivisibility of Right of Retention 
A person having a right of retention may exercise his right over the whole of the 
property or securities retained until his claim has been fully satisfied. 
Article 322 Auction 
(1) A person having a right of retention may sell the property retained at an 
official auction in satisfaction of his claim. 
(2) A person having a right of retention, if he has justifiable reasons, may 
request the court to apply the property retained to the satisfaction of his claim at 
the price estimated by an appraiser. In such case, the person having a right of 
retention shall inform the debtor of it in advance. 
Article 323 Right of Collecting Fruits 
(1) A person having a right of retention may collect the fruits produced from the 
property retained and may apply them to the satisfaction of his claim in 
preference to other creditors but if the fruits are not in the form of money, they 
shall be sold at an official auction. 
(2) The fruits must first be applied to the payment of the interest and the surplus 
if any, to the principal. 
Article 324 Duty of Keeping Property with Care of Good Manager 
(1) A person having a right of retention must keep the property retained with the 
care of a good manager. 
(2) A person having a right of retention may not, without the consent of the 
debtor, use or let the property retained nor pledge it as security; but this shall 
75 not apply to such use of the property as necessary for its preservation. IPINlllKORll 
Page 487 
(3) If a person having a right of retention contravenes the provisions of the 
preceding two Paragraphs, the debtor may demand the extinction of the right of 
retention. 
Article 325 Right of Demanding Reimbursement 
(1) If a person having a right of retention has defrayed necessary expenses in 
respect of the property retained, he may require the owner to reimburse. 
(2) If a person having a right of retention has defrayed useful expenses in 
respect of the property retained, he may, as long as an increase in value 
remains, require reimbursement either of the amount defrayed or the amount by 
which its value has been increased at the option of the owner; but the court may, 
upon the application of the owner, allow him reasonable time to make 
rei mbursement. 
Article 326 Extinctive Prescription 
The exercise of a right of retention shall not prevent extinctive prescription from 
running against the claim. 
Article 327 Furnishing Security and Extinction of Right of Retention 
The debtor may demand the extinction of a right of retention on furnishing 
adequate security. 
Article 328 Loss of Possession and Extinction of Right of Retention 
A right of retention shall be extinguished by the loss of possession. 
CHAPTER VIII PLEDGE 
SECTION 1 Pledge of Movables 
Article 329 Contents of Pledge 
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A pledge of movables is entitled to hold possession of the movables which he 
has received from the debtor a third person as security for his obligation, and to 
obtain satisfaction of his claim out of the movables in preference to other 
creditors. 
Article 330 Delivery of Thing Pledged 
A pledge shall become effective upon the delivery to the creditor of the thing 
pledged. 
Article 331 object of Pledge 
A thing which is un assignable cannot be made the object of a pledge. 
Article 332 Ban on Holding Possession of Thing Pledged by Pledger 
A pledgee cannot let the pledger hold possession of the thing pledged on his 
behalf. 
Article 333 Order of Priority of Several Pledges 
If several pledges have been created on a movable to secure several debts, the 
order of their priority shall depend upon the date of their creation. 
Article 334 Scope Claimed by Pledge 
Unless otherwise provided by an agreement, a pledge shall secure the principal, 
interest, penalty, expense for enforcement of the pledge, expense for 
preservation of the thing pledged, and the damages arising from the non­
fulfilment of the obligation or from latent defects in the thing pledged. 
Article 335 Effect of Retaining 
A pledgee may retain in the thing pledged until he obtains satisfaction of his 
claim prescribed in the preceding Article; but this right cannot stand against any 
creditor who has priority to him. 
Article 336 Sub-pledge 
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A pledgee may, within his own right, sub-pledge the thing pledged on his own 
responsibility. In such case he shall be responsible even for damages due to vis 
major which would not have occurred, if the thing had not been sub-pledged. 
Article 337 Requisites for Standing Against Debtors 
(1) In the case prescribed in the preceding Article the sub-pledge cannot stand 
against the debtor, surety, pledger, and their successors in title unless the 
debtor has been notified of such sub-pledge or has given his consent thereto. 
(2) If the debtor has received the notice or has given his consent thereto as 
prescribed in the preceding Paragraph, no payment of debt made to the 
pledgee without the consent of the sub-pledgee can stand against the sub­
pledgee. 
Article 338 Official Auction 
(1) A pledgee may sell the thing pledged by official auction to obtain satisfaction 
of his claim. 
(2) A pledgee may apply to the court to have the pledged article appropriated to 
the satisfaction of the debt to the extent of its value appraised by an expert, 
provided there is a justifiable reason for doing so. In such case the pledgee 
must give the debtor and pledger notice of the application in advance. 
Article 339 Ban on Disposition of Pledged Articles 
A pledger may not, by a contract effected before the debt becomes due, agree 
that the pledgee shall by way of satisfaction of his claim acquire the ownership 
of the pledged article or dispose of it otherwise than in the manner provided for 
by law. 
Article 340 Satisfaction of Claim out of Other Property 
(1) A pledgee may obtain satisfaction of his claim out of other property of the 
debtor only in respect to that portion which has not been satisfied out of the 
pledged article. 
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(2) The provisions of the preceding Paragraph shall not apply if other property is 
to be apportioned prior to the apportionment of the thing pledged; but other 
creditors may ask the pledgee to deposit the amount to be apportioned. 
Article 341 Indemnity) 
If a person who has pledged his own property to secure a debt of another, 
discharges the debt or loses the ownership of the thing pledged in consequence 
of the enforcement of the pledge, he is entitled to be indemnified by the debtor 
in accordance with the provisions relating to suretyship. 
Article 342 Exercise of Pledge against Things Other than Pledged Articles 
A pledge may also be exercised against money or other things which the 
pledger is entitled to receive by reason of the loss, damage, or public requisition 
of the thing pledged. In such case an attachment must levied thereon prior to 
their payment or delivery. 
Article 343 Provisions Applied Mutatis Mutandis 
The provisions of Articles 249 to 251 and Articles 321 to 325 shall apply mutatis 
mutandis to pledges of movables. 
Article 344 Pledges under Other Laws 
The provisions of this Section shall apply mutatis mutandis to pledges created 
by the provisions of another law. 
SECTION 2 Pledge of Rights 
Article 345 Object of Pledge of Rights 
A property right may be the object of a pledge; but the right to use and take the 
profit from the immovable, may not be the object of a pledge. 
Article 346 Manner of Creating Pledge of Rights 
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Unless there is no other provisions in the law, a pledge of rights must be 
created by the method regarding the transfer of rights. 
Article 347 Delivery of Documents 
Where a claim is made the object of a pledge and there exists a document of 
such claim, the creation of the pledge shall take effect by the delivery to the 
pledgee of the document. 
Article 348 Additional Registration of Pledge 
Where a claim secured by a mortgage has been made the object of a pledge, 
this cannot be effective against the mortgage unless an additional registration of 
the pledge is entered in the registration of the hypothec. 
Article 349 Nominative Debt as Object of Pledge 
(1) Where a nominative claim has been made the object of a pledge, the 
creation of the pledge cannot stand against the original debtor or other third 
person, unless he has been notified of it by the pledger in accordance with the 
provisions of Article 450 or unless the original debtor has given his consent 
thereto. 
(2) The provisions of Article 451 shall apply mutatis mutandis to the preceding 
Paragraph. 
Article 350 Method of Creating Pledge 
Where a claim as evidenced by an instrument "payable to the order of' has 
been made the object of a pledge, the creation of the pledge shall take effect by 
the endorsement of the instrument and its delivery to the pledgee. 
Article 351 Method of Creating Pledge 
Where a debt as evidence by an instrument "payable to bearer" has been made 
the object of a pledge, the creation of the pledge shall take effect by the delivery 
to the pledgee of the instrument. 
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Article 352 Ban on Extinguishment of Right under Pledge 
Without the consent of a pledgee, a pledger cannot extinguish a right under the 
pledge, or cannot make any changes detrimental to the rights of the pledgee. 
Article 353 Method of Execution of a Claim under Pledge 
(1) A pledgee may directly collect the claim under the pledge. 
(2) If the subject-matter of a claim is money, the pledgee may obtain direct 
payment of only such portion thereof as corresponds to the amount of his own 
claim. 
(3) If the claim mentioned in the preceding Paragraph has become due earlier 
than the pledgee's claim, the pledgee may request the original debtor to deposit 
the amount payable with the Court Depository. In such case the pledge shall 
exist over the money so deposited. 
(4) If the object of the claim is a thing other than money, the pledgee may 
exercise his pledge over the thing recovered. 
Article 354 Method of Execution of a Claim under Pledge 
In addition to the provisions of the preceding Article, a pledgee may enforce his 
pledge by compulsory processes as provided for in the Code of Civil Procedure. 
Article 355 Provisions Applied Mutatis Mutandis 
In addition to the provisions of this Section, the provisions of the pledge of 
movables shall apply mutatis mutandis to the pledge of rights. 
CHAPTER IX MORTGAGE 
Article 356 Contents of Mortgage 
A mortgagee is entitled to obtain satisfaction of his claim in preference to other 
creditors out of the immovable which has been furnished by the debtor or by a 
third person as security without transferring its possession. 
81 Article 357 Floating Sum Mortgage IP/NIl/KORll 
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(1) A mortgage can be created by settling only the maximum amount of the debt 
to be secured and reserving the determination of the debt in the future. In such 
case the extinction or transfer of the debt which occurred before the debt is 
determined cannot be effective against the mortgage. 
(2) In the case of the preceding Paragraph the interest of the debt shall be 
considered to be included in the maximum amount of the debt. 
Article 358 Scope of Effect of Mortgage 
A mortgage shall extend to all things which pertain to the immovable that is 
mortgaged including its accessories. But this shall not apply to cases where 
there are special provisions in the law or another agreement in the act of 
creation. 
Article 359 Effect upon Fruits 
A mortgage shall be effective against the fruits which the mortgager has 
obtained or can obtain out of the mortgaged property after an attachment has 
been levied on it. But this cannot stand against the third person who has 
obtained the ownership of, a superficies or chonsegwon, on the mortgaged 
property unless the mortgagee has notified him of the attachment. 
Article 360 Scope of Mortgage Coverage 
A mortgage shall secure the principal, interest, penalty, damages arising from 
the nonperformance of the obligation, and the expense for the disposition of the 
mortgage. Where the compensation for damages is delayed, a mortgage can be 
exercised only as regards the payments due in respect of one year after the 
lapse of time for performance. 
Article 361 Limits on Disposition of Mortgage 
A mortgage cannot be assigned separately from its secured claim and also 
cannot be remortgaged to secure another claim. 
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Article 362 Supplement of Property Mortgaged 
When the value of the property mortgaged has been conspicuously decreased 
by the acts attributable to a mortgager, a mortgagee may claim for its recovery 
to the original state or the offer of appropriate security for it. 
Article 363 Claim for Official Auction 
(1) A mortgagee may sell the mortgaged item by official auction to obtain 
satisfaction of his claim. 
(2) A third person who has obtained the ownership of the property mortgaged 
may also bid at the official auction. 
Article 364 Payment of Debt by Third Person 
A third person who has obtained the ownership of, or a superficies or 
chonsegwon on the mortgaged property may make a claim for the extinction of 
the mortgage by paying to the mortgagee debt secured by it. 
Article 365 Claim for Official Auction 
Where the mortgagor has constructed a building on the land after a mortgage 
was created over it, the mortgagee may sell such building by official auction 
together with the land; but he has no right to obtain reimbursement out of the 
auction proceeds of the building in preference to all others. 
Article 366 Legal Superficies 
Where the land and the building on it belong to different person after the official 
auction sale of the property mortgaged, the owner of the land is deemed to 
have created a superficies for the owner of the building; in such case the rent 
shall be determined by the court on the application of the party concerned. 
Article 367 Claim for Compensation of Expenses 
If the purchaser of the property mortgaged has defrayed necessary or useful 
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expenses in respect thereof to preserve and improve it, he may obtain 
reimbursement out of the proceeds of the auction sale of the property in 
preference to all others, according to the stipulations of Paragraphs (1) and (2) 
of Article 203. 
Article 368 Joint Mortgages 
(1) Where tow or more immovables are mortgaged to secure one claim and the 
proceeds of the auction are to be applied simultaneously to its satisfaction, the 
burdens in respect of the obligation shall be divided in proportion to the 
proceeds of the auction sale each immovable. 
(2) If the proceeds of the auction sale of only one of the immovables mentioned 
in the preceding Paragraph are to be applied, the mortgagee may obtain full 
satisfaction of his claim out of the same; in such case the mortgagee next in 
priority may exercise the right of the prior mortgages by subrogation to the 
extent of the amount which the latter would have received out of other 
immovables in accordance with the provisions of the preceding Paragraph. 
Article 369 Extinction of Mortgage 
When the claim secured by a mortgage becomes extinct by completion of 
prescription or by any other reason, the mortgage shall also lapse with it. 
Article 370 Provisions Applied Mutatis Mutandis 
The provisions of Articles 214, 321, 333, 340, 341 and 342 shall apply mutatis 
mutandis to mortgages. 
Article 371 Superficies and Chonsegwon Mortgaged 
(1) The provisions of this Chapter shall apply mutatis mutandis to the case 
where a superficies or chonsegwon has been mortgaged. 
(2) A mortgagor who mortgaged a superficies or chonsegwon cannot take 
action to extinguish it without the consent of the mortgagee. 
Article 372 Mortgages under Other Laws 
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The provisions of this Chapter shall apply mutatis mutandis to mortgages 
created by the provisions of another law. 
BOOK III CLAIMS 
CHAPTER I GENERAL PROVISIONS 
SECTION 1 Subject of Claims 
Article 373 Subject of Claim 
Even something the value of which cannot be computed in money, may be the 
subject of a claim. 
Article 374 Duty of an Obligor to Deliver a Specific Thing with Good Manager's 
Care 
If the delivery of a specific thing is the subject of a claim the obligor is bound to 
preserve such thing with the care of a good manager until it is delivered. 
Article 375 Claim in Species 
(1) Where the subject of a claim is designated in species only, and its quality 
cannot be determined by the nature of the juristic act or by the intention of the 
parties, the obligor is bound to perform with a thing of medium quality. 
(2) If in the cases mentioned in the preceding Paragraph the obligor has 
completed all acts that are necessary for the performance or has with the 
consent of the obligee designated a thing to be performed, such thing shall 
thenceforth constitute the subject matter of the claim. 
Article 376 Pecuniary Claim 
Where the subject of a claim is to be delivered in one kind of currency, and the 
currency has ceased to be legal tender at the time the claim become due, the 
obligor is bound to effect payment in another currency of legal tender. 
85 Article 377 Pecuniary Claim in Foreign Currency IP/N/l/KORlI 
Page 497 
(1) Where the subject of a claim is to be delivered in foreign currency, the 
obligor may, at his option, effect payment in any kind of currency of the country. 
(2) When the subject of a claim is to be delivered in one kind of foreign currency, 
and the currency has ceased to be legal tender at the time when the claim 
becomes due, payment shall be effected in some other currency of the country. 
Article 378 Pecuniary Claim in Foreign Currency 
If the amount of a claim is designated in foreign currency, the debtor may effect 
payment in Korean currency at the current rate of exchange at the place of 
performance when the delivery is made. 
Article 379 Legal Rate of Interest 
The rate of interest of a claim bearing interest, where there exists no different 
provisions of law or agreement of the parties, shall be five per cent per annum. 
Article 380 Optional Claim 
If, where the subject of a claim is to be determined according to option from 
among two or more acts (of performance), and there exists no different 
provisions of law or agreement of the parties, the right of option (the optional 
right) shall vest in the obligor. 
Article 381 Transfer of the Right of Option 
(1) Where there exists the period for the exercise of a right of option, and the 
party having a right of option (an option right) fails to exercise the right of option 
within the period" the other party, having determined a reasonably fixed period, 
may give notice of making an option; in case the party having a right of option 
(an optional right) fails to do so within the reasonably fixed period, the right of 
option (the optional right) shall vested in the other party. 
(2) However, where there exists no period for the exercise of a right of option 
(an optional right), after the claim has become due, the other party, having 
86 IP/NI 1 IKORll 
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determined a reasonably fixed period, give notice of making an option, and the 
party having a right of option (an optional right) fails to do so, then it becomes 
identical with the preceding Paragraph. 
Article 382 Exercise of the Right of Option by Either Party 
(1) Where an option is made by the one party, it shall be made by a notice to 
the other party. 
(2) The notice mentioned in the preceding Paragraph cannot be revoked without 
the consent of the other party. 
Article 383 Exercise of the Right of Option by a Third Person 
(1) Where an option is made by a third person, it shall be made by a notice both 
to the obligor and to the obligee. 
(2) The notice mentioned in the preceding Paragraph cannot be revoked without 
the consent of both the obligee and the obligor. 
Article 384 Transfer of the Right of Option Vested in a Third Person 
(1) In case a third person cannot make an option, the right of option shall vested 
in the obligor. 
(2) Where a third person does not make an option, the obligee or the obligor 
may notify him to make an option within a reasonably fixed period, and if the 
third person fails to do so within the period, the right of option (the optional right) 
shall vest in the obligor. 
Article 385 Determination of the Alternative Claim Owing to Impossibility of 
Performance 
(1) If among two or more acts of performance which are to be made under an 
option, some of which have either been impossible to perform in the beginning 
or subsequently become impossible to perform, the subject of the claim shall 
exists in respect of the remaining acts. 
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(2) The provisions of the preceding Paragraph shall not apply, if any act of 
performance has become impossible by reason of the fault of the party who 
does not have the right of option. 
Article 386 Retroactive Effect of Option 
The option shall be effective retroactively as from the time the obligation arose; 
but the rights of a third persons may not be prejudiced thereby. 
SECTION 2 Effect of Claim 
Article 387 Time for Performance and Delay of Performance 
(1) Where a definite time for the performance of a claim is fixed, the obligor 
shall be responsible for delay as from the commencement of such time. If an 
indefinite time for the performance of a claim is fixed, the obligor shall be 
responsible for any delay as from the time when the obligor has become aware 
of the arrival of the time for performance. 
(2) If a time for the performance of a claim is not fixed, the obligor shall be 
responsible for the delay as from time when demand for performance has been 
made upon him. 
Article 388 Forfeiture of the Benefit of Time 
The obligor cannot claim the benefit of time under the following circumstances: 
1. IF the obligor has destroyed, diminished or extinguished the security; 
2. If the obligor has failed to perform the obligation to furnish the 
security. 
Article 389 Forced Execution of Obligation 
(1) If an obligor does not perform his obligation on purpose, the obligee may 
apply to the court for specifi.c performance thereof; but this shall not apply to 
cases where the nature of an obligation does not so permit. 
(2) If the obligation mentioned in the preceding Paragraph has a juristic act for 
its subject, application may be made to a court for a decision which shall act as 
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a substitute for a declaration of intention by the obligor; if it has an act which is 
not entirely personal to the obligor for its subject, application may be made to 
the court to compel performance by a third person at the expenses of the 
obligor. 
(3) Where the obligation has forbearance for its subject, and the obligor has 
violated it, application may be made to the court to have that which has been 
violated by the obligor removed at the obligor's expense, and that reasonable 
precautionary steps be taken against future repetition. 
(4) The provisions of the three preceding Paragraph shall not affect a demand 
of compensation for damages. 
Article 390 Non-performance of Obligations and Claim for Damages 
If an obligor fails to effect performance in accordance with the tenor and purport 
of the obligation, the obligee may claim damages; but this shall not apply to 
cases where performance has become impossible and this is not due to the 
obligor's intention or fault. 
Article 391 Intention or Negligence (Culpa) of the Helper for Performance 
Where a legal representive (proxy) for the obligor effects performance in lieu of 
(proxy) the latter or the obligor effects performance through the other person as 
an employee, the intention or fault of the legal representive or other person shall 
be deemed as that of the obligor. 
Article 392 Claims for Damages Arising from in the Course of Delayed 
Performance 
The obligor shall be responsible for damages during delay of the performance 
even where he i$ not at fault; but this shall not apply to cases where the 
damage is inevitable even if he performed at the time when the time of 
performance became due. 
Article 393 Extent of Demand for Damages 
(1) The compensation for damages arising from the non-performance of an 
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(2) The obligor is responsible for reparation for damages that have arisen 
through special circumstances, only if he had foreseen or could have foreseen 
such circumstances. 
Article 394 Method of Reparation for Damages 
In the absence of any different agreement the damages shall be recovered in 
money. 
Article 395 Performance Delay and Reparation for Damages in Lieu of 
Performance 
Where the obligor has delayed the performance of an obligation, and the obligor 
fails to perform within a reasonably fixed time that the obligee has given notice, 
or performance after delay is no longer profitable for the obligee, the obligee 
may refuse to accept performance and claim damages in lieu of (in return for) 
performance. 
Article 396 Compensatio Culpae 
If there has been any fault on the part of the obligee in regard to the non­
performance of the obligation, the court shall take it into account in determining 
the liability for and assessing the amount of the damages. 
Article 397 Special Rules as to Non-performance of Money Debt 
(1) The amount of damages for non-performance of a money debt shall be 
determined by the legal rate of interest; but in case there exist an agreed rate of 
interest which does not exceed the limitation provided by laws and ordinance, 
that agreed rate of interest shall prevail. 
(2) With regard to the damages mentioned in the preceding Paragraph, the 
obligee is not bound to prove the actual damages nor can the obligor set up the 
absence of fault as a defense. 
Article 398 Determination in Advance of the Amount of Damages 
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(1) The parties may determine in advance the amount of damages payable in 
the event of the non-performance of an obligation. 
(2) Where the amount of damages determined in advance is unduly high, the 
court may deduce the amount to a more reasonable and proper sum. 
(3) The determination in advance of the amount of damages shall not affect the 
obligee's demand for performance or rescission of the contract. 
(4) The agreement of a penalty is presumed to be determined in advance of the 
amount of damages. 
(5) Even in cases where the parties have agreed beforehand that something 
other than money shall be applied as compensation for damages, the provisions 
of the four preceding Paragraphs shall apply mutatis mutandis. 
Article 399 Obligor's Subrogation to Obligee owing to Reparation 
If an obligee has received by way of damages the full value of the thing or right 
which forms the subject of the claim, the obligor shall ipso jure be subrogated to 
the position of the obligee in respect of such thing or right. 
Article 400 Mora Creditoris 
If an obligee is unable to accept performance of an obligation or refuses to 
accept it, such obligee shall be responsible for the delay commencing from the 
time when the performance has been tendered. 
Article 401 Obligee's Acceptance Delay and Responsibility of the Obligor 
If the obligor has no intention or gross negligence in respect of non­
performance, such obligor shall, during the obligee's delay of acceptance, be 
free of all responsibility arising as a result of non-performance. 
Article 402 Obligee's Acceptance Delay and Responsibility of the Obligor 
During a period of delay on the part of the obligee, the obligor is not bound to 
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deliver the interest even though the obligation is accompanied by the interest. 
Article 403 Obligee's Delay of Acceptance and Responsibility of the Obligee 
If the expense for the custody (storage) of the subject-matter or for performance 
is increased owing to the delay on the part of the obligee, payment of the 
increased amount shall be deducted from the account of the obligee. 
Article 404 Obligee's Right of Subrogation to the Obligor 
(1 )An obligee may, in order to protect his claim, exercise the rights belonging to 
the obligor; but this shall not apply to such rights as are strictly personal to the 
obligor. 
(2) Before a claim becomes due, the obligee cannot exercise the rights 
mentioned in the preceding Paragraph without the court's permission; but this 
shall not apply to an act of preservation. 
Article 405 Notice as to Exercise of the Obligee's Rights of Subrogation to 
the Obligor 
(1) If the obligee, according to the provisions of the Paragraph 1 of the 
preceding Article, has exercised the rights, except the act of preservation, he is 
bound to give notice to the obligor. 
(2) After the obligor has received the notice under the preceding Paragraph, 
even though he has disposed of his rights, this shall not be so set up against 
the obligee. 
Article 406 Obligee's Right of Revocation 
(1) If the obligor has done any juristic act, which has a property right for its 
subject, with the knowledge that it would prejudice the obligee, the obligee may 
apply to the court for its revocation and bringing the matters to its original status. 
However, this shall not apply in cases where a person who has derived a 
benefit from such act or where a subsequent purchaser was, at the time of the 
act or of the purchase, unaware of the fact that it would prejudice the obligee. 
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(2) The action mentioned in the preceding Paragraph shall be brought within 
one year from the time when the obligee became aware of the cause for 
revocation, or within five years from the time when the juristic act was done. 
Article 407 Effect of Revocation by the Obligee 
The revocation and bringing the matter to its original status according to the 
provisions of the preceding Article shall take effect for the benefit of all obliges. 
SECTION 3 Several Obligees and Obligors 
Sub-section 1 General Provisions 
Article 408 Relationship of Divisible Claims 
Where there are several obligees or obligors, they shall, in the absence of any 
other agreement, have rights or assume duties in equal proportions. 
Sub-section 2 Indivisible Claims and Indivisible Obligations 
Article 409 Indivisible Claim 
Where the subject of a claim is indivisible by its nature or by a declaration of 
intention by the parties, and there are several obligees, each obligee may 
demand performance on behalf of all the obligees, and the obligor may effect 
performance to any obligee on behalf of all the obligees. 
Article 410 Effect of Facts Arisen to One of the Obligees 
(1) Among the obligees of an indivisible claim, an act done by, or any fact 
concerning anyone of the obligees, except the fact which has an effect upon all 
the obligees according to the preceding Article, shall have no effect upon the 
other obligees. 
(2) Where a novation or a release has been effected between one of the obligee 
of an indivisible claim and the obligor, other obligees who have received 
performance of the entire obligation must reimburse the obligor that which 
would have been due to such obligee if he had not lost his right. 
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Article 411 Indivisible Obligations and Mutatis Mutandis Provisions 
Where several persons assume an indivisible obligation, the provisions of 
Articles 413 to 415, Article 422 and Articles 424 to 427 as well as those of the 
preceding Article shall apply mutatis mutandis. 
Article 412 Conversion into Divisible Claim and Divisible Obligation 
Where an indivisible obligation is converted into a divisible one with respect to 
the obligees or the obligors, each obligee may demand performance only in 
respect of his own share, and each obligor shall be liable for the performance 
only in respect of the share incumbent upon himself to perform. 
Sub-section 3 Joint and Several Obligation 
Article 413 Content of Joint and Several Obligation 
If each of the several obligors has the responsibility to perform the entire 
obligation, and the performance by one of the obligors discharges the other's 
obligation, the obligation shall be a joint and several obligation. 
Article 414 Demand for Performance against Each of Obligor Jointly and 
Severally Liable 
The obligee may demand performance, in whole or in part, against one of the 
obligors jointly and severally liable or all of them simultaneously or in 
succession. 
Article 415 Nullifying or Avoiding in Respect of the Obligors 
The ground for nullifying or avoiding a juristic act in regard to one of the obligors 
jointly and severally liable, shall not affect the other's obligation. 
Article 416 Absolute Effect of Demand for Performance 
A demand for performance made upon one of the obligors jointly and severally 
liable shall be effective as against the others. 
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Article 417 Absolute Effect of a Novation 
If a novation has been effected 
between one of the obligors jointly and severally liable and the obligee, the 
claim shall be extinguished in favor of all the obligors. 
Article 418 Absolute Effect of a Set-off 
(1) Where one of the obligors jointly and severally liable has a counter claim 
against the obligee, and the obligor makes a set-off, the claim shall be 
extinguished in favour of all the obligors. 
(2) If the obligor who has a counter claim does not make a set-off, the other 
obligors can make a set-off only to the extent of his share of the obligation. 
Article 419 Absolute Effect of a Release 
A release given to one of the obligors jointly and severally liable, shall be 
effective in favour of the other obligors jointly and severally liable only to the 
extent of his share of the obligation. 
Article 420 Absolute Effect of a Merger 
If a merger has taken place as between one of obligors jointly and severally 
liable and the obligee, the other obligors jointly and severally liable shall also be 
relieved of their obligation only to the extent of the share incumbent upon such 
obligor. 
Article 421 Absolute Effect of Extinctive Prescription 
If prescription hal? been completed for (in favour of) one of the obligors jointly 
and severally liable, the other obligors jointly and severally liable shall also be 
relieved of their obligation only to the extent of the share incumbent upon such 
obligor. 
Article 422 Absolute Effect of the Obligee's Delay 
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The obligee's acceptance delay against one of the obligors jointly and severally 
liable, shall be effective upon the other obligors jointly and severally liable. 
Article 423 Principles as to Relativity of Effect 
Except for matters mentioned in the preceding seven Articles, all other matters 
relating to one of the obligors jointly and severally liable shall not be effective on 
the other obligors. 
Article 424 Equality of Contribution 
The extent of the share incumbent upon the obligors jointly and severally liable 
to contribute, shall be presumed as equal. 
Article 425 Right of Reimbursement of the Obligor Who has Performed at His 
Own Expense 
(1) If one of the obligors jointly and severally liable has, by performance of the 
obligation or otherwise at his own expense, procured a discharge for common 
profit, he is entitled to reimbursement from the other obligors jointly and 
severally liable in proportion to their respective shares. 
(2) The right of reimbursement mentioned in the preceding Paragraph shall 
include legal interest as from the day of discharge, and the expenses or other 
losses which were unavoidable. 
Article 426 Notice as Requisite for Reimbursement 
(1) Where one of the obligors jointly and severally liable has, without notifying 
the other obligors jointly and severally liable, procured a common discharge by 
performance or otherwise at his own expense, and one of the other obligors had 
a defense availal:;lle against the obligee, he may set it up against the obligor 
jointly and severally liable who has done an act for discharge only to the extent 
of the share incumbent upon such obligor to perform, and if the ground for 
defense so set up is a set-off, the claim which is to be distinguished by a set-off, 
shall be transferred to the obligor jointly and severally liable. 
(2) Where one of the obligors jointly and severally liable fails to notify the other 
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obligors jointly and severally liable that he has effected performance or 
otherwise procured at his own expense a common discharge, and one of the 
other obligors jointly and severally liable has in good faith effected performance 
or otherwise procured a discharge for value, he shall insist upon the 
effectiveness of his own act for discharge. 
Article 427 Share Incumbent upon the Obligor who has no Sufficient Means to 
Make Reimbursement 
(1) If one of the obligors jointly and severally liable has no sufficient means to 
make reimbursement, the part which he is unable to pay shall be borne by the 
person demanding reimbursement and the other solvent obligors in proportion 
to their respective shares; but if the party demanding reimbursement is at fault, 
he cannot demand the other obligors to bear their proportionate shares. 
(2) In the case of the preceding Paragraph, if one of the other obligors who is to 
bear the part for reimbursement of the obligor, who is insolvent, has obtained a 
release by the obligee from their joint and several liability, the obligee shall bear 
the part incumbent upon the obligor. 
SUb-Section 4 Suretyship Obligation 
Article 428 Contents of Suretyship Obligation 
(1) A surety is liable to perform the obligation upon which the prinCipal has 
defaulted. 
(2) A suretyship may be made for a future obligation. 
Article 429 Extent of Suretyship Obligation 
(1) The suretyship obligation shall include interest on the prinCipal obligation, 
penalty, damages, and all other charge incidental to the principal obligation. 
(2) A surety may stipulate in advance the amount of penalty or damages in 
regard to his own suretyship obligation. 
Article 430 Appendant Nature of Suretyship Obligation 
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If the burden of a surety is greater than that of the principal obligor either as to 
its subject or its terms, it shall be reduced to the extent of the principal 
obligation. 
Article 431 Requisite as to a Surety 
(1) Where an obligor is bound to furnish surety, such surety must be a person 
who has full capacity and sufficient means to effect performance. 
(2) If the surety ceases to have sufficient capacity to effect performance, the 
obligee may demand substitution of another for such surety. 
(3) Where the obligee has designated the surety, the provisions of the 
preceding two Paragraphs shall not be applicable. 
Article 432 Furnishing Other Security 
The obligor may be released from liability to furnish a surety by furnishing other 
reasonable security in lieu thereof. 
Article 433 Surety and Defense of the Principal Obligor 
(1) A surety may avail himself of any defense against the obligee which the 
principal obligor has against the obligee. 
(2) A renunciation (abandonment) of a defense by the principal obligor shall not 
be effective as against a surety. 
Article 434 Surety and the Right to Set-off of the Principal Obligor 
A surety may avail himself of any claim which the principal obligor has against 
the obligee as a set-off against the latter. 
Article 435 Surety and the Right to Revocation, etc. of the Principal Obligor 
So far as the principal obligor has the right of revocation (cancellation), 
rescission (release) and withdrawal, the surety may refuse to perform the 
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obligation against the obligee. 
Article 436 Surety as to a Voidable Obligation 
Where a surety has guaranteed an obligation which is voidable and of which he 
was aware of at the time of entering into the suretyship, and there exists non­
performance or revocation of the principal obligation, he is presumed to have 
assumed an independent obligation of the same tenor as the principal obligation. 
Article 437 Defense by the Surety of Notice and Inquiry 
If an obligee has demanded performance of the obligation from the surety, who 
claims that the principal obligor has sufficient means to effect performance and 
that the execution would be easy, he may enter a plea as a defense that the 
obligee must demand from the principal obligor and that he must first levy 
execution on the property of the principal obligor; but if the surety has assumed 
an obligation jointly and severally liable with the principal obligor, this shall not 
be applied. 
Article 438 Effect of Negligence as to Notice or Inquiry 
Notwithstanding that a defense has been made by a surety in accordance with 
the provisions of the preceding Article, and the obligee has, owing to his 
negligence, been unable to obtain partial or full performance from the obligor, 
the surety shall be relieved of his liability to the extent that the obligee would 
have received performance, if he had not been negligent. 
Article 439 Benefit of Division by the Co-sureties 
Even where several sureties have assumed their liabilities for one obligation by 
separate acts, the provisions of Article 408 shall apply. 
Article 440 Effect of Interruption of Prescription against the Surety 
An interruption of prescription against the principal obligor shall also be effective 
as against the surety. 
Article 441 Right of Reimbursement of the Fiduciary Surety 
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(1) If a surety who has become such at the request of the principal obligor has, 
without fault on his part, caused the principal obligation to be extinguished by 
performance or at his own expense, such surety shall have a right to be 
indemnified by the principal obligor. 
(2) The provisions of Paragraph (2) of Article 425 shall apply mutatis mutandis 
to the cases mentioned in the preceding Paragraph. 
Article 442 Right of Preliminary Reimbursement of the Fiduciary Surety 
(1) A surety who has become such at the request of the principal obligor may 
exercise in advance his right of reimbursement against the principal obligor in 
one of the following Subparagraphs: 
1. When a surety has, without his fault, had judgment entered against him 
ordering performance to the obligee; 
2. If the principal obligor has been adjudged bankrupt, and the obligee does 
not participate in the bankruptcy; 
3. If five years have elapsed after the conclusion of the contract of 
suretyship, in cases where the time for the performance of the obligation is 
uncertain and even its maximum duration is unascertainable; 
4. If the time for the performance of the obligation has arrived. 
(2) In the case of Subparagraph 4 of the preceding Paragraph, no time granted 
by the obligee to the principal obligor after the conclusion of the contract of 
suretyship can be set up against the surety. 
Article 443 Demand for Discharge by the Principal Obligor 
Where a principal obligor indemnifies the surety in accordance with the 
provisions of the preceding Article, he may demand of the surety to discharge 
the obligation for. him or request of the surety to furnish security, or he may 
relieve himself of his liability of indemnification by making a deposit of the 
amount indemnification, furnishing security or procuring a discharge of the 
surety. 
Article 444 Right of Reimbursement of the Nonfiduciary Surety 
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(1) In case a person who has become surety without the request of the principal 
obligor, has performed the obligation or has otherwise, at his own expense, 
procured the discharge of the principal obligor, the latter is liable to indemnify 
the surety to the extent that he was enriched as of the time of discharge. 
(2) In case a person has become surety against the will of the principal obligor, 
has performed the obligation or has otherwise at his own expense procured the 
discharge of the principal obligor, the latter is liable to indemnify the surety only 
to the extent that the latter is still being enriched. 
(3) If, in the preceding Paragraph, the principal obligor claims that he had, prior 
to the demand for indemnification, a good cause for set-off against the obligee, 
the obligation, which would have been extinguished by such set-off, shall be 
transferred to the surety. 
Article 445 Notice as Requisite for Reimbursement 
(1) Where a surety has, without notifying the principal obligor, performed or 
otherwise procured a discharge of the principal obligation at his own expense, 
and the principal obligor had a defense available against the obligee, he may 
set it up against the surety, and in case the defense so set up is a set-off, the 
claim which would be extinguished by the set-off shall be transferred to the 
surety. 
(2) Where a surety has not notified the principal obligor that he had performed 
the obligation or otherwise procured at his own expense a discharge, and the 
principal obligor has in good faith effected performance to the obligee or 
otherwise procured a discharge for value, the principal obligor may treat his act 
of discharge as effective. 
Article 446 Duty of Notification to the Surety of the Principal Obligor 
Where the principal obligor has not notified the person who has become a 
surety at the request of the principal obligor that he has obtained a discharge by 
his own act, and the surety has in good faith effected performance to the 
obligee or otherwise has procured a discharge for value, the surety may treat 
his act of discharge as effective. 
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Article 447 Right of Reimbursement of a Person Who has become Surety for 
One of the Obligors Jointly and Severally Liable or of an Indivisible Obligation 
A person who has become surety for one of the obligors jointly and severally 
liable or of an indivisible obligation is entitled to indemnify from the other 
obligors only in proportion to their respective shares. 
Article 448 Right of Reimbursement among the Co-sureties 
(1) Where there are several sureties, one of whom has effected performance in 
excess of his share, the provisions of Article 444 shall apply mutatis mutandis. 
(2) Where the principal obligation is indivisible or each surety has assumed the 
obligation of which they are jointly and severally liable to each other or with the 
principal obligor, and one of the sureties has effected performance in excess of 
his share, the provisions of Articles 425 to 427 shall apply mutatis mutandis. 
SECTION 4 Assignment of Claim 
Article 449 Assignment of Claim 
(1) A claim may be assigned, unless its nature does not so permit. 
(2) Where the parties have declared a contrary intention, a claim shall not be 
assigned; such declaration of intention, however, cannot be set up against a 
bona fide third person 
Article 450 Requisite for Setting up Assignment of a Nominative Claim against 
Obligor 
(1) The assignment of a nominative claim cannot be set up against the obligor 
or any other third person, unless the assigner has given notice thereof to obligor 
or the obligor has consented thereto. 
(2) The notice or consent mentioned in the preceding Paragraph cannot be set 
up against a third person other than the obligor, unless it is put in writing with a 
fixed date. 
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Article 451 Effect of Consent or Notice 
(1) If the obligor has given his consent as mentioned in the preceding Article 
without reservation, he cannot set up against the assignee any defense that he 
could have set up against the assignor; however, if the obligor has paid 
anything to the assignor by way of a discharge, he may recover it, and if he had 
incurred a new obligation, he may treat it as if it had not been incurred. 
(2) Where the assignor has merely given notice of the assignment, the debtor 
may set up against the assignee any defense which has arisen against the 
assignor prior to the receipt of the notice. 
Article 452 Notice of Assignment and Estoppel 
(1) If an assignor has given notice of assignment of a claim to the obligor, even 
in cases where assignment has not been made or the assignment is null and 
void, a bona fide obligor may set up a defense which can set up against the 
assignee, against the assignor. 
(2) The notice mentioned in the preceding Paragraph cannot be rescinded 
(cancelled) without the consent of the assignee. 
SECTION 5 Assumption of Obligation 
Article 453 Assumption of Obligation by Contract with the Obligee 
(1) A third person may assume an obligation by contract entered into with the 
obligee and thereby discharge the obligation for the obligor, unless its nature 
does not so permit. 
(2) A third person who has no interest in the obligation cannot assume an 
obligation against. the will of the obligor. 
Article 454 Assumption of Obligation by Contract with the Obligor 
(1) Where a third person has taken over a debt by contract entered with the 
obligor, it shall be effective as from the time when the obligee has given consent 
thereto. 
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(2) The other party to whom the obligee's consent or refusal shall have effect 
upon, shall be the obligor or a third person. 
Article 455 Notification of Whether to Consent or not 
(1) In the case of the preceding Article the third person or the obligor may 
request the obligee to answer whether he will consent or not within a 
reasonably fixed time. 
(2) If the obligee has not sent an answer within such reasonable time, 
specifying whether to consent or not, it shall be deemed as a refusal. 
Article 456 Withdrawal or Change of an Assumption of obligation 
The parties may withdraw or change the assumption of an obligation according 
to a contract between a third person and the obliger by the time of the obligee's 
consent. 
Article 457 Retroactive Effect of Assumption of Obligation 
The consent of the assumption of the obligation by the obligee shall, if there 
exists no different declaration of intention, be effective retroactively as from the 
time of such assumption. But the retroactive effect may not affect the rights of a 
third person. 
Article 458 The Ground for Defense of the Preceding Obligor 
A person assuming an obligation may set up a defense against the obligee 
which the preceding obligor could have set up. 
Article 459 Assumption of Obligation and Extinguishment of Suretyship or 
Security 
A suretyship for the obligation of the preceding obligor or the security furnished 
by a third person shall be extinguished by virtue of assumption of the obligation, 
unless the surety or the third person has given consent thereto. 
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SECTION 6 Extinction of Claim 
Sub-Section 1 Performance 
Article 460 Method of Tender of Performance 
Performance must be effected by way of actual tender in strict accordance with 
the tenor of the obligation; but in cases where the obligee previously refused its 
acceptance or where an act of the obligee is required for the performance of the 
obligation, it shall be sufficient to notify the obligee that all preparations have 
been made for performance. 
Article 461 Effect of a Tender of Performance 
A tender of performance shall relieve the obligor from responsibility for non­
performance as from the time of such tender. 
Article 462 Delivery of a Specific Thing in its Existing Condition 
If the delivery of a specific thing is the subject of the obligation, the obligor must 
deliver the thing in the condition in which it exists at the time when the delivery 
thereof is due. 
Article 463 Delivery of a Thing Belonging to Another as Performance of an 
Obligation 
An obliger who has delivered a thing belonging another by way of performance 
of an obligation cannot apply to recover it, unless he effects a valid performance 
anew. 
Article 464 Delivery of a Thing by its Owner Who has No Capacity to Dispose 
of It 
Where the owner of a thing who has no capacity to dispose of it has delivered it 
by way of performance, and has then avoided such performance, he cannot 
request to recover such thing unless he effects a valid performance anew. 
Article 465 Consumption or Assignment in Good Faith by the Obligee and the 
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(1) If, in the cases mentioned in the preceding two Articles, the obligee has 
consumed or disposed in good faith of the thing which he had received by way 
of performance, the performance shall be effective. 
(2) If, in the cases of the preceding Paragraph the obligee has been called upon 
by a third person to pay damages, he may exercise the right to make 
reimbursement from the obligor. 
Article 466 Substituted Performance 
Where an obligor has, with the consent of the obligee, done an act of 
performance different from and in substitution for the one originally called for, 
such act shall be deemed a good performance. 
Article 467 Place of Performance 
(1) If the place of performance has not been decided by the nature of the 
obligation or declaration of intention of the parties, the delivery of a specific 
thing must be made at the place where the thing existed when the obligation 
arose. 
(2) In the cases of the preceding Paragraph, performance of the obligation other 
than the delivery of a specific thing must be effected at the permanent 
residence of the obligee; but the performance of the obligation in regard to the 
business shall be effected at the office of the obligee. 
Article 468 Performance Prior to the Time for Performance 
In the absence of a contrary agreement, the obligor may effect performance 
even prior to the time when performance becomes due; but he must repair the 
damages of the other party. 
Article 469 Performance by a Third Person 
(1) The performance of an obligation may be effected by a third person; but if its 
nature does not so permit or the parties have declared a contrary intention, this 
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shall not apply. 
(2) A third person who has no interest in the obligation cannot effect 
performance against the will of the obligor. 
Article 470 Performance to a Quasi-Possessor of the Claim 
A performance made to a quasi-possessor of the claim is effective only if it was 
done in good faith and without fault. 
Article 471 Performance to the Bearer of a Receipt 
A performance made to the bearer of a receipt shall be effective even where he 
is not authorized to accept performance; but this shall not apply to cases where 
the person effecting performance was aware or should have been aware of the 
fact that the bearer had not such authority. 
Article 472 Performance to Unauthorized Person 
Except in the case mentioned in the preceding two Articles, a performance 
made to a person who is not authorized to accept it is effective only to the 
extent that the obligee has been enriched thereby. 
Article 473 Charge of the Expenses of Performance 
In the absence of a special agreement, the expenses of performance shall be 
borne by the obligor; but in cases where the expenses of performance is 
increased by changing the obligee's permanent residence or by his any other 
act, the amount of such increase shall be borne by the obligee. 
Article 474 Claim of a Receipt 
A person effecting performance may demand a receipt from the person 
accepting the performance. 
Article 475 Claim of Restitution of a Document Evidencing the Obligation 
If there exists a document evidencing the obligation, the person effecting 
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performance in full may demand the return (restitution) of such document; this 
shall apply in cases where the obligation has been extinguished in full by any 
cause other than performance. 
Article 476 Designated Appropriation of Performance 
(1) If where an obligor owes to the same obligee several obligations whose 
effect is of the same kind, the tender of performance by way of discharge is 
insufficient to satisfy them all, the person effecting performance may, at the time 
of performance, designate the obligation to which it shall be appropriated. 
(2) If the person effecting performance makes no such designation as 
mentioned in the preceding Paragraph, the person accepting the performance 
may at the time of acceptance designate an obligation to which it shall be 
appropriated; however, this shall not apply if the person effecting performance 
immediately objects to such designation and appropriation. 
(3) The appropriation of performance mentioned in the preceding two 
Paragraphs shall be effected by a declaration of intention made to the other 
party. 
Article 477 Constructive Appropriation of Performance by law 
If the parties have not designated the obligation to which performance shall be 
appropriated, it shall be done in accordance with the provisions of the following: 
1. If some of the obligation are due and others are not due, it shall be 
appropriated to the performance of the obligation which is due; 
2. If all the obligations are due or all are not due, it shall be 
appropriated to the performance of the obligation the discharge of which is 
most advantageous to the obligor; 
3. If the advantage to the obligor is equal, it shall be appropriated to the 
performance of .the obligation which first became due or will become due; 
4. If the facts mentioned in the preceding two Subparagraphs are equal, it 
shall be appropriated to the performance of each obligation in proportion to 
the amount of each obligation. 
Article 478 Appropriation of Insufficient Performance 
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The provisions of the preceding two Articles shall apply with necessary 
modification to cases where two or more acts of performance are necessary for 
the discharge of one obligation and those acts of performance which have been 
effected are insufficient to satisfy the entire obligation. 
Article 479 Order of Appropriation of Performance to the Expenses, the 
Interest and the Principal Obligation 
(1) If the obligor is to pay expenses and interest of one or more obligations, and 
the person effecting performance has effected insufficient performance to 
satisfy the entire obligation, such performance shall be appropriated in the order 
of the expenses, the interest and the principal. 
(2) The provision of Article 477 shall apply mutatis mutandis to the case 
mentioned in the preceding Paragraph. 
Article 480 Voluntary Subrogation by the Person Who has Performed an 
. Obligation 
(1) A person who has performed an obligation on behalf of the obligor may be 
subrogated to the rights of the obligee with the consent of the latter which 
should be obtained simultaneously with the performance. 
(2) The Articles 450 to 452 inclusive shall apply mutatis mutandis to the case 
mentioned in the preceding Paragraph. 
Article 481 Constructive Subrogation by Law of the Person Who has 
Performed an Obligation 
A person who has a legitimate interest to effect performance shall be by 
operation of law subrogated to the rights of the obligee by effecting the 
performance. 
Article 482 Effect of the Subrogation by the Person Who has Performed an 
Obligation, Relations among the Subrogators 
(1) A person who has been subrogated to the rights of the obligee in 
accordance with the provisions of the preceding two Articles may exercise the 
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claim and the right in respect to its security to the extent to which he may 
reimburse himself by virtue of his own right. 
(2) The exercise of the right mentioned in the preceding Paragraph shall be 
subject to the provisions of the following: 
1. A surety cannot be subrogated to the rights of the obligee as against the 
purchaser of the right on a leased or mortgaged thing unless the subrogation 
has been entered in advance against the registration of the lease right or the 
mortgage. 
2. A third person who is a purchaser cannot be subrogated to the rights of the 
obligee as against a surety. 
3. One of the several purchasers may be subrogated to the rights of the 
obligee as against the other purchasers in proportion to the value of each 
immovable property. 
4. The provisions of the preceding Subparagraph 3 shall apply mutatis 
mutandis to the case where there are several persons who have furnished their 
own property as security for the obligation of another. 
5. As between a person who has furnished his own property as security for 
the obligation of another and surety, subrogation to the rights of the obligee 
shall take place per capita; if, however, there are several persons who have 
furnished their own property as security for the obligation of another, the 
subrogation shall take place in respect of the balance by the surety, and in 
proportion to the value of each property. If in the case mentioned above the 
property is an immovable, the provision of Subparagraph 1 shall apply mutatis 
mutandis. 
Article 483 Partial Subrogation 
(1) Where a person has performed a part of the obligation on behalf of the 
obligor by subrogation, he may exercise his right concurrently with the obligee 
in proportion to the value of the performance effected by him. 
(2) In the case mentioned in the preceding Paragraph the rescission or 
cancellation of contract by reason of non-performance must be done by the 
obligee only, must reimburse the person subrogated for the value of the 
performance effected and he by the latter together with the interest thereon. 
Article 484 Subrogation and Documents relating to the Obligation, Security 
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(1) An obligee who has obtained full satisfaction by performance by subrogation 
must deliver to the subrogee all the documents relating to the obligation and 
thing held in possession as security. 
(2) Where performance by subrogation has taken place in respect of a part of 
the obligation, the obligee must enter the fact of subrogation in the documents 
relating to the obligation and must allow the subrogee to supervise the 
preservation of the thing held in his possession as security. 
Article 485 Loss or Diminution of Security by the Obligee and Discharge of a 
Person Who has the Right of Subrogation 
Where there is a person entitled to the rights of subrogation in accordance with 
the provisions of Article 481 and the security is lost or diminished by the 
obligee's intention or negligence, such person shall be relieved of his liability in 
so far as it has become impossible for him to reimburse himself by reason of the 
loss or diminution. 
Article 486 Extinguishment of an Obligation Otherwise than by Means of 
Performance and Subrogation 
The provisions of the preceding six Articles shall apply mutatis mutandis to the 
case where a third person has made the obligor's obligation to be extinguished 
by the deposit or at his own expenses. 
Sub-section 2 Deposit 
Article 487 Requisite and Effect of Deposit for Performance 
If the obligee refuses to accept performance or is unable to accept it, the obligor 
may relieve himself of his obligee. The same shall apply where the obligee 
cannot be ascertained without any fault on the part of the obligor. 
Article 488 Method of Deposit 
(1) The deposit must be made with the Deposit Office in the place for the 
performance of the obligation. 
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(2) If there is no special provisions of law in respect of the Deposit Office, the 
court must, on the application of the person effecting performance, designate a 
Deposit Office and appoint a custodian of the thing deposited. 
(3) The depositor must without delay give notice of the deposit to the obligee. 
Article 489 Withdrawal of Thing Deposited 
(1) So long as the obligee has given his consent to the deposit or has been 
notified to receive the thing deposited in the Deposit Office or a judgment 
declaring the deposit effective has become final and binding, the depositor may 
recover the thing deposited and in such case the deposit is deemed not to have 
been made. 
(2) The provisions of the preceding Paragraph shall not apply where a pledge or 
a mortgage has been extinguished by making a deposit. 
Article 490 Deposit of Proceeds 
If the subject-matter of performance is unfit for deposit, or there is danger of its 
perishing or being damage, or excessive expense is required for deposit, the 
person effecting performance may, with the permission of the court, sell the 
subject matter by official auction or for value at the market price and deposit the 
proceeds. 
Article 491 Acceptance of the Thing Deposited and Performance of Reciprocal 
Obligations 
Where the obligee is to make a counter performance against the performance 
of the obligor, the former cannot take delivery of the thing deposited unless he 
effects his performance. 
Sub-section 3 Set-off 
Article 492 Requisite for Set-off 
(1) If two persons are bound to each other by obligations whose SUbject-matters 
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are of the same kind and both of which have become due, each obligor may 
make a set-off to the extent of the amount corresponding to that of his 
obligation; except, however, where the nature of the obligations does not so 
permit. 
(2) The provisions of the preceding Paragraph shall not apply to cases where 
the parties have declared an intention to the contrary; but such declaration of 
intention cannot be so set up against a bona fide third person. 
Article 493 Method and Effect of Set-off 
(1) A set-off shall be effected by means of a declaration of intention to the other 
party; but no condition may be attached, nor a time be fixed, to such declaration 
of intention. 
(2) The declaration of intention for a set-off shall be presumed to be 
extinguished in respect to the same amount at the time when each obligation 
can be effected as a set-off. 
Article 494 Set-off of Obligations Which are to Be Performed at Different 
Places 
A set-off may be effected even where each obligation is to be performed at 
different places; but the party who effects the set-off must compensate the other 
party for any damages which have arisen therefrom. 
Article 495 A set-off by the Claim with Completed Extinctive Prescription 
A claim with completed negative prescription may be used for a set-off, if it had 
been able to use therefor prior to the completion of prescription. 
Article 496 Prohibition of Set-off against the Obligation Arisen from an 
Intentional Unlawful Act 
Where the obligation has arisen from an intentional unlawful act, the obligor 
cannot avail himself of a set-off against the obligee. 
Article 497 Prohibition of Set-off against the Obligation of Which Attachment 
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If the claim is one of which an attachment cannot be effected, the obligor cannot 
avail himself of a set-off against the obligee. 
Article 498 Prohibition of Set-off against the Obligation under Garnishment 
Order 
A third debtor under garnishment order cannot avail himself of a set-off as 
against the garnishee with a claim subsequently acquired by him against his 
creditor. 
Article 499 Provisions to be Applied Mutatis Mutandis 
The provisions of Articles 476 to 479 inclusive shall apply mutatis mutandis to a 
set-off. 
Sub-section 4 Novation 
Article 500 Requisite for and Effect of a Novation 
If the parties have entered into a contract by which the essential elements of the 
obligation are modified, such obligation shall be extinguished by novation. 
Article 501 A Novation by Change of an Obligor 
A novation by change of an obligor may be effected by a contract between the 
obligee and the new obligor, but not against the will of the original obligor. 
Article 502 A Novation by Change of an Obligee 
A novation by change of an obligee cannot be set up against a third person, 
unless it is done by a document with a fixed date. 
Article 503 A Novation Changing an Obligee and Effect of the Consent of the 
Obligor 
The provisions of Article 451, Paragraph (1) shall apply mutatis mutandis to a 
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novation by change of an obligee. 
Article 504 Case of Non-extinguishment of the Original Obligation 
If the new obligation arisen from a novation does not become effective or has 
been avoided by reason of its illegality or of any circumstance of which the 
parties were not aware, the original obligation shall not be extinguished. 
Article 505 Transfer to the New Obligation of the Security 
The parties to a novation may transfer to the new obligation the security of the 
original security; but if the security has been furnished by a third person, his 
consent must be obtained. 
Sub-Section 5 Release 
Article 506 Requisite for and Effect of Release 
If the obligee declares to the obligor an intention to release the obligor from the 
obligation, such obligation shall be extinguished; but a release cannot be set up 
against a third person who has a reasonable interest. 
Sub-section 6 Merger 
Article 507 Requisite for and Effect of Merger 
If a claim and the corresponding obligation become vested in one and the same 
person, the right shall be extinguished; but this shall not apply if such right is 
subject to a right of a third person. 
Sub-section 7 Debts Payable to Order 
Article 508 Form of Assignment of a Debt Payable to Order 
A debt payable to order may be assigned according to the form of delivery to 
the assignee of the instrument in which an endorsement has been made. 
Article 509 Endorsement to Party Liable on Instrument (Reissue) 
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(1) A debt payable to order may be assigned even to its obligor by means of 
endorsement. 
(2) An obligor who has been assigned the debt payable to order by means of 
endorsement may again it by means of endorsement (re-endorsement). 
Article 510 Form of Endorsement 
(1) An endorsement must be written on the instrument or on a slip affixed 
thereto and the endorser must sign and seal it. 
(2) The endorsement may be made by means of leaving the endorsee 
unspecified, and it may be made by means of simply a signature of the 
endorser or the name of an endorser, verified by the seal-impression of the 
endorser. 
Article 511 Form of Disposition of an Informal Endorsement) 
If an endorsement has been made in an informal way according to Paragraph 
(2) of the preceding Article, the holder may dispose of it in the form of each 
following Subparagraphs. 
1. His own name or the name of some other person may be written as an 
endorsee; 
2. An endorsement may again be made on the instrument in an informal way 
or by means of indicating some other person as an endorsee; 
3. The instrument may be assigned by means of delivering it to a third person 
without indicating the endorsee, and without endorsing it. 
Article 512 Effect of an Endorsement "to Bearer" 
An endorsement payable to bearer is equivalent to an informal endorsement. 
Article 513 Conferment of Qualification by an Endorsement 
(1) The possessor of an instrument is deemed to be the lawful holder if he 
establishes his title to the instrument through an uninterrupted series of 
endorsements. The same shall apply even if the last endorsement is in an 
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informal way. 
(2) If an informal endorsement is followed by another endorsement, the 
endorser of this last endorsement is deemed to have acquired the instrument by 
the informal endorsement. 
(3) Cancelled endorsements are deemed as absence of writing in regard to the 
continuance of the endorsement. 
Article 514 Conferment of Qualification by an Endorsement-a bona fide 
Purchase 
No person can require the lawful holder of an instrument to return it. However, 
this shall not apply, if, when the holder acquired it, he was aware that the 
assignor did not have title, or was not aware of it owing to gross negligence. 
Article 515 An Endorsement of Transfer and Plea in Gross Negligence 
(PersonaIDefence) 
The debtor of a debt payable to order cannot set up against the holder defences 
relating to his personal relations with the previous person of the holder; but this 
shall not apply, if the holder has knowingly acquired the debt payable to order to 
the detriment of the debtor. 
Article 516 Place of Performance 
If the place of performance is not determined by the instrument, the present 
place of business of the obligor shall be the present permanent residence shall 
be the place of performance. 
Article 517 Presentation of the Instrument and the Delay of Performance 
Even in cases where the time for performance is determined by the instrument, 
the obligor shall be in default only when the holder has presented the 
instrument and demanded performance after the time for performance has 
commenced. 
Article 518 Right and Duty of the Debtor to Verity 
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The debtor is bound to examine the continuance of the endorsement, and he 
has the right, but is not under any duty, to examine the genuineness of the 
signature or seal of the endorser, or the identity of the holder; but if, when the 
debtor effected payment, he was aware that the holder is not the person having 
the right or fails to know it owing to gross negligence, the payment shall be null 
and void. 
Article 519 Performance and the Delivery of the Instrument 
The debtor is bound to effect performance only in exchange for the instrument. 
Article 520 The Claim to Subscribe Receipt of Instrument 
(1) The debtor, when he effects performance, may require the holder to 
subscribe the receipt thereof and to certify it in the instrument. 
(2) In case of partial payment, if the debtor requires, the obligee is bound to 
make mention of this payment on the instrument. 
Article 521 Lapse of the Instrument by the Procedure of the Public Peremptory 
Notice 
The instrument which has been lost, or has become separated from the 
possession of the holder may be voidable by the procedure of the public 
peremptory notice. 
Article 522 Deposit or Performance by the Procedure of the Public Peremptory 
Notice 
When there exists a cause for application for a public peremptory notice, it may 
cause the obligor to deposit the subject-matter of the obligation and it may 
cause the obligor to effect performance, if the holder furnishes adequate 
security. 
Sub-section 8 Debts Payable to Bearer 
Article 523 Form of Assignment of a Debt Payable to Bearer 
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A debt payable to bearer shall be effective as an assignment by delivering the 
instrument to the assignee. 
Article 524 Provisions to be Applied mutatis mutandis 
The provisions of Articles 514 to 522 inclusive shall be applied mutatis mutandis 
to a debt payable to bearer. 
Article 525 A Debt Payable to the Named Obligee or to Bearer 
The instrument in which the obligee is named with an additional statement that 
the payment is to be made to the holder, is equivalent to the debt payable to 
bearer. 
Article 526 A Discharge (Prielege) Instrument 
The provisions of Articles 516, 517 and 520 shall be applied mutatis mutandis to 
the instrument issued by the obligor in order to escape from the responsibility by 
means of effecting performance to the holder of the instrument. 
CHAPTERII CONTRACT 
SECTION 1 General Rules 
Sub-section 1 Formation of Contract 
Article 527 Binding Force of an Offer of a Contract 
An offer of a contract may not be withdrawn. 
Article 528 An Offer of a Contract Specifying a Period for Acceptance 
(1) An offer of a contract specifying a period for acceptance shall loss its effect, 
if the offerer does not receive a notice of acceptance within the period specified. 
(2) In case a notice of acceptance had arrived after the expiration of the period 
mentioned in the preceding Article, if it was dispatched at such a time that under 
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normal circumstances it would have arrived within such period, the offerer shall 
dispatch without delay to the other party a notice of the delayed arrival. 
However, this shall not apply in cases where a notice of the delay has already 
been dispatched by the offerer before its arrival. 
(3) If the offerer has neglected to give the notice mentioned in the preceding 
Paragraph, the notice of acceptance shall be deemed not to have been delayed. 
Article 529 An Offer of a Contract not Specifying a Period for Acceptance 
An offer of a contract which does not specify a period for acceptance loses its 
effect, if the offerer does not receive a notice of acceptance within a reasonable 
period. 
Article 530 Effect of a Delayed Acceptance 
The offerer may treat a delayed acceptance as a new offer in the cases of the 
preceding two (2) Articles. 
Article 531 Time when a Contract inter absentes Comes into Existence 
A contract inter absentes shall come into existence at the time when a notice of 
acceptance is dispatched. 
Article 532 Formation of Contract by the Realization of Intention 
In case where no notice of acceptance is necessary either by reason of a 
declaration of intention to that effect by the offerer or by reason of custom, the 
contract shall come into existence upon the occurrence of an event which may 
be taken as a declaration of intention to accept. 
Article 533 Crossed Offer 
Where offers of the same content, submitted between two parties, cross each 
other enroute, the contract shall come into existence at the time when each of 
the two offers has reached each other party. 
Article 534 Acceptance with Modification 
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If the offerer has accepted an offer but subject to a condition or with any other 
modification, he shall be deemed to have rejected the original offer and thereby 
simultaneously made a new offer. 
Article 535 Culpa in Contrabendo 
(1) In case the objective of a contract is unattainable and the contract is 
concluded, a party to the contract who was aware of, or should have been 
aware of such unattainability, shall be liable for damages suffered by the other 
party who relied upon the contract as valid. However, the amount of damages to 
be recovered may not exceed the profit which have accrued, if the contract was 
valid. 
(2) The provisions of the preceding Paragraph shall not apply in cases where 
the other party was aware of or could have been aware of such unattainability. 
Sub-section 2 Effect of Contract 
Article 536 Exceptio non adimpleti contractus 
(1) One of the parties to a bilateral contract may refuse performance of his 
own obligation until the other party tenders performance of his obligation. 
However, this shall not apply where the obligation of the other party is not due. 
(2) If one of the parties to a contract is bound to tender performance of his own 
obligation first to the other party, and if there is any significant cause existing by 
which the other party's performance becomes difficult, the main stipulation of 
the preceding Article shall apply. 
Article 537 Obligor's Burden to Bear the Risk 
If the performance of an obligation of one of the parties to a bilateral contract 
becomes impossible by any cause for which neither of the parties is responsible, 
the obligor may not be entitled to counter-performance. 
Article 538 Impossibility of Performance due to the Cause for Which Obligee is 
Responsible 
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(1) If the performance of an obligation of one of the parties to a bilateral contract 
becomes impossible by any cause for which the obligee is responsible, the 
obligor may demand counter-performance. The same applies to cases where 
performance becomes impossible by any cause for which neither of the parties 
is responsible in the case of mora creditors. 
(2) In the cases of the preceding Paragraph if the obligor has received any 
benefit by being relieved of his own obligation, he shall return such benefit to 
the obligee. 
Article 539 Contract in Favour of a Third Person 
(1) Where a party to a contract has agreed therein to effect an act of 
performance in favour of a third person, the person may demand such act of 
performance directly from the obligor. 
(2) In the case of the preceding Paragraph the right of the third person shall 
come into existence as from the time when he declares to the obligor his 
intention to accept the benefit of the contract. 
Article 540 Obligor's Right to Demand Third Person's Answer 
In the case of the preceding Article the obligor may, by designating a 
reasonable period, demand the third person to answer whether he will receive 
and enjoy the benefit stipulated in the contract. If the obligor has not received a 
definite answer from the third person within such period, it shall be deemed that 
the third person has refused to receive the benefit stipulated in the contract. 
Article 541 Establishment of Third Person's Right 
The right of the third person which has come into existence in accordance with 
the provisions of Article 539, shall not be altered or extinguished by the parties. 
Article 542 Obligor's Right to Defend 
Defences incidental to the contract mentioned in Article 539 may be set up by 
the obligor against the third person who is to receive the benefit of the contract. 
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Sub-section 3 Rescission for the Future and Rescission of Contract 
Article 543 Right of Rescission for the Future or of Rescission 
(1) If one of the parties or both parties have a future right of rescission, or the 
immediate right of rescission, either right of rescission shall be effected by a 
declaration of intention made to the other party. 
(2) The declaration of intention mentioned in the preceding Paragraph may not 
be withdrawn. 
Article 544 Delay of Performance and Rescission 
If one of the parties does not perform his obligation, the other party may fix a 
reasonable period and demand its performance, and may rescind the contract, 
if no performance is effected within such period. However, if the obligor declares 
in advance his intention that he will not effect such performance, no demand 
shall be required. 
Article 545 Periodic Acts and Rescission 
If, according to the nature of the contract or by a declaration of intention of the 
parties, the objective for which the contract has been entered is unattainable 
unless it is performed at a designated time and date or within a designated 
period, and one of parties has not effected performance on his part, the other 
party may without making a demand mentioned in the preceding Article rescind 
the contract. 
Article 546 Impossibility of Fulfilment and Rescission 
If performance has become impossible for any cause for which the obligor is 
responsible, the obligee may rescind the contract. 
Article 547 Indivisibility of Right of Rescission for the Future or of 
Rescission 
(1) Where there are several persons as parties to each side of a contract, a 
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future right of rescission or an immediate right of rescission of the contract may 
only be effected by or against all of them. 
(2) If in the case mentioned in the preceding Paragraph the right of future or 
immediate rescission has lapsed against one of the parties, it shall also lapse 
as against the others. 
Article 548 Effect of Rescission and restitutio naturalis 
(1) If one of the parties has rescinded the contract, the other party shall be liable 
to restore the former to his original position. However, the rights of third persons 
shall not be prejudiced thereby. 
(2) Interest shall be paid upon any money to be repaid in the case mentioned in 
the preceding Paragraph as from the day on which such money has been 
received. 
Article 549 Restitutio naturalis and Concurrent Fulfilment 
The provisions of Article 536 shall apply mutatis mutandis to the case 
mentioned in the preceding Article. 
Article 550 Effect of Rescission for the Future 
If one of the parties rescinds a contract for the future, the contract shall lose its 
effect for the future. 
Article 551 Rescission for the Future or Rescission and Claims for Damages 
Rescission for the future or rescission of a contract shall not effect any claim for 
damages. 
Article 552 Right of Demand as to Whether the Other Party Exercises the 
Right of Rescission or not 
(1) If no period is fixed for the exercise of a right of rescission, the other party 
may demand of the person entitled to rescission to make a definite answer by 
fixing a reasonable period as to whether he rescinds the contract or not. 
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(2) If no notice of rescission has been received within the period mentioned in 
the preceding Paragraph, the right of rescission shall lapse. 
Article 553 Extinction of Right of Rescission due to Injury, etc. 
If a person entitled to a right of rescission has by his wilful act or negligence 
materially damaged the subject-matter of the contract, or has become unable to 
return it, or has caused it to be converted into another object by processing or 
alterating it, the right of rescission shall be extinguished. 
SECTION 2 Gift 
Article 554 Meaning of Contract of Gift 
A contract of gift shall become effective when one of the parties declares his 
intention gratuitously to transfer property of his own to the other party and the 
other party agrees to accept it. 
Article 555 Contract of Gift not in Writing and its Rescission 
A contract of gift which is not in writing may be rescinded by either party. 
Article 556 Acts of Donee and Rescission of Contract of Gift 
(1) The donor may rescind a contract of gift in favor of the donee for the 
reasons as prescribed in the following Subparagraph: 
1. If the donee has committed an act of crime against the donor, his or her 
spouse or lineal relatives by blood; 
2. Where the donee is under duty to support the donor, but does not perform 
this duty. 
(2) The right of rescission mentioned in the preceding Paragraph shall be 
extinguished after the lapse of six (6) months from the day on which any cause 
of rescission has occurred or from the time when the donor has declared an 
intention of acquiescence. 
Article 557 Change of the Donor's Property Status and Rescission of Contract 
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The donor may rescind a contract of gift, if after the conclusion of a contract of 
gift the donor's property status has been adversely changed and the donor's 
living has become gravely effected by the performance of contract of gift. 
Article 558 Rescission and Portion to Which Performance of Contract has 
been Completed 
Rescission of contract of gift in accordance with the provisions of the preceding 
three (3) Articles shall not have any effect in respect of any portion as to which 
performance has been completed. 
Article 559 Donor's Liability for Warranty 
(1) A donor shall not be liable for any defect or deficiency in the thing or right 
which forms the subject of his gift. However, this shall not apply to cases where 
he was aware of such defect or deficiency and has nevertheless failed to inform 
the donee thereof. 
(2) In respect of a gift subject to a charge, the donor shall assume the same 
liability in respect of warranty as that of a seller to the extent of such charge. 
Article 560 Gift for Periodical Performance and Lapse due to Death 
A contract of gift for periodic performance shall cease to be effective upon the 
death either of the donor or of the donee. 
Article 561 Gift subject to a Charge 
The provisions relating to bilateral contract shall apply to a gift subject to a 
charge, in addition to the provisions of this Section. 
Article 562 Gift Effective Upon Death 
The provisions relating to testamentary gifts shall be applicable mutatis 
mutandis to a contract of gift which is to become effective upon the death of the 
donor. 
126 IP/N/lIKOR/l 
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SECTION 3 Sale 
Sub-section 1 General Rules 
Article 563 Definition of Sale 
A sale shall become effective when one of the parties agrees to transfer a 
property right to the other party and the other party agrees to pay the purchase­
price to the former. 
Article 564 Unilateral Promise to Sell or Purchase 
(1) A unilateral promise to sell or purchase shall become effective as a sale 
from the time when the other party declares his intention to complete the sale. 
(2) Where no period is fixed for the declaration of intention mentioned in the 
preceding Paragraph, the person who has made a unilateral promise may give 
a notice to the other party to make a definite answer within a reasonably fixed 
period as to whether he will or will not complete the sale. 
(3) If the other party fails to give an answer within that period the unilateral 
promise shall become void. 
Article 565 Earnest Money 
(1) If one of the parties to a contract of sale has delivered at the time of entering 
into the contract, money or other things under the name of earnest money, 
assurance deposit, etc. to the other party, unless otherwise agreed upon 
between the parties, the deliverer of sale by giving up such money, and the 
receiver by repaying double such money, may dissolve such contract before 
one of the parties,has initiated to fulfill the contract. 
(2) The provisions of Article 551 shall not apply to the case mentioned in the 
preceding Paragraph. 
Article 566 Burden of Expenses Relating to a Contract of Sale 
127 IPINlllKORll 
Page 539 
The expenses relating to a contract of sale shall be borne by both parties in 
equal shares. 
Article 567 Mutatis Mutandis Application to Contract for Value 
The provisions of this section shall apply mutatis mutandis to contracts for value 
other than sales. However, this shall not apply in case where the nature of such 
contracts does not so admit. 
Sub-section 2 Effect of Sale 
Article 568 Effect of Sale 
(1) The seller shall transfer a right which has been made the object of a sale to 
the buyer, and the buyer shall pay the purchase-price to the seller. 
(2) The duties of both parties mentioned in the preceding Paragraph shall, 
unless there exist any specific agreement or custom, be performed concurrently 
by both parties. 
Article 569 Sale of a Right Belonging to Another Person 
In case where a right, which has been made the object of a sale, belongs to 
another person, the seller shall acquire such right and transfer it to the buyer. 
Article 570 Sale of a Right Belong to Another person-Seller's Liability for 
Warranty 
If in the case mentioned in the preceding Article the seller is unable, by 
acquiring the right he has sold, to transfer it to the buyer, the buyer may rescind 
the contract. However, if he was aware at the time the contract was made that 
the right did not belong to the seller, he may not claim damages. 
Article 571 Sale of a Right Belonging to Another Person-bona fide Seller's 
Liability for Warranty 
(1) If the seller was unaware at the time the contract was made that the right 
which has been made the object of a sale did not belong to him, and the seller 
128 IP/NI 1 IKORl 1 
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is unable, by acquiring the right he has sold, to transfer the right to the buyer, 
the seller may, paying damages suffered by the buyer, rescind the contract. 
(2) If, in the case of the preceding Paragraph, the buyer was aware at the time 
the contract was entered that the right did not belong to the seller, the seller 
may, by giving notice that he is unable to transfer the right to the buyer, dissolve 
the contract. 
Article 572 The Case Where Part of the Right Belongs to Another Person and 
the Seller's Liability for Warranty 
(1) If the seller is unable to acquire and transfer the right to the buyer by reason 
of the fact that a part of the right which forms the object of a sale belongs to 
another, the buyer may demand a reduction of the purchase-price in proportion 
to the part. 
(2) If in the case of the preceding Paragraph the buyer would not have bought 
the remaining part, had such alone been the object the sale, the buyer acting in 
good faith may cancel the contract. 
(3) The bona fide buyer may claim damages besides claiming for a reduction of 
the purchase-price or the dissolution of a contract. 
Article 573 Period during Which the Right Mentioned in the Preceding Article 
is to be Exercised 
The right mentioned in the preceding Article shall be exercised within one (1) 
year from the time when the buyer because aware of the fact, if the buyer was 
acting in good faith, and from the time when the contract was entered if the 
buyer was acting in bad faith. 
Article 574 Partial Shortage and Loss of the Items Sold and the Seller's 
Liability for Warranty 
The provisions of the preceding two (2) Article shall apply mutatis mutandis to 
the cases where the items sold by quantity shows a shortage or part of it had 
already been lost at the time when the contract was entered and the buyer was 
unaware of such shortage or loss. 
129 IPINIlIKORl1 
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Article 575 The Case Where Restricted Real Rights Exist in a Contract and 
the Seller's Liability for Warranty 
(1) Where the subject-matter of a sale is subject to a superficies, servitude, 
registered lease (chonsegwon),right of retention, or pledge and the buyer was 
unaware thereof, the buyer may rescind the contract only if the objective of the 
contract is not unattainable thereby. In other case the buyer may only claim 
damages. 
(2) The provisions of the preceding Paragraph shall apply mutatis mutandis to 
the cases where a servitude which has been represented as existing in favour 
of the immovable which is the subject of the sale does not exist or where a 
registered lease exists on such immovable. 
(3) The rights mentioned in the preceding two (2) Paragraphs shall be exercised 
within one (1) year from the time when the buyer became aware of the fact. 
Article 576 Exercise of a Right of Mortgage or Chonsegwon and the Seller's 
Liability for Warranty 
(1) If the buyer has been unable to acquire or has lost the ownership of the 
immovable which forms the subject of a sale by reason of the exercise or a right 
of mortgage or chonsegwon existing over such immovable, the buyer may 
rescind the contract. 
(2) In the cases of preceding Paragraph if the buyer has preserved the 
ownership at his own expense, he may demand reimbursement of such 
expense from the seller. 
(3) In cases mentioned in the preceding two Paragraphs buyer may recover 
damages he has sustained from the seller. 
Article 577 Sale of Superficies and Chonsegwon Which Forms the Subject of 
Mortgage and the Seller's Liability for Warranty 
The provisions of the preceding Article shall apply mutatis mutandis to the sale 
of superficies or chonsegwon which have been the subject of mortgage. 
130 IP/N/l/KORll 
Page 542 
Article 578 Compulsory Sale by Public Auction and the Seller's Liability for 
Warranty 
(1) In the case of a public auction, the successful bidder may in accordance with 
the provisions of the preceding eight Articles, either rescind the contract or 
demand a reduction of the purchase-price against the obligor. 
(2) In the case of the preceding Paragraph, if the obligor is under financial 
disability, the successful bidder may demand all or some of the proceeds of sale 
to return which the obligee have received as his portion of the proceeds of sale. 
(3) If in the cases of the preceding two Paragraphs the obligor was aware of any 
deficiency in the object or right sold and nevertheless failed to disclose it, or the 
obligee was aware of such deficiency and demanded a compulsory sale by 
public auction, the successful bidder may claim damages either from the obligor 
or obligee who was aware of such deficiency. 
Article 579 Sale of a Claim and the Seller's Liability for Warranty 
(1) If the seller of a claim warrants the solvency of the obligor, he is presumed to 
have warranted his solvency as at the time the contract was entered. 
(2) If the seller of a claim which is not yet due warrants the solvency of the 
obligor, he is presumed to have warranted his solvency at the time when the 
claim becomes due. 
Article 580 Seller's Liability for Warranty Against Defect 
(1) If any defects exist in the SUbject-matter of a sale, the provisions of Article 
575, Paragraph (1) shall apply mutatis mutandis. However, if the buyer was 
aware of or was not aware due to his negligence of any defects, this shall not 
apply. 
(2) The provisions of the preceding Paragraph shall not apply to the cases of 
compulsory sale by public auction. 
Article 581 Sale in Kind and the Seller's Liability for Warranty 
131 IP/NIlIKORJ 1 
Page 543 
(1) Even where the subject-matter of a sale has been specified in kind, if there 
exist any defects in the specified subject-matter, the provisions of the preceding 
Article shall apply mutatis mutandis. 
(2) In the cases of the preceding Paragraph, the buyer may demand the non­
defective item without rescinding a contract or claiming for damages. 
Article 582 Period during Which the Rights Mentioned in the Preceding Two 
Articles are to be Exercised 
The rights mentioned in the preceding two Articles shall be exercised by the 
buyer within six months from the time when he was aware such fact. 
Article 583 Liability for warranty and Concurrent Fulfilment 
The provisions of Article 536 shall apply mutatis mutandis to the cases of 
Articles 572 through 575,580 and 581. 
Article 584 Special Stipulation for Relief of Liability for Warranty 
Even where the seller has made a special stipulation that he is not liable in 
respect of the warranties mentioned in the preceding fifteen Articles, he may not 
be relieved of liability in respect of any fact of which he was aware and 
nevertheless failed to disclose or in respect of any right which he himself 
created in favour of, or assigned to, a third person. 
Article 585 Presumption of some Time-Limit 
If a time has been stipulated for the performance of duties of one party, the 
same time-limit shall also be presumed to have been stipulated for the other 
party's performance of duties. 
Article 586 Place of Payment 
If the purchase-price is to be paid in exchange with delivery of the subject­
matter of the sale, the payment shall be made at the place of delivery. 
132 IP/N/lIKORlI 
Page 544 
Article 587 Reversion of Fruits and Interest on the Purchase Price 
If subject-matter of a sale which has not yet been delivered produces fruits after 
a contract of sale has been entered, such fruits shall vest in the seller. The 
buyer shall pay interest on the purchase-price from the day of the delivery. 
However, if a time-limit has been stipulated for payment for the purchase-price, 
this rule shall not apply. 
Article 588 The Buyer's Right to Refuse Payment Where a Third Person 
Claims the Right 
If a third person claims a right over the subject-matter of the sale, and in 
consequence there is a danger of the buyer's losing what he has bought in 
whole or in part, he may refuse payment for the purchase-price within the limit 
of danger. However, this shall not apply when the seller furnishes adequate 
security. 
Article 589 Seller's Right to Demand the Buyer to Deposit the Purchase­
Money 
In the case of Article 588, the seller may demand the buyer to deposit the 
purchase-price. 
Sub-section 3 Redemption 
Article590 Definition of Redemption 
(1) If the seller reserves the right of redemption at the time of the contract of 
sale, the seller may redeem the object of a sale by returning the purchase­
money received and expenses relating to such sale which were borne by the 
buyer. 
(2) If any specific agreement concerning the redemption money has been made 
between the parties referred to in Paragraph (1), such agreement shall govern 
the matters concerning redemption money. 
(3) Unless a specific agreement has been made between the parties in the 
133 IP/NI 1 IKORll 
Page 545 
cases of Paragraphs (1) and (2), the fruits of the object of the sale and the 
interest on the purchase-price shall be deemed to have been set-off against 
each other. 
Article 591 Period for Redemption 
(1) Period for redemption shall not exceed five (5) years in the case of 
immovables, and in the case of movables three (3) years. If any period 
specifically agreed upon between the parties exceeds the period mentioned 
above, it shall be reduced to five (5) years in the case of immovables and three 
(3) years in the case of movables. 
(2) If a period for redemption has been once fixed, it may not subsequently be 
extended. 
(3) If no period for redemption has been designated, the period shall be five(5) 
years in the case of immovables and three (3) years in the case of movables. 
Article 592 Registration of the Right of Redemption 
If, where the object of a sale is immovables, the reservation of the right of 
redemption has been registered simultaneously with the registration of a sale, 
such registration shall be effective against the third persons. 
Article 593 Subrogative Exercise of the Right of Redemption and the Right of 
the Buyer 
Where a creditor of the seller desires to redeem the property in place of the 
seller, the buyer may extinguish the right of redemption by discharging the debt 
of the seller, up to the amount of balance remaining after the amount to be 
repaid by the seller has been deducted from the value of the object as assessed 
by an expert appointed by the court, and by paying the surplus, if any, to the 
seller. 
Article 594 Execution of Redemption 
(1) The seller shall lose the right of redemption, unless he tenders the 
purchase-price he received and the expenses relating to the sale, to the buyer 
134 IP/N/lIKORl1 
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within the specified period for redemption. 
(2) If the buyer or any subsequent purchaser has disbursed expenses in respect 
of the object of a sale, the seller shall reimburse the same in accordance with 
the provisions of Article 203. However, with respect to useful expenses the court 
may, upon the application of the seller, allow him a reasonable period. 
Article 595 Redemption of Common Share 
If, after one of the co-owners of the object of a sale, in which the right of 
redemption has been reserved, has sold his share, a partition or a sale by 
auction has taken place, the seller may exercise the right of redemption in 
respect of that part or the purchase-money which the buyer has received or is to 
receive. However, the buyer who has not give any notice upon the partition or a 
sale by public auction to the seller, may not set up against the seller therewith. 
SECTION 4 Contract of Exchange 
Article 596 Definition of Contract of Exchange 
A contract of exchange becomes effective when two (or more) parties agree to 
exchange any property right other than money. 
Article 597 Supplementary Disbursement of Money 
If one of the parties has agreed to transfer the property rights mentioned in 
Article 596 together with additional payment of money, the provisions relating to 
sale shall apply mutatis mutandis with respect to the money. 
SECTION 5 Loan for Consumption 
Article 598 Definition of Loan for Consumption 
A loan for consumption becomes effective when one of the parties agrees to 
transfer money or any other substitute to the other party, and the other party 
agrees to return the same amount of money or the same kind, quality, and 
quantity of any substitute therefor. 
135 IPINIlIKORl1 
Page 547 
Article 599 Bankruptcy and Invalidation of Loan for Consumption 
A loan for consumption shall cease to be effective, if one of the parties has 
been adjudged bankrupt before the lender deliver the object of the loan for 
consumption to the borrower. 
Article 600 Commencement of Computing Interest 
Computation of interest on a loan for consumption shall be commenced from 
the time when the borrower has received the object of a loan for consumption; 
and when the borrower has delayed receiving the delivery of the object for a 
reason for which the borrower is responsible, the computation of interest shall 
be commenced from the time when the lender has tendered the delivery of such 
object. 
Article 601 A Loan for Consumption Bearing No Interest and the Right of 
Rescission 
Either party to a loan for consumption bearing no interest may rescind the 
contract at any time before the object of a loan for consumption has been 
delivered to the borrower. However, if damages have been caused to the other 
party due to the rescission of the contract, the rescinding party shall be liable to 
make restitution for such damages. 
Article 602 Lender's Liability for Warranty 
(1) If any defect is found in the object of a loan for consumption with interest, 
the provisions of Articles 580 through 582 shall apply mutatis mutandis. 
(2) In the case of a loan for consumption without interest the borrower may 
return the value of the defective object. However, if the lender was aware of the 
defect and nevertheless failed to inform the borrower thereof, the provisions of 
Paragraph (1) shall apply mutatis mutandis. 
Article 603 Time to Return 
(1) The borrower shall return to the lender an object of the same kind, quality 
and quantity as the object borrowed at the time agreed upon by the parties. 
136 IP/N/IIKORll 
Page 548 
(2) If no time for the return has been appointed by the parties, the lender shall 
fix a reasonable period and then demand the return of the thing loaned. 
However, the borrower has the right to return the thing borrowed at any time. 
Article 604 Refundment by Market Price due to Impossibility of Return 
If it becomes impossible for the borrower to return an object of same kind, 
quality, and quantity as the borrowed one, he shall refund the value of the object 
at the current market price. However, this shall not apply to the cases 
mentioned in Article 376 and Article 377, Paragraph (2). 
Article 605 Quasi-Loan for Consumption 
In case both parties are liable to furnish money, or any other substitutes, not by 
a loan for consumption, if both parties agree to make the subject-matter the 
object of a loan for consumption, it becomes effective as a loan for consumption. 
Article 606 Loan by Substitutes 
If, in the case of pecuniary loans, the borrower accepts delivery of securities, or 
any other thing in place of money, the amount of the loan shall be the value of 
the object at the current price at the time of such delivery to the borrower. 
Article 607 Promise to Return by Substitutes 
If the borrower has promised to substitute any other property right in lieu of the 
borrowed object, the value of the substituted property shall not exceed the 
aggregate value ofthe original amount borrowed plus the interest thereon. 
Article 608 Prohibition of Agreement Prejudicial to the Borrower 
Any agreement entered by the parties, contrary to the provisions of the Articles 
606 and 607, which is prejudicial to the borrower is not valid even if claimed as 
a "redemption" or in any other legal remedy. 
SECTION 6 Loan for Use 
137 Article 609 Definition of Loan for Use IP/N/lIKORll 
Page 549 
A loan for use becomes effective when one of the parties agrees to deliver an 
object to another party for his gratuitous use, and the taking of profits therefrom, 
and the other party agrees to the condition that he will return such object after 
having (gratuitously) used and taken profits therefrom. 
Article 610 Borrower's Right to Use and Take Profits 
(1) The borrower shall use and take profits from the object in such a manner as 
is determined by the contract or by the nature of its sUbject-matter. 
(2) The borrower may not allow a third person to use or take profits from the 
object borrowed without the consent of the lender. 
(3) If the borrower has violated the provisions of Paragraphs (1) and (2), the 
lender may rescind the contract for the future. 
Article 611 Burden to Bear Expenses 
(1) The borrower shall bear the ordinary necessary expenses relating to the 
object borrowed. 
(2) The provisions of Article 594, Paragraph (2) shall be applicable mutatis 
mutandis to any other expenses. 
Article 612 Provisions to be applied mutatis mutandis 
The provisions of Articles 559 and 601 shall be applicable mutatis mutandis to 
loans for use. 
Article 613 Time to Return the Object Borrowed 
(1) The borrower shall return the object borrowed at the time agreed upon by 
the parties. 
(2) If no time for the return has been fixed by the parties, the borrower shall 
return the object such time as he has completed the use and the taking of 
138 IPINlllKORll 
Page 550 
profits therefrom in conformity with the purpose specified in the contract or the 
nature of the subject-matter. However, the lender may rescind the contract for 
the future at any time after a reasonable period has elapsed to allow for the 
specified use of the thing and the taking of profits therefrom. 
Article 614 Borrower's Death or Bankruptcy and Rescission of a Contract for 
the Future 
The lender may rescind the contract for the future when the borrower has died 
or has been adjudged bankrupt. 
Article 615 Borrower's Duty for retutio in integrum and Right to Remove 
The borrower shall restore the object borrowed to its original condition before he 
returns it to the lender, and the borrower may remove any attachments which he 
has attached thereto. 
Article 616 Co-borrower's Joint Obligation 
When several persons jointly borrow an object, or objects, they shall be jointly 
obligated. 
Article 617 Period for Claiming Damages and Reimbursement of Expenses 
Compensation for damages which have arisen from the use of the object, or the 
taking of profits contrary to the tenor of the contract or the nature of the subject­
matter, and the reimbursement of expenses incurred by the borrower, shall be 
claimed within six (6) months from the date of the return to the lender of the 
object borrowed. 
SECTION 7 Lease 
Article 618 Definition of Lease 
A lease becomes effective when one of the parties has agreed to allow the 
other party to use a thing and take profits therefrom, and the latter has agreed 
to pay rent for it. 
139 IP/NI 1 IKORl1 
Page 551 
Article 619 Short Term Lease Which is to be Given by a Person without 
Capacity or Authority to Dispose of Property 
Where a lease is given by a person who has no capacity or authority to dispose 
of property, its duration shall not exceed the periods mentioned below: 
1. Ten (10) years for the lease of land for the purpose of planting, salt, or 
construction built with stone, lime-stone, brick, or any other similar construction; 
2. Five (5) years for the lease of any other land; 
3. Three (3) years for the lease of a building or any other structure; 
4. Six (6) months for the lease of a movable; 
Article 620 Renewal of Short Term Lease 
The periods mentioned in Article 619 may be renewed. However, such renewal 
shall be effected within one (1) year in the case of land, within three (3) months 
in the case of a building or any other structure, and within one (1) month in the 
case of a movable, prior to the expiration of the period. 
Article 621 Registration of Lease 
(1) The lessee of an immovable may, unless there exists any contrary 
agreement between the parties, request the lesser to cooperate in effecting 
necessary formalities for the registration of the lease. 
(2) The lease of an immovable, if registered, shall be effective against the third 
persons from the time registration has been effected. 
Article 622 Defenses Set up against a Third Person of a Lease of Land for 
Which the Ownership of a Building has been Registered 
(1) Lease of land the object of which is to own a building shall, if a building on 
such land has been registered by the lessee, have the effect of lease against a 
third person even if such lease of land has not been registered as yet. 
(2) If a building has been destroyed or has become dilapidated from use prior to 
the termination of the lease period, it shall lose the effect mentioned in 
Paragraph (1). 
140 IP/N/1/KORll 
Page 552 
Article 623 Lessor's Duty 
A lessor is bound to deliver the lessee, to maintain conditions necessary for the 
use of the leased premises, and the taking of profits therefrom while the lease is 
in force. 
Article 624 Lessor's Act of Preservation and Duty of Toleration 
The lessee may not object to a lessor who performs some act necessary for the 
preservation of the premises leased. 
Article 625 Act of Preservation against the Intention of the Lessee and the 
Lessee's Right of Rescission for the Future 
If the lessor performs an act of preservation against the will of the lessee, and 
the lessee is thereby incapable of attaining the object for which the lease has 
been obtained, the lessee may rescind the contract for the future. 
Article 626 Lessee's Right to Demand Reimbursement 
(1) If a lessee has made necessary expenditures relating to the thing leased to 
lessor, the former may demand reimbursement thereof from the latter. 
(2) If the lessee has made any useful expenditures, the lessor shall reimburse 
the lessee, to the extent that the increase in value remains subsisting at the 
time when the lease terminates, in the amount disbursed by the lessee or the 
amount by which the value of the thing has been increased. In such case, the 
court may upon the application of the lessor allow him reasonable time for 
settlement with the lessee. 
Article 627 Partial Loss of the Thing Leased, etc. and Right to Demand the 
Reduction of Rent and Right of Rescission for the Future 
(1) If part of the leased thing has become unusable or impossible to take profit 
therefrom, due to loss or any other cause other than the fault of the lessee, the 
lessee may demand a reduction of the rent in proportion to the part which has 
been lost. 
141 IP/NI 1 IKORl 1 
Page 553 
(2) If as mentioned in Paragraph (1) the remaining part alone is not sufficient to 
enable the lessee to attain the object for which the lease has been made, the 
lessee may rescind the contract for the future. 
Article 628 Right to Demand an Increase or Reduction of Rent 
If the rent previously agreed upon by the parties has become unreasonable due 
to the increase or decrease of the public impost imposed upon the leased or 
any other change of economic situation, either party may demand of the other 
party to raise or reduce the rent for the future. 
Article 629 Restriction on the Assignment of Right of Lease and Sub-lease 
(1) A lessee may not without the consent of the lessor assign his rights or sub­
lease the thing leased. 
(2) If the lessee violates the provision of Paragraph (1), the lessor may rescind 
the contract for the future. 
Article 630 Effect of Sub-lease 
(1) If a lessee has with the consent of the lessor sub-leased the leased thing, 
the sub-lessee assumes the obligations directly to the lessor. In this case the 
sub-lessee may not set a defense against the lessor by a payment of the rent to 
the sub-lessor. 
(2) The provisions of Paragraph (1) shall not prejudice the exercise of the 
lessor's right against the lessee. 
Article 631 Confirmation of the Sub-lessee's Rights 
If the lessee has with the consent of the lessor sub-leased the leased thing, the 
rights of the sub-lessee shall not be extinguished even when the contract of 
lease ceases by an agreement between the lessor and the lessee. 
Article 632 In case the Lessee Allows a Third Person to Use a Small Part of 
the Building Leased 
142 IP/N/l/KORll 
Page 554 
The provisions of Articles 629 to 631 shall not apply in cases the lessee of a 
building allows a third person to use a small part of the building leased. 
Article 633 Time to Pay Rent 
Rent shall be paid at the end of each month in the case of a movable, or a 
building or building site, and at the end of each year in the case of any other 
land. However, in case of leased thing which has a harvest season, it shall be 
paid without delay upon the close of such season. 
Article 634 Lessee's Duty to Give a Notice 
If repairs are necessary to the leased thing or a third person claims a right over 
it, the lessee shall without delay notify the lessor thereof. However, this shall not 
apply if the lessor has known the fact. 
Article 635 Notice of Rescission for the Unexpired Term of Lease on Which no 
Period has been Fixed 
(1) If no period has been fixed by the parties to a lease, either party may at any 
time give notice to the other party to rescind the remaining unexpired period of 
the lease. 
(2) Rescission of the remaining unexpired term of the lease shall be effective 
upon the expiration of the following period mentioned in each of the following 
Subparagraphs, from the day on which the other party has received the notice 
mentioned in Paragraph (1): 
1. Six (6) months, if the lessor has given notice of rescission of the remaining 
unexpired term of the lease to the lessee, and one (1) month, if the lessee has 
given notice of rescission of the remaining unexpired term of the lease to the 
lessor, in the case of land, building and any other structure; 
2. Five (5) days, in the case of a movable. 
Article 636 Notice of Rescission for the Unexpired Term of the Lease on 
Which a Period has been Fixed 
If, even in cases where a period has been fixed by the parties for the lease, one 
or both of the parties has reserved a right to rescind the lease with respect to 
143 IP/N/IIKOR/l 
Page 555 
the unexpired term, the provisions of the preceding Article shall apply mutatis 
mutandis. 
Article 637 Lessee's Bankruptcy and Notice of Rescission of the Contract for 
the Future 
(1) If the lessee has been adjudged bankrupt, either the lessor or the 
administrator in bankruptcy may, in accordance with the provisions of Article 
635, give notice to rescind the lease with respect to the remaining unexpired 
term, notwithstanding the fact that the lease contained a fixed period of rental. 
(2) In the cases of Paragraph (1), neither party may claim damages arising from 
the rescission of the lease for the unexpired rental period. 
Article 638 Notice of Rescission to the Sub-lessee for the Unexpired Rental 
Period of the Lease 
(1) If a lease has been terminated by the notice of rescission with respect to 
its unexpired rental period, and the leased thing has lawfully been sub-leased, 
the lessor may not set up a claim against the sub-lessee because of the 
rescission of the lease unless the former gives notice thereof to the latter. 
(2) The provisions of Paragraph (2) of Article 635 shall apply mutatis mutandis 
in cases the lessee receives the notice mentioned in Paragraph (1). 
Article 639 Implicit Renewal 
(1) If the lessee continues the use of the thing leased, or the taking of profits 
therefrom after the expiration of the period of the lease, and the lessor fails to 
raise any objection thereto within a reasonable period, he shall be presumed to 
have created a new lease on the same terms and conditions as those of the 
former one. However, either party may give notice to the other to rescind the 
lease for the future in accordance with the provisions of Article 635. 
(2) In the case of Paragraph (1), the security furnished by a third person shall 
be extinguished by expiration of the period. 
Article 640 Payment of Rent in Arrear and Rescission of Lease for the Future 
144 IP/NIl/KORll 
Page 556 
The lessor may, if rent in arrear reaches the amount of rent for two (2) periods 
in the case of lease of a building or any other structure, rescind the contract for 
the future. 
Article 641 Payment of Rent in Arrear and Rescission for the future 
The provision of Article 640 shall apply mutatis mutandis to the case of lease of 
land the object of which is to own a building or any other structure, or for use in 
planting, collecting salt and stock farming. 
Article 642 Rescission of Lease of Land and Notice to Mortgage Right Holders 
The provision of Article 288 shall apply mutatis mutandis in the cases of Article 
641 if a building or any other structure on such land becomes an object of real 
right granted by way of security. 
Article 643 Lessee's Right to Demand Renewal of Contract and Right to 
Demand Purchase of Building, etc. 
The provisions of Article 283 shall apply mutatis mutandis to buildings, trees, or 
any other facilities on land remains after the expiration of the lease, land, the 
object of which is to own a building or any other structure, or is for planting, 
collecting salt and stock farming. 
Article 644 Sub-lessee's Right to Demand a Lease Contract and Right to 
Demand Purchase of Building, etc. 
(1) In case where a lessee of a land lease, the object of which is to own a 
building or any other structure, or for planti"lg, collecting salt and stock farming, 
has lawfully sub-leased such land, if any building, tree or any other facilities on 
land remains subsisting at the time when the periods for lease and sub-lease 
have concurrently terminated, the sub-lessee may demand of the lessor to give 
him a lease on the same terms as those of the former sub-lease. 
(2) The provision of Paragraph (2) of Article 283 shall apply mutatis mutandis, if 
in the case of Paragraph (1) the lessor does not desire to lease his land. 
145 IPINIlIKORl1 
Page 557 
Article 645 Right to Demand a Lease and Right to Demand Purchase 
Exercisable by a Lessee of a Land which became the Object of Superficies 
The provisions of Article 644 shall apply mutatis mutandis in cases where a 
superficiary leases a land which became the object of superficies. 
Article 646 Lessee's Right to Demand Purchase of Accessories 
(1) If the lessee of a building or any other structure has attached a thing to such 
building, etc. with the consent of the lessor for the benefit of the lessee's use, 
the lessee may demand the lessor to purchase such accessories at the time 
when the contract of lease terminates. 
(2) The same applies to the accessories purchased from the lessor. 
Article 647 Sub-Lessee's Right to Demand Purchase of Accessories 
(1) If, in case where the lessee of a building or any other structure has lawfully 
sub-leased such building, etc., the sub-lessee has attached a thing to such 
building, etc. with the consent of the lessor for the benefit of the sub-less's use, 
the sub-lessee may demand the lessor to purchase such accessories at the 
time when the contract of sub-lease terminates. 
(2) The same applies to the accessories purchased from the lessor or 
purchased from the lessee with the consent of the lessor. 
Article 648 Pledge for Accessories, Fruits, etc. on a Leased Land, Recognized 
by Law 
If the lessor of a land attaches pursuant to the obligations relating to the lease, 
a movable owned by the lessee which is affixed to the leased land or is offered 
for the benefit of the lessee's use and fruits accruing from such land, it shall be 
effective as a pledge. 
Article 649 Mortgage on a Building on a Leased Land, Recognized by Law 
If the lessor of a land attaches a building on his land owned by the lessee, 
pursuant to the obligation of renting of the last two (2) years, for which period 
146 IPIN/1/KORll 
Page 558 
rent has not been paid, such right shall be as effective as a mortgage. 
Article 650 Pledge for Accessories attached to a Leased Building, etc., 
Recognized by Law 
If the lessor of a building or any other structure attaches, pursuant to the 
obligations created under the lease, a movable owned by the lessee which is 
attached to the building or any other structure, such movable shall be effective 
as a pledge. 
Article 651 Duration of Contract of Lease 
(1) The duration of the lease except in cases of land lease the object of which is 
to own a building or any other structure made of stone, limestone, brick or any 
other solid building or structure, or for planting or collecting salt, shall not 
exceeding twenty (20) years. If the period agreed upon by the parties exceeds 
twenty (20) years. If the period agreed upon by the parties exceeds twenty (20) 
years, the period shall be shortened to twenty (20) years. 
(2) The period mentioned in Paragraph (1) may be renewed. The period shall 
not exceed ten (10) years from the day on which it has been renewed. 
Article 652 Imperative Provisions 
Any agreement entered by the parties in contravention of the provIsIons of 
Articles 627, 628, 631, 635, 638, 640, 641, 643 to 647 which is unfavorable to 
either the lessee or sub-lessee shall be void. 
Article 653 Special Rule Applicable to a Lease for a Temporary Use 
The provisions of Articles 628, 638, 640, 646 to 648, 650 and Article 652 shall 
not apply to the cases where it is evident that a lease or sub-lease is given for a 
temporary use. 
Article 654 Provisions to be applied mutatis mutandis 
The provisions of Article 610, Paragraph (1), Articles 615 to 617 shall apply 
mutatis mutandis to the cases of lease. 
147 SECTION 8 Contract of Employment 
Article 655 Definition of Contract for Employment IP/N/l/KORlI 
Page 559 
A contract of employment becomes effective when one of the parties agrees to 
render services to the other party and the latter agrees to pay the former 
remuneration therefor. 
Article 656 Amount of Remuneration and Time to Pay Remuneration 
(1) If no agreement has been entered upon between the parties as to the 
amount of remuneration, it shall be customarily paid for the same services in the 
same working area. 
(2) Remuneration shall be made at the time mutually agreed upon, but if no time 
has been specified, custom shall determine the time and in the absence of any 
established customary time it shall be paid without delay after the completion of 
the work agreed upon. 
Article 657 Exclusive Character of the Rights and Duties 
(1) The employer may not assign his rights to a third person without the consent 
of the employee. 
(2) An employee may not substitute a third person to perform his services 
without the consent of the employer. 
(3) If one of the parties violates the provisions of Paragraphs (1) and (2), the 
other party may rescind the contract for the future. 
Article 658 Content of Service and the Right of Rescission for the Future 
(1) If the employer demands of the employee some additional unrelated service 
which has not been agreed upon between the parties, and not a part of the 
contract, the employee may rescind the contract and refuse to perform his 
services in the future. 
148 IP/NI 1 IKORll 
Page 560 
(2) If, in case the specified services which have been agreed upon between the 
employer and employee require special training, experience and knowledge on 
the part of the employee, the employer may rescind the contract for services for 
the future if the employee fails to possess the special qualifications agreed upon. 
Article 659 Lapse of Three years and the Right to Give Notice of Rescission of 
Contract for the Future 
(1) If the period for services exceeds three (3) years, or if it is to continue for the 
lifetime of one of the parties or of a third person, either party may give notice of 
his intention to rescind the contract for services at any time after the expiration 
of three (3) years. 
(2) In the case of Paragraph (1) the notice of intention to rescind the contract for 
services by either of the parties, does not become effective until 3 months from 
the date of such notice. 
Article 660 Notice of Future Rescission of a Service Contract on which No 
Period has been Fixed 
(1) If no period for the services has been fixed by the parties, either party may 
at any time give notice to the other party of his intention to rescind the contract. 
(2) In the case of Paragraph (1), the notice of intention to rescind does not 
become effective until one month has elapsed from the date of such notice. 
(3) If remuneration has been fixed on a set and regular periodical basis, the 
effective date of the rescission of the contract shall be deemed to be upon the 
performance of services for one full period after the completion of the current 
period during which the other party received the notice of intention to rescind 
the contract. 
Article 661 Unavoidable Cause and the Right to rescind the Contract for the 
Future 
Even where a fixed period for the service has been set by the parties, either 
party may, if any unavoidable cause arises, rescind the contract. However, if 
such cause arises through the fault of one of the parties, such party is liable for 
149 damages to the other party. 
Article 662 Implicit Renewal IP/NI 1 IKORlI 
Page 561 
(1) If the employee continues to render services after the expiration of the 
agreed period, and the employer has not raised any objection thereto within a 
reasonable period, they are presumed to have entered into a fresh contract of 
service on the same terms as before. However, either party may give notice to 
the other party to rescind the contract for the future in accordance with the 
provisions of Article 660. 
(2) In the case of Paragraph (1) the security furnished by a third person in 
respect to the former contract of service shall be deemed to be extinguished at 
the expiration of the first period agreed upon. 
Article 663 Employer's Bankruptcy and the Notice of Future Rescission of 
Contract 
(1) If the employer has been adjudged bankrupt, either the employee or the 
administrator in bankruptcy may, even when a term of contract of service has 
been fixed, rescind the contract of service for the future. 
(2) In the case of Paragraph (1), neither party may claim from the other any 
damages arising from the rescission of the contract. 
SECTION 9 Contract for Work 
Article 664 Definition of Contract for Work 
A contract for work becomes effective when one of the parties has agreed to 
perform a certain work and the other has agreed to pay remuneration for the 
result of such work. 
Article 665 Time to Make Remuneration 
(1) The remuneration shall be made simultaneously with the delivery of the 
finished object of the work. However, if the delivery of the object of the work is 
not required, remuneration shall be paid without delay after the work has been 
150 IP/N/lIKORlI 
Page 562 
performed. 
(2) The provision of Paragraph (2) of Article 656 shall apply mutatis mutandis to 
the remuneration mentioned in Paragraph (1). 
Article 666 Contractor's Right to Demand Settlement of Mortgage on an 
Immovable as the Object of Mortgage 
The contractor for work on an immovable, may demand of the person who 
ordered the work to offer the immovable as security in order to secure the 
contractor's claim in relation to his remuneration mentioned in Article 665. 
Article 667 Contractor's Liability for Warranty 
(1) If any defect exists in the completed subject-matter of a work or in a certain 
part of the subject-matter of a work which has been finished before the 
completion of all the work, the person who ordered the work may fix a 
reasonable period for the contractor to repair and rectify such defect. However, 
this shall not apply if the defect is not material and its rectification would involve 
excessive expense. 
(2) The person who has ordered the work may claim damages in lieu of, or 
together with, rectification of the defect. 
(3) In the cases of Paragraph (2), the provisions of Article 536 shall apply 
mutatis mutandis. 
Article 668 Contractor's Liability for Warranty-Right of Rescission of the 
Person who Ordered a Work 
If, by reason of some defect in the finished subject-matter of the work, it cannot 
be used for the purpose for which it was ordered, the person who ordered the 
work may rescind the contract. However, this shall not apply to a building or any 
other structure on land. 
Article 669 Contractor's Liability for Warranty-Release from Responsibility in 
the Event the Defect has Arisen through the Nature of the Materials Supplied 
or Instructions Given by the Person who Ordered the Work 
151 IPINlllKORll 
Page 563 
The provisions of Articles 667 and 668 shall not apply, if the defect in the 
finished subject-matter of the work has arisen through the improper type or 
defective quality of the materials supplied by the person who ordered the work, 
or by reason of insufficient or incorrect instructions given by him. However, this 
shall not apply if the contractor, knowing the unfitness of the materials or of the 
insufficiency and incorrect nature of the instructions, has failed to advise the 
person who ordered the work. 
Article 670 Duration of Liability for Warranty 
(1) The demand for remedying the defect, or claim for damages, or the 
rescission of the contract mentioned in Articles 667, 668 and 669 shall be made 
within one (1) year from the day on which the finished subject-matter of the 
work was delivered. 
(2) Where no delivery of the subject-matter of the work is necessary, the period 
mentioned in Paragraph (1) shall be computed from the day on which the work 
was accomplished. 
Article 671 Contractor's Liability for Warranty-Special Rules applicable to 
Land, Building, etc 
(1) A contractor for land, building or any other structure warrants against any 
defect in the structure or in its foundations for a period of five (5) years after 
delivery. However, this period shall be ten (10) years in the case of the subject­
matter is made of stone, limestone, brick, metal or any other similar materials. 
(2) If the subject-matter is destroyed or damaged by reason of a defect as 
mentioned in Paragraph (1), the person who ordered the work shall exercise the 
rights mentioned in Article 667 within one (1) year from the day that such 
destruction or damage was sustained. 
Article 672 Special Stipulation in Respect of Release from Liability Warranty 
Even where the contractor has specially stipulated that he shall not be liable in 
respect of the warranties mentioned in Articles 667 and 668, he may not be 
relieved of liability in respect to any defect in workmanship or materials of which 
152 IP/N/IIKORll 
Page 564 
he was aware and nevertheless failed to give notice. 
Article 673 Right of Rescission of Contracting Party for Work before the 
Completion of Such Work 
So long as the contractor has not completed the work, the person who ordered 
the work may rescind the contract at any time, but shall be liable for damages. 
Article 674 Bankruptcy of the Person who Ordered a Work and the Right of 
Rescission of a Contract 
(1) If the person who ordered the work has been adjudged bankrupt, the 
contractor, or the administrator in bankruptcy, may rescind the contract. In such 
case the contractor may assert his claim in the distribution of the estate for his 
remuneration for his part of work already completed, and for any other 
expenses which are not included in such remuneration. 
(2) In the case mentioned in Paragraph (1) neither party may demand from the 
other party compensation for any damage which has arisen from the rescission 
of the contract. 
SECTION 10 Advertisement for prize contest 
Article 675 Definition of Advertisement for Prize Contest 
An advertisement a prize contest becomes effective when an advertiser has 
expressed his intention to give a certain reward to any person who performs a 
certain act and applicant thereto has performed such act as has been specified 
in the advertisement. 
Article 676 Person Entitled to the Reward 
(1) If there are several persons who have performed the act specified in the 
advertisement, the person who performed it first is entitled to the reward. 
(2) If two or more persons have performed the act simultaneously, each of them 
is entitled to the reward in equal proportions. If, however, the reward cannot by 
its nature be (conveniently) divided, or if it has been stipulated in the 
153 IP/N/l/KORll 
Page 565 
advertisement that only one person is to receive it, its recipient shall be 
determined by drawing lots. 
Article 677 An Act done by a Person who was not Aware of an Advertisement 
The provisions of Article 676 shall apply mutatis mutandis in case where a 
person has performed the act specified in the advertisement without knowing 
the advertisement. 
Article 678 Advertisement which Specifies Prize only for the Performance of 
the Highest Credit 
(1) The advertisement offering one of several contestants a prize for the best 
manner of performing an act shall be effective only if some period of definite 
duration shall be stipulated for the competition. 
(2) In the case mentioned in Paragraph (1) the decision as to whose 
performance deserves the highest credit shall be made by the person 
designated in the advertisement. If no designation of an umpire has been made 
in the advertisement, the decision shall be made by the advertiser himself. 
(3) A decision that no performance deserves the highest credit among the 
competitors will not be allowed. However, this shall not apply to the cases 
where different declaration of intention from above exists in the advertisement 
or the standards of the decision can be designated by the nature of the 
advertisement. 
(4) No competitor may raise any objection to the decision mentioned in 
Paragraphs (2) and (3). 
(5) If the acts performed by two or more persons have been decided to be of 
equal merit, the provisions of Paragraph (2) of Article 676 shall apply mutatis 
mutandis. 
Article 679 Withdrawal of an Advertisement for Prize Contest 
(1) Where a period within which the act specified by the advertiser is to be 
performed has been fixed, the advertisement may not be withdrawn before the 
154 IP/N/IIKORll 
Page 566 
expiration of such period. 
(2) In case of an unfixed period within which the act specified by the advertiser 
is to be performed, the advertiser may, until such time as a person has 
completely performed the designated act, withdraw advertisement in the same 
manner in which it has been made. 
(3) If the advertisement cannot be withdrawn in such manner as the former 
advertisement has been effected, it may be effected in any other similar manner. 
Such withdrawal, however, shall be effective only as against persons who have 
become aware thereof. 
SECTION 11 Mandate 
Article 680 Definition of Mandate 
A mandate becomes effective when one of the parties has commissioned the 
other party to manage his affairs and the other party has consented thereto. 
Article 681 Mandatory's Duty to Manage well 
A mandatary shall manage the affairs entrusted to him with the care of a good 
manager in accordance with the tenor of the mandate. 
Article 682 Restriction on the Right of Reappointment 
(1) The mandatary may not allow any substituted third person to manage the 
affairs entrusted (to the mandatary) without the consent of the mandator or for 
same inevitable reasons. 
(2) If the mandatary has allowed a third person to manage the affairs entrusted 
(to the mandatary) in accordance with the provision of Paragraph (1), the 
provisions of Articles 121 and 123 shall apply mutatis mutandis. 
Article 683 Mandatary's Duty to Report 
A mandatary shall upon demand of the mandator report on the condition of the 
management of the affairs entrusted to him, and upon the termination of the 
155 mandate he shall make a full report thereon without delay. IP/N/IIKORll 
Page 567 
Article 684 Mandatary's Duty to Deliver and Transfer Acquired Things, etc. 
(1) A mandatary shall deliver to the mandator all the money and any other 
things which he has received or fruits which he has collected in the 
management of the affairs entrusted to him. 
(2) All rights which the mandatary has acquired in his own name on behalf of 
the mandator shall be transferred to the mandator. 
Article 685 Mandatary's Liability for Pecuniary Consumption 
If a mandatary has spent for his own benefit any money which he ought to 
deliver to the mandator or which is to be used for the mandator's benefit, he 
shall pay interest thereon as from the day on which he spent such money, and if 
there are any further damages, he shall also be liable therefor. 
Article 686 Mandatary's Right to Demand Remuneration 
(1) In the absence of a special agreement, a mandatary may not demand 
remuneration from the mandator. 
(2) Where a mandatary is to receive remuneration, he may not demand it unless 
the mandatory affairs have been completely performed. However, if the 
remuneration has been fixed by periods, he may demand it after the expiration 
of the period. 
(3) If a mandate terminates in the course of the performance of the mandatary 
affairs owing to any cause for which the mandatary is not responsible, he is 
entitled to remuneration in proportion to the affairs already managed by him. 
Article 687 Mandatary's Right to Demand in Advance Payment of Expenses 
If any expense is required for the management of the affairs entrusted to the 
mandatary, the mandator shall, upon the demand by the mandatary, pay them in 
advance. 
156 IPINIlIKORJ1 
Page 568 
Article 688 Mandatary's Right to Demand Reimbursement of Expenses, etc. 
(1) If a mandatary has defrayed any expenses necessary for the management 
of the affairs entrusted to him, he may demand from the mandator the 
reimbursement of such expenses with interest thereon from the day on which 
they were defrayed. 
(2) If a mandatary has assumed an obligation which is regarded as necessary 
for the management of the affairs entrusted to him, he may request the 
mandator to perform it in his place and, if the obligation is not due, to furnish 
adequate security. 
(3) If a mandatary, without any fault on his part, sustains damages through the 
management of the affairs entrusted to him, he may demand compensation 
therefor from the mandator. 
Article 689 Freedom of Both Parties' Right to Rescind Mandate for the Future 
(1) A mandate may be rescinded by either party at any time. 
(2) If one of the parties rescinds a mandate without any unavoidable reason for 
such rescission at a time when it would be unfavourable to the other party, he 
shall compensate any damages occasioned thereby. 
Article 690 Death, Bankruptcy, etc. and Termination of Mandate 
A mandate shall terminate upon the death or bankruptcy of either party. The 
same shall apply to the case where the mandatary is adjudged incompetent. 
Article 691 Measure for Urgency 
If, on the termination of a mandate, the circumstances are of an urgent nature 
which requires the continuous management, the mandatary, his successor or 
his legal representative shall carry on the affairs entrusted to him until the 
mandator, his successor, or his legal representative is in a position to take over 
the management of the affairs entrusted. In this case the continuous 
management after the termination of a mandate shall be deemed to have the 
same effect as the original mandate. 
157 Article 692 Valid Grounds for Termination of a Mandate IP/N/l/KORJl 
Page 569 
No ground for termination of a mandate can, whether it exists on the part of the 
mandator or of the mandatory, be set up against the other party, unless he is 
given notice thereof or he is aware thereof. 
SECTION 12 Bailment 
Article 693 Definition of Bailment 
Bailment becomes effective when one of the parties has transferred to the other 
party the custody of money, securities or any other thing, for a given purpose, 
and the other party has consented thereto and promises to return it to the bailor. 
Article 694 Prohibition on Use of the Thing Bailed by the Bailee 
A bailee may not use the thing bailed without the consent of the bailor. 
Article 695 Gratuitous Bailee's Duty to Pay due Diligence 
A gratuitous bailee shall give the same degree of care in the custody of the 
thing bailed as he gives in respect to his own property. 
Article 696 Bailee's Duty to Give Notice 
If a third person who claims a right over the thing bailed has commenced an 
action against the bailee or levied an attachment thereon, the bailee shall give 
notice thereof to the bailor without delay. 
Article 697 Bailor's Liability to Redress Damages Arisen from the Nature of or 
any Defect in the Thing Bailed 
A bailor shall redress damages suffered by the bailee, which have arisen from 
the nature of, or any defect in, the thing bailed. However, this shall not apply if 
the bailee was aware of the nature or defect. 
Article 698 Rescission for the Future of a Contract of Bailment on which a 
158 IPIN/lIKORll 
Page 570 
Time has been Fixed 
If a time is fixed for a bailment, the bailee may not, in the absence of any 
unavoidable reason, rescind the contract of bailment before the expiration of the 
designated time. However, the bailor may rescind the contract for the future at 
any time. 
Article 699 Rescission of a Contract of Bailment on which No Time has been 
Fixed 
If no time has been fixed for the bailment, either party may rescind for the future 
the contract of bailment at any time. 
Article 700 Place of Returning 
The thing bailed shall be returned at the place where it has been kept. However, 
if the bailee has for any reasonable cause removed it to another place, he may 
return it at the place where the thing actually is. 
Article 701 Mutatis Mutandis Provisions 
The provisions of Articles 682, 684 to 687 and Paragraphs (1) and (2) of Article 
688 shall apply mutatis mutandis to bailment. 
Article 702 Bailment subject to Consumption 
Where the bailee is allowed by the contract to consume the thing bailed, the 
provisions relating to loans for consumption shall apply mutatis mutandis. 
However, if no time for its return has been fixed by the contract, the bailor may 
at any time demand its return. 
SECTION 13 Partnership 
Article 703 Definition of Partnership 
(1) A partnership becomes effective when two (2) or more persons have agreed 
to carry on a joint undertaking by making mutual contribution thereto. 
159 IPINIlIKORJ1 
Page 571 
(2) Money, any other property, or service may be made the object of the 
contribution mentioned in Paragraph (1). 
Article 704 The Partnership Property 
The contribution made by each partner and the other property of the partnership 
shall belong to all the partners jointly. 
Article 705 Liability for any Pecuniary Contribution in Arrears 
If, where money is to be the object of contribution, a partner delayed in making 
his contribution, he shall, besides paying any interest in arrears, compensate all 
damages resulting therefrom. 
Article 706 Method of Conducting Partnership Affairs 
(1) If the conductor of the affairs of the partnership has not been designated by 
the partnership contract, the conductor shall be elected with an affirmative vote 
of more than two-thirds (2/3) of all the partners. 
(2) The conduct of the affairs of the partnership shall be decided by a majority of 
the partners. If several persons are in charge of the affairs of the partnership, 
the conduct of the affairs shall be decided by a majority of such persons. 
(3) The ordinary affairs of the partnership may, notwithstanding the provisions of 
Paragraph (2), be conducted solely by any partner or any manager acting alone. 
However, if the other partners may object to such acts before the completion 
thereof, he shall immediately suspend these activities. 
Article 707 Mutatis Mutandis Provisions 
The provisions of, Articles 681 to 688 shall apply mutatis mutandis to partners 
who conduct the affairs of the partnership. 
Article 708 Resignation and Removal of the Manager of the Partnership 
Affairs 
A partner who manages the partnership affairs may not be allowed to resign 
160 IPlNlllKORll 
Page 572 
without due reason and shall not be removed from the office except with the 
unanimous consent of the other partners. 
Article 709 Presumption of Proxy Right for the Managers 
The partners who manage the partnership affairs shall be presumed to have the 
proxy right in their management of the partnership affairs. 
Article 710 Partner's Right to Inspect the Affairs and Status of Property of 
the Partnership 
Each of the partners may at any time inspect the affairs and the status of the 
property of the partnership. 
Article 711 Proportion of the Sharing of Profit and Loss 
(1) In the absence of an agreement between the partners as to the sharing of 
profit and loss, it shall be decided in proportion to the value of the contribution of 
each partner. 
(2) If the proportion has been fixed for the sharing of profit or loss, such 
proportion is presumed to apply both to profit and loss. 
Article 712 Creditor's Exercise of Right against a Partner 
A creditor of the partnership who was not aware of the shares of losses among 
the partners at the time when his claim came existence, may exercise his right 
against each partner in equal shares. 
Article 713 Debt of a Partner without Funds and the Other Partner's Liability 
If there is any partner who lacks the means to discharge an obligation among 
partners, his portion dischargeable shall be equally divided among the other 
partners and each partner shall be liable to his proportion. 
Article 714 Effect of Attachment of Shares 
Attachment of a partner's share shall be effective against the partner's right to 
161 future dividends and shares which would be paid to the partner. IP/N/l/KORll 
Page 573 
Article 715 Prohibition of Set-off for the Debtor or the Partnership 
A debtor of the partnership cannot set-off his obligation against a claim which 
he has against a partner. 
Article 716 Voluntary Retirement) 
(1) If partnership contract provides no fixed period for the duration of the 
partnership, or if it has been specified therein that it shall continue its existence 
during the life of a partner, each of the partners may retire at any time. However, 
he may not, in the absence of any unavoidable reason, retire at a time which 
would be unfavorable to the partnership. 
(2) Even where a period has been fixed for the duration of the partnership, each 
partner may retire, if any unavoidable reason exists for doing so. 
Article 717 Non-Voluntary Retirement 
In addition to the cases mentioned in Article 716 a partner ceases to be such for 
any of the cause indicated in the following: 
1. Death; 
2. Bankruptcy; 
3. Adjudication of incompetency; 
4. Expulsion. 
Article 718 Expulsion 
(1) Expulsion of a partner may be made only for reasonable cause and with the 
unanimous consent of the other partners. 
(2) The decision of expulsion mentioned in Paragraph (1) can not set up against 
the expelled partner unless he is notified of the decision. 
Article 719 Account of the Share of the Retired Partner 
(1) The accounts between an ex-partner and the other partners shall be based 
162 IP/N/1/KOR/l 
Page 574 
on the status of the property of the partnership at the time when he ceased to 
be a partner. 
(2) The share of an ex-partner may be paid out in money irrespective of the 
nature of his contribution. 
(3) The accounting of a matter which has not been completed at the time when 
the partner terminated as a partner may be made after such matter has been 
completed. 
Article 720 Demand to Dissolve a Partnership due to Unavoidable Cause 
Any partner may demand dissolution of the partnership if any unavoidable 
cause exists for doing so. 
Article 721 Liquidator 
(1) When a partnership has been dissolved, the liquidation shall be conducted 
conjointly by all the partners or by a person appointed by them. 
(2) The appointment of a liquidator mentioned in Article 720 shall be decided by 
a majority of all the partners. 
Article 722 Liquidator's Way of Conducting the Partnership Affairs 
The provision of the latter part of Paragraph (2) of Article 706 shall apply 
mutatis mutandis in case where there are two or more liquidators. 
Article 723 Resignation and Removal of the Liquidator who is a Partner 
The provision of Article 708 shall apply mutatis mutandis to cases where the 
liquidator is appointed from among the partners. 
Article 724 Liquidator's Duties, Powers, and the Distribution of Surplus 
Assets 
(1) The provisions of Article 37 shall apply mutatis mutandis to the duties and 
powers of the liquidator. 
163 IP/N/lIKORll 
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(2) The surplus assets shall be distributed among the partners in proportion to 
the value of their contributions. 
SECTION 14 Life Annuity 
Article 725 Definition of the Contract of Life Annuity 
A contract of life annuity becomes effective when one of the parties has agreed 
to deliver money, or other things of value, periodically to the other party, or to a 
third person, until the end of his life or that of the other party, or of a third person. 
Article 726 Computation of Life Annuity 
A life annuity shall be computed by the day. 
Article 727 Rescission of the Contract of Life Annuity 
(1) If, in cases where an obligor on a life annuity has received the capital sum of 
the annuity, he neglects to pay of the periodical payments or fails to perform any 
of his other duties, the obligee on a life annuity may demand the return of the 
capital sum. However, he shall return to the obligor on a life annuity the balance 
after interest on the capital sum has been deducted from the periodical 
payments already received by him. 
(2) The provisions of Paragraph (1) shall not preclude any claim for damages. 
Article 728 Rescission and Concurrent Fulfilment 
The provisions of Article 536 shall apply mutatis mutandis to the cases 
mentioned in Article 727. 
Article 729 Death Occurred by any Cause for which the Obligor is Responsible 
and Declaration of Continuance of an Obligation 
(1) If death occurs by any cause for which the obligor on a life annuity is 
responsible, the court may, on the application of the obligee, or his successor, 
declare that the obligation shall continue to exist for a reasonable period. 
164 IP/N/1/KORll 
Page 576 
(2) The right mentioned in Article 727 may also be exercised even in the cases 
of Paragraph (1). 
Article 730 Life Annuity due to Testamentary Gift 
The provisions of this Section shall apply mutatis mutandis to a life annuity 
effected by a testamentary gift. 
SECTION 15 Compromise 
Article 731 Meaning of Compromise 
A compromise becomes effective when the parties have agreed to terminate a 
dispute between them by natural concessions. 
Article 732 Creative Effect of a Compromise 
A contract of Compromise shall have the effect that right conceded by one of 
the parties is thereby extinguished and the other party will, in turn, acquire the 
right by virtue of the compromise. 
Article 733 Effect of a Compromise and Error 
A contract of compromise may not be rescinded because of any error contained 
therein. However, this shall not apply where there exist any errors in the matters 
relating to the qualification of either party of a compromise or any other matters 
which are not pertinent to the matters under dispute which are the subject of the 
compromise. 
CHAPTER III MANAGEMENT OF AFFAIRS WITHOUT 
MANDATE 
Article 734 Definition of Management of Affairs without Mandate 
(1) A person who manages affairs on behalf of another without being bound to 
do so shall conduct that management in the manner most advantageous to the 
principal according to the nature of such affairs. 
165 IP/N/lIKORlI 
Page 577 
(2) If a manager knows the intention of the principal or is in a position to know it 
(by inference), he shall conduct the management in conformity with such 
intention. 
(3) If a manager has conducted the affairs of the principal in such a manner as 
contrary to the provisions of Paragraphs (1) and (2) he shall be liable for the 
damages caused thereby even if he was not guilty of negligence. However, if 
his act of management conforms to the public interest, he is not bound to 
redress any damages caused thereby, unless he acted in gross negligence. 
Article 735 Urgent Conduct in the Management of Affairs 
If a manager has conducted the affairs of the principal in a manner designed to 
protect the latter against an imminent danger to his life, person, reputation or 
property, he is not liable for any damage caused thereby, unless he acted with 
some malice or with gross negligence. 
Article 736 Manager's Duty to Give Notice 
A manager shall give notice to the principal without delay that he has entered 
upon such management. However, this shall not apply in cases where the 
principal was already aware of these conditions. 
Article 737 Manager's Duty to Continue the Management 
A manager shall continue the management until the principal, his successor or 
his legal representative is in a position to conduct the affairs. However, this shall 
not apply, if it is evident that such continuance would be against the will of the 
principal or prejudicial to the principal's interests . 
. Article 738 Mutatis Mutandis Application 
The provisions of Articles 683 685 shall apply mutatis mutandis to management 
of affairs without mandate. 
Article 739 Manager's Right to Demand Reimbursement of Expenses 
166 IPINlllKORll 
Page 578 
(1) If a manager has defrayed any necessary or useful expenses for the 
principal, to he may demand reimbursement from the principal. 
(2) When a manager has assumed for the principal an obligation which is 
necessary or beneficial to the latter, the provisions of Paragraph (2) of Article 
688 shall apply mutatis mutandis. 
(3) If a manager conducts the affairs of the principal against the latter's intention, 
the Provisions of Paragraphs (1) and (2) shall apply mutatis mutandis only to 
he extent of the principal's present enrichment. 
Article 740 Manager's Right to Claim Damages Suffered with no Negligence 
When a manager has suffered damages not by his own negligence in the 
course of management of affairs of another, he is entitled to claim damages to 
the extent that principal is being enriched thereby. 
CHAPTER IV UNLAWFUL ENRICHMENT 
Article 741 Definition of Unlawful Enrichment 
A person who without any legal ground derives a benefit from the property or 
services of another and thereby causes loss to the latter is bound to return such 
gains. 
Article 742 Discharge of Non-existing Obligation 
If a person has discharged an obligation with the knowledge that no such 
obligation has ever existed, he may not demand the return of the subject-matter. 
Article 743 Discharge prior to the Term of Repayment 
If an obligor has discharged an obligation which is not due, he may not demand 
the return of the subject-matter. However, if the obligor discharges such 
obligation by error, the obligee shall return the benefit which he received 
therefrom. 
Article 744 Discharge of Non-existing Obligation which Conforms to Moral 
167 Sense IP/N/liKORll 
Page 579 
In case a person not liable to an obligation has discharged such obligation by 
error and such discharge by him conforms to a sense of morality, he may not 
demand the return of the subject-matter. 
Article 745 Discharge of Another Person's Obligation 
(1) If, in case where a person other than the obligor has discharged an 
obligation by error, the obligee has in good faith destroyed evidentiary 
documents, or has relinquished any security, or has lost his claim by 
prescription, the person who has effected the performance in error may not 
demand the return of his payments. 
(2) In the case mentioned in Paragraph (1) the person who has effected 
performance may avail himself of the right to obtain reimbursement from the 
obligor. 
Article 746 Performance for Illegal Cause 
If a person grants property or renders service for an illegal cause he may not 
demand the return of benefits resulting therefrom. However, this shall not apply 
if such illegal cause exists only on the part of the person enriched. 
Article 747 Cases where the Original Object is not Returnable, Liability for 
Return of the Value of Benefit, and Liability of Third Parties 
(1) If the person enriched is unable to return the object which he has received, 
he shall return the value of the object. 
(2) When the person enriched is unable to return the benefit which he has 
received, a third party acting in bad faith who has obtained the object of the 
benefits, gratuitously from the person enriched, shall be liable to return such 
object in accordance with the provision of Paragraph (1). 
Article 748 The Amount of the Benefits to be Returned by the Person Enriched 
(1) The person enriched, acting in good faith, shall be liable to act as set forth in 
168 IP/N/IIKORll 
Page 580 
Article 747 to the amount that he still possesses of such gains. 
(2) A person enriched, acting in bad faith shall return the benefit received by 
him with interest, and if there has been any damage, he is bound also to make 
compensation therefor. 
Article 749 Recognition of Bad Faith of the Person Enriched 
(1) If the person enriched was aware of the fact that no legal ground had ever 
existed after he had received benefit, he shall be liable to return the benefit as a 
person enriched, acting in bad faith from time he was aware of such fact. 
(2) The person enriched in good faith, if defeated in a lawsuit shall be deemed 
to be a person enriched in bad faith from the time such action was filed. 
CHAPTER V UNLAWFUL ACT 
Article 750 Content of Unlawful Act 
Any person who causes damage to or inflicts injuries on another person by an 
unlawful act intentionally or negligently is bound to make compensation for 
damages arising therefrom. 
Article 751 Compensation for Damages other than those to Property 
(1) A person who has injured the person, his liberty or reputation of another or 
has inflicted any mental anguish to another person, shall be liable to make 
compensation for damages arising therefrom as well as damages of property. 
(2) The court may order the guilty party to pay the compensation mentioned in 
Paragraph (1) by periodical payments, and may order such guilty party to offer a 
reasonable security in order to insure his performance of such obligation. 
Article 752 Consolation Money in case of Inflicted on Life 
A person who has caused the death of another person shall be liable for 
damages to the lineal ascendants, lineal descendants and the spouse, even in 
case where there has been no damage to their property. 
169 Article 753 Minor's doli capax IP/N/lIKORl1 
Page 581 
If, in case where a minor has caused damage to another, he was not in 
possession of sufficient intelligence to understand his responsibility for the act, 
he shall not be liable for damages for respect of such act. 
Article 754 Doli capax of a Person of Mental Unsoundness 
A person who, while in a state of mental unsoundness, has caused damage to 
another is liable for damages. However, this shall not apply, if he has brought 
upon himself mental unsoundness either intentionally or by his own negligence. 
Article 755 Liability of a Supervisor over a Person under Disability 
(1) A person who is under a legal duty to supervise a person under mental 
disability is bound, in cases where the latter is not responsible in accordance 
with Articles 753 and 754, to make compensation for any damage which the 
mentally unsound person has caused to a third person. However, this shall not 
apply, if the person so supervising has exercised reasonable care and was not 
guilty of negligence. 
(2) A person who supervises a mentally unsound person as a substitute for a 
person whose duty is to supervise shall also assume the liability mentioned in 
Paragraph (1). 
Article 756 Employer's Liability for Damages 
(1) A person who employs another to carry out an undertaking is bound to make 
compensation for damage done to a third person by the employee in the course 
of the execution of the undertaking. However, this shall not apply, if the 
employer has exercised due care in the appointment of the employee, and the 
supervision of the undertaking, or if the damage would have resulted even if 
due care had been exercised. 
(2) A person who supervises the undertaking in place of the employer shall also 
assume the responsibility mentioned in paragraph (1). 
170 IP/N/lIKORll 
Page 582 
(3) In the cases of Paragraphs (1) and (2), the employer or the supervisor may 
exercise the right to demand reimbursement from the employee. 
Article 757 Liability of the Person who Ordered Work to be Done 
The person who placed an order for work is not bound to make compensation 
for any damage caused to a third person by the contractor with respect to such 
work. However, this shall not apply if the person who ordered the work was 
guilty of gross negligence in placing the order or in providing instructions 
therefor. 
Article 758 Liability of the Occupant, Owner of Structure, etc. 
(1) If any damage has been caused to another person by reason of any defect 
in the construction or maintenance of a structure, the person in possession of 
the structure shall be liable in damages to the injured person. However if the 
person in possession has exercised due care in order to prevent the occurrence 
of such damage, compensation for the damage shall be made by the owner. 
(2) The provision of Paragraph (1) shall apply mutatis mutandis in case where 
there exists any defect in the planting or support of trees. 
(3) In the cases of Paragraphs (1) and (2), the possessor or owner may 
exercise the right to obtain reimbursement from the person who is responsible 
for the damage. 
Article 759 Liability of the Possessor of Animal 
(1) The possessor of an animal shall be liable for any damage caused by it to 
another person. However, this shall not apply, if the possessor has not 
neglected nor failed to give proper care according to the species and nature of 
the animal. 
(2) A person who has the custody of an animal for the possessor shall assume 
the responsibility mentioned in Paragraph (1). 
Article 760 Liability of the Joint Unlawful Actor 
171 IP/NIl/KORJl 
Page 583 
(1) If two or more persons have by their joint unlawful act caused damage to 
another, they are jointly liable to make compensation for such damage. 
(2) The same shall apply if it is impossible to ascertain which of the participants 
has caused the damage. 
(3) Instigators and accessories are deemed to be joint participants. 
Article 761 Self-Defense and Necessity 
(1) A person who, in order to protect his own interest or that of a third person 
against an unlawful act of another, unavoidably causes damages to another 
person shall not be liable in damages. However, the injured party may claim 
damages in respect of the unlawful act. 
(2) The provision of Paragraph (1) shall apply mutatis mutandis in cases here a 
person unavoidably caused damages to another person in order to avert an 
imminent danger. 
Article 762 Status of Unborn Child in respect of Claims for Damage 
An unborn child shall, in respect of his claim for damages, be deemed to have 
been already born. 
Article 763 Mutatis Mutandis Application 
The provisions of Articles 393, 394, 396 and 399 shall apply mutatis mutandis to 
claims for damages caused by an unlawful act. 
Article 764 Special Rule which Governs in the case of Defamation 
The court may, on the application of the injured party, order the person who has 
impaired another's fame to take suitable measures to restore the injured party's 
reputation, either in lieu of or together with damages. 
Article 765 Application for Reduction of Amount of Compensation 
(1) The person liable to make compensation in accordance with the provisions 
172 IP/N/IIKORll 
Page 584 
of this Chapter may apply to the court for reduction of the amount of 
compensation, where the damage was caused neither intentionally nor by gross 
negligence, and such payments shall be a severe hardship and cause harm to 
him and his family. 
(2) The court may, if the application mentioned in Paragraph (1) has been filed, 
reduce the amount of compensation after a study of the creditor's and obligor's 
respective financial situations and the cause giving rise to the damage. 
Article 766 Extinctive Prescription of the Right to Claim Damages 
(1) The right to claim damages which has arisen from an unlawful act shall 
elapse by prescription if not exercised within three (3) years from the time when 
the injured party or his legal representative becomes aware of such damage 
and of the identity of the person who caused it. 
(2) The same shall apply if ten (10) years have elapsed from the time when the 
unlawful act was committed. 
BOOK IV RELATIVES 
CHAPTER I GENERAL PROVISION 
Article 767 Definition of Relatives 
Spouse, blood relatives and relatives by affinity shall be relatives. 
Article 768 Definition of Blood Relatives 
One's lineal ascendants and lineal descendants shall be one's lineal blood 
relatives, and one's brothers and sisters, brother's and sister's lineal 
descendants, brothers and sisters of one's lineal ascendants and such brother's 
and sister's lineal descendants shall be collateral relatives. <Amended by Law 
No. 4199, Jan.13, 1990> 
Article 769 Lineal of Relatives by Affinity 
Spouses of blood relatives, blood relative of the spouse, and spouses of the 
173 IP/N/l/KORll 
Page 585 
blood relative of the spouse shall be relatives by affinity. <Amended by Law No. 
4199, Jan. 13, 1990> 
Article 770 Computation of Degree of Relationship of Blood Relative 
(1) The number of generations of a lineal blood relative shall be determined by 
computing the number of generations ascending from the person concerned to 
his or her ascendant or descending from him or her to his or her descendant. 
(2) The degree of relationship of a collateral relative shall be determined by 
computing the number of generations ascending from the person concerned to 
a lineal ascendant of common origin and then descending from such lineal 
ascendant of common origin to his or her lineal descendant. 
Article 771 Calculation of Degrees of Affinity 
The affinity shall be defined on the basis of degrees to blood relatives of the 
spouse for blood relatives of the spouse, and those to blood relatives for the 
spouse of blood relative. [This Article Wholly Amended by Law No. 4199, Jan. 
13,1990] 
Article 772 Parental Lineage and Degree of Relationship of Adopted Child 
(1) Parental lineage and the degree of relationship as between an adopted child 
on the one hand and the parent by adoption and his or her blood relatives and 
relatives by affinity on the other, shall be deemed from the time when an 
adoption has been made, the same as those of a child born while the father and 
mother are in matrimonial relation. 
(2) The degree of relationship of the spouse, lineal descendant and the spouse 
of such lineal descendant, of an adopted child shall be determined upon the 
basis of the parental lineage of an adopted child as Prescribed in Paragraph (1). 
Article 773 and 774 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 775 Extinction of Matrimonial Relation, etc. 
(1) Affinity shall be terminated by annulment of marriage, or divorce. <Amended 
174 IPlNllIKORll 
Page 586 
by Law. 4199, Jan. 13, 1990> 
(2) In case where one, husband and wife has died, if the surviving spouse has 
remarried, the provisions of Paragraph (1) shall also be applicable. <Amended 
by Law. 4199, Jan. 13, 1990> 
Article 776 Extinction of Relationship by Adoption 
Relationship arising due to an adoption shall be terminated by revocation or 
dissolution of the adoptive relation. 
Article 777 Scope of Relatives 
Legal effect taken by relationship shall extend to those who fall under any of the 
following Subparagraphs unless this Code or other laws provide otherwise: 
1. Blood relatives within eighth degree of relationship; 
2. Affinity relatives within fourth degree of relationship; and 
3. Spouse. 
[This Article Wholly Amended by Law No. 4199, Jan. 13, 1990] 
CHAPTER 11 HEAD OF FAMILY AND FAMILY MEMBERS 
Article 778 Definition of Head of Family 
A person who has succeeded to the family lineage or has set up a branch family, 
or who has established a new family or has restored a family for any other 
reason, shall become the head of a family. 
Article 779 Scope of Family Members 
The spouse, blood relative and his spouse of the head of a family and any other 
person who has his or her name entered in the family register in accordance 
with the provisions of this Code, shall become members of the family. 
Article 780 Replacement of Head of Family and Members of Family 
If the head of a family has been replaced, family members of the former head of 
a family shall become the family members of the new head of a family. 
175 IPINIlIKORl1 
Page 587 
Article 781 Entry into Family Register and Surname and Origin of Surname, of 
Child 
(1) A child shall assume its father's surname and the origin of surname and 
shall have its name entered in its father's family register. 
(2) A child whose father is not recognizable shall assume its mother's surname 
and the origin of surname, and shall have its name entered in its mother's family 
register. 
(3) A child whose father and mother are not recognizable shall, with the 
approval of the court, establish a new surname and the origin of surname, and 
shall establish a new family. However, if the father or mother of a child become 
recognizable after a child has established a new surname and the origin of 
surname, the child shall assume its father's or mother's surname and the origin 
of surname. 
Article 782 Entry into Family Register for Child Born out of Wedlock 
(1) If a member of a family gives a birth to a child out of wedlock, he may have 
his child's name entered in his family register 
(2) If it is impossible for a child born out of wedlock to have its name entered in 
its father's family register, the child's name may be entered into its mother's 
family register, and if it is impossible for the child to have its name entered in its 
mother's family register, the child may establish a new family. 
Article 783 Entry into Family Register for Adopted Child and his Spouse, etc. 
The spouse, lineal descendant and his spouse, of an adopted child shall have 
their names together with the name of the adopted child entered in the adopting 
family register 
Article 784 Entry into Family Register for Wife's Lineal Descendants Who are 
not her Husband's Blood Relatives 
(1) If a wife has lineal descendants who are not husband's blood relatives, she 
176 IPIN/1/KORll 
Page 588 
may, upon the consent of her husband, have their names entered in her 
husband's family register. <Amended by Law No. 4199, Jan. 13, 1990> 
(2) If, in the cases mentioned in Paragraph (1), the wife's lineal descendants are 
members of another family, their entry into her husband's register shall be 
subject to the consent of the head of such family. 
Article 785 Entry into Family Register for Lineal blood Relatives of Head of 
Family 
The head of a family may have the names of his own lineal ascendants or 
descendants who are not the head of another family register, entered into his 
own family register. 
Article 786 Returning Family Register of Adopted Child and his Spouse, the 
etc. to Their Original Family Register 
(1) The family register of an adopted child, his spouse, lineal descendants and 
their spouse shall be returned to the original family register by the effect of 
revocation or dissolution of adoptive relation. 
(2) If, in the cases mentioned in Paragraph (1), the original family has become 
extinct or no successor to the lineage of such family exists, the adopted child 
and others may restore the original family or establish a new family. 
Article 787 Returning in Family of Wife, etc. and Establishment of New Family 
(1) The family register of a wife and her lineal descendants who are not her 
husband's blood relatives shall be returned to her native family register or 
establish a new family by the effect of revocation of marriage or divorce. 
<Amended by Law No. 4199, Jan. 13, 1990> 
(2) The family register of a wife and her lineal descendants who are not her 
husband's blood relatives may, if her husband has died, be returned to her 
native family register or establish a new Family. <Amended by Law No. 4199, 
Jan. 13, 1990> 
(3) If, in the cases mentioned in paragraphs (1) and (2), the wife's original family 
177 IPlNlllKORll 
Page 589 
has become extinct or no successor to the lineage of such family exists, or it is 
impossible for the wife and her lineal descendants to return to her native family 
register for any other reason, she may restore her native family. <Amended by 
Law No. 4199, Jan. 13, 1990> 
Article 788 Setting up Branch Family 
(1) A member of a family may set up a branch family. <Amended by Law No. 
4199, Jan. 13, 1990> 
(2) If a minor desires to set up a branch family, he shall obtain the' consent of his 
legal representative. 
Article 789 Legal Branch Family 
Any member of a family shall establish rightly a branch family when he gets 
married, except in case where he is a lineal descendant and the eldest son of 
the head of a family. [This Article Wholly Amended by Law No. 4199, Jan. 13, 
1990] 
Article 790 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 791 Head of Branch Family and its Family Members 
(1) The spouse, lineal descendants and their spouses, of the head of a branch 
family shall have their names entered in the branch family register. 
(2) The lineal ascendants of the head of a branch family, who are not blood 
relatives of the head of the head family may have their names entered in the 
branch family register. 
Article 792 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 793 Adoption of Family Head and Extinguishment of Family 
The person who became the head of a family by establishing a new 
family(household) or setting up a branch family may extinguish his old family in 
order to be adopted by another family. 
178 IP/N/lIKORlI 
Page 590 
Article 794 Marriage of Female Head and Extinguishment of Family 
The female head of a family may extinguish her family in order to become 
married. 
Article 795 Family Head Whose Name entered into Another family Register 
and his Family Members 
(1) If the head of a family extinguishes his family and has his name entered in 
another family register, the names of his family members also shall be entered 
in another family register. 
(2) If, in the cases mentioned in Paragraph (1), a member of a family is not 
allowed or does not wish to have his name entered in another family register, he 
shall establish a new family. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 796 Special Property Belonging to Member of Family 
(1) A property acquired by a member of a family under his own name shall be 
treated as his special property. 
(2) If it is not clear as to whether a piece of property belongs to any member of 
a family, it shall be presumed to be owned jointly by the family. <Amended by 
Law No. 4199, Jan. 13, 1990> 
Article 797 to 799 Deleted. <by Law No. 4199, Jan. 13, 1990> 
CHAPTER III MARRIAGE 
SECTION 1 Matrimonial Engagement 
Article 800 Freedom of Matrimonial Engagement 
Any adult person may freely enter into a matrimonial engagement. 
Article 801 Proper Age for Matrimonial Engagement 
179 IP/N/l/KORl1 
Page 591 
A man who has attained full eighteen years of age and woman who has 
attained full sixteen years of age may enter into a matrimonial engagement 
upon the consent of his or her parents or guardian. The Provisions of Article 
SOS shall be applicable mutatis mutandis to this case. 
Article S02 Matrimonial Engagement for Incompetent 
An incompetent may enter into a matrimonial engagement upon consent of his 
or her parents or guardian. The provisions of Article S08 shall be applicable 
mutatis mutandis to this case. 
Article S03 Prohibition of Compulsory Performance of Marriage Contract 
No person may apply to the court for compulsory performance of a marriage 
contract. 
Article S04 Reasons for Dissolution of Matrimonial Engagement 
In case anyone of the reasons as provided for in the following Subparagraphs 
is attributable to anyone party to a matrimonial engagement, the other party 
may dissolve such engagement: <Amended by Law No. 4199, Jan. 13, 1990> 
1. If one of the parties has been sentenced to punishment of more than 
suspension of qualification; 
2. If one of the parties has been adjudicated as incompetent or limited 
incompetent after the conclusion of matrimonial engagement; 
3. If one of the parties has been suffering from venereal disease, incurable 
psychosis or any other incurable malignant disease; 
4. If one of the parties is engaged to or has married a person other than the 
party to the engagement after the conclusion of matrimonial engagement; 
5. If one of the parties has committed adultery with another person after the 
conclusion of matrimonial engagement; 
6. If the death and life of one of the parties has been unknown for more than 
one year after the conclusion of matrimonial engagement; 
7. If one of the parties has refused or delayed marriage without due reason; 
and 
S. If there exists any other cogent reason to the other party. 
Article SOS Method of Dissolution of Engagement 
180 IP/N/lIKORll 
Page 592 
Dissolution of a matrimonial engagement shall be effected by the declaration of 
intention of one party to the other party. However, in case when a party is 
unable to make any declaration of intention to the other party, such engagement 
shall be deemed to have been dissolved when the cause of such dissolution 
becomes known to the other party. 
Article 806 Dissolution of Engagement and Claims for Damages 
(1) When an engagement has been dissolved between the parties, one party 
may claim from the other party damages because of the negligence of the other 
party. 
(2) The injured party shall be entitled to seek redress in damages for mental 
anguish in addition to property damages as stated in Paragraph (1). 
(3) Claims for damages for mental anguish may not be assigned or succeeded. 
However, this shall not apply to the case where a contract concerning indemnity 
has already been entered into between the parties or after an action on a claim 
for damages the been instituted. 
SECTION 2 Formation of Marriage 
Article 807 Marriageable Age 
A man who has completed his full eighteen years of age, and a woman who has 
completed her full sixteen years of age, may enter into matrimony. 
Article 808 Marriage Requiring Consent 
(1) A minor shall obtain the consent of both of his or her parents in order to 
marry. If either his or her father or mother is unable to exercise the right of 
consent, he or she shall obtain the consent of the other parent, and if both of his 
or her parents are unable to exercise the right of consent, he or she shall obtain 
the consent of his or her guardian. 
(2) An incompetent may marry by obtaining the consent of his or her parent or 
guardian. 
181 IP/NI 1 IKORll 
Page 593 
(3) In cases of Paragraphs (1) and (2), if a minor or an incompetent does not 
have his or her parent or guardian, or his or her parent or guardian is unable to 
give consent, he or she may marry with the consent of his or her family council. 
[This Article Wholly Amended by Law No. 3051, Dec. 31, 1977] 
Article 809 Prohibition of Marriage between the Parties Whose Surname and 
Origin of Which are Common 
(1) A marriage may not be allowed between the blood relatives, if both surname 
and the origin of which are common to the parties. 
(2) A marriage may not be allowed the parties if either of them is and was the 
spouse of a male line blood relative, husband's blood relative and any other 
relative by affinity within eighth degree of relationship. 
Article 810 Prohibition of Bigamy 
A person who has a spouse may not be allowed to enter into another contract of 
marriage. 
Article 811 Period to Prohibit Remarriage 
A woman may not remarry unless six months have elapsed from the day of the 
termination of her previous marriage: Provided, That if she gives birth after the 
termination of her previous matrimonial relation, this shall not apply. 
Article 812 Formation of Marriage 
(1) A marriage shall take effect by submission of a report thereof in accordance 
with the provisions of the Family Registration Act. 
(2) The report mentioned in Paragraph (1) shall be submitted in writing with the 
joint signature of both parties and two witnesses of full age. 
Article 813 Examination of Marriage Report 
Marriage Report shall be accepted unless a marriage is in violation of the 
182 IPINIlIKORl1 
Page 594 
provisions of Articles 807 to 811 and Paragraph (2) of Article 812, and of any 
other laws and decrees. 
Article 814 Marriage Report on Territory of Foreign State 
(1) The report of a marriage between Korean nationals who are in the territory 
of a foreign state may be submitted to the Korean Ambassador, Minister 
Potentiary or Consul stationed in that State. 
(2) The Ambassador, Minister Potentiary or Consul who has received such 
report as mentioned in Paragraph (1) shall transmit such report and any other 
documents attached thereto to the pertinent family registration officer of home 
State without delay. 
SECTION 3 Nullity and Annulment of Marriage 
Article 815 Nullity of Marriage 
A marriage is null and void if it falls under any of the following Subparagraphs: 
1. Where there is no common consent to marry between the parties; 
2. Where there exists or existed between the parties the relationship of lineal 
blood relative, collateral blood relative within the eighth degree of relationship 
and spouse to one of such relatives; and 
3. Where there exists or existed between the parties the relationship of lineal 
relative by affinity and relative by affinity of husband's blood relative within the 
eighth degree of relationship. 
Article 816 Reason to Effect Annulment of Marriage 
An application to the court for an annulment of a marriage may be made if it 
falls under any of the following Subparagraphs: <Amended by Law No. 4199, 
Jan. 13, 1990> 
1. Where a marriage is in violation of the provisions of Articles 807 to 811 
inclusive; 
2. When at the time of marriage one of the parties was unaware that the other 
party has been suffering from a malignant disease and has had any other 
serious reason which may make marital life unable to continue; and 
3. When one or both of the parties has made declaration of intention to 
183 contract a marriage by being induced by fraud or duress. IP/N/1/KORll 
Page 595 
Article 817 Applicants for Annulment of Marriage in Violation of Legal 
Marriageable Age, etc. 
In the case of a marriage contracted in violation of the provisions of Articles 807 
and 808, an application may be made to the court for an annulment of said 
marriage by either party thereto or either party's legal representative, and in 
case of a marriage contracted in violation of the provision of Article 809, an 
application may be made to the court for an annulment of said marriage by 
either party thereto, either party's lineal ascendants or collateral blood relatives 
within the eighth degree of relationship. 
Article 818 Applicants for Annulment of Bigamy, etc. 
In the case of marriage contracted in violation of the provision of Article 810, an 
application may be made to the court for an annulment of said marriage by 
either party thereto, either party's spouse, either party's lineal ascendants or 
collateral blood relatives within the eighth degree of relationship or a public 
prosecutor, and in the case of a marriage contracted in violation of the provision 
of Article 811, an application may be made to the court for its annulment by 
either party thereto, either party's former spouse or either party's lineal 
ascendants. 
Article 819 Extinguishment of Right of Application for Annulment of Marriage 
without Consent 
In the case of a marriage contracted in violation of the provisions of Article 808, 
no application may be made to the court for its annulment, if three months have 
elapsed from the day on which either party had attained his majority or the 
adjudication of incompetency of either party had been rescinded, or if the 
woman has become pregnant while she has been maintaining matrimonial 
relation. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 820 Extinguishment of Right of Application for Annulment of Marriage 
of Common Surname, etc. 
No application may be made to the court for the annulment of a marriage 
184 IP/N/lIKORll 
Page 596 
contracted in violation of the provIsIons of Article 809, if a child was born 
between the parties during the existence of marriage. 
Article 821 Extinguishment of Right of Application for Annulment of Marriage 
in Violation of Period to Remarry 
No application may be made to the court for the annulment of a marriage 
contracted in violation of the provisions of Article 811 after the lapse of six 
months from the day of the termination of the previous marriage relation or in 
case where the woman has become pregnant after her remarriage. 
Article 822 Extinguishment of Right of Application for Annulment of Marriage 
for Reasons i.e., Malignant Disease, etc. 
No application may be made for the annulment of a marriage for the reasons 
which fall under the provisions of Subparagraph 2 of Article 816 after the lapse 
of six months from the day on which one of the parties was aware that the other 
party had such reason or cause. 
Article 823 Extinguishment of Right of Application for Annulment of Marriage 
Induced by Fraud or Duress 
Any application may not be made to the court for the annulment of a marriage 
induced by fraud or duress, if three months have elapsed from the day on which 
the party discovered the fraud, or became free from the duress. 
Article 824 Effect of Annulment of Marriage 
The annulment of a marriage shall not be effective retroactively 
Article 825 Annulment of Marriage and Right to Claim Damages 
The provisions of Article 806 shall be applicable mutatis mutandis in cases of 
the nullity and annulment of a marriage. 
SECTION 4 Effect of Marriage 
Sub-section 1 General Effect 
185 Article 826 Duties of Husband and Wife IP/N/IIKORll 
Page 597 
(1) Husband and wife shall live together, and shall furnish support and aid each 
other. It is, however, provided that when husband and wife do not live together 
temporarily for a due reason, both parties must tolerate it. 
(2) The place where husband and wife live together, shall be determined by an 
agreement between them. However, if they fail to reach an agreement, it shall 
be determined by the Family Court upon a request of parties. <Amended by 
Law No. 4199, Jan. 13, 1990> 
(3) The wife shall have her name entered in husband's family register. It is 
provided, however, that when the wife is the head or the successor of headship 
or her parent's family, the husband may have his name entered in his wife's 
family register. <Amended by Law No. 4199, Jan. 13, 1990> 
(4) In the case of the proviso of Paragraph (3), a child born between husband 
and wife shall assume the mother's surname and the origin of surname, and 
shall have his or her name entered in mother's family register. 
Article 826-2 Attaining Majority by Marriage 
If a minor enters into marriage, he or she shall be deemed, by reason thereof, to 
have attained majority. [This Article Newly Inserted by Law No. 3051, Dec. 31, 
1977] 
Article 827 Right of Proxy between Husband and Wife for Home Affairs 
(1) Husband and wife shall exercise the right of proxy for each other on daily 
household matters. 
(2) Restriction upon the right of proxy as mentioned in Paragraph (1) may not 
be set up against the third person acting in good faith. 
Article 828 Revocation of Contract Entered between Husband and Wife 
A contract entered into between husband and wife may be revoked by either of 
186 IP/N/lIKORl1 
Page 598 
them at any time during the subsistence of marriage. However, the rights of 
third persons may not be prejudiced thereby. 
Sub-section 2 Effect on Property 
Article 829 Engagement and Alteration of Matrimonial Property 
(1) If a husband and wife have not, prior to the formation of marriage, entered 
into a contract which provides otherwise with respect to their property, their 
property relation shall be governed by the provision of each Article of this Sub­
section. 
(2) If a husband and wife have, prior to the formation of marriage, entered into a 
contract which provides with respect to their property, their property may not be 
altered during the subsistence of marriage. However, if there is a due reason to 
alter their property, such property may be altered upon the approval of the court. 
(3) If, in case where one spouse manages the property of the other, in 
accordance with the provisions of such contract referred to in Paragraph (2), 
and such property is imperiled by mismanagement, the other spouse may apply 
to the court to permit such spouse to undertake the management thereof, and if 
such property is common property between husband and wife, the other spouse 
may apply to the court for the partition of such property. 
(4) In case husband and wife have entered into a contract which provides 
otherwise with respect to their property, such contract may not be enforced 
against their successors in title of the husband or wife or third persons unless it 
is registered prior to the formation of their marriage. 
(5) In case the manager has been changed or a partition of property in joint 
ownership has been effected, in accordance with the provisions of Paragraphs 
(2) and (3) or as .the result of a contract, such change or partition may not be 
enforced against the successors in title of the husband or wife or against third 
person's unless it has been registered. 
Article 830 Special Property and Property the Title of Which is Unknown 
(1) Inherent property belonging to either husband or wife from a time prior to the 
187 IPINIlIKORJ1 
Page 599 
marriage and property acquired during the subsistence of the marriage in his or 
her own name shall constitute his or her special property. 
(2) Any property the title of which is uncertain whether it belongs to the husband 
or wife, shall be presumed to be in their co-ownership. <Amended by Law No. 
3051, Dec. 31, 1977> 
Article 831 Management of Special Property, etc. 
Husband or Wife shall manage, use and take profit from his or her property 
separately. 
Article 832 Joint Liability for Obligations with respect to Household Matters 
If, with respect to daily household matters, one spouse has effected a juristic act 
with a third person, the other spouse shall be jointly liable for the obligations 
therefrom. However, this shall not apply when a previous notice, to the effect 
that the other spouse will not assume the liability, has been clearly given to the 
third person. 
Article 833 Living Expenses 
Living expenses for cohabitation of husband and wife shall be borne jointly by 
them, unless a special stipulation has been made between them. 
SECTION 5 Divorce 
Sub-section 1 Divorce by Agreement 
Article 834 Divorce by Agreement 
Husband and wife,may effect divorce by agreement. 
Article 835 Divorce by Agreement for Incompetent Person 
The provisions of Article 808 (2) and (3) shall be applicable to a divorce by 
agreement for an incompetent person. 
188 IP/N/IIKORll 
Page 600 
Article 836 Formation of Divorce and Method of Reporting 
(1) Divorce by agreement shall take effect upon reporting of it in accordance 
with the provisions of the Family Registration Act after obtaining the 
confirmation of the Family Court. 
(2) The report as mentioned in Paragraph (1) shall be filed in writing with joint 
signature of both parties and two witnesses who are adults. 
Article 837 Divorce and Responsibility for Fostering and Education of their 
Children 
(1) The parties shall determine by agreement matters concerning fostering and 
education of their children. <Amended by Law No. 4199, Jan. 13, 1990> 
(2) In case an agreement on the matters concerning fostering and education as 
set forth in Paragraph (1) has not been made or able to make, the Family Court 
may, upon the application filed by the parties, decide the matters necessary for 
such fostering and education by taking into consideration of the age of their 
child or children, property status of the father and mother and any other 
circumstances thereof, and the Family Court may change at any time such 
matters or may take any other proper disposition. <Amended by Law No. 4199, 
Jan. 13, 1990> 
(3) Except for matters relating to fostering and education, the provisions of 
Paragraph (2) shall not effect any change of the right and duty of the parent. 
<Amended by Law No. 4199, Jan. 13, 1990> 
Article 837-2 Right to Interview and Negotiation 
(1) Father or mother who does not bring up directly his or her child or children, 
shall have the right to interview and negotiation. 
(2) If it is required for the welfare of a child or children, the Family Court may, 
upon a request of the party, restrict or exclude such interview and negotiation. 
[This Article Newly Inserted by Law No. 4199, Dan. 13, 1990] 
Article 838 Claims for Revocation of Divorce induced by Fraud and Duress 
189 IP/N/1/KORl1 
Page 601 
Any person who has made a declaration of intention of his or her divorce by 
fraud or duress may make application to the Family Court for revocation of 
divorce. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 839 Mutatis Mutandis Application 
The provisions of Article 823 shall be applicable mutatis mutandis to the cases 
of divorce by agreement. 
Article 839-2 Claim for Division of Property 
(1) One of parties who has been divorced by agreement, may claim a division of 
property against the other party. 
(2) If no agreement is made for a division of property as referred to in 
Paragraph (1), or if it is impossible to reach an agreement, the Family Court 
shall, upon request of the parties, determine the amount and method of division 
taking into consideration the amount of property realized by cooperation of both 
parties and other circumstances. 
(3) The claim for division of property as referred to in Paragraph (1) shall be 
extinguished at the expiration of two years from the day of divorce. [This Article 
Newly Inserted by Law No. 4199, Dan. 13, 1990] 
Sub-section 2 Judicial Divorce 
Article 840 Causes for Judicial Divorce 
Husband or wife may apply to the Family Court for a divorce in each case 
mentioned in the following Subparagraphs: <Amended by Law No. 4199, Jan. 
13, 1990> 
1. If the other spouse has committed an act of unchastity; 
2. If he or she has been deserted maliciously by the other spouse; 
3. If one spouse has been extremely maltreated by the other spouse or his! 
her lineal ascendants; 
4. If one spouse's lineal ascendant has been extremely maltreated by the 
other spouse; 
190 IP/N/1/KORll 
Page 602 
5. If the death or life of the other spouse has been unknown for three years; 
and 
6. If there exists any other cogent reason for which it is difficult for him or her 
to continue the marriage. 
Article 841 Extinguishment of Right to Apply for Divorce due to Unchastity 
With respect to the reason mentioned in Subparagraph 1 of Article 840, in case 
the other spouse has given a previous consent or an ex post facto tolerance to 
the other party or after the lapse of six months since the day on which the other 
spouse was aware of such act of unchastity or after the lapse of two years since 
the happening of such event, the other spouse may not apply to the court for a 
divorce. 
Article 842 Extinguishment of Right to Apply for Divorce due to any other 
Reason 
With respect to the reason as provided for in Subparagraph 6 of Article 840, one 
spouse may not apply to the court for divorce after the lapse of six months since 
the day on which the other spouse was aware of such reason or after the lapse 
of two years since such reason has occurred. 
Article 843 Mutatis Mutandis Application 
The provisions of Article 806, 837, 837-2 and 839-2 shall be applicable mutatis 
mutandis to the case of judicial divorce. <Amended by Law No. 4199, Jan. 13, 
1990> 
CHAPTER IV PARENTS AND CHILDREN 
SECTION 1 Children of Natural Father 
Article 844 Presumption as Husband's Child 
(1) A child conceived by a wife during the sUbsistence of marriage shall be 
presumed to be the child of the wife's husband. 
(2) A child born two husband days after the day on which the marriage was 
191 IP/NIl/KORll 
Page 603 
formed or born within three hundred days from the day on which the 
matrimonial relation was terminated, shall be presumed to have been conceived 
during the subsistence of marriage. 
Article 845 Determination of Father by Court 
If a woman who has remarried in contravention of the provisions of Article 811 
has given birth to a child, and it is impossible to determine the father of the child 
in accordance with the provisions of Article 844, the court shall, upon the 
application of the party concerned, determine the paternity of the child. 
Article 846 Denial of Paternity of Child 
The husband may, in any case mentioned in Article 844, deny that he is the 
natural father of the child. 
Article 847 Action of Denial of Paternity 
(1) An action of denial shall be brought against the child or the mother of 
parental authority within one year from the day on which the husband became 
aware of the child's birth. 
(2) In case there is no mother of parental authority, the court shall appoint a 
special representative. 
Article 848 Incompetent's Action of Denial of Paternity 
(1) In case the husband is a person adjudged incompetent, his guardian may, 
upon the consent of the family council, bring an action of denial of paternity of a 
child. 
(2) If, in the case. of Paragraph (1), the guardian has not brought an action of 
denial, the person adjudged incompetent may bring an action of denial within 
one year after the revocation of the adjudication of incompetency. 
Article 849 Denial of Paternity after Death of Child 
If any lineal descendant of a child survives after the death of the child, the 
192 IPINIlIKORl1 
Page 604 
husband may bring an action of denial against the descendant's mother, or if 
such mother does not survive, against the public prosecutor. 
Article 850 Denial of Paternity by Will 
In case where the husband has expressed an intention of denial by will, the 
executor shall bring an action of denial. 
Article 851 Death of Husband before Birth of Child and Denial of Paternity 
In case the husband has died before the birth of a child or within the period 
mentioned in Paragraph (1) of Article 847, only the lineal ascendant or lineal 
descendant of the husband may bring an action of denial within one year from 
the day on which the death of husband was aware of the death. 
Article 852 Extinction of the Right of Denial of Paternity 
If the husband recognizes his child after its birth as his child, he may not bring 
an action of denial again. 
Article 853 Recognition of Paternity after the Conclusion of an Action 
The husband may recognize the paternity of a child even after the conclusion of 
an action of denial. 
Article 854 Revocation of a Recognition caused by Fraud or Duress 
Recognition mentioned in Articles 852 and 853 caused by fraud or duress, shall 
be revocable. 
Article 855 Recognition 
(1) A child born out of wedlock may be recognized by its father or mother. When 
the marriage of the parent becomes null and void, the child born between them 
shall be deemed to be a child born out of wedlock. 
(2) A child born out of wedlock, when his father and mother marry, shall be 
deemed to be a child born during marriage from the time of their marriage. 
193 Article 856 Recognition by an Incompetent IPINIlIKORl1 
Page 605 
In case the father is a person adjudged incompetent, he may recognize himself 
as being the father of his child with the consent of the guardian 
Article 857 Recognition of a Deceased Child 
Even after a child has died, if his lineal descendant survives, he may be 
recognized as the lawful child. 
Article 858 Legitimation of a Child en ventre sa mere 
A Father may recognize even a child en ventre sa mere. 
Article 859 Effectiveness of Recognition 
(1) Legitimation shall become effective when it is so reported in accordance with 
the provisions of the Family Registration Act. 
(2) Recognition may be effected by will. In this case it shall be incumbent upon 
the executor to make this fact known by submitting a report. 
Article 860 Retroactive Effect of Recognition 
Recognition shall be effective retroactively as from the time of birth. However, 
the right acquired by third persons(prior thereto) shall not be prejudiced thereby. 
Article 861 Revocation of Recognition 
In case recognition has been made due to fraud, duress or grave error, it may 
be revocable with the approval of the court within six months from the day on 
which such fraud or error was aware of, or such duress ceased to be applied. 
Article 862 Action of Demurrer against Recognition 
A child or any other person interested may bring an action of demurrer against a 
recognition within one year from the day on which he was aware of that a report 
194 IPlNlllKORJl 
Page 606 
of such recognition has been filed. 
Article 863 Action Demanding Recognition 
A child, any of its lineal descendants or the legal representative of any of them, 
may bring an action against its father or mother demanding recognition by its 
father or mother. 
Article 864 Death of Father or Mother and Action Demanding Recognition 
In the cases mentioned in Articles 862 and 863, if the father or mother of a child 
is deceased, an action of demurrer or action demanding recognition may be 
brought against the public prosecutor within one year from the day on which the 
death of the father or mother became known. 
Article 865 Action Demanding Confirmation or Denial of the Existence of 
Paternity due to any other Reasons 
(1) A person who may bring an action in accordance with the provisions of 
Articles 845, 846, 848, 850, 851, 862 and 863, may bring an action demanding 
confirmation or denial or the existence of paternity for any reason other than 
those mentioned in the aforesaid Articles. 
(2) In the cases mentioned in Paragraph (1), if one party to an action has died, 
the other party may bring an action against the public prosecutor within one 
year from the day on which the death of a party to an action was known to the 
other party. 
SECTION 2 Adoption 
Sub-section 1 Requisites for Adoption 
Article 866 Capacity for Adoption 
Any person who has attained majority may adopt another as his child. 
Articles 867 and 868 Deleted. <by Law No. 4199, Jan. 13, 1990> 
195 IP/N/l/KORll 
Page 607 
Article 869 Assent to Adoption of a Person under Fifteen Years of Age 
If the person to be adopted is under fifteen years of age, his legal representative 
shall assent to the adoption in his behalf. [This Article Wholly Amended by Law 
No. 4199, Jan. 13, 1990] 
Article 870 Consent to Adoption 
(1) The person to be adopted shall obtain the consent of his father and mother 
and if consent cannot be obtained from the father and mother to the adoption 
due to death or any other cause the consent of any other cause the consent of 
any other lineal ascendant, if any, shall be obtained. 
(2) In case as referred to in Paragraph (1), if there are several lineal ascendants, 
the priority shall be put on the closest ascendant, and if there are several 
persons in the same order, the priority shall be put on the oldest person. 
<Amended by Law No. 4199, Jan. 13, 1990> 
Article 871 Consent to Adoption of Minor 
If the person to be adopted has not attained majority and he has neither a father 
nor a mother or any other lineal ascendants, he shall obtain the consent of his 
guardian. However, the consent of guardian shall be approved by the Family 
Court. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 872 Adoption between Guardian and Ward 
A guardian shall obtain the permission of the Family Court, if he adopts his ward. 
<Amended by Law No. 4199, Jan. 13, 1990> 
Article 873 Adoption of Incompetent Person 
An incompetent person may, upon the consent of his guardian, adopt a child or 
may be adopted by another. 
Article 874 Joint Adoption of Husband and Wife 
(1) When a person who has a spouse, adopts a child, he or she shall do it 
196 IP/N/l/KORll 
Page 608 
jointly with his or her spouse. 
(2) When a person who has a spouse, is adopted, he or she shall obtain the 
consent of the other party. [This Article Wholly Amended by Law No. 4199, Jan. 
13,1990] 
Article 875 and 876 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 877 Prohibition of Adoption 
(1) No ascendant or person of elder age may be adopted. 
(2) Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 878 Effectiveness of Adoption 
(1) An adoption becomes effective when a report of adoption as provided for in 
the Family Registration Act has been submitted. 
(2) The report mentioned in Paragraph (1) shall prepared in writing with joint 
signature of both parties and two witnesses who are in full age. 
Articles 879 and 880 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 881 Examination of Adoption Report 
Adoption report shall be accepted unless the adoption is contrary to the 
provisions of Articles 866 to 877, Paragraph (2) of Article 878 and any other 
laws and decrees. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 882 Adoption Report on Territory of Foreign Country 
The provisions of Article 814 shall apply mutatis mutandis to the cases of 
adoption. 
Sub-section 2 Nullity and Annulment of Adoption 
Article 883 Causes of Nullity of Adoption 
197 IP/N/lIKORll 
Page 609 
An adoption shall be null and void if it falls under any of the following 
Subparagraphs: 
1. Where there is no common consent to an adoption between the parties; 
and 
2. Where an adoption is contrary to the provisions of Article 869 and 
Paragraph (1) of Article 877. 
Article 884 Causes of Annulment of Adoption 
If an adoption falls under any of the following Subparagraphs, an application 
may be made to the Family Court for its annulment: <Amended by Law No. 
4199, Jan. 13, 1990> 
1. Where an adoption is contrary to the provisions of Articles 866 and 870 to 
874; 
2. Where there is no knowledge of the fact that the child to be adopted or 
his parents has been suffering from a malignant disease or has had any other 
serious reason at the time of adoption; and 
3. Where an intention of adoption was expressed by fraud or duress. 
Article 885 Applicants for Annulment of Adoption 
If an adoption has been made in violation of the provisions of Article 866, an 
application may be made to the court for the annulment of said adoption by 
adoptive parents, adopted child or his legal representative and lineal blood 
relative. [This Article Wholly Amended by Law No. 4199, Jan. 13, 1990] 
Article 886 Applicants for Annulment of Adoption 
In case where an adoption has been made in violation of the provisions of 
Article 870, the person entitled to give consent to an adoption may file an 
application to the. court for the annulment of adoption, and if an adoption has 
been made in violation of the provisions of Article 871, the adopted child, the 
legal representative or the person entitled to give consent to an adoption, may 
file an application to the court for the annulment. <Amended by Law No. 4199, 
Jan. 13, 1990> 
Article 887 Applicants for Annulment of Adoption 
198 IP/N/lIKORl1 
Page 610 
If an adoption has been made in violation of the provision of Article 872, an 
application may be filed with the court for its annulment by the ward or a 
member of family council, and if an adoption has been made in violation of the 
provisions of Article 873, an application may be filed for its annulment by the 
incompetent or the guardian. 
Article 888 Applicants for Annulment of Adoption 
If an adoption has been made in violation of the provisions of Article 874, an 
application may be filed for its annulment by the spouse. [This Article Wholly 
Amended by Law No. 4199, Jan. 13, 1990] 
Article 889 Extinction of Right to Apply to Court for Annulment of Adoption 
In the case of an adoption contracted in violation of the provisions of Article 866, 
no application may be made to the court for its annulment after the adoptive 
parents have reached their majority. 
Article 890 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 891 Extinction of Right to Apply to Court for Annulment of Adoption 
In the case of an adoption contracted in violation of the provisions of Article 871, 
no application may be made to the court for its annulment, if three months have 
elapsed after the adopted child attained his majority or if the adopted child has 
died. 
Article 892 Extinction of Right to Apply to Court for Annulment of Adoption 
In the case of an adoption contracted in violation of the provisions of Article 872, 
no application may be made to the court for its annulment, if six months have 
elapsed after the termination of account of management due to the termination 
of guardianship. 
Article 893 Extinction of Right to Apply to Court for Annulment of Adoption 
In the case of an adoption contracted in violation of the provision of Article 873, 
199 IP/N/IIKORl1 
Page 611 
no application may be made for its annulment after the lapse of three months 
from the time when the adjudication of incompetency has been revoked. 
Article 894 Extinction of Right to Apply to Court for Annulment of Adoption) 
In the case of an adoption contracted in violation of the provisions of Article 870 
or 874, no application may be made to the court for its annulment after the 
lapse of six months from the day on which the adoptive parent became aware of 
any reason or cause thereof, or after the lapse of one year from the day on 
which any reason or cause thereof occurred. 
Article 895 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 896 Extinction of Right to Apply to Court for Annulment of Adoption 
In case of an adoption of which there is any reason or cause falling under the 
provision of Subparagraph 2 of Article 884, no application may be made to the 
court for its annulment after the lapse of six months from the day on which 
either the adoptive parent or adopted child was aware of any reason or cause 
thereof. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 897 Mutatis Mutandis Application 
The provisions of Article 823 and 824 shall apply mutatis mutandis to the cases 
of annulment of adoption, and the provisions of Article 806 shall apply mutatis 
mutandis to the case of invalidation or annulment of adoption. 
Sub-section 3 Dissolution of Adoptive Relation 
(I) Dissolution of Adoptive Relation by Agreement 
Article 898 Dissolution of Adoption by Agreement 
(1) Adoptive parent and adopted child may, by agreement, dissolve the adoptive 
relation. 
(2) Deleted. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 899 Dissolution of Adoptive Relation by Agreement for Person under 
200 IP/N/lIKORl1 
Page 612 
Fifteen Years of Age 
If an adopted child is under fifteen years of age, the person who assented to the 
adoption in accordance with the provisions of Article 869 shall, if he desires a 
dissolution of the adoption, consult with the adoptive relative in place of the 
adopted child. However, if the person who assented to the adoption is unable to 
consult with the adoptive relative regarding dissolution of the adoption because 
of death or any other reason or cause, such consultation shall be made with 
another lineal ascendant of his native family. 
Article 900 Dissolution of Adoptive Relation by Agreement for Minor 
If an adopted child is a minor, he may enter into consultation for dissolution of 
adoptive relation with the consent of the person entitled to give consent to an 
adoption pursuant to the provision of Article 871. 
Article 901 Mutatis Mutandis Application 
In cases as prescribed in Articles 899 and 900, if there are several lineal 
ascendants, the provisions of Article 870 (2) shall be applicable. [This Article 
Wholly Amended by Law No. 4199, Jan. 13, 1990] 
Article 902 Dissolution of Adoption by Agreement for an Incompetent 
If the adoptive parent or adopted child is an in competent person, he may enter 
into a consultation for dissolution of adoptive relation with the consent of his 
guardian. 
Article 903 Examination of Notification of Dissolution 
The notification of dissolution of the adoptive relation shall be accepted unless 
the dissolution does not contravene to the provisions of Paragraph (2) of Article 
878, Articles 898 to 902 or any other laws and decrees. 
Article 904 Mutatis Mutandis Application 
The provisions of Articles 823 and 878 shall apply mutatis mutandis to the 
cases of the dissolution of adoptive relation by agreement. 
201 (11) Judicial Dissolution of Adoptive Relation 
Article 905 Cause for Dissolution of Adoptive Relation IPlNlllKORll 
Page 613 
Either the adoptive parent or adopted child may, if either of them has reason or 
cause mentioned in any the following Subparagraphs, file an application in the 
Family Court dissolution of adoptive relation: <Amended by Law No. 4199, Jan. 
13, 1990> 
1. If one of the parties has committed grave negligence such as impairing 
family honor or dissipating property: 
2. If one of the parties has been extremely maltreated by the other or his 
lineal ascendant; 
3. If the lineal ascendant of one of the parties has been extremely maltreated 
by the other party; 
4. If the death or life of the adopted child has been unknown for more than 
three years; and 
5. If there exists any other cogent reason for which it is difficult for either party 
to continue the adoptive relationship. 
Article 906 Mutatis Mutandis Application 
The provisions of Article 899 to 902 shall apply mutatis mutandis to the cases of 
application for judicial dissolution of adoptive relationship. <Amended by Law 
No. 4199, Jan. 13, 1990> 
Article 907 Extinction of Right to File Application to Court for Dissolution 
of Adoptive Relation 
No application may be made for the dissolution of adoptive relation for the 
reason or cause which falls under the provisions of Subparagraphs 1 to 3 and 
Subparagraph 5 of Article 905, after the lapse of six months from the day on 
which one of the parties was aware that the other party had such reason or 
cause, or after the lapse of three years from the day on which such reason or 
cause occurred. 
Article 908 Dissolution of Adoptive Relation and Right to Claim Damages 
202 IPINI1IKORl1 
Page 614 
The provisions of Article 806 shall apply mutatis mutandis to the cases of 
judicial dissolution of adoptive relation. 
SECTION 3 Parental Authority 
Sub-section 1 General Rules 
Article 909 Person in Parental Authority 
(1) The child who is a minor, shall be subject to the parental authority of parents. 
(2) The parental authority shall be exercised jointly by parents, when the 
parents are in marriage. If the parents fails to reach an agreement, the Family 
Court shall determine it upon the request of the party. 
(3) When one of parents is unable to exercise the parental authority, the other 
shall exercise it. 
(4) In cases where a child born out of wedlock is recognized, and parents are 
divorced, the person who is to exercise the parental authority, shall be 
determined by an agreement between father and mother, and if it is impossible 
to reach an agreement, or they fail to reach an agreement, the Family Court 
shall determine it upon a request of parties. This provision shall also apply in a 
case where it is required to change the person in parental authority. 
(5) The adopted child shall be subject to the parental authority of his adoptive 
parents. [This Article Wholly Amended by Law No. 4199, Jan. 13, 1990] 
Article 910 Exercise by Proxy of Child's Parental Power 
A person in parental authority shall exercise, in place of the child subjected to 
his parental power, the parental power over such child. 
Article 911 Legal Representative of Child Who is Minor 
The father or the mother who exercises parental power shall become the legal 
representative of his or her child who is a minor. 
203 Article 912 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Sub-section 2 Effect of Parental Authority 
Article 913 Rights and Duties to Protect and Educate Child IPINIlIKORl1 
Page 615 
A person in parental authority shall have rights and duties to protect and 
educate his or her child. 
Article 914 Right to Designate Place of Abode 
A child shall reside at a place designated by a person in parental authority. 
Article 915 Right to Take Disciplinary Action 
The person in parental authority may, in order to protect or educate his or her 
child, take necessary disciplinary action against the child, and may commit 
(entrust) such child into a reformatory or correctional institution with the 
approval of the court. 
Article 916 Child's Special Property and Management thereof 
Property acquired under the name of a child shall be special property of the 
child, and such property shall be managed by the person in parental authority 
who is the legal representative of the child. 
Article 917 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 918 Management of Property Bestowed Gratuitously on Child by Third 
Person 
(1) If a third person who had gratuitously bestowed property upon a child, has 
declared an intention to oppose the management of the property by the person 
who exercises parental power over the child, such property shall not come 
under the management of the person in parental authority. 
(2) If, in the case of Paragraph (1), the third person has not designated his or 
her property manager, the court shall appoint a manager upon the application of 
204 IPINIlIKORl1 
Page 616 
the child to whom the property has been bestowed, or of any of its relatives 
pursuant to the provisions of Article 777. 
(3) The same shall apply as prescribed in the preceding Paragraph if, in cases 
where the powers of the manager have come to extinction or it has become 
necessary to appoint another manager in his stead, the third person fails to 
appoint a manager anew. 
(4) The provisions of Paragraph (1), (2) and (4) of Article 24, first part of Article 
25 and Paragraphs (1) and (2) of Article 26 shall be applicable mutatis mutandis 
to the cases of Paragraphs (2) and (3). 
Article 919 Mutatis Mutandis Application of Provisions concerning Mandate 
The provisions of Articles 691 and 692 shall be applicable mutatis mutandis to 
the cases of property management as provided for in Article 16, 917, and 918. 
Article 920 Right of Representation of Person in Parental Authority with 
respect to Child's Property 
The person in parental authority who is the legal representative of the child shall 
represent the child on judicial acts concerning the property of the child. 
However, in case where an obligation is to be assumed requiring any act of the 
child, the consent of the child itself hall be obtained. 
Article 920-2 Effect of Act done under Common Name by one of persons in 
Common Parental Authority 
In case where father and mother exercise jointly the parental authority, if one of 
them represents their child under a common name, or consents to a legal action 
of the child, it shall be effective even though it is contrary to the intention of the 
other party except in case where the other party is in bad faith. [This Article 
Newly Inserted by law No. 4199, Jan. 13, 1990] 
Article 921 Acts in Which Interests of Person in Parental Authority Conflict 
with of Child or Two or More Children 
(1) In case an act is to be performed, in which the interests of the person in 
205 IP/N/1/KORl1 
Page 617 
parental authority who is the legal representative of the child conflict with those 
of his or her child, the person in parental authority shall apply to the court for the 
appointment of a special representative on behalf of the child. 
(2) In case a person in parental authority who is a legal representative of two or 
more children, performs an act or acts in which the interests of one child conflict 
with those of the other child or children, the person in parental authority shall, 
on behalf of one party, apply to the court for the appointment of a special 
representative. 
Article 922 Duty of the Person in Parental Authority to Pay Due Diligence 
In case where a person in parental authority exercises the right of 
representation on juristic acts or the right of property management for the child 
or children under his or her parental power, he or she shall exercise with the 
same care and diligence as though he or she were acting on his or her own 
property. 
Article 923 Account of the Property Management 
(1) When the power of the person in parental authority who is the legal 
representative of a child has been extinguished, the person who has been 
exercising parental power shall render an account of the management of the 
child. 
(2) In the case of Paragraph (1), the fruits accrued from the child's property on 
the one hand and the expenses of the maintenance of the child and of the 
management of the property on the other hand shall be deemed to have been 
set-off against each other. However, this shall not apply to the case where third 
person who had gratuitously bestowed property on a child has declared an 
intention contrary to such set-off. 
Sub-section 3 Loss of Parental Authority 
Article 924 Adjudication of Loss of Power 
If a father or mother abuses parental authority or is guilty of gross misconduct, 
or there exists any other cogent reason for not allowing a father or mother to 
206 IPINIlIKORl1 
Page 618 
exercise parental power, the court may, upon the application of any of the child's 
relatives pursuant to the provision of Article 777 or of a public prosecutor, 
adjudge his or her loss of parental power. 
Article 925 Adjudication of Loss of the Right of Representation and 
Management 
If a person in parental authority who is the legal representative of his or her 
child endangers by mismanagement of the property of his or her child, the court 
may, upon the application of any of the child's relatives pursuant to the provision 
of Article 777, adjudge the loss of the right of representation on juristic acts of 
the child and the right of the management of the child. 
Article 926 Adjudication of Recovery of Power and Right 
When the causes mentioned in Articles 924 and 925 have ceased to exist, the 
court may upon the application of property of the party concerned or of any of 
his relatives pursuant to the provision of Article 777, adjudge the recovery of the 
lost power and right. 
Article 927 Declining and Recovery of the Right of Representation and of 
Property Management 
(1) The person in parental authority who is the legal representative of his or her 
child may, if there exist due reasons, decline the right of representation on the 
juristic act of the child and the right of the management of property of the child 
upon the approval of the court. 
(2) If the circumstances mentioned in Paragraph (1) cease the existence the 
person in parental authority may, upon the approval of the court, recover the 
right which he has declined to exercise. 
CHAPTER V GUARDIANSHIP 
SECTION 1 Guardian 
Article 928 Commencement of Guardianship over Minor 
207 IP/NIl/KORJ1 
Page 619 
If there is no person in parental authority over a minor or if a person in parental 
authority is unable to exercise the right or representation with respect to the 
juristic acts or the right of management of property of a minor, a guardian shall 
be appointed for the minor. 
Article 929 Commencement of Guardianship over Incompetent, etc. 
If an adjudication of incompetency or limited competency has been made, a 
guardian shall be appointed over such person who has been adjudicated as 
above. 
Article 930 Number of Guardian 
There shall not be more than one guardian. 
Article 931 Designation of Guardian by Will 
A father or mother who exercises parental power over a minor may be will, 
designate a guardian over a minor. However, a person in parental authority who 
has no right of representation on juristic acts or of management of property may 
not designate a guardian. 
Article 932 Order in Guardianship of Minor 
If no guardian is designated under Article 931, the guardian shall be appointed 
in the order of the lineal blood relatives and collateral blood relatives within third 
degree of relationship of the minor. [This Article Wholly Amended by Law No. 
4199, Jan. 13, 1990] 
Article 933 Order in Guardianship of Incompetent Person, etc. 
If an incompetence or quasi-incompetence is declared, the guardian shall be 
appointed in the order of the lineal blood relatives and collateral blood relatives 
within third degree of relationship of the person who is declared incompetent. 
[This Article Newly Inserted by Law No. 4199, Jan. 13, 1990] 
Article 934 Order in Guardianship of Married Person 
208 IPINlllKORll 
Page 620 
If a married person is declared incompetent or quasi-incompetent, the spouse 
shall be a guardian. However, if the spouse is also declared incompetent or 
quasi-incompetent, the guardian shall be appointed in the order as prescribed in 
Article 933. [This Article Wholly Amended by Law No. 4199, Jan. 13, 1990] 
Article 935 Order in Which Guardian is to be Appointed 
(1) If there are several lineal or collateral blood relatives as prescribed in 
Articles 932 to 934, the precedence shall be given to the closest relative, and if 
there are several persons in the same order, the precedence shall be given to 
the oldest person. <Amended by Law No. 4199, Jan. 13, 1990> 
(2) Irrespective of Paragraph (1), when both the real father and mother of an 
adopted child and the adoptive father and mother are alive, the priority of 
appointment of guardian shall be placed on the adoptive father and mother, 
and in case where the degree of relationship between the blood relative of his 
or her parent's family and the blood relative of his or her adoptive family is same, 
the priority shall be placed on the blood relative of his or her adoptive family. 
<Amended by Law No. 4189, Jan. 13, 1990> 
Article 936 Appointment of Guardian by Court 
(1) If there is no person to become guardian in accordance with provisions of 
Articles 932 to 935, the court shall appoint a guardian upon the application of 
the ward's relatives pursuant to the provisions of Article 777 or of any other 
persons interested. 
(2) The same shall apply as prescribed in the preceding Paragraph in case 
where there is no person to become a guardian in accordance with the 
provisions of Articles 932 to 935, if any vacancy in the position of guardian 
occurs due to the death, ineligibility and any other reason of the guardian. 
Article 937 Ineligibility for Guardian 
Any person who falls under any of the following Subparagraphs may not 
become a guardian: 
1. A minor; 
209 2. A person adjudged as incompetent or limited-competent; 
3. A bankrupt; IP/NIl/KORJl 
Page 621 
4. A person who has been sentenced to the punishment of more than 
suspension 
of qualification and is serving the term of punishment; 
5. A legal representative or a member of family council who has been 
removed 
by the court; 
6. A person whose whereabouts is unknown; and 
7. A person who has brought or is bringing an action against the ward, or the 
spouse or any of the lineal blood relatives of such person. 
Article 938 Right of Representation of Guardian 
A guardian shall become the legal representative of the ward. 
Article 939 Declining Guardianship 
A guardian may, where any reasonable ground exists, resign his office with the 
approval of the court. 
Article 940 Removal of Guardian 
If a guardian has committed gross misconduct, or any unjustifiable act in 
respect of his duties as guardian, or where there exists any other grounds for 
which a guardian is unfit to perform his duties, the court may remove such 
guardian from his office upon the application of the ward or of any of the 
relatives pursuant to the provisions of Article 777. 
SECTION 2 Functions of Guardianship 
Article 941 Survey and Preparation of Inventory of Property 
(1) A guardian shall, without delay, survey the ward's property, and prepare an 
inventory of such property within two months. However, where reasonable 
grounds exist, this period may be extended with the approval of the court. 
(2) The survey of property and the preparation of the inventory of property 
210 IPINIlIKORl1 
Page 622 
mentioned in Paragraph (1) shall not become effective unless conducted in the 
presence of a designated member of family council. 
Article 942 Presentation of Claim and Obligation by Guardian 
(1) In case where a guardian possesses a claim against, or is under an 
obligation towards, the ward, he shall present the content thereof to the family 
council or a designated member of such council before he completes the 
preparation of inventory of property. 
(2) If a guardian, notwithstanding that he is aware of the fact that he possesses 
a claim against the ward, fails to exercise such right as provided for in 
Paragraph (1), he shall be deemed to have waived the claim. 
Article 943 Power of a Guardian prior to the Completion of Inventory 
Until a guardian has completed the inventory, he shall not be entitled to exercise 
his power with respect to such property, except in case of urgent necessity. 
However, this may not be set up against a third person acting in good faith. 
Article 944 Survey of Property by a Universal Title Acquired by the Ward,etc. 
The provisions of articles 941 to 943 shall be applicable mutatis mutandis to the 
case in which the ward has acquired property by a universal title after the 
guardian has assumed office. 
Article 945 Right and Duties of Guardian on the Status of a Minor 
The guardian of a minor shall have, with respect to the matters as provided for 
in Articles 913 to 915 inclusive, the same rights and duties as a person who 
exercises parental power. However, in order to change the mode of education 
or the place of residence as determined by the person in parental authority, or 
to commit the ward to a reformatory or correctional institution or to revoke or 
restrict business execution permitted by the person in parental authority, the 
guardian shall first obtain the consent of the family council. 
Article 946 Guardianship Limited to the Management of Property 
211 IP/N/l/KORll 
Page 623 
When a person in parental authority is unable to exercise parental power only 
with respect to the right of representation on juristic acts and the right of 
management of property, the functions of a guardian shall be limited to the acts 
concerning the property of a minor. 
Article 947 Medical Treatment and Care, and Custody for Incompetent 
(1) A guardian of an incompetent shall be diligent in the medical treatment, care 
and custody of his ward. 
(2) In order to place an incompetent under restraint in a private residence or to 
confine such person in a lunatic asylum or any other place to undergo medical 
treatment, a guardian shall obtain approval thereof from the court. However, in 
an urgent situation, he may apply to the court for an ex post facto approval. 
Article 948 Proxy Exercise of Parental Power of a Minor 
(1) A guardian shall exercise parental power in place of the ward over a child of 
the ward. 
(2) With respect to the exercise of parental power as mentioned in Paragraph 
(1), the provisions concerning the functions of guardian shall be applicable 
mutatis mutandis. 
Article 949 Right of Property Management and of Representation 
(1) A guardian shall manage the ward's property and represent the ward in 
juristic acts concerning the latter's property. 
(2) The provision of the proviso of Article 920 shall be applicable mutatis 
mutandis to the juristic acts as mentioned in Paragraph (1). 
Article 950 Restriction on the Right of Legal Representation and the Right to 
give Consent 
(1) A guardian shall obtain the consent of family council in order to do one of the 
acts mentioned in the following Subparagraphs in place of the ward, or, to give 
consent to the performance of one of the acts mentioned in the following 
212 IP/NIl/KORlI 
Page 624 
Subparagraphs by a minor or limited competent: 
1. An act to conduct business; 
2. An act to contract a debt or to stand surety; 
3. An act which aims at acquisition, forfeit and alteration of right and title on 
immovables or important property; 
4. An act to bring an action to the court. 
(2) Any act done (by a guardian) In contravention of the provisions of Paragraph 
(1) may be revoked by the ward or family council. 
Article 951 Acquisition of Right as Against the Ward by Assignment 
(1) When a guardian acquires by assignment a third person's right as against 
the ward, he shall obtain the consent of family council. 
(2) An act done in contravention of provision of Paragraph (1) may be revoked 
by the ward or family council. 
Article 952 Inquiring Notice by the other party whether to ratify 
The provisions of Article 15 shall apply mutatis mutandis to the inquiring notice 
of the other party to family council whether it ratifies or not in the cases of 
Articles 950 and 951. 
Article 953 Supervision over Guardianship Affairs by Family Council 
The family council may at any time demand a guardian to file a report on the 
discharge of his duties and to present an inventory of property, and may 
investigate the status of the ward's property. 
Article 954 Disposition concerning Guardianship Affairs by the Court 
The court may, upon the application of the ward, of any of the ward's relatives 
pursuant to the provision of Article 777 or of any other persons interested, 
investigate the status of the ward's property, and may order such dispositions as 
may be necessary for the management of the ward's property or any other 
discharge of guardian's duties. 
213 Article 955 Remuneration to a Guardian IP/N/lIKORl1 
Page 625 
The court may, upon the application of a guardian, allow to the guardian a 
reasonable remuneration out of the ward's property, taking into account of the 
financial capacity of the ward and any other circumstances. 
Article 956 Mutatis Mutandis Application of the Provisions of Mandate and 
Parental Power 
The provisions of Articles 681 and 918 shall be applicable mutatis mutandis to a 
guardian. 
SECTION 3 Termination of Guardianship 
Article 957 Termination of Functions of Guardianship and Account of 
Management 
(1) When the duties of a guardian have terminated, the guardian or his 
successor shall render an account of his management with in one month 
However, if there is any justifiable reason, such period may be extended with 
the approval of the court. 
(2) The account as mentioned in Paragraph (1) shall not be effective unless 
conducted in the presence of a designated member of family council. 
Article 958 Addition of Interest and Liability for Pecuniary Expenditure 
(1) Money to be paid by a guardian to the ward or by a ward to the guardian 
shall bear interest as from the day on which the accounts (of the guardianship) 
has been terminated. 
(2) If a guardian. has expended the ward's money on his own behalf, such 
money shall bear interest as from the day on which the expenditure has been 
commenced, and if there has been any damages to the ward, the guardian shall 
liable to make compensation for such damages. 
Article 959 Mutatis Mutandis Application of Provisions concerning Mandate 
214 IPINlllKORll 
Page 626 
The provisions of Articles 691 and 692 shall be applicable mutatis mutandis in 
the cases of the termination of guardianship. 
CHAPTER VI FAMILY COUNCIL 
Article 960 Composition of Family Council 
A family council shall be organized when any circumstances which require a 
resolution of family council in accordance with the provisions of this Code and 
any other laws exist. 
Article 961 Number of Family Council Members 
(1) Members of a family council shall be more than three and less than ten in 
number. 
(2) One representative shall be in a family council and such representative shall 
be elected from among members of a family council. 
(3) The representative mentioned in Paragraph (2) shall represent the family 
council concerned in acts of procedure and any other acts directed to outsiders. 
Article 962 Designation of Family Council Members by a Person in Parental 
Authority) 
A person in parental authority who may designate a guardian, may designate a 
member of a family council for minor. 
Article 963 Election and Appointment of Family Council Member 
(1) A member of family council shall be elected and appointed from among the 
relatives pursuant. to the provision of Article 777 or the person concerned or the 
person who has any relation to the family of the person concerned by the court, 
upon the application of the person concerned, his or her legal representative or 
any of the relatives pursuant to the provisions of Article 777 or the person 
interested. However, this shall not apply to the case where a member of family 
council has been designated in accordance with the provisions of Article 962. 
215 IP/N/1/KORlI 
Page 627 
(2) A person who is entitled to file an application to the court pursuant to the 
provision of Paragraph (1), may submit a statement of his opinion concerning 
the number of the family council and their election and appointment. 
Article 964 Ineligibility for Membership of Family Council 
(1) A guardian may not become a member of family council for the ward until 
the account of guardian's management has been completed. 
(2) The provisions of Article 937 shall be applicable mutatis mutandis to the 
members of family council 
Article 965 Standing Family Council for Person under Disability 
(1) A family council for a minor, an incompetent or a limited competent shall 
continue to exist until such time as the cause of disability has come to an end. 
(2) When a vacancy in the position of family council member has occurred, the 
court shall fill up such vacancy of its own motion or upon the application. 
Article 966 Convocation of Family Council 
Family council shall be convoked by the Family Court upon the application of 
the person concerned, his or her legal representative, spouse, any of lineal 
blood relative, head of family, member of family council, the person interested or 
prosecutor. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 967 Mode of Decision to be Made by Family Council 
(1) Decisions of family council on the matters concerned shall be made by an 
affirmative vote of the majority of the members. 
(2) A member interested in the matters mentioned in Paragraph (1) shall be 
excluded from voting. 
(3) In case where a decision in writing made by an affirmative vote of the 
majority of family council has been made in place of a decision of family council, 
the person who is entitled to demand the convocation of family council in 
216 IP/N/1/KORll 
Page 628 
accordance with the provisions of Article 966 may apply to the court for its 
revocation within two months. 
Article 968 Expression of Opinion at Family Council 
The person concerned, his or her legal representative, spouse, lineal blood 
relative, collateral blood relative within the fourth degree of relationship and 
head of family, may present himself or herself and express his or her opinion at 
a family council. 
Article 969 Court Decision to be Substituted for a Decision of Family Council 
In case it is impossible for family council to make a decision or no decision by 
family council has been made, the person who is entitled to demand the 
convocation of family council may apply to the court for a decision which will 
substitute for a decision of family council. 
Article 970 Declining Membership of Family Council 
a member of family council may, if there exists any valid reason, decline the 
membership of family council with the approval of the court. 
Article 971 Dismissal of Family Council Member 
(1) If any unjustifiable act has been committed with the functions of 
guardianship or there is any other improper reason, the court may ex officio or 
upon the application of the person concerned, his or her legal representative, or 
any of the relative of the person concerned pursuant to the provisions of Article 
777 or the person interested, change or release the responsible member of 
family council from his or her duties. 
(2) In case where. there is any due reason, the court may ex officio or upon the 
application of the person concerned, his or her legal representative, or any of 
the relative of the person concerned pursuant to the provisions of Article 777 or 
the person interested, increase the number of family council. 
Article 972 Decision of Family Council and Action in Objection thereto 
217 IP/NIlIKORl 1 
Page 629 
A person who is entitled to demand the convocation of a family council, may 
within two months after a decision of family council file an action in the court 
contesting such decision. 
Article 973 Duties for Member of Family Council to Exercise due Diligence 
The provisions of Article 681 shall be applicable mutatis mutandis to a member 
of family council. 
CHAPTER VII SUPPORT 
Article 974 Duty to Furnish Support 
Relatives falling under each of the following Subparagraphs shall be under a 
duty to furnish support to each other: 
1. Between lineal relatives blood and their spouses; 
2. Deleted. <by Law No. 4199, Jan. 13, 1990> 
3. Between any other relatives.(only limited to the case where they share 
living accommodations). 
Article 975 Duty to Furnish Support and Living Capacity 
A person under duty to furnish support shall perform his or her duty only in the 
case when the person entitled to receive support is unable to support himself or 
herself by his or her own financial capacity or labor. 
Article 976 Order in Which Support is to be Furnished 
(1) In cases where there exist several persons under duty to support, and no 
agreement has been reached between the parties concerned with respect to the 
order in which they are to furnish support, such order shall be determined by the 
court upon the application of the parties concerned. In cases where there exist 
several persons entitled to get support, and the financial capacity of the person 
under duty to furnish support is insufficient to support all of them, the same 
provisions above shall also apply to the order in which they are to receive 
support. 
(2) In case of Paragraph (1), the court may select and designate several 
218 IP/N/l/KORll 
Page 630 
persons under duty to furnish support or entitled to get support. 
Article 977 Extent and Method of Support 
If no agreement has been reached between the parties concerned with respect 
to the extent and method of support, the court may, upon the application of the 
parties concerned, determine such matters, taking into account the living 
standard of the person entitled to get support, the financial capacity of the 
person under duty to furnish support and any other related circumstances. 
Article 978 Alteration or Revocation of Support Relation 
If, after an agreement had been arrived at between the parties concerned or a 
court decision had been rendered with respect to the order of persons under 
obligation to support or persons entitled to get support, or to the extent and 
method of support, any change has taken place in the circumstances, the court 
may, upon the application of the parties concerned, revoke or alter the 
agreement or the decision. 
Article 979 Prohibition of Disposition of Claim for Support 
The right to be supported may not be the subject of disposition. 
CHAPTER VIII SUCCESSION TO HEADSHIP OF FAMILY 
SECTION 1 General rules 
Article 980 Cause of Succession of Headship of Family 
Succession to the headship of a family is opened by the reason of one of the 
following Subparagraphs: <Amended by Law No. 4199, Jan. 13, 1990> 
1. When the head of a family is dead or has lost his nationality; 
2. When the head of a family who had been adopted, has been removed from 
the family register as a result of nullification or revocation of his adoptive 
relation; and 
3. When a female head of a family has returned to her native family register 
or has her name entered into another family register as a result of her marriage. 
219 IP/NI 1 IKORl1 
Page 631 
Article 981 Place where Succession to Family Headship is to be Opened 
Succession to the headship of a family is opened at the place of abode of the 
person whose headship will be succeeded. <Amended by Law No. 4199, Jan. 
13, 1990> 
Article 982 Action for Recovery of Succession to Family Headship 
(1) Where the right of succession to family headship has been violated by an 
unauthorized head of a family, the successor or his or her legal representative 
may file an action in the court for the recovery of a succession to family 
headship. <Amended by Law No. 4199, Jan. 13, 1990> 
(2) The right to demand recovery of succession to family headship under 
Paragraph (1) shall be extinguished by prescription, if there years from the day 
on which a violation of the right of succession to family headship or ten years 
from the day on which a succession had been opened have elapsed. 
<Amended by Law No. 4199, Jan. 13, 1990> 
Article 983 Deleted. <by Law No. 4199, Jan. 13, 1990> 
SECTION 2 Successor to Family Headship 
Article 984 Order of Succession to Family Headship 
With respect to succession to the family headship, persons become successors 
in the following order: <Amended by Law No. 4199, Jan. 13, 1990> 
1. A male person who is a lineal descendant of the inheritee; 
2. A female lineal descendant who is a member of the family of the inheritee; 
3. A wife of the inheritee; 
4. A female lineal ascendant who is a member of the family of the inheritee; 
and 
5. A wife of a lineal descendant who is a member of the family of the inheritee. 
Article 985 Order of Succession to Family Headship 
(1) In case where there are two or more lineal descendants standing in the 
same order(rank) under Article 984, the closest in degree of relationship shall 
220 IPIN/lIKORll 
Page 632 
have priority, and the child born during the subsistence of marriage shall have 
priority among lineal descendants standing in the same degree of relationship. 
(2) In case there are two or more persons standing in the same order as 
prescribe in Paragraph (1), the older person shall have priority. However, if 
there are two or more wives of lineal descendants falling under Subparagraph 5 
of Article 984, priority shall be given in accordance with the order in which a 
wife's husband is entitled to succession. 
(3) An adopted child shall be treated as having been born at the time of 
adoption. 
Article 986 Order of Succession to Family Headship 
Where there are two or more lineal ascendants mentioned in Subparagraph 4 of 
Article 984, the nearest in degree of relationship shall have priority. 
Article 987 Real Mother Who has No Right of Succession to Family Headship 
The real mother of the inheritee who is an adopted child or the real mother who 
has no matrimonial relation with the father of the inheritee can not become the 
successor of the family headship even if she is a member of the family of the 
inheritee. However, if the inheritee is the head of a branch family or of a newly 
established family, this shall not apply. <Amended by Law No. 4199, Jan. 
13,1990> 
Article 988 Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 989 Order of Succession of Child Born out of Wedlock 
With regard to the order of succession for the person who became a child born 
during the subsistence of marriage in accordance with the provision of 
Paragraph (2) of Article 855, the person shall be deemed to have been born at 
the time when the person's parent married. <Amended by Law No. 4199, Jan. 
13, 1990> 
Article 990 Deleted. <by Law No. 4199, Jan. 13, 1990> 
221 Article 991 Waiver of Right of Succession to Family Headship IPINIlIKORJ1 
Page 633 
The right of succession to family headship may be waived. [This Article wholly 
Amended by Law No. 4199, Jan. 13, 1990] 
Article 992 Reason and Cause by Which Successor becomes Disqualified 
Any person who falls under any of the following Subparagraphs may not 
become the successor to a family headship: <Amended by Law No. 4199, Jan. 
13,1990> 
1. A person who has intentionally killed or attempted to kill a lineal ascendant, 
the inheritee, his spouse or any person who has a prior order of succession to 
family headship; 
2. Any person who has intentionally by injury caused the death of a lineal 
ascendant, the inheritee and his spouse; 
3. to 5. Deleted. <by Law No. 4199, Jan. 13, 1990> 
Article 993 Female Head of a Family and her Successor 
In the event of succession to family headship arising from the death of a female 
head of the family or her leaving from the family register, even if there exist 
lineal descendants or ascendants as prescribed in Article 984, unless he or she 
is a blood relative who is to succeed the lineage of the family, her lineal 
descendant may not become the successor to family headship. However, this 
shall not apply where the inheritee is a female head of a branch family or a 
newly established family. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 994 Litigation in respect of Succession and Court's Disposition for 
Management of Inheritance 
(1) If litigation, which might influence the existence and the priority of a right of 
secession, is pending in the court after a succession has been opened, the 
court shall, upon the application of the spouse of the inheritee, relative within 
the fourth degree of relationship and any other persons interested, take such 
disposition as may be necessary for the management of the inheritance. 
<Amended by Law No. 4199, Jan. 13, 1990> 
(2) Where the court has appointed an administrator for the inheritance, the 
222 IP/NIl/KOR!l 
Page 634 
provisions of Articles 24 to 26 shall apply mutatis mutandis. 
SECTION 3 Effect of Succession to Family Headship 
Article 995 Succession to Family Headship and Succession of Rights and 
Duties 
A successor to the family headship succeeds, from the time of the opening of 
the succession, to all the rights and duties of the (former) head of a family. 
However, this shall not apply to those which are entirely personal to the former 
head of a family. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 996 Deleted. <by Law No. 4199, Jan. 13, 1990> 
BOOK V SUCCESSION 
CHAPTER I SUCCESSION 
SECTION 1 General Rules 
Article 997 Cause by Which Succession is to be Opened 
A succession is opened by death. <Amended by Law No. 4199, Jan. 13, 1990> 
Article 998 Place Where Succession is to be Opened 
A succession shall be opened at the locality of the inheritee's residence. [This 
Article wholly Amended by Law No. 4199, Jan. 13, 1990] 
Article 998-2 Expenses of Succession 
Expenses for succession shall be paid out of the inherited property. [This Article 
Newly Inserted by Law No. 4199, Jan. 13, 1990] 
Article 999 Claim for Recovery of Succession 
(1) If the right of succession is infringed by a person who pretends to have the 
right of succession, the person who has the right of succession, or his legal 
223 representative may bring an action for recovery of succession. IPINlllKORll 
Page 635 
(2) The claim for recovery of succession under Paragraph (1) shall be 
extinguished at the expiration of three years after the infringement is informed, 
or ten years after succession is opened. [This Article Wholly Amended by Law 
No. 4199, Jan. 13, 1990] 
SECTION 2 Successor 
Article 1000 Priority of Succession 
(1) In succession, persons become successors in the following order: 
<Amended by Law No. 4199, Jan. 13, 1990> 
1. Lineal descendants of the inheritee; 
2. Lineal ascendants of the inheritee; and 
3. Brothers and sisters of the inheritee; 
4. Collateral blood relative within the fourth degree of the inheritee. 
(2) In the case mentioned in Paragraph (1), if there are two or more successors 
standing in the same order (rank), the closest in degree of relationship shall 
have the priority of succession, and if there are two or more successors 
standing in the same degree of relationship, they become co-successors. 
(3) With respect to the order of succession, an unborn child shall be considered 
to have already been born. <Amended by Law No. 4199, Jan. 13, 1990> 
224 IPINIlIKORl1 
Page 636 
THE COURT ORGANIZATION ACT 
Act No 3902 of 4 December 1987 
last amended by Act No.5462 of 21. January 1999 
Entry into force: 21 January 1999) 
-TABLE OF CONTENTS -
TITLE] GENERAL PBOVlSIONS .......................................................................... ....................... 6 
Article._L_.P.u.rpos_e ......................•.......•....•...........••...............................•.....•......••.............•..•........... 6 
.A.rticle_.2 ___ Co.lllp_etenc_e.JlLC_ollrts •....•....••••....................................•.•........•••.............•.............••.•..... 6 
Article._3. ___ C.atego..ries_ol_Cn.u.r1s ......•.••.•................................................••....•...................•..•••••......... 6 
.A.rticle __ 4_JllS.tic~..s._ol.s.upr.e.me __ C_ollrt ............................................................................................. 7 
Article...5 __ J.udges ............................................................................................................................. 7 
ArticleJl ___ Acii.ng.Jlldge ................................................................................................................... 7 
Article...1_~xer_cise_olJuris.diciion .•.•••........••.••..•••................••..............•.•••............•.••..•..........••...... 7 
Article._L __ J.udici.alAd.tn.ini.str.ath:e_.Mfairs ...•....•••••••.•............•.........•.....•.............••.•..••.........••.••...• 8 
Article_9-=::2- __ Judge.s. __ CO_un.cil ............................................................................................................ 9 
Article._1Q __ .s~cretariatn.LEach __ Co_urt.J.~tc. ..................................................................................... 9 
TITLEII SUPBEMECOURT ........................................................................................................ 10 
Article 11 The Highest Court ....................................................................................................... 10 
Article 12 Seat .............................................................................................................................. 10 
Article 13 Chief Justice of Supreme Court .................................................................................. 10 
Article 14 Jurisdiction .................................................................................................................. 10 
Article 15 Indication of Justice's Opinion ................................................................................... 10 
1 IP/N/lIKORll 
Page 637 
Articlc . .16 ...... GolllP.osition . .and.Dcdsion::-Making.Me.tJtud.o.LS.UIlre.me .. GourtJustic.e.s~.Guuncil ...... ll 
ArticLe..1L .. Matte.rs.tD .. hc .. de.cide.d.h>" . ..8.upr.e.mc . .Guurt.Justke.s~ .. Gouncil ...•....••.................•........... ll 
Articlc . .18 ...... D.cLe.gatcd.M.atte.rs ....................................................................................................... 11 
ArticLe..12 ...... Co.tu:LAdministra.tion .. Officc ....................................................................................... 11 
Articlc.2D. ..... J.udiciaLRcsc.arch .. and.Training.lnstitute .................................................................... 12 
ArticLe..2.L .... CD.urLOffidals.Tl:aining.lnstitute .....................................•..............................•.......... 12 
Articlc.22. ..... C.ourt.Libran· .. ··························· ....................••......................•...............•................... 12 
ArticLe..2.3 ..... Se.cre.t.ariat ... e.tc •.. uf.ChiefJustke. . .o.Lthe..Sup.rcme. .. Co.urt ..........•................................•.. 12 
Articlc.24 ..... J.udiciaLRcse.arche.r ..................................................................................................... 13 
ArticLe..2.5 ..... JudicialP.olicY-.Adlison .. C.ommittec ........................................................................... 13 
Articlc.2S.:-2. ..... Judge.s .. PcrsonnclCommittc.e ................................................................................... 13 
TITLE ill COURTS ........................................................................................................................ 13 
CHAPTERI HlGHCOURT ............................................................................................................. 14 
Article 26 President of High Court .............................................................................................. 14 
Article 27 Dh;sions ...................................................................................................................... 14 
Article 28 Jurisdiction .................................................................................................................. 14 
CHAPTER II PATENT COURT ....................................................................................................... 15 
Article 28-2 president of Patent Court ......................................................................................... 15 
Article 28-3 Di'ision ..................................................................................................................... 15 
CHAPTER ill DISTRICT COURTS ................................................................................................ 15 
Article 29 President of District Court .......................................................................................... 15 
Article 30 Diyisions ...................................................................................................................... 16 
Article 31 Branch Court ............................................................................................................... 16 
Article 32 Jurisdiction of Collegiate Court .................................................................................. 16 
Article 33 Shi/Kun Court ............................................................................................................. 17 
Article 34 Jurisdiction of ShilKun Court ..................................................................................... 18 
Article 35 Request for Formal Judgment against Summary Decisjon ........................................ 18 
Article 36 Registry Office ............................................................................................................. 18 
2 IP/N/lIKORl1 
Page 638 
CHAPTER IV E4M/LYCOURT ...................................................................................................... 19 
Articlc.3.7. .... f.residcut.ofF.amil~L.CO.urt .....................•.•...............................•................................... 19 
Articlc .. 3.8. ..... D.hisious ....•......................................•..............................•..•....•................................... 19 
Articlc.3.9. ..... Brauch .. Co.urt ............................................................................................................... 19 
Artidc .. 4O' ..... J.urisdictioD..oLCnllegiatc.C.o.urt .................................................................................. 19 
CHAPTER V ADMINISTRAUVE COURT ................................................................... .................. 20 
Artidc .. 40.:-2 ..... f.reside.nLof.Administratiy.c.Co.urt ........................................................................... 20 
Articl.cA.O::3 ...... Dilisious ................................................................................................................... 20 
Articlc .. 4.1l:::4_ .. Juris.diction ............................................................................................................... 20 
UTLE IV .WDIClAL OFFICERS .................................................................................................. 21 
Article 41 Appointment of Judicial Officers ................................................................................ 21 
Article 42 Qualification for Appointment .................................................................................... 21 
Article 42-2 Resen'e .Judge ........................................................................................................... 22 
Article 42-3 Restriction on Competence ...................................................................................... 22 
Article 42-4 Delegation of Authority ............................................................................................ 22 
Article 43 Causes of Disqualification ........................................................................................... 23 
Article 44 Assignment to Position ................................................................................................ 23 
Article 44-2 Rating of Sen'ice Record ......................................................................................... 23 
Article 45 Term of Office, Reappointment and Age Limit .......................................................... 24 
Article 46 Guarantee of Judicial Officer's Status ........................................................................ 24 
Article 47 Retirement due to Mental and Physical Impediment ................................................. 24 
Article 48 Discipline ..................................................................................................................... 24 
Article 49 Prohihited Matters ...................................................................................................... 25 
Article 50 Dispatched Senice ...................................................................................................... 25 
Article 51 Temporary Retirement from Office ............................................................................ 25 
Article 52 Concurrent Office, ete. ................................................................................................ 26 
TITLE V PERSONNEL. etc. OF COURTS ..................................................................................... 26 
3 IP/N/lIKORll 
Page 639 
Artkle .. 53 ...... Pe.r.sonnelD.LC.ourts ................................•..•.............................•................•........•...•..... 26 
Article.5.4 ..... JudkiaI.AssisJanLOfficiaJ ..•.....................•..........................................................•.•..... 26 
Artkle .. 5J.72 ..... Ie.chnic.aLExaminer ..............................................................•.....................•........••... 27 
Article.5.5 ..... BailifIs .......................................................................................................................... 2 7 
TITLE VI TRIAL ............................................................................................................................ 27 
CHAPTER I COURTSESSWNS ..................................................................................................... 27 
Article 56 Place of Session ............................................................................................................ 27 
Article 57 Opening of Trials to the public ................................................................................... 28 
Article 58 Maintenance of Order in Court .................................................................................. 28 
Article 59 Probibition of Videotape Recording, etc ..................................................................... 28 
Article 60 Request for Dispatch of Policemen ............................................................................. 28 
Article 61 Detention in Custody. ete. ............................................................................................ 28 
Article 62 I/anguage in Court ...................................................................................................... 29 
Article 63 Applicable Proyisions .................................................................................................. 29 
Article 64 Court Guard ................................................................................................................ 29 
CHAPTER U CONFERENCE ........................................................................................................ 30 
Article 65 Non-Opening of Conference to the Public .................................................................. 30 
Article 66 Method of Conference ................................................................................................. 30 
TITLE VII ORGANS OF THE SUPREME COURT ..................................................................... .30 
CHAPTER I COURTADMINISTRATlON OFFICE ....................................................................... 30 
Article 67 Director, ete. of Court Administration Office ............................................................. 30 
Article 68 Appointment ................................................................................................................ 31 
Article 69 Right to attend the National Assembly ....................................................................... 31 
Article 70 Defendant of Administratiye Litigation ...................................................................... 31 
Article 71 Organization ................................................................................................................ 32 
CHAPTER II JUDICIAL BESEARCHAND TRAINING INSTITUTE .......................................... .32 
Article 72 Judicial Trainees ......................................................................................................... 32 
4 IP/N/IIKORl1 
Page 640 
Articlc .. 73 ...... 0rganization ................................................................................................................. 33 
Art.icLc.1.4 ..... Direc.tur,.eJ~.JlLJ.udiciaLRescarch .. and.T.raining.lnstitute .......................................... 33 
Articlc .. 75 ...... Scc.rcta.riat ................................................................................................................... 3-t 
ArticLc.1.6 ..... M.attcrsJfl.hc .. dcleg.'ltcd ...........................................................•................................... 3-t 
CHAPTER ill COURT OFFICIALS TRAINING INSTITUTE ...................................................... .34 
ArticLc.1.7 ...... 0.rganizatiuo ................................................................................................................ 3-t 
Articlc .. 78 ...... Dj~.ctor ... etc ................................................................................................................. 3-t 
ArticLc.1.2 ..... Applicab.le.Pfin:isio.llS .................................................................................................. 35 
Articlc .. 811 ..... Mattcr.s . .to.b.c.dclegatcd ............................................................................................... 35 
CHAPTER IV COURT LIBRARY ........................................................................ .......................... 35 
Articlc .. 81 ... _0rganization ................................................................................................................ 35 
TITLE VIU EXPENSES OFCOUBTS ........................................................................................... 35 
Article 82 Expenses of Courts ...................................................................................................... 35 
ADDENDA ................................................... ................................................•...............•...................... 36 
ADDENDA <Aug. 5. 1988> ................................................................................................................. 36 
ADDENDA <Dee. 31. 1990> ................................................................................................................ 36 
ADDENDA <JuL 27, 1994> ................................................................................................................. 36 
ADDENDUM <Mar. 30, 1995> ............................................................................................................ 38 
5 TITLE I GENERAL PROVISIONS 
Article 1 Purpose IPINIlIKORl1 
Page 641 
This Act aims to prescribe the organization of courts exercising the judicial 
power under the Constitution. 
Article 2 Competence of Courts 
(1) Except as otherwise provided for by the Constitution, courts shall judge all 
legal disputes and litigations, and have the competence vested in them under 
this Act and other laws. 
(2)The provisions of Paragraph (1) shall not ban any judgment as a previous 
trial by an administrative agency. 
(3)Courts shall administer and supervise affairs concerning registration, family 
register, deposition, bailiff and licensed judicial agent. <Amended by Law No. 
4765, Jul. 27, 1994> 
Article 3 Categories of Courts 
(1) The courts shall be classified into the following six categories: 
1.Supreme Court; 
2.High courts; 
3.Patent courts; 
4. District courts; 
5.Family courts; and 
6.Administrative courts. 
(2)ln order to carry out affairs of the district and family courts, there may be 
established a branch court, a juvenile branch court, a Shi court or Kun court 
(hereinafter referred to as "ShilKun court"), and a registry under the jurisdiction 
of the district and family courts: Provided, That two branches of the district and 
family courts may be united into one branch court. 
(3)The establishment, abolition and territorial jurisdiction of the high court, 
patent court, district court, family court and administrative court, and the branch 
court, juvenile court and Shi/Kun court of the district and family courts, shall be 
determined separately by laws, and the establishment, abolition and territorial 
jurisdiction of the registry shall be determined by the Supreme Court 
Regulations. 
6 IP/N/l/KORll 
Page 642 
[This Article Wholly Amended by Law No. 4765, Jul. 27, 1994] 
Article 4 Justices of Supreme Court 
(1) The Justices of the Supreme Court shall be assigned to the Supreme Court. 
(2) The number of Justices of the Supreme Court shall be fourteen including the 
Chief Justice. 
Article 5 Judges 
(1) Judicial officials other than the Chief Justice and Justices of the Supreme 
Court shall be judges. 
(2) Judges shall be assigned to high courts, patent courts, district courts, family 
courts, and administrative courts. <Amended by Law No. 4765, Jul. 27, 1994> 
(3)The number of judges shall be determined separately by law: Provided, That 
the number of judges to be assigned to each court as referred to in Paragraph 
(2) shall be determined by the Supreme Court Regulations. <Amended by Law 
No. 4765, Jul. 27, 1994> 
Article 6 Acting Judge 
(1) The Chief Justice of the Supreme Court may have a judge act for a judge of 
other high court, patent court, district court, family court or administrative court. 
(2) The president of a high or district court may have a judge act for another 
judge under Paragraph (1), only within his territorial jurisdiction: 
Provided, That if the acting period exceeds six months, it shall be permitted by 
the Chief Justice of the Supreme Court. 
[This Article Wholly Amended by Law No. 4765, Jul. 27, 1994] 
Article 7 Exercise of Jurisdiction 
(1) The jurisdiction of the Supreme Court shall be exercised by the collegiate 
body composed of more than two-thirds of all the Justices of the Supreme Court 
with the Chief Justice of the Supreme Court presiding: Provided, That a case 
shall be examined in advance by a Division which is composed of three or more 
Justices of the Supreme Court, and only when they accord in opinion, the case 
shall be tried, except in the following cases: 
1.Where it is deemed that any order or regulation is in contravention of the 
7 Constitution; 
2.Where it is deemed that any order or regulation is contrary to law; IP/N/1/KORll 
Page 643 
3. Where it is deemed necessary to modify the opinion on the application of 
the interpretation of the Constitution, laws, orders or regulations, which was 
formerly decided by the Supreme Court; 
4.Deleted. <by Law No. 4017, Aug. 5,1988> 
5.Where it is deemed that a trial by Divisions is not proper. 
(2)The Chief Justice of the Supreme Court may, if necessary, have a specified 
Panel judge exclusively cases of public administration, taxes, labor, military 
affairs, patents, etc. 
(3)The jurisdiction of a high court, a patent court and an administrative court 
shall be exercised by a collegiate court composed of three judges. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(4)The jurisdiction of the district court, family court, branch court thereof, 
juvenile branch court and ShilKun court shall be exercised by a single judge. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(5)ln a case where a collegiate judgment is required in a district court, family 
court or branch court thereof, it shall be performed by a collegiate court 
composed of three judges. 
Article 8 Binding Force of Judgment of Higher Court 
Any decision made in a judgment of a higher court shall bind the lower instance 
with respect to the case. 
Article 9 Judicial Administrative Affairs 
(1) The Chief Justice of the Supreme Court shall exercise a general control over 
the judicial administrative affairs, and direct and control public officials 
concerned with respect to the judicial administrative affairs. <Amended by Law 
No. 4765, Jul. 27, 1994> 
(2)The Chief Justice of the Supreme Court may delegate a part of his authority 
over the direction and supervision of judicial administrative affairs to the Director 
of the Court Administration Office, the president of each court, the Director of 
the Judicial Research and Training Institute, the Director of the Court Officials 
Training Institute or the Librarian of the Court Library under the conditions as 
prescribed by law or the Supreme Court Regulations, or under the order of the 
Chief Justice of the Supreme Court. 
8 IP/N/1/KORll 
Page 644 
(3)lf it is deemed necessary to enact or revise laws related to the organization, 
personnel affairs, operation, legal proceedings, registration and family register 
of the courts, and other court affairs, the Chief Justice of the Supreme Court 
may present in writing his opinion to the National Assembly. <Newly Inserted by 
Law No. 4765, Jul. 27, 1994> 
Article 9-2 Judges Council 
(1) The high court, patent court, district court, family court and administrative 
court, and the branch court as prescribed by the Supreme Court Regulations, 
shall establish a judges council as advisory organ on the judicial administration. 
(2) The judges council shall be composed of the judges, but matters necessary 
for the organization and operation thereof shall be determined by the Supreme 
Court Regulations. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 10 Secretariat of Each Court, etc. 
The high court, patent court, district court, family court and administrative court, 
and branch court as prescribed by the Supreme Court Regulations shall 
establish the secretariat, and such high court and district court as prescribed by 
the Supreme Court Regulations may establish any bureau other than secretariat. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(2) There shall be established the divisions in the secretariat and bureau as 
referred to in Paragraph (1), and in the branch court and juvenile branch court in 
which no secretariat is established, but the establishment and the division of 
duties shall be determined by the Supreme Court Regulations. <Amended by 
Law No. 4765, Jul. 27, 1994> 
(3)The secretary-generals of the high court, the patent court, and the district 
court as referred to in the latter part of Paragraph (1), shall be appointed from 
among the court public officials of Grade 11 or Ill; the bureau chief of the high 
court, secretary-general and bureau chief of the district court, the secretary­
general of the family court, secretary-general of the administrative court, and 
the secretary-general of the branch court as prescribed by the Supreme Court 
Regulations, from among the court public officials of Grade III or IV; and the 
chief of division, from among the court public officials of Grade IV or V. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(4)The secretary-general, chief of bureau, and chief of section shall take charge 
9 IP/NIlIKORll 
Page 645 
of affairs of the secretariat, bureau or section under the order of senior officials, 
and direct and control the staff and personnel under his jurisdiction. <Amended 
by Law No. 4765, Jul. 27, 1994> 
TITLE 11 SUPREME COURT 
Article 11 The Highest Court 
The Supreme Court shall be the highest court. 
Article 12 Seat 
The Supreme Court shall be located in Seoul Special City. 
Article 13 Chief Justice of Supreme Court 
(1) The Chief Justice shall be installed in the Supreme Court. 
(2)The Chief Justice of the Supreme Court shall take charge of general affairs 
of the Supreme Court, and direct and control personnel of the Supreme Court 
and those of each court and organizations under its control with respect to 
judicial administrative affairs. 
(3)When the Chief Justice of the Supreme Court becomes vacant, or he is 
unable to perform his duties by accident, the senior Justice shall act for him. 
Article 14 Jurisdiction 
The Supreme Court shall judge as the court of last instance the following cases: 
<Amended by Law No. 4765, Jul. 27,1994> 
1.Case of a final appeal against a judgment of the high court, appellate court 
or patent court; 
2.Case of a reappeal against a decision or decree of the final appeal court, 
high court, or appellate court or patent court; and 
3.Cases coming under the jurisdiction of the Supreme Court under other 
laws. 
Article 15 Indication of Justice's Opinion 
In the text of judgment made by the Supreme Court, opinions of all Justices of 
10 IPINlllKORll 
Page 646 
the Supreme Court who participated in the judgment, shall be indicated. 
Article 16 Composition and Decision-Making Method of Supreme Court 
Justices'Council 
(1) The Supreme Court Justices Council shall be composed of the Justices of 
the Supreme Court, and the Chief Justice of the Supreme Court shall preside 
over it. 
(2) The Supreme Court Justices' Council shall make a decision, by attendance 
of more than twothirds of all Justices of the Supreme Court, and a concurrent 
vote of a majority of Justices present. 
(3)The chairman shall have a vote in a decision and in case of a tie, he shall 
decide the issue. 
Article 17 Matters to be decided by Supreme Court Justices' Council 
The following matters shall be decided by the Supreme Court Justices' Council: 
1. Consent to the appointment of a judge; 
2. Matters concerning the enactment, revision, etc. of the Supreme Court 
Regulations; 
3.Matters concerning collection and publication of judicial precedents; 
4.Matters concerning the request for the budget, expenditure of reserve fund 
and settlement of accounts; 
5.Matters coming under the competence of the Supreme Court Justices' 
Council under other laws and regulations; and 
6.Matters as deemed of particular importance, and as referred by the Chief 
Justice of the Supreme Court. 
Article 18 Delegated Matters 
Matters necessary for the operation of the Supreme Court Justices' Council 
shall be determined by the Supreme Court Regulations. 
Article 19 Court Administration Office 
(1) In order to take charge of judicial administrative affairs, the Court 
Administration Office shall be established in the Supreme Court. 
(2) The Court Administration Office shall take charge of affairs concerning 
11 IPIN/IIKORll 
Page 647 
personnel, budget, accounting, facilities, litigation, registration, family register, 
deposition, bailiff, licensed Judicial agent, research of laws and regulations, 
statistics, compilation of judicial precedents pertaining to the courts, and 
research on the judicial system. <Amended by Law No. 4765, Jul. 27, 1994> 
Article 20 Judicial Research and Training Institute 
In order to take charge of affairs concerning the study and training of judges 
and reserve judges, and training of judicial trainees, the Judicial Research and 
Training Institute shall be established in the Supreme Court. <Amended by Law 
No.4765, Jul. 27, 1994> 
Article 21 Court Officials Training Institute 
In order to take charge of affairs concerning the study and training of court 
personnel, bailiffs, etc., the Court Officials Training Institute shall be established 
in the Supreme Court. <Amended by Law No. 4765, Jul. 27, 1994> 
Article 22 Court Library 
In order to carry out the collection, arrangement, conservation of books and 
other materials of the Library for supporting judicial affairs and to carry out 
services of the Library, a Court Library shall be established in the Supreme 
Court. 
Article 23 Secretariat, etc. of Chief Justice of the Supreme Court 
(1) The secretariat of the Chief Justice of the Supreme Court shall be 
established in the Supreme Court. 
(2)The secretariat of the Chief Justice of the Supreme Court shall have a chief 
secretary, who is appointed from among judges or public officials in 
parliamentary service, and takes charge of affairs of the secretariat, and directs 
and controls public officials working in the secretariat, under the order of the 
Chief Justice of the Supreme Court. <Amended by Law No. 4765, 
Jul. 27, 1994> 
(3)Matters necessary for the organization and operation of the Secretariat of the 
Chief Justice of the Supreme Court shall be determined by the Supreme Court 
Regulations. 
12 IPINIlIKORl1 
Page 648 
(4)The secretary to the Justice shall be installed in the Supreme Court. 
(5)The secretary of the Justice shall be appointed from among public officials 
equivalent to Grade IV in special service. <Amended by Law No. 4765, Jul. 27, 
1994> 
Article 24 Judicial Researcher 
(1) The Supreme Court shall appoint the judicial researchers. 
(2) The judicial researchers shall take charge of affairs concerning the research 
and study on the examination and trial of cases in the Supreme Court, under 
the order of the Chief Justice of the Supreme Court. 
(3) The judicial researchers shall be appointed from among the judges. 
[This Article Wholly Amended by Law No. 4765, Jul. 27, 1994] 
Article 25 Judicial Policy Advisory Committee 
The Chief Justice of the Supreme Court may if necessary, establish the Judicial 
Policy Advisory Committee as an advisory organ of the Chief Justice. 
The Judicial Policy Advisory Committee shall be composed of seven or less 
members appointed by the Chief Justice of the Supreme Court from among 
those of high learning and reputation of judicial policies, and matters necessary 
for the organization and operation of the Committee shall be determined by the 
Supreme Court Regulations. 
Article 25-2 Judges Personnel Committee 
For the purpose of the establishment of the basic plan on the personnel affairs 
of judges and the operation of personnel affairs, the Judges Personnel 
Committee shall be established as an advisory organ of the Chief Justice of the 
Supreme Court. 
(2) The Judges Personnel Committee shall be composed of members 
appointed by the ,Chief Justice of the Supreme Court from among judges, and 
matters necessary for the organization and operation thereof shall be 
determined by the Supreme Court Regulations. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
TITLE III COURTS 
13 CHAPTER I HIGH COURT 
Article 26 President of High Court 
(1) A president shall be installed in the high court. IP/N/lIKORll 
Page 649 
(2) The president of the high court shall be appointed from among judges. 
(3)The president of the high court shall take charge of judicial administrative 
affairs of the court, and direct and control public officials under his jurisdiction. 
(4)When the president of the high court becomes vacant, or he is unable to 
perform his duties by accident, his competence shall be exercised by the first 
chief judge or senior chief judge of division. 
(5)The secretary to the president of the high court shall be installed in the high 
court. 
(6)The secretary of the president of the high court shall be appointed from 
among the court public officials of Grade V or those equivalent to Grade V in 
special service. <Amended by Law No. 4765, Jul. 27, 1994> 
Article 27 Divisions 
(1) The divisions shall be established in the highcourt. <Amended by Law No. 
4765, Jul. 27, 1994> 
(2)The chief judge shall be installed in each division. 
(3)The chief judge shall be the presiding judge in the judgment of the division 
and supervise affairs of the division under the direction of the president of the 
high court. 
(4 )The Chief Justice of the Supreme Court may have a division of the high court 
settle affairs in the seat of the district court in its territorial jurisdiction, 
depending on the necessity to carry out the judicial affairs. 
<Newly Inserted by Law No. 4765, Ju\. 27, 1994> 
Article 28 Jurisdiction 
The high court shall judge the following cases: 
<Amended by Law No. 4300, Dec. 31, 1990; Law No. 4765, Ju\. 27, 1994> 
1. Cases of appeal against a judgment made in the first instance by a 
collegiate court of the district court, the family court, or administrative court; 
2. Cases of appeal against a judgment, decision or decree made in the first 
14 IP/N/l/KORlI 
Page 650 
instance by a collegiate court of district court, family court, or administrative 
court; and 
3. Cases coming under the jurisdiction of the high court under other laws. 
CHAPTER 11 PATENT COURT 
Article 28-2 President of Patent Court 
(1) The patent court shall have the president of the patent court. 
(2) The president of the patent court shall be appointed from among judges. 
(3)The president of the patent court shall take charge of the judicial 
administrative affairs of the court, and direct and control the public officials 
under his jurisdiction. 
(4)The provisions of Article 26 (4) to (6) shall be applicable to the patent court. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 28-3 Division 
(1) The patent court shall establish the divisions. 
(2) The provisions of Article 27 (2) and (3) shall be applicable to the patent court. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 28-4 (Jurisdiction) The patent court shall judge the following cases: 
1.Cases of the first instance as prescribed in Article 186 (1) of the Patent Act, 
Article 35 of the Utility Model Act, Article 75 of the Design Act, and 
Article 86 (2) of the Trademark Act; and 
2.Cases to which the patent court is competent under other laws. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
CHAPTER III DISTRICT COURTS 
Article 29 President of District Court 
(1) In the district court, a president shall be installed. 
(2)The president of the district court shall be appointed from among judges. 
(3)The president of the district court shall take charge of judicial administrative 
affairs of the court, its branch court, ShilKun Court, and registry, and direct and 
control public officials under his jurisdiction. 
<Amended by Law No. 4765, Jul. 27, 1994> 
15 IPINIlIKORl1 
Page 651 
(4)The provisions of Article 26 (4) to (6) shall be applicable to the district court. 
<Amended by Law No. 4765, Jul. 27, 1994> 
Article 30 Divisions 
(1) The divisions shall be established in the district court. <Amended by Law No. 
4765, Jul. 27, 1994> 
(2) The provisions of Article 27 (2) and (3) shall be applicable to the district 
court. 
Article 31 Branch Court 
(1) In the branch of district court and the juvenile branch court, the chief of the 
branch court shall be installed. 
(2)The chief of the branch court shall be appointed from among judges. 
(3)The chief of the branch court shall take charge of the judicial administrative 
affairs of the branch court and the ShilKun court located in its territorial 
jurisdiction under the direction of the president of the district court to which the 
branch court belongs, and direct and control the public officials under his control. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(4 )The chief of the branch court in which the secretariat is established, shall 
take charge of the affairs of registry located in its territorial jurisdiction, under 
the direction of the president of the district court to which the branch court 
belongs, and direct and control the public officials under his control. <Newly 
Inserted by Law No. 4765, Jul. 27, 1994> 
(5)Divisions may be established in the branch of district court. 
(6)The provisions of Article 27 (2) and (3) shall be applicable to the branch of 
district court in which divisions are established under Paragraph (5). <Amended 
by Law No. 4765, Jul. 27, 1994> 
Article 32 Jurisdiction of Collegiate Court 
(1) The district court and the collegiate court of its branch shall judge the 
following cases as the first 
instance: <Amended by Law No. 4765, Jul. 27, 1994> 
1.Cases that the collegiate court itself decides to judge in the collegiate 
court; 
2.With respect to the civil cases, those as prescribed by the Supreme Court 
16 IP/N/1/KORll 
Page 652 
Regulations; 
3. Cases falling under the capital punishment, imprisonment for life, or 
imprisonment with or without hard labor for more than one year, excluding 
the following cases: 
a. Cases falling under Articles 225, 226 and 229 (limited to the crime of 
exercise of documents as prescribed in Articles 225 and 226) of the 
Penal Code, and the attempted crimes thereof; 
b.Cases falling under Articles 257 (2), 331 and 332 of the Penal Code, 
and the attempted crimes thereof; 
c.Cases falling under Articles 2 (1) and (3),3 (1) and (2),6 (limited to 
the attempted crimes as prescribed in Articles 2 (1) and (3), and 3 (1) 
and (2)), and 9 of the Act relating to Punishment for Violence, etc.; 
d. Cases violating the Military Service Act; 
e.Cases falling under Articles 5-3 (1), 5-4 (1), (4) and (5) (limited to the 
crimes falling under Paragraphs (1) and (4)) of the Act relating to 
Aggravated Punishment, etc. against Specified Crimes; 
f. Case falling under Article 5 of the Special Measure Act relating to 
Control of Sanitary Offenses; 
g. Crime falling under Article 5 of the Illegal Check Control Act; 
4.Cases of complicity to be judged concurrently with those as referred to in 
Subparagraph 3; 
5.Cases of exclusion or challenge against the judges of district courts; and 
6. Cases coming under the competence of the collegiate court of the district 
court under other laws. 
(2) The collegiate court of district court shall judge the following cases in the 
second instance: 
1.A case of appeal against a judgment of a single judge of the district court; 
and 
2.A case of appeal against a decision or decree of a single judge of the 
district court. 
Article 33 ShilKun Court 
(1) The Chief Justice of the Supreme Court shall nominate a judge of the 
Shi/Kun court located in its territorial jurisdiction, from among those belonging to 
the district court or its branch court, to judge cases under the jurisdiction of the 
Shi/Kun court. In this case, he may nominate a judge as judge of two or more 
Shi/Kun courts. 
17 IPINIlIKORl1 
Page 653 
(2)The judge of the ShilKun court shall take charge of the judicial administrative 
affairs of the ShilKun court under the direction of the president of the district 
court or branch court to which he belongs, and direct and control the public 
officials under his control: Provided, That with respect to a family case, he shall 
be subject to the direction of the president of the family court or its branch court 
having the jurisdiction over the area. 
[This Article Wholly Amended by Law No. 4765, Jul. 27, 1994] 
Article 34 Jurisdiction of Shi/Kun Court 
(1) The Shi/Kun court shall have jurisdiction over the following cases: 
<Amended by Law No. 4765, Jul. 27, 1994> 
1.Civil cases which are subject to the Small Claims Trial Act; 
2. Cases concerning conciliation, reminding and mediation; 
3. Criminal cases punishable by a fine not exceeding two hundred thousand 
Won, detention or minor fine; and 
4. Confirmation on a divorce by agreement as prescribed in Article 79-2 of the 
Family Registration Act. 
(2) If the cases as referred to in Subparagraphs 2 and 3 of Paragraph (1) is 
pending to the court of the first instance by an objection for dissatisfaction with 
the judgment, the cases shall be subject to the jurisdiction of the district court or 
its branch court having the jurisdiction over the area: Provided, That any case to 
which the Small Claims Trial Act applies, shall be subject to the jurisdiction of 
the ShilKun court concerned. <Amended by Law No. 4765, Jul. 27, 1994> 
(3)Criminal cases as referred to in Subparagraph 3 of Paragraph (1) shall be 
judged summarily. 
Article 35 Request for Formal Judgment against Summary Decision 
The accused may request formal judgment against a summary decision under 
Article 34, within seven days after he is notified of it. 
Article 36 Registry Office 
(1) The registrar shall be installed in each registry office. 
(2) The registrar shall be appointed from among court officials in Grade IV or V. 
(3)The registrar shall take charge of affairs of the registry office under the 
direction of the president of the district court to which he belongs, or the 
18 IP/N/l/KORll 
Page 654 
president of the branch court in which the secretariat is established, and direct 
and control personnel under his jurisdiction. <Amended by Law No.4765, Jul. 
27,1994> 
CHAPTER IV FAMILY COURT 
Article 37 President of Family Court 
(1) A president shall be installed in each family court. 
(2) The president of the family court shall be appointed from among judges. 
(3) The president of the family court shall take charge of judicial administrative 
affairs of the family court and its branch courts, and direct and control public 
officials under his jurisdiction: Provided, That if only one branch court is 
established under the proviso of Article 3 (2), the president of the family court 
shall direct and control the case of family affairs, juvenile protection and affairs 
concerning family registers of such branch court. <Amended by Law No. 4765, 
Jul. 27, 1994> 
(4 )The provisions of Article 26 (4) to (6) shall be applicable to the family court. 
<Amended by Law No. 4765, Jul. 27,1994> 
Article 38 Divisions 
(1) Divisions shall be established in each family court. 
(2) The provisions of Article 27 (2) and (3) shall be applicable to the family court. 
Article 39 Branch Court 
(1 )The chief of the branch court shall be installed in each branch court of the 
family court. 
(2)The president of a branch court shall take charge of the judicial 
administrative affairs under the direction of the president of the family court to 
which he belongs, and direct and control the public officials under his control. 
<Newly Inserted by Law No. 4765, Jul. 27, 1994> 
(3)The provisions of Articles 31 (2) and (5) and 27 (2) and (3) shall be 
applicable to the branch courts of the family court. <Amended by Law No. 4765, 
Jul. 27, 1994> 
Article 40 Jurisdiction of Collegiate Court 
19 IPINIlIKORl1 
Page 655 
(1) The collegiate courts of the family court and its branch court shall judge as 
the first instance the 
following cases: <Amended by Law No. 4300, Dec. 31, 1990> 
1.Family affairs litigation as prescribed by the Family Affairs Litigation Act 
and cases of family affairs non-contentious cases in F class, which are 
prescribed by the Supreme Court Regulations; 
2. Cases of exclusion or challenge against a judge of the family court; and 
3.Cases coming under the competence of a collegiate court of the family 
court under other laws. 
(2) The collegiate court of the family court shall judge, as the second instance, 
cases of appeal against any judgment, adjudgement, decision and decree of a 
single judge of the family court. <Amended by Law No. 4300, Dec. 
31, 1990; Law No. 4765, Jul. 27, 1994> 
CHAPTER V ADMINISTRATIVE COURT 
Article 40-2 President of Administrative Court 
(1) The administrative court shall have a president of the administrative court. 
(2) The president of the administrative court shall be appointed from among 
judges. 
(3)The president of the administrative court shall take charge of the judicial 
administrative affairs of the court, and direct and control public officials under 
his control. 
(4)The provisions of Article 26 (4) to (6) shall be applicable to the administrative 
court. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 40-3 Divisions 
(1) The administrative court shall establish the divisions. 
(2) The provisions of Article 27 (2) and (3) shall be applicable to the 
administrative court. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 40-4 Jurisdiction 
20 IP/N/IIKORll 
Page 656 
The administrative court shall judge as the first instance, such administrative 
cases as prescribed by the Administrative Litigation Act, and those to which the 
administrative court is competent under other laws. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
TITLE IV JUDICIAL OFFICERS 
Article 41 Appointment of Judicial Officers 
(1) The Chief Justice of the Supreme Court shall be appointed by the President 
with the consent of the National Assembly. 
(2)The Justices of the Supreme Court shall be appointed by the President with 
the consent of the National Assembly upon proposition of the Chief Justice of 
the Supreme Court. 
(3)Judges shall be appointed by the Chief Justice of the Supreme Court with the 
consent of the Supreme Court Justices' Council. 
Article 42 Qualification for Appointment 
(1) The Chief Justice and Justices of the Supreme Court shall be appointed 
from among those who are forty years of age or over, and have been in any of 
the following offices for fifteen or more years: 
1.Judge, public prosecutor or lawyer; 
2.Person who is qualified for the lawyer, and has been engaged in affairs 
concerning law at the government agency, local government, national or 
public enterprise, government-invested institution, or other juristic person; 
and 
3. Person who is qualified for the lawyer, and has been in the office higher 
than the assistant professor in the jurisprudence at an authorized college or 
university. 
(2) Judges shall be appointed from among those falling under any of the 
following Subparagraphs: 
1. Person who has completed the prescribed courses of the Judicial 
Research and Training Institute, after passing the Judicial Examination; and 
2. Person who is qualified for the lawyer. 
(3)For a person who has been in two or more offices as referred to in 
Subparagraphs of Paragraph (1), the years of such service shall be summed up. 
[This Article Wholly Amended by Law No. 4765, Jul. 27, 1994] 
21 Article 42-2 Reserve Judge IPINIlIKORl1 
Page 657 
(1) In case where a new judge is appointed, he shall first be appointed as a 
reserve judge, and after serving in the capacity of reserve judge for two years, 
he shall be appointed formerly a judge taking into consideration his service 
record: Provided, That for a person who has been in the office as prescribed in 
Subparagraphs of Article 42 (1) for two or more years, the appointment to 
reserve judge may be exempted, or the period for it may be shortened, under 
the conditions as prescribed by the Supreme Court Regulations. 
(2) The reserve judges shall be appointed by the Chief Justice of the Supreme 
Court, and the number shall be determined separately by law. 
(3)The reserve judges shall take charge of research and study affairs on the 
examination and judgment of cases in each court. 
(4)The reserve judges shall be public officials in special service, and their 
remuneration shall be determined separately by law, but correspond to that of 
the judge. 
(5)lf the service record of a reserve judge is not good, he may be dismissed. 
(6)The service period of the reserve judge shall be counted in the service period 
of the judge as prescribed by this Act and other laws and regulations. [This 
Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 42-3 Restriction on Competence 
(1) No judge whose service period 
including that as prescribed in Subparagraphs of Article 42 (1) is less than 
seven years, may judge independently any case to be decided by opening an 
oral proceedings, except in the case as prescribed in Subparagraphs 1 and 3 of 
Article 34 (1), and case where special provisions are included in other laws. 
(2)No judge as referred to in Paragraph (1) may be a presiding judge of a 
collegiate court. 
(3)lf it is required for settlement of affairs of any court concerned, the 
Chief Justice of the Supreme Court may permit any judge under his jurisdiction 
to judge a case independently without being subject to any restriction as 
referred to in Paragraph (1). 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 42-4 Delegation of Authority 
22 IP/N/lIKOR/l 
Page 658 
With respect to any affairs other than the trial, which are in charge of the judge, 
the authority on such affairs may be delegated to a judicial assistant official, 
under the conditions as prescribed by the laws and regulations. 
[This Article Newly Inserted by Law No. 4765, Jul. 27, 1994] 
Article 43 Causes of Disqualification 
No person falling under any of the following Subparagraphs shall be appointed 
a judicial officers: 
1.A person who is disqualified for a public official under other laws and 
regulations; 
2.A person who has been sentenced to a penalty heavier than the 
imprisonment without hard labor; and 
3.A person who is removed from his office by an impeachment, unless five 
years have elapsed after the removal. 
Article 44 Assignment to Position 
(1) The judge and the reserve judge shall be assigned to a position by the Chief 
Justice of the Supreme Court. 
(2) The presidents of the Judicial Research and Training Institute, high court 
and patent court, Deputy Director of the Court Administration Office, presidents 
of the district court, family court and administrative court, and the chief judges of 
the high court and the patent court shall be appointed from among those who 
have been in the offices as prescribed in Subparagraphs of Article 42 (1), for 
ten or more years. 
(3)The provisions of Article 42 (3) shall be applicable to the calculation of the 
service period as referred to in Paragraph (2). [This Article Wholly Amended 
by Law No. 4765, Jul. 27,1994] 
. Article 44-2 Rating of Service Record 
(1) The Chief Justice of the Supreme Court may rate the service record of the 
judges and the reserve judges, and reflect the result to the personnel 
management. 
(2) Matters concerning the rating of service record as referred to in Paragraph 
(1) shall be determined by the Supreme Court Regulations. [This Article Newly 
23 Inserted by Law No. 4765, Jul. 27, 1994] 
Article 45 Term of Office, Reappointment and Age Limit IP/NIllKORJ1 
Page 659 
(1) The Chief Justice of the Supreme Court shall be appointed for a six-year 
term of office, and may not be reappointed. 
(2) The Justices of the Supreme Court shall be appointed for a six-year term of 
office, and may be reappointed. 
(3)The judges shall be appointed for a ten-year term of office, and may be 
reappointed. 
(4)The age limit of the Chief Justice of the Supreme Court shall be seventy; the 
Justices of the Supreme Court, sixtyfive; and the judges, sixtythree. <Amended 
by Law No. 4765, Jul. 27, 1994> 
Article 46 Guarantee of Judicial Officer's Status 
(1 )No judicial officer shall be dismissed, unless there is a decision of 
impeachment or sentence of imprisonment without hard labor or heavier penalty, 
and he shall not be subject to a suspension from office, reduction of salary or 
other disadvantageous disposition without being submitted to a disciplinary 
action of the Judges Disciplinary Committee. 
(2) Remuneration of judicial officers shall be determined separately by laws so 
as to correspond to the duties and dignity. <Amended by Law No. 4765, Jul. 27, 
1994> 
Article 47 Retirement due to Mental and Physical Impediment 
if any judicial officer is unable to perform his duties due to a grave mental or 
physical impediment, the President may order him to resign from office upon the 
proposition of the Chief Justice of the Supreme Court, in case of a Justice of the 
Supreme Court, and the Chief Justice of the Supreme Court may order it in 
case of judges. 
Article 48 Discipline 
(1) The Judge Disciplinary Committee shall be established in the Supreme 
Court. 
(2) Matters concerning the discipline of judicial officers shall be determined 
24 IP/NIl/KORll 
Page 660 
separately by laws. <Amended by Law No. 4765, Jul. 27, 1994> 
Article 49 Prohibited Matters 
No judicial officer shall conduct the following acts during his tenure of office: 
1.To be a member of the National Assembly or a local council; 
2.To be a public official in any agency of the Executive; 
3.To participate in a political movement; 
4.To be engaged in a paid job without permission of the Chief Justice of the 
Supreme Court; 
5.To be engaged in a job for the purpose of any pecuniary profit; 
6. To be installed, regardless of reward, as an advisor, officer or employee of 
a corporation, organization, etc., other than government agencies, without 
permission of the Chief Justice of the Supreme Court; and 
7.0ther matters as may be prescribed by the Supreme Court Regulations. 
Article 50 Dispatched Service 
When the Chief Justice of the Supreme Court is requested to dispatch a judicial 
officer by another government agency, if he deems that it is proper to dispatch a 
judicial officer by the nature of the affairs, and the judicial officer concerned 
consents to it, he may permit it with a certain period fixed. <Amended by Law 
No. 4765, Jul. 27, 1994> 
Article 51 Temporary Retirement from Office 
(1) When a judicial officer is conscribed or drafted for military service under the 
Military Service Act, or he petitions for a temporary retirement from office for the 
purpose of any research and training on law in a judicial research institute, 
college, etc., domestic or abroad, or for medical treatment of a disease, if the 
petition is deemed to be valid, the Chief Justice of the Supreme Court may 
permit it with a certain period fixed within the limit of two years (in a case of 
conscription or draft under the Military Service Act, until the term of service is 
expired). 
(2) In the case as referred to in Paragraph (1), matters concerning the payment 
of remuneration during the period of temporary retirement shall be determined 
by the Supreme Court Regulations. 
25 Article 52 Concurrent Office, etc. IP/N/l/KORl1 
Page 661 
(1) The Chief Justice of the Supreme Court may assign a judicial officer to a 
position (including the judicial researcher) other than that to judge cases, or 
have him hold such position 
concurrently. <Amended by Law No. 4765, Jul. 27,1994> 
(2)Any judicial officer as referred to in Paragraph (1) shall not participate in the 
judgment of a case, and be included in the number of judges under Article 5 (3). 
(3)The number of judges as referred to in Paragraph (1) shall be prescribed by 
the Supreme Court Regulations, and such judges shall receive the largest 
amount of remuneration. 
TITLE V PERSONNEL, etc. OF COURTS 
Article 53 Personnel of Courts 
Court officials other than judicial officers shall be appointed by the Chief Justice 
of the Supreme Court, and the number of court officials shall be determined by 
the Supreme Court Regulations. 
Article 54 Judicial Assistant Official 
(1) The judicial assistant officials may be assigned to the Supreme Court and 
each court. 
(2) The judicial assistant officials shall carry out the following affairs: 
1.Affairs delegated under Article 42-4; 
2.Affairs collecting materials necessary for the judgment, and conducting the 
investigation necessary for a settlement of cases; and 
3.Affairs of investigation as prescribed by the Family Affairs Litigation Act and 
the Juvenile Act. 
(3)The Chief Justice of the Supreme Court may request other government 
agencies to dispatch public officials under the jurisdiction of such agencies, so 
as to serve as the judicial assistant officials. 
(4)The qualification, organization, and number of the judicial assistant officials, 
and other necessary matters, shall be determined by the Supreme Court 
Regulations. 
[This Article Wholly Amended by Law No. 4765, Jul. 27, 1994] 
26 IP/N/1/KORJl 
Page 662 
Article 54-2 Technical Examiner 
(1) The technical examiners shall be assigned to the patent court. 
(2)lf it is deemed necessary, the court may participate by decision the technical 
examiner in any examination of a lawsuit as prescribed in Article 186 (1) of the 
Patent Act, Article 35 of the Utility Model Act, and Article 75 of the Design Act. 
(3)Any technical examiner who participates in the examination of a lawsuit 
under Paragraph (2), may ask any question to the litigants on any technical 
matters with the permission of the presiding judge, and state his opinion at a 
collegiate judgment. 
(4)The Chief Justice of the Supreme Court may request any government 
agency related to the patent, etc., to dispatch public officials under its 
jurisdiction so as to serve as the technical examiners. 
(5)The qualification, organization and number of the technical examiners, and 
other necessary matters, shall be determined by the Supreme Court 
Regulations. 
[This Article Newly Inserted by Law No. 4765, Jul. 27,1994] 
Article 55 Bailiffs 
(1 )Bailiffs shall be assigned to the district court and its branch court, and 
appointed and dismissed by the president of the district court to which they 
belong, under the conditions as prescribed by law. <Amended by Law No. 4765, 
Jul. 27, 1994> 
(2)Bailiffs shall be engaged in the execution of judgment, service of documents 
and other affairs under the conditions as prescribed by laws and regulations. 
(3)ln order to guarantee a faithful performance of duties, bailiffs shall pay a 
guaranty money to the district court to which they belong. 
(4)Matters concerning the guaranty money as referred to in Paragraph (3) and 
the commission of bailiffs shall be determined by the Supreme Court 
Regulations. 
TITLE VI TRIAL 
CHAPTER I COURT SESSIONS 
Article 56 Place of Session 
27 (1) Public trials shall be held at courts. IP/N/IIKORll 
Page 663 
(2) The president of a court may, if necessary, hold a session of court at a place 
outside the court. 
Article 57 Opening of Trials to the Public 
(1) Hearing and judgment of a public trial shall be open to the public: Provided, 
that if it might endanger the national security, public peace and order or good 
public morals, the hearing may, by decision, be closed to the public. 
(2)The decision as referred to in the proviso of Paragraph (1) shall be 
announced with the reason indicated. 
(3)Even when the presiding judge has made a decision as referred to in the 
proviso of Paragraph (1), if it is deemed proper, he may permit any person to 
stay in the court. 
Article 58 Maintenance of Order in Court 
(1) Order in the court shall be maintained by the presiding judge. 
(2) The presiding judge may prohibit any person who might endanger the dignity 
and order of the court, from entering the court, or order him to leave the court, 
and issue an order necessary for maintaining order in the court. 
Article 59 Prohibition of Videotape Recording, etc. 
No person shall record on a videotape, take a photograph, relay broadcasting, 
etc. in the court without the permission of the presiding judge. 
Article 60 Request for Dispatch of Policemen 
(1) When it is deemed necessary for keeping order in the court, the presiding 
judge may request the chief of the competent police station to dispatch 
policemen, before. or after the opening of a court. 
(2) Policemen dispatched upon the request under Paragraph (1) shall be 
subject to the direction of the presiding judge with respect to the maintenance of 
order in and out of the court. 
Article 61 Detention in Custody, etc. 
28 IP/N/IIKORll 
Page 664 
(1 )If a person commits inside or outside of the court, an act violating an order 
issued under Article 58 (2) and the provisions of Article 59, or obstructs the trial 
of the court by conducting an act such as harsh language, disturbance, etc. or 
damages remarkably the prestige of judgment, the court may, by decision ex 
officio, punish him by detention in custody not more than twenty days or a fine 
for negligence not exceeding one million Won, or both. 
(2) In order to carry out the detention in custody under Paragraph (1), the court 
may have the court personnel, prison officers or policemen detain the offender 
immediately, and shall hold a trial to sentence him to the detention in custody 
within twenty-four hours from the time of detention, and otherwise shall order to 
release him promptly. 
(3)The detention in custody shall be executed by detaining the offender at a 
detention room of a police station, prison or house of detention. 
(4)The detention in custody shall be executed in preference to a confinement 
and punishment by other cases against the detainee; the execution of a 
confinement and punishment by other cases against the detainee shall be 
suspended during the execution of detention in custody; and the procedure of 
the original case in which the detainee is a party shall be suspended: 
Provided, That if there is a considerable reason, the court may order to continue 
the legal proceedings. 
(5)The judgment as referred to in Paragraph (1) may be subject to any appeal 
or special appeal. <Amended by Law No. 4765, Jul. 27, 1994> 
(6)The procedure for a judgment as referred to in Paragraph (1) and other 
necessary matters shall be determined by the Supreme Court Regulations. 
Article 62 Language in Court 
(1) In the court, the Korean language shall be used. 
(2) When any person interested in the litigation does not understand the Korean 
language, an interpreter shall be employed. 
Article 63 Applicable Provisions 
The provisions of Articles 57 to 62 shall be applicable to a case where a judicial 
officer performs his duties at a place other than the court. 
Article 64 Court Guard 
29 IPIN/1IKORll 
Page 665 
(1) Court guards shall be assigned to the Supreme Court and each court. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(2)Court guards shall carry out affairs ordered by a judicial officer in the court, 
and other affairs as determined by the Chief Justice of the Supreme Court. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(3)lf it is deemed that there are difficult circumstances to use bailiffs, the court 
may have a court guard serve documents of litigation. <Amended by 
Law No. 4765, Jul. 27, 1994> 
CHAPTER 11 CONFERENCE 
Article 65 Non-Opening of Conference to the Public 
No conference of a collegiate court shall be open to the public. 
Article 66 Method of Conference 
(1 )Except as provided otherwise by the Constitution and laws, any collegiate 
judgment shall be made by majority. 
(2)lf the opinions in a conference are separated into three or more parts, and 
each part does not reach the majority, the following opinion shall be followed: 
1.For any amount, the opinion of the smallest obtained by adding in 
sequence the number of the opinion on the smaller amounts to that of the 
largest amount, until it comes up to the majority; and 
2.For a criminal case, the most favorable opinion to the defendant obtained 
by adding in sequence the number of the favorable opinions to that of the 
most unfavorable opinion, until it comes up to the majority. 
(3)When two opinions are separated with respect to matters to be decided by 
majority under Article 7 (1), and each opinion does not reach its majority, the 
original judgment shall not be reversed. 
TITLE VII ORGANS OF THE SUPREME COURT 
CHAPTER I COURT ADMINISTRATION OFFICE 
Article 67 Director, etc. of Court Administration Office 
(1) The Director and the Deputy Director shall be installed in the Court 
30 IPlNlllKORll 
Page 666 
Administration Office. (2) The Director shall, under the direction of the Chief 
Justice of the Supreme Court, take charge of affairs of the Court Administration 
Office, and direct and control his subordinate officials, and supervise judicial 
administrative affairs and personnel of the lower courts. 
(3)The Deputy Director shall assist the Director, manage affairs of the Court 
Administration Office, and if the Director becomes vacant or is unable to 
perform his duties by accident, act for him. 
(4)The Director may delegate part of affairs under his jurisdiction to the Deputy 
Director, chief of office or bureau under the conditions as prescribed by the 
Supreme Court Regulations or under the order of the Chief Justice of the 
Supreme Court. 
(5)The secretaries to the Director and the Deputy Director of the Court 
Administration Office shall be assigned to the Court Administration Office. 
<Amended by Law No. 4765, Jul. 27, 1994> 
(6)The secretary to the Director of the Court Administration Office shall be 
appointed from among the court officials of Grade IV or public officials 
equivalent to Grade IV in special service, and the secretary to the Deputy 
Director of the Court Administration Office, from among the court officials of 
Grade V, or public officials equivalent to Grade V in special service. 
<Amended by Law No. 4765, Jul. 27, 1994> 
Article 68 Appointment 
The Director of the Court Administration Office shall be appointed by the Chief 
Justice of the Supreme Court from among Justices of the Supreme Court, and 
the Deputy Director, from among judges. <Amended by Law No. 4765, Jul. 27, 
1994> 
Article 69 Right to attend the National Assembly 
The Director and the Deputy Director of the Court Administration Office may 
attend the National Assembly or the State Council and speak to the judicial 
administration. 
Article 70 Defendant of Administrative Litigation 
The defendant of an administrative litigation against a disposition made by the 
Chief Justice of the Supreme Court shall be the Director of the Court 
31 Administration Office. 
Article 71 Organization IP/NIlIKORll 
Page 667 
(1) In the Court Administration Office the offices, bureaus and sections shall be 
established, and the establishment and division of duties shall be determined by 
the Supreme Court Regulations. 
(2)The chief of office shall be installed in each office; the chief of bureau, in 
each bureau; and the chief of section, in each section. 
(3)ln order to assist planning of policies, drafting of plans, affairs concerning 
research, investigations, examination, evaluation, public information, etc., 
examiners or acting officers may be assigned under the jurisdiction of the 
Director, Deputy Director, office chiefs or bureau chiefs of the Court 
Administration office, and their official titles and division of duties shall be 
determined by the Supreme Court Regulations. <Amended by Law 
No. 4945, Mar. 30, 1995> 
(4)The chief of the office shall be appointed from among judges or court 
administrators; the chief of the bureau, from among judges, court officials of 
Grade 11, public officials of Grade II in equipment or industrial service; the 
examiners and acting officers, from among judges, court officials of Grade 11, III 
or IV, public officials of Grade 11, III or IV in equipment or industrial service; and 
the chief of the division, from among the court officials of Grade III or IV, public 
officials of Grade III or IV in equipment or industrial service. <Amended by Law 
No. 4765, Jul. 27, 1994; Law 
No. 4945, Mar. 30, 1995> 
(5)The chiefs of offices, bureaus and sections shall take charge of affairs of the 
offices, bureaus or sections under the order of their superior officers, and direct 
and control personnel under their jurisdiction. 
CHAPTER 11 JUDICIAL RESEARCH AND TRAINING INSTITUTE 
Article 72 Judicial Trainees 
(1) Judicial trainees shall be appointed by the Chief Justice of the Supreme 
Court from among those who have passed the Judicial Examination, and 
treated as public officials in special service equivalent to those in Grade IV or V. 
(2)The training period of judicial trainees shall be two years: Provided, that if it 
is necessary, the training period may be modified under the conditions as 
32 IPINlllKORll 
Page 668 
prescribed by the Supreme Court Regulations. 
(3)lf a judicial trainee falls under any of the following Subparagraphs, he may be 
dismissed from his office: 
1.Where he falls under any of Subparagraphs of Article 33 of the National 
Civil Service Act; 
2. Where he has committed an act to impair the dignity; 
3. Where his attitude of training is so unfaithful that the result of training is not 
good; and 
4.Where it is impossible for him to receive any further training due to a 
disease. 
(4)The court may nominate ex officio a judicial trainee as a counsel. 
Article 73 Organization 
(1) There shall be installed a Director, a Deputy Director, professors and 
instructors in the Judicial Research and Training Institute. 
(2)The Director shall take charge of affairs of the Judicial Research and 
Training Institute under the direction of the Chief Justice of the Supreme Court, 
and direct and control personnel under his jurisdiction. 
(3)The Deputy Director shall assist the Director, administer affairs of the Judicial 
Research and Training Institute, and if the Director becomes vacant or is unable 
to carry out his duties by accident, the Deputy Director shall act for him. 
(4)The secretaries to the Director and the Deputy Director of the Judicial 
Research and Training Institute shall be assigned to the Judicial Research 
and Training Institute. <Amended by Law No. 4765, Jul. 27, 1994> 
(5)The secretaries to the Director and the Deputy Director of the Judicial 
Research and Training Institute shall be appointed from among the court 
officials of Grade V or public officials equivalent to Grade V in special 
service. <Amended by Law No. 4765, Jul. 27, 1994> 
Article 74 Director, etc. of Judicial Research and Training Institute 
(1) The Director of the Judicial Research and Training Institute shall be 
appointed by the Chief Justice of the Supreme Court from among judges; the 
Deputy Director, from among public prosecutors; and professors, from among 
judges, public prosecutors, lawyers and other persons of considerable learning 
and experience. <Amended by Law No. 4765, Jul. 27, 1994> 
(2)lnstructors shall be commissioned by the Director of the Judicial Research 
33 and Training Institute in conformity to the case of professors. IP/N/IIKORll 
Page 669 
(3)Judges and public prosecutors who are in full-time service in the Judicial 
Research and Training Institute, shall not be counted in the number of judges as 
prescribed in Article 5 (3) or the number of public prosecutors as prescribed by 
the Fixed Number of Public Prosecutors Act. 
Article 75 Secretariat 
(1) There shall be established the secretariat in the Judicial Research and 
Training Institute, and in the Secretariat, sections shall be established. The 
establishment of sections and division of affairs to be carried out by sections 
shall be determined by the Supreme Court Regulations. 
(2) The chief of bureau or section shall be installed in each bureau or section. 
(3)The chief of bureau shall be appointed from among court officials in 
Grade 11 or Ill, and the chief of section, from among court officials in Grade IV or 
V. 
(4 )The chiefs of bureaus and sections shall take charge of affairs of bureaus 
and sections under the order of their superior officers, and direct and control 
personnel under their jurisdiction. 
Article 76 Matters to be delegated 
The appointment, training, remuneration and examination of trainee and other 
matters necessary for the operation of the Judicial Research and Training 
Institute shall be determined by the Supreme Court Regulations. 
CHAPTER III COURT OFFICIALS TRAINING INSTITUTE 
Article 77 Organization 
(1 )There shall be installed a Director, professors and instructors in the Court 
Officials Training Institute. 
(2)The Director shall take charge of affairs of the Court Officials Training 
Institute under the direction of the Chief Justice of the Supreme Court, and 
direct and control personnel under his jurisdiction. 
Article 78 Director, etc. 
34 IP/N/IIKORlI 
Page 670 
(1) The Director of the Court Officials Training Institute shall be appointed from 
among judges or public officials in special service equivalent to Grade I. 
(2) Professors shall be appointed from among court officials in Grade III or 
IV, or public officials in special service equivalent to Grade III or IV. 
(3)lnstructors shall be commissioned by the Director of the Court Officials 
Training Institute from among those who are of considerable learning and 
experience. 
Article 79 Applicable Provisions 
The provisions of Article 75 shall be applicable to the Court Officials Training 
Institute. 
Article 80 Matters to be delegated 
Matters necessary for the operation, etc. of the Court Officials Training 
Institute shall be determined by the Supreme Court Regulations. 
CHAPTER IV COURT LIBRARY 
Article 81 Organization 
(1) A Librarian shall be installed in the Court Library. 
(2) The Librarian shall be appointed from among judges, court officials in Grade 
II or Ill. 
(3)The Librarian shall take charge of affairs of the Court Library under the 
direction of the Chief Justice of the Supreme Court, and direct and control 
personnel under his jurisdiction. 
(4)Matters necessary for the organization, operation, etc. of the Court Library 
shall be determined by the Supreme Court Regulations. 
TITLE VIII EXPENSES OF COURTS 
Article 82 Expenses of Courts 
(1) Expenses of courts shall be appropriated independently in the national 
budget. 
(2)The librarian shall be appointed from among judges, court officials of Grade 11 
35 or Ill. <Newly Inserted by Law No. 4765, Jul. 27, 1994> IP/N/1/KORJ1 
Page 671 
(3)A reserve fund shall be established in the expenses as referred to in 
Paragraph (1). 
ADDENDA 
Article 1 Enforcement Date 
This Act shall enter into force as of February 25, 1988. 
Article 2 Omitted. 
Article 3 Relation with Other Laws and Regulations In case where the 
provisions of the previous Court Organization Act are quoted in laws and 
regulations other than laws revised under Article 2 of Addenda at the time of the 
enforcement of this Act, if there are provisions corresponding to them in this Act, 
such corresponding Articles and Paragraphs of this Act shall be considered to 
be quoted in lieu of the previous provisions. 
ADDENDA <Aug. 5, 1988> 
Article 1 Enforcement Date 
This Act shall enter into force as of September 1,1988. (Proviso is Omitted) 
Article 2 to 8 Omitted. 
ADDENDA <Dec. 31,1990> 
Article 1 Enforcement Date 
This Act shall enter into force as of January 1, 1991. 
Article 2 to 10 Omitted. 
ADDENDA <JUl. 27,1994> 
Article 1 Enforcement Date 
(1) This Act shall enter into force as of March 1, 1995: Provided, That matters of 
the revised provisions of Articles 3, 7, 29 and 31, concerning the Shi/Kun court, 
the revised provisions of Articles 33 and 34, and the provisions of Article 4 of 
36 IP/N/IIKORll 
Page 672 
the Addenda, shall enter into force as of September 1, 1995; matters of the 
revised provisions of Articles 20, 44 and 44-2 concerning the reserve judge, and 
the revised provisions of Articles 42-2 and 42-3, as of March 1, 1997; and 
matters of the revised provisions of Articles 3, 5 to 7, 9-2, 10, 14, 28 and 44, 
concerning the patent court and the president thereof, or the administrative 
court and the president thereof, and the revised provisions of Chapter 11 of Title 
III (Articles 28-2 to 28-4), Chapter V of Title III (Articles 40-2 to 40-4) and Article 
54-2, as of March 1, 1998. 
(2) The provisions of Articles 42-4 and 54 shall enter into force as of the date as 
determined by the Supreme Court Regulations. 
Article 2 Interim Measures concerning Administrative Cases 
Any cases belonging to the competence of the administrative court in any area 
where no administrative court is established at the time matters concerning the 
administrative court as prescribed in the provison of Article 1 (1) of the Addenda 
enter into force, shall be under the jurisdiction of the district court concerned 
until the administrative court is established. 
Article 3 Interim Measures concerning ShilKun Court 
Any case pending in the circuit tribunal, at the time matters concerning the 
ShilKun court as prescribed in the proviso of Article 1 (1) of the Addenda enter 
into force, shall be considered to be pending in the Shi/Kun court concerned 
under this Act. 
Article 4 Omitted. 
Article 5 Relation with Other Laws 
(1) The circuit tribunals as prescribed by other laws and regulations at the time 
matters concerning the Shi/Kun court as prescribed in the proviso of Article 1 
(1) of the Addenda enter into force, shall be considered as the ShilKun courts 
as prescribed by this Act. 
(2) The investigators as prescribed by other laws and regulations at the time the 
revised provisions of Articles 42-4 and 54 as prescribed in Article 1 (2) of the 
Addenda enter into force, shall be considered as the judicial assistant officials 
as prescribed by this Act. 
(3)The court clerks as prescribed by other laws and regulations at the time this 
Act enters into force, shall be considered as the court guards as prescribed by 
this Act. 
37 Article 6 Interim Measures concerning Pending Cases IP/N/IIKORll 
Page 673 
Notwithstanding the revised provisions of Subparagraph 3 of Article 32 (1), any 
penal cases pending in the court at the time this Act enters into force, shall be 
governed by the previous provisions. 
ADDENDUM <Mar. 30, 1995> 
This Act shall enter into force as of the date of its promulgation. Press [Enter 
key] down. 
38 IP/N/IIKORll 
Page 674 
THE NATIONAL COMPENSATION ACT 
(Act No 471 of22 February 1958) 
(last amended by Act No. 5433 
of 13 December 1997) 
(Entry into force: 1 March 1998) 
-TABLE OF CONTENTS -
Article 1 Purpose ................................................ .............................................................................. 2 
Article 2 Liability/or Damages ........................................................................................................ 2 
Arlicle.l .. __ Bn..s..is.tO'l .. CQrupe.l1sn..WI1 ..................................................................................................... 2 
Article 3-2 Amount Q/Deduction ..................................................................................................... 3 
Article 4 Prohibition QjAssignment, etc. .......................................................................................... 4 
Article 5 Liability /or Damages caused by Defects in Public Structures. ete. .................................... 4 
Article 6 Liability QjPerson who Bears Expenses. etc. ..................................................................... 4 
Artic..le..L_.Lia.b..ili1Y-J!ll.Alie.n ............................................................................................................... 5 
Article 8 Relation lvith Other. Lmvs .................................................................................................. 5 
Article 9 Request Pre-suit Process .................................................................................. .................. 5 
Article 10 Compensation Council ......................................................................... ............................ 5 
Article..ll _____ .Autb.QJ:iOLQtD.e.lib..cr..ati1!f:...CQlI.ncj1. .................................................................................... 6 
Article..12 _____ .Re.qu.e.s1..tO'l.P,(lJ.'m..e.nLQ!-CQmpel1sn..tiQI1 •......................................•.................................... 6 
Article 13 Deliberation and Decision .............................................................................. .................. 6 
Article 14 Service Qj UTitten Decision .............................................................................................. 7 
Article 15 Applicant's Consent and Payment QjCompensation ........................................................ 7 
Ar/ic..lc_lJ..::2. __ .A.ppli<:.n..tiQI1Ju1'...Re.ex.aminati!ln ..................................................................................... 7 
Article 16 Effect Q/Decision on COmpensation ................................................................................ 8 
Article 17 Eriforcemen.t Decree ........................................................................................................ 8 
ADDENDA ..................................................... ...................................................................................... 8 
ADDENDUM <Feb. S. 1973> ............................................................................................................... 9 
AD.DliNJ)A.:5lal1, __ 4~.1!!..80~ .................................. ................................................................................. 9 
ADDENDA <Dee. 1Z 1981> ................................................................................................................. 9 
1 Article 1 Purpose IPINIlIKOR/l 
Page 675 
The purpose of this Act is to provide for the liability of the State or Local 
Government to make a reparation for damages and the procedure for such 
reparation. 
Article 2 Liability for Damages 
(1) When public officials inflict damages on other persons intentionally or 
negligently in the course of performing their official duties, in violation of the 
provisions of laws and regulations, or when they are liable for compensation 
damages under the Motor Vehicle Accident Compensation Security Act, the 
State or Local Government shall redress the damages: Provided, That when 
military personnel, employees in the armed forces, police officials or homeland 
reserve forces are killed in action or in the performance of their duties or injured 
while on duty in connection with combat training or performance of other official 
duties, or in the facilities and automobiles, vessels, aircraft and other forms of 
transportation, all of which are used for national defense or the maintenance of 
public safety, they or their bereaved family shall not claim damages under this 
Act and the Civil Code, if they can claim accident compensation, surviving 
family annuity, wound annuity, etc., pursuant to other laws and regulations. 
<Amended by Law No. 3464, Dec. 17, 1981> 
(2) In the case of the main text of Paragraph (1) if such damage has been 
caused by bad faith or gross negligence of the public official concerned, the 
State or Local Government may demand from the public official reimbursement. 
[This Article Wholly Amended by Law No. 3235, Jan. 4, 1980] 
Article 3 Basis for Compensation 
(1) In the case of the deprivation of another person's life falling under Article 2 
(1), compensation shall be made to the inheritor of the victim (Hereinafter 
referred to as "the bereaved family") in accordance with the following: 
1. Bereaved family compensation in the amount of the monthly salary or the 
monthly 
income or income of average wages at the time of deprivation of the victim's 
life multiplied by the future working period; and 
2. Funeral expenses as determined by the Presidential Decree. 
(2) In the case of bodily injury of another person falling under Article 2(1), 
compensation shall be made to the injured person in accordance with the 
following: 
1. Necessary medical treatment or medical treatment expenses in lieu of 
medical treatment; 
2. If any loss of monthly salary, monthly income or income of average wage 
has been incurred on account of the medical treatment mentioned 
2 IP/N/lIKORl1 
Page 676 
hereinabove, 
non-duty compensation of the loss caused during the period of medical 
treatment; and 
3. If the injured person remains physically handicapped after the completion 
of treatment and therapy, physical handicap compensation shall awarded in 
an 
amount calculated by multiplying the future workable period by the amount of 
monthly salary or monthly income at the time injury was incurred, subject to 
the classification of the degrees of the physical handicap. 
(3) In the case of the destruction of or damages to the property of another 
person falling under Article 2 (1), compensation shall be made to the victim in 
accordance with the following: 
1. The market price of the property at the time damages were incurred, the 
necessary repair of the property or the cost of repair in lieu of repair 
itself; and 
2. If any loss has been caused to income on account of the repair as referred 
to in Subparagraph 1, compensation shall be made to cover the loss caused 
during the period of repair. 
(4) In the case of loss other than the deprivation of another person's life, bodily 
injury or the damages to or the destruction of property, compensation shall be 
made within the scope of proximate causal relation. 
(5) The consolation money for mental distress damages shall be paid to the 
lineal ascendant, lineal descendant or the spouse of the victim or the victim 
himself suffering the bodily injury by taking into consideration the social status 
of the victim or the degree of negligence involved and the living conditions of 
the bereaved family or the victim, such amount of damages to be within the 
standards as prescribed by the Presidential Decree. 
(6) The future workable period and the classification of the degrees of the 
physical handicap as referred to in Subparagraph 1 of Paragraph (1), and 
Subparagraph 3 of Paragraph (2) shall be determined by the Presidential 
Decree. 
(7) The monthly salary or the monthly income or income of average wages as 
referred to in Paragraphs (1) to (3) (hereinafter "monthly income") shall be 
ascertained by the mayor, the magistrate of the Kun or Ku or internal revenue 
service, whichever has jurisdiction over the victim or the chief or other officials 
of the office of the victim, and in case there is no testimony possible such as 
aforementioned, the provisions of the Presidential Decree shall be applied to 
the monthly income. 
[This Article Wholly Amended by Law No. 3235, Jan. 4, 1980] 
Article 3-2 Amount of Deduction 
3 IPlNlllKORll 
Page 677 
(1) Where the victim receives a benefit and at the same time suffers from loss 
as 
referred to in Article 2 (1), the amount of benefit shall be deducted. 
(2) Where the bereaved family compensation as referred to in Article 3 (1) and 
injury 
compensation as referred to in Article 3 (2), and future medical treatment 
expenses are asserted at one instance, the future interest accounted by 
statutory interest rates under the compound interest method shall be deducted. 
[This Article Newly Inserted by Law No. 3235, Jan. 4, 1980] 
Article 4 Prohibition of Assignment, etc. 
The right to seek redress for the deprivation of life and bodily injury shall not be 
assigned or attached. 
<Amended by Law No. 3235, Jan. 4, 1980> 
Article 5 Liability for Damages caused by Defects in Public Structures, etc. 
(1) In case any damage has been inflicted on another person due to defective 
construction or management of road, river or any other public structures, the 
State or Local Government shall redress such damage. The provisions of 
Articles 2 (1), 3 and 3-2 shall apply to this case. 
<Amended by Law No. 3235, Jan. 4, 1980> 
(2) In the case as referred to in Paragraph (1), if there exists any other person 
who is to assume the liability for the cause of the damage, the State or Local 
Government may claim indemnity from him. 
Article 6 Liability of Person who Bears Expenses, etc. 
(1) In case the State or Local Government is liable for the redress of damages 
under Articles 2, 3, and 5, if a person who is in charge of the assignment and 
supervision of public officials or construction and management of public 
structures is not the same person as the person who is responsible for the 
disbursement of the salary, allowance or any other expense of the public 
offcials or the expense of construction and management of public structures, 
the person responsible for providing and disbursement of such expenses shall 
also be liable for the redress of the damages. 
(2) In the case as referred to in Paragraph (1), the person who has redressed 
the damage, may claim against the person liable for the redress of the damage 
on account of the special relation between them. 
4 IPINIlIKORlI 
Page 678 
Article 7 Liability for Alien 
This Act shall apply only in case where a mutual guarantee exists, if an alien is 
a victim or a damage sufferer. 
Article 8 Relation with Other Laws 
Liability of the State or a Local Government to redress damages shall be 
governed by the provisions of the Civil Code, except as otherwise prescribed in 
this Act: Provided, That if there are different provisions in a law other than the 
Civil Code, it shall be governed by such provisions. 
Article 9 Request Pre-suit Process 
Lawsuits for compensation of damages under this Act may be filed only after 
the Compensation Council (hereinafter referred to as the "Council") has made 
decisions to pay compensation or to reject the request (hereinafter referred to 
as the "decision of compensation"): Provided, That exceptions shall be made, if 
three months have elapsed since the date when request for payment of 
compensation was made. <Amended by Law No. 3235, Jan. 4, 1980> 
[This Article Wholly Amended by law No. 2459, Feb. 5, 1973] 
Article 10 Compensation Council 
(1) In order to deliberate a decision on the compensation of the State or Local 
Government, a central council shall be established in the Ministry of Justice: 
Provided, That a special council shall be established in the Ministry of National 
Defense in order to deliberate a decision on the compensation for the damage 
inflicted on a person by military personnel or employees in the armed forces. 
(2) The Central Council and the Special Council shall establish a district council 
under 
the conditions as may be prescribed by the Presidential Decree. 
<Amended by law No. 3235, Jan. 4, 1980> 
(3) The Central Council, Special Council and District Council shall be placed 
under the direction of the Minister of Justice. 
(4) Matters concerning jurisdiction, composition, operation and any other 
necessary matters of each council shall be determined by the Presidential 
Decree. 
5 Article 11 Authority of Deliberative Council IP/N/lIKORll 
Page 679 
(1) The Central and Special Deliberative Council shall deliberate and determine 
the following matters: 
<Amended by Law No. 3464, Dec. 17, 1981> 
1. Matters transmitted from a District Council under Article 13 (4); 
2. Matters concerning application for reexamination; and 
3. Matters over which the council has jurisdiction under other laws. 
(2) Each District Council shall deliberate and determine matters concerning 
payment of compensation requests made to the State or Local Government 
over which the council has jurisdiction. 
[This Article Wholly Amended by Law No. 3235, Jan. 4, 1980] 
Article 12 Request for Payment of Compensation 
(1) A person who desires to receive compensation, shall file a request for 
payment of compensation with the District Council which has jurisdiction over 
the place where the person's domicile or residence is located, or where the 
cause for compensation has occurred. 
<Amended by Law No. 3235, Jan. 4, 1980> 
(2) The chief of the agency at which the public official who has inflicted damage 
to the victim or bereaved family is employed, shall advise and encourage the 
victim or the bereaved family to file a request under Paragraph (1). 
Article 13 Deliberation and Decision 
(1) The District Council shall, without delay, upon receipt of a request for 
payment of compensation, conduct an inspection of evidence such as an 
examination of witnesses, inspection on the scene of the accident and shall, 
through deliberation of the council, render a decision of payment of 
compensation or of rejection thereof within four weeks. 
<Amended by Law No. 3235, Jan. 4, 1980> 
(2) The committee may, if it considers the payment of expenses urgent, pay in 
advance a part of the medical treatment expenses and funeral expenses as 
prescribed in Subparagraph 2 of Article 3 (1) and Subparagraph 1 of Article 3(2). 
In this case, the advance expenses shall be deducted from the amount of 
compensation when the compensation is paid after a decision for compensation. 
<Amended by Law No. 3235, Jan. 4, 1980> 
(4) The Deliberative Council shall deliberate on and determine payment of 
redress of 
6 IPINIlIKORl1 
Page 680 
damages under Articles 3 and 3-2. 
<Amended by Law No. 3235, Jan. 4, 1980> 
(5) After the District Council deliberates the request for redress of damages, it 
shall transmit without delay the records falling under any deliberative opinion to 
the Central or Special Council, if the request falls under any of the following 
Subparagraphs: <Amended by Law No. 3464, Dec. 17, 1981 > 
1. Where the expected amount of compensation is in excess of the amount 
as 
determined by the Presidential Decree; and 
2. Where the Presidential Decree provides that the Central or Special Council 
shall deliberate and determine the matters. 
(6) When the Central or Special Council receives the preceding record under 
Paragraph (4), it shall determine the amount of redress payment within four 
weeks. <Amended by Law No. 3464, Dec. 17, 1981> 
Article 14 Service of Written Decision 
(1) The council shall, in the event of rendering a decision on compensation, 
serve an original authenticated copy of the decision to the applicant within 
one week from the day on which the decision is made. 
(2) The provisions of the Code of Civil Procedure concerning service shall apply 
mutatis mutandis to the service as referred to in Paragraph (1). 
Article 15 Applicant's Consent and Payment of Compensation 
(1) An applicant who has obtained a decision for compensation, shall request 
without delay the payment of compensation, attaching consent to the decision, 
to the State or Local Government. 
(2) The procedure of payment of compensation, the agency which shall pay the 
compensation, the time for payment and the necessary details shall be 
determined by the Presidential Decree. <Amended by Law No. 3464, Dec. 17, 
1981> 
(3) If the applicant has obtained a decision for compensation and fails to 
request payment of compensation, or if a Local Government fails to pay the 
compensation within the period as referred to in the Presidential Decree, the 
applicant shall be deemed not to have consented to the decision rendered. 
<Amended by Law No. 3464, Dec. 17,1981> 
Article 15-2 Application for Reexamination 
7 IP/N/l/KORll 
Page 681 
(1) An applicant whose application for payment of damages was rejected in a 
District Council may apply for reexamination in the Central or the Special 
Council through the District Council within two weeks from the day when the 
original authenticated copy of the decision was served on him. 
(2) The District Council which receives the application for reexamination, shall 
transfer all of the documents of application for payment of damages to the 
Central or the Special Council within one week. 
(3) The Central or the Special Council shall make within four weeks their 
decision on the redress application as referred to in Paragraph (1) through 
deliberation of the case. 
(4) The provisions of Articles 14 and 15 shall apply to the redress decision of 
the Central or the Special Council on the application for reexamination. <Newly 
Inserted by Law No. 3464, Dec. 17, 1981> 
[This Article Newly Inserted by Law No. 3235, Jan. 4, 1980] 
Article 16 Effect of Decision on Compensation 
If the applicant consents to the decision on compensation rendered by the 
council, or if the Local Government pays compensation, a compromise made 
before a court prescribed in the Code of Civil Procedure shall be deemed to 
have occurred. 
Article 17 Enforcement Decree 
Matters concerning enforcement of this Act shall be prescribed by the 
Presidential Decree. 
ADDENDA 
(1) (Enforcement Date) This Act shall enter into force thirty days after the 
date of its promulgation. 
(2) (Law to be Repealed) The State Redress Act and the Procedural Act for 
Demanding State'Redress shall hereby be repealed. 
(3) (Interim Measures) Cases pending in the court at the time of enforcement 
of this Act shall not be subject to the provisions of Article 9. 
(4) (Interim Measures) For the cases pending with regard to demands for 
payment 
of compensation at the council formed under the former Act and regulations, the 
8 IPINlllKORll 
Page 682 
period as prescribed in this Act shall proceed from the date of enforcement of 
this Act. 
ADDENDUM <Feb. 5, 1973> 
This Act shall enter into force as of the date of its promulgation. 
ADDENDA <Jan. 4, 1980> 
(1) (Enforcement Date) This Act shall enter into force as of February 1, 1980. 
(2) (Interim Measures on the Jurisdiction of Council) The claims pending in 
the Central and the Special Council when this Act becomes effective, shall be 
considered to be pending in the council which has jurisdiction under this Act 
on and after the time when the application for redress of damages was filed, 
and the claims shall be transmitted immediately to the council which has 
jurisdiction. 
(3) (Interim Measures on Determination of Damages) The determination which 
is rendered on damages in the Central and the Special Council when this Act is 
effective, shall be considered to be rendered when this Act is effective, and 
shall be considered to be rendered in the council which has jurisdiction. 
ADDENDA <Dec. 17, 1981> 
(1) (Enforcement Date) This Act shall enter into force as of February 1, 1982. 
(2) (Interim Measures) The application for permission pending in the Central 
or the Special Council shall be deliberated on and disposed of in the council 
under this Act. [Table] Deleted. <Jan. 4, 1980> 
9 ATTACHMENT 6 
CUSTOMS ACT IP/N/IIKORll 
Page 683 
Act No. 67 of23 October 1949 
last amended by Act No. 5681 of 21 January 1999 
Entry into force: 21 January 1999 
-TABLE OF CONTENTS -
Artid£...1.4fj::L .... h(!te.c.ti.Q1LQJ.lnt.e.lle.c.tu.alPr(!p.e.r1yB.jgh.t~ ................................................................... 2 IP/N/IIKORll 
Page 684 
Article 146-2 Protection of Intellectual Property Rights 
(1) Goods which infringe upon a trademark right registered under the 
Trademark Act, may not be exported or imported. 
(2) If it is deemed necessary for efficient control over goods infringing upon a 
trademark right, the Commissioner of the Korea Customs Service may request 
the owner of the registered trademark right to report matters concerning the 
trademark right. 
(3) If it is deemed that goods for which export or import declaration has been 
made, have infringed upon a trademark right reported on under paragraph (2), 
the customs collector shall notify the owner of the registered trademark right, of 
the export or import declaration. In this case, the owner of the trademark may, 
upon receiving the notification, offer a security to the customs collector and 
request to suspend the release of the declared goods in question. 
(4) A person who desires to protect a trademark right may provide a security to 
the customs collector, and request to suspend the release of the goods which 
infringe upon the trademark right. 
(5) The customs collector shall, upon receiving the request as referred to in 
paragraphs (3) and (4), suspend the release of the infringing goods, unless 
exceptional conditions determined otherwise: Provided that the export or import 
declarer provides a security, and requests the release of the goods in question, 
the customs collector may permit the release of the goods. 
(6) Matters concerning reporting on trademark right, provision of security, and 
suspension and permission of the release of goods, referred to in paragraphs 
(2) through (5) shall be determined by Presidential Decree. 
(7) The provisions of paragraphs (4) through (6) shall be applicable to copyright 
as prescribed by the Copyright Act. ENFORCEMENT DECREE 
OF THE CUSTOMS ACT IP/N/l/KORll 
Page 685 
Presidential Decree No. 295 of27. March 1950 
last amended by Presidential Decree No.16430 of30June 1999 
Entry into force: I July 1999 
1 IP/N/lIKORll 
Page 686 
Article 127-5 Declaration of Trademark Right 
A person who desires to declare a trademark right under Article 146-2 (2) of the 
Customs Act, shall submit to the customs collector a written declaration stating 
the following matters, and evidential documents registered under the Trademark 
Act: 
1. the person who is entitled to use the trademark right; 
2.the details and scope of the trademark right; 
3.exporter or importer, exporting or importing country having a possibility of 
infringement; and 
4.matters necessary to prove the fact of infringement. 
Article 127-6 Request for Suspension of Release of Goods 
A person who desires to request the suspension of the release of goods under 
Article 146-2 (3) and (4) of the Act, shall submit to the customs collector a 
written application stating the following matters, and documents proving that the 
person rightfully owns the trademark right under the relevant law: 
1. the name of the product, exporter or importer, exporting country or importing 
country; 
2. the details and scope of the trademark right; 
3. the reason for request; and 
4.matters necessary to prove the fact of infringement. 
Article 127-7 Suspension of the Release of Goods 
(1) If it is proved, that the declared goods infringe upon a trademark right on 
goods in respect of which the request for suspension of the release has been 
made under Article 146-2 (3) and (4) of the Act, the customs collector shall 
suspend the release of the goods. Provided that the owner of the trademark 
right consents to the release of the goods, the goods in question may be 
released under the conditions as prescribed by the Commissioner of the Korea 
2 Customs Service. IP/N/IIKORll 
Page 687 
(2) The customs collector shall, upon suspending the release of the goods 
under paragraph (1), notify the fact of suspension to the owner of the trademark 
right who requested the suspension and the person who declared the goods in 
question to the customs. 
(3) If a person who requested a suspension of the release of goods, establishes 
the fact that he has instituted a lawsuit in a court, within 10 days (excluding 
holidays and sundays; hereinafter in this paragraph the same shall apply), after 
he is notified of the fact of the suspension as prescribed in paragraph (2), the 
customs collector may continue the suspension. In this case, if the person who 
requested a suspension fails to institute a lawsuit in a court within 10 days due 
to inevitable circumstances, the time limit for the establishment of the fact may 
be extended by another 10 days. 
(4) Notwithstanding the provisions of paragraph (3), if the suspension of the 
release of goods is in progress or to be extended by a provisional protection 
measure of the court, the suspension period shall be determined according to 
the following subparagraphs: 
1.lf the court specifies the provisional protection measure period, the 
suspension shall continue until the last day of the period; 
2.lf the court does not specify the provisional protection measure period, the 
suspension shall continue for 31 days from the date on which the provisional 
protection measure is undertaken. 
(5) Any goods the release of which is suspended under paragraph (1), shall be 
stored at a place designated by the customs collector, until the release of the 
goods is permitted. 
Article 127-8 Request for Release of Suspended Goods 
(1) If a declarer of export or import desires to request the release of suspended 
goods under the proviso of Article 146-2 (5) of the Act, he shall submit to the 
~ 
customs collector a written application and documents proving that the goods 
3 IPINlllKORll 
Page 688 
do not infringe upon a trademark right, under the conditions as prescribed by 
the Commissioner of the Korea Customs Service. 
(2) The customs collector shall, upon receiving a request as referred to in 
paragraph (1), immediately notify the person who requested the suspension of 
the goods that such a request has been made, and the person may, upon 
receiving such notification, present evidential documents related to the 
infringement to the customs collector. 
(3) The customs collector shall, upon receiving the request as referred to in 
paragraph (1), decide whether the goods are to be released or not within 15 
days from the date on which the request for such release is made. In this case, 
the customs collector may make the decision after consulting with relevant 
agencies or experts. 
Article 127-9 Provision of SecuritY,etc. 
(1) A person who desires to provide a security to the customs collector under 
Article 146-2 (3) and (4) of the Act, shall pay the amount equivalent to 120/100 
of the dutiable value of the goods concerned and the payment shall be made by 
the means as prescribed in Article 21 (1) 1 through 4 of the Act. 
(2) Any declarer of export or import who desires to provide a security to the 
customs collector under the proviso of Article 146-2 (5) of the Act, shall pay the 
amount calculated by adding 25/100 of the security amount as referred to in 
paragraph (1) to the security amount and the payment shall be made by the 
means as prescribed in Article 21 (1) 1 through 4 of the Act. 
(3) A person who provides the security under paragraph (1) or (2) shall submit 
to the customs co,lIector in writing a document allowing the security to be used 
for compensation for any damage caused to the export or import declarer or the 
person who requested the suspension of the release of goods, according to the 
rulings of the court. 
(4) In cases where the customs collector allows the release of the goods 
4 IP/N/lIKORll 
Page 689 
suspended according to Article 146-2 (3) and (4) of the Act, or continues the 
suspension despite the request for release of the goods made according to the 
proviso of Article 146-2 (5) of the Act, the customs collector shall return the 
security to the provider according to Article 127-9 (1) or (2). 
(5) The provisions of Articles 11 and 11-2 shall be applicable to a request for 
return of security provided under paragraphs (1) and (2), and to blanket security. 
Article 127-10 Determination of Infringement of Trademark Right 
(1) The customs collector may request the owner of a trademark right to provide 
personnel or facilities if it is deemed necessary to determine whether the 
trademark right on imported or exported goods has been infringed upon or not. 
(2) If the owner of a trademark right, or the declarer of export or import, or other 
interested person requests a test or sample of the goods importation or 
exportation of which has been notified under Article 146-2 (3) of the Act, or the 
release of which has been suspended under Article 146-2 (5) of the Act, to 
determine whether the trademark right has been infringed upon or not, the 
customs collector shall grant permission for such a request, unless exceptional 
conditions determined otherwise such as protection of business secrets 
concerning the goods in question. 
(3) Matters concerning determination of infringement upon a trademark right 
and procedures for suspension of the release of goods, etc. shall be determined 
by the Commissioner of the Korea Customs Service. 
Article 127-11 Exclusion from Application 
The provisions of Article 146-2 (1) of the Act shall not be applicable to goods 
such as traveler ??? personal belongings, mail, etc., exported or imported in 
small quantity to be used not for commercial purposes but for personal 
purposes. 
5 IP/N/lIKORl1 
Page 690 
Article 127-12 Applicable Provisions 
The provisions of Articles 127-6 through 127-11 shall be applicable to 
copyright as prescribed in the Copyright Act. 
6 ATTACHMENT 7 
Code of Penal Procedure IPINIlIKOR/1 
Page 691 
Code No. 341 of23 September 1954 
last amended by Code No. 5454 of 13. December. 1997 
Entry into force: 1 January 1988 
-TABLE OF CONTENTS -
PART I GENERAL PROVISIONS ............................................. ............................ 3 
CHAPTER I JURISDICTION OF COURTS ................................................................ 3 
CHAPTER 11 EXCLUSION, CHALLENGE AND REFRAINING OF COURT 
OFFICIALS ........................................................................................................................ 6 
CHAPTER III REPRESENTATION AND ASSISTANCE FOR ACTS OF 
LITIGATION ...................................................................................................................... 8 
CHAPTER IV 
CHAPTER V 
CHAPTER VI 
CHAPTER VII 
CHAPTER VIII 
CHAPTER IX 
CHAPTER X 
CHAPTER XI 
CHAPTER XII 
CHAPTER XIII 
CHAPTER XIV 
CHAPTER XV 
CHAPTER XVI DEFENSE .............................................................. : ............................... 9 
DECISION ........................................................ : ................................... 10 
DOCUMENTS ..................................................................................... 12 
SERVICE ........................................................................................... 15 
PERIOD ............................................................................................ 17 
SUMMONS AND DETENTION OF THE ACCUSED ...................... 18 
SEIZURE AND SEARCH .................................................................... 26 
EVIDENCE BY INSPECTION .......................................................... 32 
EXAMINATION OF WITNESS ....................................................... 33 
EXPERT EVIDENCE ...................................................................... 37 
INTERPRETATION AND TRANSLATION .................................. .40 
PRESERVATION OF EVIDENCE ................................................... .41 
COSTS OF TRIAL ........................................................................... 41 
PART II COURT OF FIRST INSTANCE ............................................... ............. 43 
CHAPTER I INVESTIGATION ................................................................................. 43 
CHAPTER 11 PUBLIC PROSECUTION ................................................................... 55 
CHAPTER III PUBLIC TRIAL .................................................................................. 61 
SECTION 1 Preparation of Public Trial and Procedure of Public Trial ...................................... 61 
SECTION 2 Evidence ............................................................................................................. 69 
SECTION 3 Judgment of Trial ................................................................................................ 73 
1 IP/N/lIKORl1 
Page 692 
PART III APPEALS ............................................... .............................................. 77 
CHAPTER I COMMON PROVISIONS ..................................................................... 77 
CHAPTER 11 APPEAL TO HIGH COURT (HANGSO) ........................................... 80 
CHAPTER III APPEAL TO SUPREME COURT FROM HIGH COURT ............... 84 
CHAPTER IV APPEAL ON RULING (HANGGO) ................................................... 90 
PART IV SPECIAL PROCEEDINGS OF TRIAL ............................................... 93 
CHAPTER I REOPENING OF PROCEDURE .......................................................... 93 
CHAPTER 11 EXTRAORDINARY APPEAL ............................................................. 97 
CHAPTER III SUMMARY PROCEDURE ................................................................ 99 
PART V EXECUTION OF DECISION. .............................................................. 100 
2 PART I GENERAL PROVISIONS 
CHAPTER I JURISDICTION OF COURTS 
Article 1 Investigation of Jurisdiction ex officio 
The court shall ex officio investigate jurisdiction. 
Article 2 Wrong Jurisdiction and Effect of Proceedings IPlNlllKORll 
Page 693 
The proceedings in an action shall not lose effect thereof by reason of wrong 
jurisdiction. 
Article 3 Execution of Duties outside Jurisdiction 
(1) In case it is necessary for the purpose of fact finding or in case of urgency, 
the ourt may, outside the district under its own jurisdiction, carry out its duties 
or take such measures as may be necessary for the fact finding. 
(2) The provision of the preceding Paragraph shall apply mutatis mutandis to a 
commissioned judge. 
Article 4 Territorial Jurisdiction 
(1) The territorial jurisdiction of the court shall be determined by the place of 
offense, or the place of domicile or residence of the accused or by the place 
where the accused may be found. 
(2) In respect to an offense committed on board a Korean vessel sailing outside 
Korea, in addition to the places mentioned in the preceding Paragraph, the 
territorial jurisdiction of the court shall be determined by the home port of the 
vessel or the place where such vessel has lain at anchor subsequent to the 
commission of the offense. 
(3) The provisions of the preceding Paragraph shall apply mutatis mutandis to 
an offense committed in a Korean aircraft while outside Korean territory. 
Article 5 Consolidation of Territorial Jurisdiction 
When several cases falling under the territorial jurisdiction of different courts are 
co-related with each other, a court which has jurisdiction over one of them may 
exercise jurisdiction over the other cases. 
Article 6 Consolidated Proceedings for Territorial Jurisdiction 
3 IP/N/IIKORll 
Page 694 
When several co-related cases falling under the territorial jurisdiction of different 
courts are pending severally in different courts, the next immediately higher 
court being common to all such courts may, upon request of a public prosecutor 
or the accused, make a ruling that the cases shall be consolidated in one court. 
Article 7 Separate Proceedings for Territorial Jurisdiction 
In the event several co-related cases falling under the territorial jurisdiction of 
different courts are pending before one court, and there is any case 
unnecessary to be examined consolidatedly, the said court may, by means of a 
ruling, separate and transfer it to other court having jurisdiction. 
Article 8 Transfer of Case ex officio 
If an accused is not found inside the district under the territorial jurisdiction of 
the court, and if there are any special circumstances, the court may, by means 
of a ruling, transfer the case to an equivalent ranking court which has 
jurisdiction over the place where the accused is presently located. 
Article 9 Consolidation of Jurisdiction of Subject Matter 
When several cases the jurisdiction of the subject matter of which is different, 
are co-related with each other, the collegiate body of the court shall exercise 
jurisdiction over all of them by consolidation. However, the court may, by means 
of a ruling, transfer the case to a single judge of a court having jurisdiction over 
the cases. 
Article 10 Combined Proceedings for Jurisdiction of Subject Matter 
When several co-related cases the jurisdiction of the subject matter of which is 
different are severally pending before the collegiate body and a single judge of 
a court, the collegiate body of a court may, notwithstanding the jurisdiction of 
the subject matter, examine consolidatedly the case belonging to the jurisdiction 
of the single judge by means of a ruling. 
Article 11 Definition of Co-related Cases 
Several cases shall be deemed to be co-related in the following cases: 
1. In case several offenses have been committed by one person; 
2. In case several persons have jointly committed the same offense or a 
separate offense; , 
3. In case several persons have committed individually an offense at the 
same time and at the same place; and 
4. The offense of harboring an offender, suppression of evidence, perjury, 
false expert testimony or interpretation, or the offense relating to the stolen 
goods, and the offense of the principal offender thereof. 
4 Article 12 One and Same Case pending before Several Courts IPINlllKORll 
Page 695 
When one and the same case is pending before several courts the jurisdiction 
of the subject matter of which is different, it shall be examined by the collegiate 
body of the court. 
Article 13 Concurrence of Jurisdiction 
When one and the same case is pending before several courts the jurisdiction 
of the subject matter of which is identical, the court in which the public 
prosecution therefor has first been instituted shall examine the case. However, 
the next immediately higher court being common to all such courts may, upon 
request of a public prosecutor or the accused, have the court in which the public 
prosecution therefor has been instituted later examine such case by means of a 
ruling. 
Article 14 Request for Designation of Proper Court 
In the following cases, a public prosecutor shall request the next immediately 
higher court being common to the first instance court concerned the designation 
of proper court: 
1. When the jurisdiction district of the court is not clear; and 
2. When there is no other proper court in respect to such case as the decision 
declaring the improper jurisdiction therefor has become final and conclusive. 
Article 15 Request for Transfer 
In the following cases, a public prosecutor or the accused may request the next 
immediately higher court the transfer of the case to other court: 
1. When for a legal reason, or owing to special circumstances the court 
having jurisdiction is unable to exercise its judicial power; and 
2. When owing to the nature of the offense, the popular sentiment of the 
district, the circumstances of the proceedings or any other circumstances, there 
is any apprehension that an impartial trial cannot be maintained. 
Article 16 Forms of Designation of Proper Court and Request for Transfer 
(1) In case of a request for designation of proper court or transfer to other court, 
a written application stating the cause shall be submitted to the next 
immediately higher court. 
(2) When designation of proper court or transfer to other court is requested, 
after the institution of the public prosecution, notice thereof shall be immediately 
given to the court in which the public prosecution has been instituted. 
Article 16-2 Transfer to Military Court 
5 IP/N/l/KORll 
Page 696 
When a military court comes to have jurisdiction over a case in which public 
prosecution has been instituted or it is found that the military court has 
jurisdiction over such case, the court concerned shall, by means of a ruling, 
transfer such case to the same level of the military court having the jurisdiction. 
In this case, the proceedings already done before the transfer shall not lose the 
effect thereof by reason of the transfer. <Amended by Law No. 3955, Nov. 28, 
1987> [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973] 
CHAPTER 11 EXCLUSION, CHALLENGE AND REFRAINING 
OF COURT OFFICIALS 
Article 17 Reason for Exclusion 
In the following cases, a judge is excluded from the exercise of his duties: 
1. In case he himself is the injured person; 
2. In case he is or was a relative, head of a household or a family member of 
the accused or the injured person; 
3. In case he is the legal representative, supervisor of guardianship of the 
accused or the injured person; 
4. In case he has become a witness or an expert witness in regard to the 
case, or has become an agent of the injured person; 
5. In case he has acted as the representative, counsel or assistant of the 
accused with respect to the case; 
6. In case he has exercised the duties of a public prosecutor or a judicial 
police officer pertaining to the case; and 
7. In case he has participated in the decision by the court below or 
investigation or trial which constituted the basis thereof in the case. 
Article 18 Reason for Challenge and Person entitled to Apply for Challenge 
(1) In the following cases, a public prosecutor or the accused may challenge a 
judge: 
1. If a judge falls under any of the reasons referred to in Subparagraphs of 
the preceding Article; and 
2. If there is any apprehension that a judge may render a partial judgment. 
(2) A counsel may file a motion for challenge on behalf of the accused: 
Provided, That he shall not make anything contrary to the clear intention 
expressed by the accused. 
Article 19 Jurisdiction over Motion for Challenge 
(1) The challenge against a judge who is a member of a collegiate court shall 
be ruled upon by the court to which the judge belongs, and the challenge 
against a commissioned judge, requisitioned judge or single judge shall be 
moved before the judge concerned. 
6 IP/NIl/KORJl 
Page 697 
(2) A cause of challenge shall be made by preparing presumptive proof in 
writing within three days from day of the motion thereof. 
Article 20 Dismissal of Motion for Challenge and Conduct 
(1) A motion for challenge in contravention of the provisions of the preceding 
Article, shall be dismissed by means of a ruling by the court or judge which 
received such motion. 
(2) The judge who has been challenged shall submit a written opinion on the 
motion for challenge without delay, except in the case of the preceding 
Paragraph. 
(3) In case of the preceding Paragraph, when the challenged judge deems the 
challenge to be good, it shall be regarded as a ruling rendered. 
Article 21 Decision to Motion for Challenge 
(1) The decision on a motion for challenge shall be determined by a ruling of the 
collegiate body of the court to which the challenged judge belongs. 
(2) The judge who has been challenged shall take no part in the decision 
mentioned in the preceding Paragraph. 
(3) In case the court to which the challenged judge belongs does not constitute 
a collegiate body, the next immediately higher court shall decide it. 
Article 22 Motion for Challenge and Suspension of Proceedings 
Except in case of urgency, the proceedings therefor shall be suspended after a 
challenge is made except in a case falling under Article 20 (1). 
Article 23 Dismissal of Motion for Challenge and Immediate Appeal 
A ruling by which a motion for challenge is dismissed may be appealed 
immediately. 
Article 24 Cause of Challenge, etc. 
(1) In case a judge considers that there is any cause which falls under the 
provisions of Article 18, he shall refrain from passing on the matter. 
(2) The motion to refrain shall be made in writing with the competent court. 
(3) The provisions of Article 21 shall apply mutatis mutandis to the motion to 
refrain. 
7 IPINlllKORll 
Page 698 
Article 25 Exclusion, Challenge and Refraining of Court Officials of Grade IV, 
etc. 
(1) With the exception of the provision of Subparagraph 7 of Article 17, the 
provisions of this Chapter shall apply mutatis mutandis to court officials of 
Grade IV, VIII and interpreters. 
(2) The ruling on challenges against court officials of Grade IV, VIII and 
interpreters under the preceding Paragraph shall be rendered by the court to 
which they belong. However, the ruling under Article 20 (1) shall be rendered by 
a judge of a court to which such challenged person belongs. 
CHAPTER III REPRESENTATION AND ASSISTANCE FOR 
ACTS OF LITIGATION 
Article 26 Person without Mental Capacity and Representation for Acts of 
Litigations 
In a case involving an offense to which the provisions of Articles 9 to 11 of the 
Penal Code do not apply and the accused or suspect is devoid of mental 
capacity, he shall be represented by his legal representative in regard to acts of 
litigation. 
Article 27 Juristic Person and Representation for Acts of Litigation 
(1) When the accused or suspect is a juristic person, it shall be represented by 
its representative in regard to acts of litigation. 
(2) Even when a corporation is represented by two or more persons jointly, it 
shall be represented by each of them severally in respect to acts of litigation. 
Article 28 Special Proxy for Acts of Litigation 
(1) When there is no person to act for, or to represent the accused in 
accordance with the provisions of the preceding two Articles, a special 
representative shall be appointed by the court upon request of a public 
prosecutor or ex officio, and in case there is no person to act for, or to represent 
the suspect, a special representative shall be appointed by the court upon 
request of a public prosecutor or other interested person. 
(2) The special representative shall exercise his functions until there is another 
person to perform the acts of litigation as proxy for or on behalf of the accused 
or the suspect. 
8 Article 29 Assistant IP/N/l/KORJl 
Page 699 
(1) The legal representative, spouse, lineal relatives, brother or sister, or the 
head of a household of the accused or the suspect may become an assistant. 
(2) A person who desires to become an assistant shall report in writing. 
(3) An assistant may independently perform acts of litigation insofar as the acts 
are not against the clearly expressed intention of the accused or suspect, 
unless otherwise provided by law. 
CHAPTER IV DEFENSE 
Article 30 Persons entitled to Appoint Defense Counsel 
(1) The accused or suspect may appoint a defense counsel. 
(2) The legal representative, spouse, lineal relatives, brother or sister, or the 
head of a household of the accused or suspect may independently appoint a 
defense counsel. 
Article 31 Qualification of Defense Counsel and Special Defense Counsel 
A counsel shall be appointed from among the attorneys at law. However, in 
special circumstances, the courts, other than the Supreme Court, may permit 
the selection as a counsel, one who is not an attorney at law. 
Article 32 Effects of Appointment of Defense Counsel 
(1) Selection of an attorney at law shall be submitted in each instance in writing 
under the name and seal of the defense counsel. 
(2) Appointment of an attorney at law effected prior to the institution of public 
action shall also have its effect in the first instance. 
Article 33 Defense Counsel appointed by State 
In the following cases, if there is no defense counsel, the court shall appoint a 
counsel ex officio: 
1. Where the accused is a minor; 
2. Where the accused is seventy years of age or over; 
3. Where the accused is deaf or mute; 
4. Where the accused is suspected of mental and physical unsoundness; and 
5. Where the accused is unable to select a defense counsel because of 
poverty or any other reason: Provided, That it is limited only in case there is a 
request of the accused. 
9 IP/N/lIKORll 
Page 700 
Article 34 Interview with the Accused or Suspect 
The defense counsel or a person who desires to be a defense counsel may 
have an interview with the accused or suspect who is placed under physical 
restraint, deliver or receive any documents or any other things and cause the 
accused or suspect to consult a doctor. 
Article 35 Inspection or Copying of Documents or Article of Evidence 
The defense counsel may inspect or copy documents or articles of evidence 
relating to the litigation pending in the courts. <Amended by Law No. 70S, Sep. 
1, 1961 > 
Article 36 Independent Act of Procedure by Defense Counsel 
The defense counsel may undertake acts of litigation in his name unless 
otherwise provided by law. 
CHAPTER V DECISION 
Article 37 Judgment, Ruling and Order 
(1) A judgment shall be rendered on the basis of oral proceedings except as 
otherwise provided by law. 
(2) A ruling or an order shall not necessarily be based upon oral proceedings. 
(3) In making a ruling or order, the court may, whenever necessary, make 
examination of facts. 
(4) The examination mentioned in the preceding Paragraph may be assigned to 
a member of a collegiate court concerned, or a judge of another district court 
may be requisitioned. 
Article 38 Form of Decision in Writing 
In regard to the decision, the document of decision shall be prepared by a judge. 
However, in case the ruling or order is published, it may be made by entering it 
in the protocol instead of preparing a document of decision. 
Article 39 Reason of Decision 
A decision shall state plainly the reason therefor. In case of a ruling or order 
against which no appeal is allowed, reasons therefor may be dispensed with. 
Article 40 Necessary Entry in Document of Decision 
10 IPINIlIKORl1 
Page 701 
(1) The name, age, occupation or address of the person upon whom the 
decision is passed shall be entered in the document of decision except as 
otherwise provided by law. 
(2) In case the person upon whom the decision is passed is a corporation, the 
name and location of office shall be stated. 
(3) The official position and name of a public prosecutor and the name of the 
defense counsel who have participated in a public trial shall be stated in the 
document of judgment. <Amended by Law No. 705, Sep. 1, 1961 > 
Article 41 Signature, etc. in Document of Decision 
(1) The document of decision shall be Signed and sealed by the judges who 
have participated in the decision. 
(2) In case the presiding judge is unable to sign and seal the decision, another 
judge shall sign and seal the decision together with a statement as to the 
reason. The presiding judge shall sign and seal a decision on behalf of an 
associate judge who is unable to sign and seal, and shall state the reason for 
so signing. 
Article 42 Method of Pronouncement or Notification of Decision 
The pronouncement or notification of a decision shall be made by the document 
of decision in the public trial court, and in other cases it shall be made by 
means of delivery of a copy of the document of decision or by any other proper 
method, unless otherwise provided by law. 
Article 43 Method of Pronouncement or Notification of Decision 
The pronouncement or notification of a decision shall be made by the presiding 
judge. The pronouncement of the judgment consisting of the formal adjudication 
and the explanation thereof together with the reason for the judgment shall be 
read aloud. 
Article 44 Case Requiring Direction of Public Prosecutor for its Execution 
In regard to a decision which requires the direction of the public prosecutor for 
its execution, the copy of or extracts from the document of decision or the 
protocol in which the decision is entered shall be forwarded to the public 
prosecutor within ten days from the date of pronouncement or notification of a 
decision, unless otherwise provided by law. <Amended by Law No. 705, Sep. 1, 
1961> 
Article 45 Request for Transcript or Abridged Copy of Document of Decision 
11 IP/N/1/KORll 
Page 702 
The accused or any other person concerned in the case may, at his own cost, 
request the delivery of the transcript or the abridged copy of the document of 
decision or of the protocol in which the decision is entered. 
Article 46 Formation of Copy or Extracts of Document of Decision 
The copy of or extracts from the document of decision or the protocol in which 
the decision is entered shall be made on the basis of the original. However, in 
unavoidable circumstances, it may be made according to a copy thereof. 
CHAPTER VI DOCUMENTS 
Article 47 (Non-Disclosure of Documents related to Action) 
No document relating to a case shall be made public prior to the opening of 
public trial except for the necessity of public interest or other proper reason. 
Article 48 Method of Formation of Protocol 
(1) In case the accused, suspect, witness, expert witness, interpreter or 
translator is examined, the court official of Grade IV or VIII who has participated 
therein shall prepare the protocol. 
(2) The protocol shall contain the following items: 
1. The statement of the accused, suspect, witness, expert witness, interpreter 
or translator; and 
2. In case the witness, expert witness, interpreter or translator has not been 
sworn, the reason therefor. 
(3) The protocol shall be read aloud to the person who has made a statement or 
inspected by him, and the veracity of the contents of the statement shall be 
determined. 
(4) If a person who has made a statement requests any change, deletion, or 
alteration, the statement shall be entered in the protocol. 
(5) In case the public prosecutor, the accused, suspect or defense counsel who 
has participated in a trial, raises an objection to the accuracy of protocol, a 
statement of such objection shall be entered in the protocol. 
(6) In case of the preceding Paragraph, the presiding judge or the judge who 
has participated in the trial may cause such a person to set forth in the protocol 
his opinion as to the objection. 
(7) The party who has testified shall sign and seal the protocol after a seal 
stamped across a leaf and the contiguous leaf. When a party who has testified 
refuses to sign and seal the protocol, the reason shall be entered therein. 
12 Article 49 Protocol of Inspection of Evidence, etc. IPlNllIKORll 
Page 703 
(1) In respect to inspection of evidence, seizure or search, a protocol shall be 
prepared. 
(2) A protocol of inspection of evidence may be annexed to a drawing or 
photograph in order to preserve the status of the object inspected. 
(3) The protocol concerning a seizure shall contain a statement as to the kinds, 
characteristics in appearance and quantity of goods seized. 
Article 50 Necessary Entries in Various Protocols 
The protocols mentioned in the preceding two Articles shall contain the date, 
time and place of investigation or disposition and the names and signatures and 
seals of the person who has executed the investigation or disposition and the 
court official of Grade IV or VIII who conducted it. In case, however, a court has 
made the investigation or disposition on a date other than the date of public trial, 
it shall contain the signatures and seals of the presiding judge or judge and the 
court official of Grade IV or VIII who conducted it. 
Article 51 Contents of Protocol of Public Trial 
(1) A protocol of public trial shall be prepared by a court official of Grade IV or 
VIII who has participated in the legal proceedings taking place on the date of 
public trial. . 
(2) The protocol of public trial shall contain the following items and all legal 
proceedings, and so forth: 
1. Date and time of public trial and the name of the court; 
2. Positions and names of the judge, public prosecutor, court official of Grade 
IV or VIII; 
3. Names of the accused, legal representative, representative, defense 
counsel, assistant and interpreter; 
4. Appearance or non-appearance of the accused; 
5. The fact whether the trial was open to the public or not and the reason why 
it was held in closed session if it was not open to the public; 
6. A statement of facts constituting the offense charged or reading the written 
indictment changed; 
.7. The fact that' the accused was given an opportunity of making a statement 
to protect his rights, and the facts which he has stated; 
8. Matters listed in Article 48 (2); 
9. Documentary and real evidence examined, and the method of examination, 
when an investigation of evidence is made. 
10. Inspection of seized evidence and other evidence produced in public trial 
court; 
13 IPINIlIKORJI 
Page 704 
11. The gist of oral proceedings; 
12. Matters ordered to be entered by the presiding judge or matters permitted 
to be entered by the presiding judge by request of a person involved in the 
litigation; 
13. The fact that the final opportunity of making a statement was given to the 
accused or his defense counsel, and the facts which he has stated; and 
14. The fact that judgment or decision was pronounced or declared. 
Article 52 Exceptional Application to Preparation for Protocol of Public Trial 
The provisions of Paragraphs (3) to (7) of Article 48 shall not apply to the 
protocol of public trial. However, a statement made by a person shall be read to 
him upon his request and if any change, deletion or alteration thereof is 
demanded, it shall be recorded therein. 
Article 53 Signature, etc. on Protocol of Public Trial 
(1) The protocol of public trial shall be signed and sealed by the presiding judge 
and the court official of Grade IV or VIII who has participated in it. 
(2) In case the presiding judge is unable to sign and seal the protocol, another 
judge shall sign and seal instead of him, appending thereto the reason and, if 
none of the judges are able to sign and seal it, then the court official of Grade IV 
or VIII who has participated in the trial shall sign and seal it stating the reason 
therefor. 
(3) In case the court official of Grade IV or VIII is unable to sign and seal the 
protocol, the presiding judge or another judge shall sign and seal it, stating the 
reason therefor. 
Article 54 Completion, etc. of Protocol of Public Trial 
(1) The protocol of public trial shall be completed in good order as soon as 
possible within five days after each public trial date. 
(2) The summary of a hearing of previous testimony at a public trial shall be 
entered in the protocol before the next hearing. If the public prosecutor, the 
accused or defense counsel requests modification thereof or raises an objection 
to such entries, a statement of such request or objection shall be entered in the 
protocol. 
(3) In case of the preceding Paragraph, a presiding judge may have a 
statement of such request or objection entered in the protocol. 
Article 55 Demand of Inspection of Protocol of Public Trial by the Accused 
(1) In absence of defense counsel, the accused may demand the inspection of 
14 the protocol of public trial. IP/N/lIKORl1 
Page 705 
(2) In case the accused is unable to read the protocol, he may demand the 
protocol to be read to him. 
(3) If there has been no acceptance as to the demand of the preceding two 
Paragraphs, the protocol of public trial may not be an evidence of guilty. 
Article 56 Probative Value of Protocol of Public Trial 
Proceedings at hearings of a public trial which are written in the protocol can be 
proved only by such protocol. 
Article 56-2 Recordings of Protocol of Public Trial 
(1) The court may, if necessary in the examination of the defendant, a witness 
or any other person, record the whole or part of the questions and answers by 
allowing a stenographer to take notes thereof or by using a recording appliance. 
(2) The defendant, defense counsel or public prosecutor may have the written 
notes or recording mentioned in the preceding Paragraph taken at his own 
expense. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961] 
Article 57 Documents of Public Officials 
(1) All documents prepared by a public official shall contain the date of its 
preparation, the name of the office to which he belongs, his signature and seal, 
unless otherwise provided by law. 
(2) A document shall bear a seal stamped across a leaf and the contiguous leaf. 
Article 58 Alterations by Public Official 
(1) When a public official prepares a document, he may not modify any letter of 
it. 
(2) When any insertion, elimination or entry in the original is made, a seal shall 
be affixed thereon specifying the change. The deleted words shall be left clear 
enough to be readable. 
Article 59 Documents made by Person other than Public Official 
When a person other than a public official prepares a document, he shall insert 
date, and sign and affix his seal thereon. In case he has no seal, he shall use 
his finger print. 
CHAPTER VII SERVICE 
15 IPINIlIKORl1 
Page 706 
Article 60 Substituted Service 
(1) In case the accused, legal representative, representative, defense counsel 
or assistant has no dwelling or office where documents can be served, situated 
in the jurisdiction of the court, he shall appoint a person who has a dwelling or 
office situated in the jurisdiction of the court as his receiver and submit a written 
report signed by him and the receiver. 
(2) With regard to the service, the receiver shall be regarded as the principal 
and his dwelling or office shall be considered as the principal's dwelling or office. 
(3) The appointment of the receiver shall have effect in all courts located in the 
same jurisdiction. 
(4) The provisions of the preceding three Paragraphs shall not apply to those 
who are detained. 
Article 61 Service by Mail 
(1) In case a person who is required to appoint a receiver fails to do so, 
documents may be served by mail by the court official of Grade IV or VIII or 
clerk or by any other suitable method. 
(2) In case the document is served by mail, it shall be considered as served 
when the document is delivered. 
Article 62 Service to Public Prosecutor 
Service of documents to a public prosecutor shall be made to public 
prosecutor's office where he belongs. 
Article 63 Cause of Service by Public Notice 
(1) When the dwelling, office or present residence of the accused is unknown, 
the service may be made by public notice. 
(2) The provisions of the preceding Paragraph shall also apply when the service 
cannot be made by any other means in case the accused is present in a place 
over which the court has no territorial jurisdiction. 
Article 64 Method of Service by Public Notice 
(1) Service by public notice may be made only when a court so orders in 
accordance with the Supreme Court Regulations. 
(2) Service by public notice shall be made by the court official of Grade IV or 
16 IPINIlIKORl1 
Page 707 
VIII preserving the documents to be served and by his putting a summary 
thereof on the court bulletin board to show it to the public. <Amended by Law 
No. 705, Sep. 1, 1961> 
(3) The court may order publication of the summary mentioned in the preceding 
Paragraph in an official Gazette or the newspapers. <Amended by Law No. 705, 
Sep. 1, 1961> 
(4) The first service by public notice shall become effective two weeks after the 
date of the public notice mentioned in Paragraph (2): Provided, That any 
second or subsequent service by public notice (of further proceedings in the 
case) shall become effective five days after the date of public notice mentioned 
in Paragraph (2). <Amended by Law No. 705, Sep. 1, 1961 > 
Article 65 Application of Civil Procedure Code 
The Civil Procedure Code shall apply mutatis mutandis in respect to service of 
documents except otherwise provided by law. 
CHAPTER VIII PERIOD 
Article 66 Calculation of Period 
(1) In calculation of periods, those that are calculated by hours shall be to run 
immediately, while in the calculation of days, months or years, the first day shall 
not be included: Provided, That the first day of a period of prescription and 
detention shall be counted as one day irrespective of the number of hours 
involved. 
(2) Fixed period by year or month shall be calculated in accordance with the 
calendar. 
(3) If the last day of a period falls on a public holiday, it shall not be included in 
the calculation. However, this shall not apply to the case of a period of 
prescription and detention. 
Article 67 Extension of Legal Period 
(1) A legal period may be extended in accordance with the distance between 
the place of domicile or office of the person who is required to comply with 
procedural acts and the location of the court or the public prosecutor's office, by 
one day for every thirty kilometers of water or land passage. One day shall be 
added if the whole distance or the last remainder is under thirty kilometers but 
over ten kilometers. 
(2) In spite of the preceding Paragraph a suitable period may be fixed for the 
benefit of other person who are outside Korea or in a place of inconveniency 
17 IP/N/IIKORJl 
Page 708 
with transportation in accordance with the Supreme Court Regulations. 
CHAPTER IX SUMMONS AND DETENTION OF THE 
ACCUSED 
Article 68 Summons 
A court may summon an accused. 
Article 69 Definition of Detention 
Arrest or confinement shall be included in detention as referred to in this Act. 
Article 70 Causes for Detention 
(1) The court may detain the accused when there is reasonable ground to 
suspect that he has committed a crime and he falls under any of the following 
Subparagraphs: 
, 1. When he has no fixed dwelling; 
2. When there is reasonable ground enough to suspect that he may destroy 
evidences; and 
3. When he escapes or there is reasonable ground enough to suspect that he 
may escape. 
(2) In respect to cases involving a fine of 50,000 Won or less, detention or 
minor fines, he accused shall not be detained except in the case of 
Subparagraph 1 of the preceding Paragraph. <Amended by Law No. 2450, Jan. 
25, 1973> 
Article 71 Effect of Arrest 
The accused who has been arrested shall be released within twenty-four hours 
from the time he was brought to a court when it is determined to be 
unnecessary to detain him. 
Article 72 Detention and Notice of Cause 
The accused shal,1 not be placed under detention before the court has informed 
him of the gist of facts constituting the offense, of the cause for detention and of 
the fact that he may select a defense counsel, and before the court has given 
him the opportunity to defend himself. <Amended by Law No. 3955, Nov. 28, 
1987> 
Article 73 Issuance of Warrant 
18 IPINIlIKORl1 
Page 709 
The summons, or arrest of an accused shall be effected by issuing a writ of 
summons, or a warrant of arrest. 
Article 74 Form of Writ of Summons 
A writ of summons shall contain the name and address of the accused, the 
name of the crime, the date, time and place for appearance; a statement that a 
warrant of detention may be issued if there is apprehension to suspect he may 
escape in case he fails to appear without good reason, and the signature and 
seal of the presiding judge or commissioned judge issuing the writ. 
Article 75 Form of Warrant of Detention 
(1) A warrant of detention shall contain the name and address of the accused, 
the name of the crime, essential facts concerning the public action, the place to 
bring the accused or prison where he is to be detained, the date of issue, 
effective period of the writ and a statement that the warrant shall not be 
executed after the lapse of such period whence it shall be returned to the court 
of issuance, and the signature and seal of the presiding judge or commissioned 
judge issuing the warrant. 
(2) In case the name of the accused is uncertain, he may be identified by the 
description of his countenance, build, or other features identifying him. 
(3) In case the address of the accused is uncertain, it need not have to be 
stated. 
Article 76 Service of Writ of Summons 
(1) Writs of summons shall be served. 
(2) If the accused submits a document stating that he will appear on a date 
fixed for hearing, or if the court orders the accused orally, who appears on a 
date for hearing, to appear on the next date for hearing, it shall have the same 
effect as service of a writ of summons. 
(3) In case his appearance has been orally ordered, the gist thereof shall be 
entered in the protocol. 
(4) The accused who is detained in a prison or detention house may be 
summoned by notifying the correction officials. <Amended by Law No. 1500, 
Dec. 13, 1963> 
(5) When the accused has received notification for summons from the 
correction officials, the notification shall have the same effect as the service of 
the writ of summons. <Amended by Law No. 1500, Dec. 13, 1963> 
19 IPIN/lIKORll 
Page 710 
Article 77 (Requisition of Detention) 
(1) A court may requisition a judge of a district court of the place where the 
accused is presently located to detain the accused. 
(2) In case the accused is not present in the territorial jurisdiction of the 
requisitioned judge, he may in turn requisition a judge of a district court of the 
place where the accused is located. 
(3) The requisitioned judge shall issue a warrant of arrest. 
(4) The provisions of Article 75 shall apply mutatis mutandis to the warrant of 
arrest provided in the preceding Paragraph. 
Article 78 (Procedure for Warrants of Detention by Requisition) 
(1) The judge who has issued a warrant of detention by requisition in case of 
the preceding Article shall, within twenty-four hours from the time when the 
accused is brought in, make an inquiry as to whether any mistake has been 
made as to his identity. 
(2) If there has been no mistake as to the identity of the accused, he shall be 
promptly delivered to the designated court. 
Article 79 (Order of Appearance or Accompany) 
The court may, in case of necessity, order the accused to appear or be 
accompanied to the designated place. 
Article 80 (Urgent Measures) 
In case of urgency, a presiding judge may take the measures provided for in 
Articles 68 to 73, 76, 77 and the preceding Article, or cause a member of the 
collegiate court to do so. 
Article 81 (Execution of Warrant of Detention) 
(1) A warrant of detention shall be executed by a judicial police officer under the 
direction of a public prosecutor: Provided, That in case of urgency, the 
execution may be directed by a presiding judge, a commissioned judge, or a 
requisitioned judge. 
(2) In case of the proviso of the preceding Paragraph, a warrant of detention 
may be executed by court official of Grade IV or VIII. In such a case, court 
official of Grade IV or VIII may, if necessary, demand assistance from a judicial 
police officer, or may execute it outside the jurisdiction. 
20 IP/N/1/KORll 
Page 711 
(3) A warrant of detention issued against the accused who is in a prison or 
detention house shall be executed by a correction official under the direction of 
a public prosecutor. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 82 (Preparation of Several Warrants of Detention) 
(1) The warrant of detention against the accused may be issued in plurality to 
several judicial police officials. 
(2) In case of the preceding Paragraph, the fact shall be entered in each 
warrant of detention. 
Article 83 (Execution and Requisition of Warrant of Detention outside 
Jurisdiction) 
(1) A public prosecutor may, in case of necessity, conduct execution of a 
warrant of detention outside the jurisdiction, or request it to be conducted by a 
public prosecutor who is in the competent jurisdiction. 
(2) A judicial police official may, in case of necessity, execute a warrant of 
detention outside the jurisdiction, or request it to be executed by a judicial 
police officer who is in the competent jurisdiction. 
Article 84 (Request for Investigation to Chief Public Prosecutor) 
When the present location of the accused is uncertain, a presiding judge may 
commission the chief public prosecutor of the High public Prosecutor's Office or 
district public prosecutor's office to conduct an investigation and execute a 
warrant of detention. 
Article 85 (Procedure for Execution of Warrant of Detention) 
(1) In executing a warrant of detention, it shall be shown to the accused without 
fail, who shall be promptly taken to court designated or other place. 
(2) In executing a warrant of detention as provided in Article 77 (3), the accused 
shall be brought before the judge who has issued the warrant. 
(3) In case of urgency, even if the warrant of detention is not in hand, the 
warrant may be executed after the accused has been informed of the facts 
concerning the pLlblic action and of the fact that the warrant has been issued. 
(4) Upon completion of the execution as provided in the preceding Paragraph, 
the warrant of detention shall be shown as soon as possible. 
Article 86 (Provisional Detention of the Accused under Guard) 
21 IP/N/IIKORl1 
Page 712 
In case the accused against whom a warrant of detention has been executed is 
to be kept under guard, he may, if necessary, be detained provisionally in the 
nearest prison or detention house. <Amended by Law No. 1500, Dec. 13, 
1963> 
Article 87 (Notice of Detention) 
(1) When the accused is detained, his defense counsel shall be notified of the 
gist of facts concerning the name of offense, the time and place of detention, 
and the cause for detention. If the accused does not have a defense counsel, 
the person designated by the accused from among the persons mentioned in 
Paragraph (2) of Article 30 shall be informed of the facts of the case and that he 
may select a defense counsel. <Amended by Law No. 3955, Nov. 28, 1987> 
(2) The notice provided for in Paragraph (1) shall be made in writing without 
delay. <Amended by Law No. 3955, Nov. 28, 1987> 
Article 88 (Detention and Notice of Facts, etc. concerning Public Action) 
When the accused is detained, he shall immediately be informed of the facts 
concerning the public action against him and of the facts that he may select his 
defense counsel. 
Article 89 (Interview with the Detained Accused) 
The accused who is under detention may, insofar as the Acts permit, talk with 
any other persons, or deliver to or receive from them documents or other things 
and also receive medical treatment from a doctor. 
Article 90 (Application for Defense Counsel) 
(1) The accused who has been detained may apply to the court or to the 
director of a prison or detention house or his substitute, for the selection of a 
named defense counsel. 
(2) The court or the director of a prison or detention house or his substitute who 
has received such an application as referred to in the preceding Paragraph 
shall promptly give notice of such fact to the attorney at law designated by the 
accused. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 91 (Interview with Person other than Lawyer) 
When there is reasonable grounds to suspect that the accused under detention 
may escape or destroy evidence, a court may, upon request of a public 
prosecutor or ex officio, forbid him, by a ruling, to talk with persons other than 
those mentioned in Article 34, or to examine documents or other things which 
he may receive from or deliver to such persons, and further forbid him to deliver, 
22 IPINIlIKORl1 
Page 713 
receive, or seize such things. However, he shall not be forbidden to receive 
clothing, food or medical supplies nor shall they be seized. 
Article 92 (Detention Period and Its Renewal) 
(1) A period of detention shall not exceed two months. In case the continuance 
of the detention is especially necessary, the period of detention may be 
renewed twice in each instance only by a ruling. 
(2) The period of the renewed detention shall also not exceed two months. 
(3) Any period during which the proceedings of a public trial is suspended, in 
accordance with the provisions of Article 306 (1) and (2), shall not be added to 
the computation of the period mentioned in the preceding two Paragraphs. 
<Newly Inserted by Law No. 70S, Sep. 1, 1961 > 
Article 93 (Rescission of Detention) 
When the grounds of or necessity for detention have ceased to exist, the court 
shall, upon request of a public prosecutor, the accused or his defense counsel 
or persons specified in Paragraph (2) of Article 30, or ex officio, rescind the 
detention, by means of a ruling. 
Article 94 (Request for Release on Bail) 
The accused under detention or his defense counsel or person specified in 
Paragraph (2) of Article 30 may request release of the accused on bail. 
Article 95 (Essential Release on Bail) 
When a request for release on bail has been made, it shall be allowed except in 
the following cases: <Amended by Law No. 2653, Dec. 20, 1973> 
1. When the accused is charged with an offense punishable with death 
penalty, penal servitude or imprisonment for life or exceeding ten years; 
2. When the accused is an old offender or commits habitual crimes; 
3. When there is reasonable ground to suspect that the accused has 
destroyed or may destroy evidences; 
4. When there is reasonable ground to suspect that the accused escapes or 
may escape; and 
5. When the dwelling of the accused is unknown. [This Article Wholly 
Amended by Law' No. 2450, Jan. 25, 1973] 
Article 96 (Release on Bail ex officio) 
A court may, by a ruling, if it deems it proper, permit release on bail upon 
request of those who are specified in the provisions of Article 94 or ex officio, 
irrespective of the provisions of the preceding Article. 
23 IP/N/lIKORll 
Page 714 
Article 97 (Cancellation of Release on Bail and Detention and Opinions of 
Public Prosecutors) 
(1) A court shall seek the opinions of a public prosecutor before it renders a 
ruling to allow release on bail: Provided, That if he does not express his 
opinions within three days, it shall be deemed as concurrence with permission 
for release on bail. 
(2) The preceding Paragraph shall also apply to a ruling on cancellation of 
detention, except for the cancellation upon request by public prosecutors. 
(3) Immediate appeals (hanggo) may be made by public prosecutors against 
rulings of allowing release on bail and cancellation of detention. [This Article 
Wholly Amended by Law No. 2450, Jan. 25, 1973] 
Article 98 (Release on Bail and Bail Money) 
(1) Where release on bail is granted, an amount of bail money sufficient and 
adequate to insure the presence of the accused shall be determined by 
consideration of the following matters: 
1. The nature and circumstances of the offense; 
2. Weight of evidence against the accused; and 
3. His previous offense, character, circumstances and financial ability. 
(2) The court shall not fix the bail money beyond financial ability of the 
accused. 
Article 99 (Condition of Release on Bail) 
When release on bail is granted, restriction may be imposed on the dwelling of 
the accused, or any other proper conditions may be imposed. 
Article 100 (Procedure of Execution of Release on Bail) 
(1) A ruling granting release on bail shall not be executed before the bail money 
has been paid. 
(2) A court may permit a person other than the person demanding bail to pay 
the bail money. 
(3) A court may permit negotiable securities, or a written undertaking produced 
by a person other than the accused to be substituted for bail money. 
(4) A statement that the bail money shall be paid on demand shall be entered in 
the undertaking of the preceding Paragraph. 
24 Article 101 (Suspension of Execution of Detention) IPINIlIKORl1 
Page 715 
(1) A court may, by means of a ruling, if it deems it proper, suspend the 
execution of detention by placing the accused under the supervision of relatives, 
protective institutions, and/or other proper persons, or restricting area of his 
dwelling. 
(2) Before making the ruling referred to in Paragraph (1), the court shall seek 
opinions of a public prosecutor: Provided, That exceptions shall be made in 
case of emergency. 
(3) Public prosecutors may file immediate appeals (hanggo) to the ruling under 
Paragraph (1). 
(4) If a request for release is made for National Assemblymen who are detained 
pursuant to Article 44 of the Constitution, execution of warrant of detention shall 
naturally be suspended. <Amended by Law No. 3955, Nov. 28, 1987> 
(5) The Attorney General who receives the notification of the request for release 
referred to in the preceding Paragraph, shall immediately direct the release and 
notify the competent court of the reason therefor. [This Article Wholly Amended 
by Law No. 2450, Jan. 25, 1973] 
Article 102 (Revocation of Release on Bail, etc. or Confiscation of Bail Money) 
(1) When the accused escapes, there is reasonable ground to suspect that he 
may escape or destroy evidences, he fails to appear without due reasons when 
summoned or he violates the restriction of the dwelling or other conditions 
specified by the competent court, the court may, ex officio or upon request by 
public prosecutors, by a ruling, cancel release on bailor the suspension of 
execution of detention: Provided, That the suspension of execution of warrant 
of detention under Article 101 (4) shall not be cancelled during the session 
concerned. <Amended by Law No. 2450, Jan. 25, 1973> 
(3) In case the release on bail is cancelled, the court may, by means of a ruling, 
cause forfeiture of the whole or a part of the bail money. 
Article 103 (Final Judgment and Confiscation of Bail Money) 
When a person released on bail against whom a sentence has been given and 
the judgment has' become final, has failed to appear without justifiable reason 
when ordered before the court for execution, or has taken flight, the court shall, 
on motion of a public prosecutor or ex officio, by means of a ruling, cause 
forfeiture of the whole or a part of the bail money. 
Article 104 (Refund of Bail Money) 
25 IPINI1IKORl1 
Page 716 
When detention or release on bail is rescinded, or the term of the warrant of 
detention expires, the part of the bail money which is not forfeited shall be 
returned within seven days on demand. 
Article 105 (Appeal and Ruling of Detention) 
In regard to a case for which the time for appeal has not expired or in which the 
appeal is pending, a ruling for renewal of the period of detention, rescission of 
detention, suspension of execution of detention or release on bail, or rescission 
of suspension thereof shall be rendered by the original court so far as the 
record of trial is filed with the original court. 
CHAPTER X SEIZURE AND SEARCH 
Article 106 (Seizure) 
(1) When it is necessary, a court may seize any articles which, it believes, may 
be used as evidence, or liable to confiscation except as otherwise provided in 
this or other Acts. 
(2) A court may designate articles to be seized and order the owner, possessor, 
or custodian thereof to produce such articles. 
Article 107 (Seizure of Postal Matters) 
(1) A court may seize or cause to be produced postal matters or papers relating 
to telegrams dispatched by or to the accused, which are in custody or 
possession of a government office or any other person transacting 
communication business. 
(2) Postal matters or papers relating to telegrams other than those mentioned in 
the preceding Paragraph, which are in the custody or possession of a 
government office or any other person transacting communication business, 
may be seized or caused to be produced, only when there are circumstances 
which warrant their being considered to be connected with the case in hand. 
(3) When any disposition has been effected under the provisions of the 
preceding two Paragraphs, notice of such facts shall be given to the sender or 
to the addressee. However, this shall not apply if there is apprehension that 
such notification may obstruct judicial proceedings. 
Article 108 (Seizure of Voluntarily Produced Articles, etc.) 
Articles which have been dropped or left or voluntarily produced by their owner, 
possessor or custodian may be retained without a warrant of seizure. 
Article 109 (Search) 
26 IP/N/IIKORl1 
Page 717 
(1) A court may, if necessary, search the person, effects or dwelling or any other 
place of the accused. 
(2) The person, effects, dwelling or any other place of a person other than the 
accused may be searched only when there are circumstances which warrant 
the be lief that there are articles liable to seize therein. 
Article 110 (Military Secrets and Seizure) 
(1) Seizure and search shall not be executed in a place where secret military 
matters might be endangered without permission of the person in charge. 
(2) The person in charge referred to in the preceding Paragraph may not refuse 
to grant such consent except in a case where compliance would be prejudicial 
to important interests of the State. 
Article 111 (Public Secrets and Seizure) 
(1) In respect to articles held in the custody or possession of a person who is or 
was a public official, such articles may be seized only with the consent to such 
public office concerned or its supervisory office if the person or the public office 
to which he belongs or belonged declares that they relate to an official secret. 
(2) Such office or its supervisory office may not refuse to give such consent 
except in cases where compliance would be prejudicial to important interests of 
the State. 
Article 112 (Professional Secrets and Seizure) 
A person who is, or was, a licensed advocate, patent attorney, notary public, 
certified public accountant, licensed tax accountant, public scrivener, doctor, 
herb doctor, dentist, pharmaceutist, druggist, midwife, nurse, or a religious 
functionary may resist seizure of articles held in his custody or possession in 
consequence of mandate he has received in the course of his profession and 
which relates to secrets of other persons. However, this shall not apply if the 
principal has consented to such seizure, or if it is necessary for important public 
interests. <Amended by Law No. 3282, Dec. 18, 1980> 
Article 113 (Warrant of Seizure or of Search) 
A warrant of seizure or of search shall be issued in case a seizure or search is 
to be effected 'other than in open court. 
Article 114 (Forms of Warrants) 
(1) A warrant of seizure or of search shall contain the name of the accused and 
the offense, the articles to be seized, or the place, person or articles to be 
27 IPINIlIKORl1 
Page 718 
searched, date of its issue, effective period, and a statement that the warrant 
shall not be executed after the lapse of such period and shall be returned to the 
court of issuance, the signature and seal of the presiding judge or 
commissioned judge, and such other matters as prescribed by the Supreme 
Court Regulations. 
(2) The provision of Paragraph (2) of Article 75 shall apply mutatis mutandis to 
the warrant referred to in the preceding Paragraph. 
Article 115 (Method of Execution of Warrant) 
(1) A warrant of seizure or of search shall be executed by a judicial police 
official under the direction of a public prosecutor. However, in case of need, the 
presiding judge may cause a court official of Grade IV or VIII to execute the 
warrant. 
(2) The provisions of Article 83 shall apply mutatis mutandis to the execution of 
a warrant of seizure or of search. 
Article 116 (Notabilia) 
In the execution of seizure or of search, the person who executes it shall not 
disclose information to unauthorized persons and take necessary caution not to 
injure the reputation of persons disposed. 
Article 117 (Assistance for Execution) 
In the execution of warrant of seizure or of search, a court official of Grade IV or 
VIII, if necessary, may request assistance to a judicial police official. 
Article 118 (Suggestion of Warrant) 
A warrant of seizure or of search shall be shown to the person upon whom the 
warrant is to be served. 
Article 119 (Prohibition of Entrance or Leave) 
(1) During the execution of a warrant of seizure or of search, persons may be 
forbidden to enter or leave the place. 
(2) Any person who does not comply with the prohibition of the preceding 
Paragraph may be forced to withdraw or be placed under guard until the 
execution of the warrant is completed. 
Article 120 (Execution of Warrant and Necessary Measures) 
(1) In the execution of a warrant of seizure or of search, locks may be removed 
28 or seals opened, or any other necessary measures taken. IP/N/l/KORll 
Page 719 
(2) The measures of the preceding Paragraph may be taken for the seized 
articles. 
Article 121 (Execution of Warrant and Presence of Parties) 
A public prosecutor, the accused or his defense counsel may be present when 
a warrant of seizure or of search is being executed. 
Article 122 (Execution of Warrant and Notice of Presence) 
In case a warrant of seizure or of search is to be executed, the persons listed in 
the public prosecution shall be notified of the date and place of execution in 
advance. However, this shall not apply to the case where a person prescribed in 
the preceding Article, clearly expresses his will in advance to the court that he 
does not desire to be present or to the case of urgency. 
Article 123 (Execution of Warrant and Presence of Responsible Party) 
(1) In case warrant of seizure or of search is to be executed in a public office, 
military airplane, vessel or vehicle, the responsible person shall be notified to be 
present. 
(2) Where, apart from cases governed by the provisions of the preceding 
Paragraph, a warrant of seizure or of search is to be executed in the dwelling of 
a person, or in premises, building, airplane, vessels or vehicles which are 
guarded, the owner, guard or person acting for them shall be present. 
(3) In case the persons mentioned in the preceding Paragraph are not available, 
a neighbor or an official of the local public entity shall be present. 
Article 124 (Search of Female) 
When the person of a woman is searched, another woman of full age shall be 
present. 
Article 125 (Restriction on Execution at Night) 
Before sunrise and after sunset, the dwelling of a person, or premises, a 
building, airplane,' or vessel or vehicle under guard shall not be entered for the 
purpose of the execution of a warrant unless the warrant includes a statement 
that it is to be executed at night. 
Article 126 (Exception of Limitation of Execution at Night) 
The restriction provided in the preceding Article shall not be observed in respect 
29 IP/N/l/KORll 
Page 720 
to the execution of a warrant of seizure or of search in the following places: 
1. Places which are considered to be habitually used for gambling and acts 
prejudicial to good morals; and 
2. Inns, restaurants, or other places to which the public has access at night­
time, but only during the hours when they are open to the public. 
Article 127 (Suspension of Execution and Necessary Measures) 
When it is necessary in case the execution of a warrant of seizure or of search 
is suspended, the place concerned may be closed or a guard may be placed 
there until the execution is completed. 
Article 128 (Delivery of Certificate) 
When a search has been made without discovering any evidence or articles 
liable to confiscation, a certificate to that effect shall be delivered on demand to 
the person who has been object of such search. 
Article 129 (Delivery of Inventory of Property) 
In case of seizure, an inventory of the seized property shall be made and given 
to the owner, possessor or custodian of the property, or to the person who 
represents him. 
Article 130 (Custody and Abrogation of Seized Articles) 
(1) In respect to articles seized which can not be conveniently transported or 
held in custody, either a guard may be placed over them or the owner or some 
other person may be asked to voluntarily assume custody thereof. 
(2) Article seized may be destroyed or discarded if there is apprehension that 
they may cause danger. 
Article 131 (Notabilia) 
Considerable care shall be exercised to prevent losses or damage etc. to 
seized articles. 
Article 132 (Custody of Proceeds from Seized Articles) 
If there is apprehension that articles seized which are liable to confiscation may 
be lost, destroyed or damaged, or rotten, or if it is inconvenient to hold them in 
custody, they may be sold by order of a court and the proceeds held in custody. 
Article 133 (Restoration or Temporary Restoration of Articles Seized) 
(1 )Seized articles may be restored to the owner without waiting the completion 
30 IP/N/IIKORlI 
Page 721 
of the case, on order by the court that their continued possession is not 
necessary. On demand of the owner, possessor, custodian, or a party who has 
produced them, articles under seizure to be produced as evidence may be 
temporarily restored. 
(2) Where an article seized only for evidence, is required to be used 
continuously by the owner or possessor, an immediate return may provisionally 
be made after photographing it, or taking other necessary measures to preserve 
its original status. 
Article 134 (Return of Goods to Rightful Owner) 
If a reason for return is apparent, wrongfully obtained goods shall be restored to 
the rightful owner, before the completion of the case, by means of a ruing. 
Article 135 (Disposition of Seized Articles and Notice to the Party) 
In case of the preceding three Articles, the public prosecutor, the rightful owner, 
the accused or his defense counsel shall be notified in advance. 
Article 136 (Commissioned Judge and Requisitioned Judge) 
(1) A judge (commissioned judge) of a collegiate court may cause a seizure or 
search to be made, or a judge (requisitioned judge) of a district court at the 
place where such a seizure or search is to be effected may be requested to do 
so by a court. 
(2) In case the object of a seizure or search is not in the area under his control, 
a requisitioned judge may request a judge of another district court in the 
jurisdiction concerned to effect it. 
(3) As regards seizure or search effected by a commissioned judge or a 
requisitioned judge, the provision related to seizure or search effected by a 
court shall apply mutatis mutandis. 
Article 137 (Execution of Warrant of Arrest and Search) 
When it is necessary for the purpose of executing a warrant of arrest, a public 
prosecutor, judicial police official or court official Grade IV or VIII may enter the 
dwelling of a person, or the premises, building, airplane, vessel, or vehicle 
which are guarded, for search of the accused. 
Article 138 (Applicable Provisions) 
The provisions of Articles 119, 120, 123 and 127 shall apply mutatis mutandis to 
the search by the public prosecutor, judicial police officer, the court official of 
Grade IV or VIII based on the provisions of the preceding Article. 
31 IP/N/l/KORJI 
Page 722 
CHAPTER XI EVIDENCE BY INSPECTION 
Article 139 (Evidence by Inspection) 
If it is necessary for the purpose of discovering facts, a court may effect an 
inspection of evidence. 
Article 140 (Evidence by Inspection and Necessary Disposition) 
Persons may be examined, corpses dissected, graves opened, things broken or 
other necessary steps may be taken to effect proper inspection of evidence. 
Article 141 (Caution for Physical Examination) 
(1) In examining persons, the sex, age, condition of health and other 
circumstances of the person to be inspected shall be taken into consideration 
and measures, taken in the choice of the method, not to damage his or her 
health and reputation. 
(2) The inspection of a person who is not the accused may be carried out only 
when there is a cogent reason indicating a source of evidence. 
(3) In case the person of a woman is examined, a doctor or another woman of 
full age shall be present. 
(4) In case of dissecting a corpse or of opening a grave, proper respect for the 
remains shall be observed, and the bereaved family shall be notified in advance. 
Article 142 (Physical Examination and Summons) 
A court may summon persons other than the accused either to the court or to 
other place designated for the purpose of examining the person. 
Article 143 (Restriction of Time) 
(1) Before sunrise and after sunset, the dwelling of a person, or the premises, 
buildings, airplane, vessel or vehicles guarded by persons may be entered for 
the purpose of inspection only with the consent of the owners or guards or 
person acting for them. However, this shall not apply when there is 
apprehension that the object of inspection might not be available after sunrise. 
(2) Inspection commenced before sunset may be continued after sunset. 
(3) In the places mentioned in Article 126, the restriction specified in Paragraph 
(1) need not be observed. 
32 Article 144 (Assistance for Inspection) IP/N/l/KORJl 
Page 723 
A judicial police official may, if necessary, be ordered to assist in an inspection. 
Article 145 (Applicable Provisions) 
The provisions of Articles 110, 119 to 123, 127 and 136 shall apply mutatis 
mutandis to inspection of evidence. 
CHAPTER XII EXAMINATION OF WITNESS 
Article 146 (Qualification of Witness) 
Except as otherwise provided in law, a court may examine any person as a 
witness. 
Article 147 (Public Secrets and Qualification of Witness) 
(1) If, in respect to facts of which a person who is or was a public official has 
obtained knowledge in the course of his duties, either such person himself, or 
the public office to which he belongs or belonged, declares that they relate to 
official secrets, he shall not be examined as a witness without the consent of 
the competent public office or supervisory office. 
(2) Such office may not refuse to give such consent except in cases where 
compliance would be prejudicial to important interests of the State. 
Article 148 (Criminal Responsibility of Near Relative and Refusal of Witness) 
A person may refuse to testify when such testimony may be the cause of 
criminal prosecution or public action, or conviction for him or any person in the 
following classes: 
1. Relative, head of a household or a family or any person who was in such 
relationships to witness; and 
2. Legal representative or supervisor of guardianship. 
Article 149 (Secrets in Professional Line and Refusal of Witness) 
A person who is, or was an advocate, patent attorney, notary public, certified 
public accountant, licensed tax accountant, public scrivener, doctor, herb doctor, 
dentist, pharmacist, druggist, midwife, nurse, or religious functionary may refuse 
to testify in respect to facts of which he has obtained knowledge in 
consequence of a mandate he has received in professional lines and which 
relate to secrets of other persons. However, this shall not apply if the principal 
has consented, or if the testimony is deemed necessary for important interests 
of the State. <Amended by Law No. 3282, Dec. 18, 1980> 
33 IPINIlIKORlI 
Page 724 
Article 150 (Vindication of Reason for Refusal of Witness) 
A person who refuses to testify shall offer presumptive proof as to his reason for 
refusing to testify. 
Article 151 (Failure in Attendance and Fine for Negligence, etc.) 
(1) When persons who are summoned as witnesses, fail to appear without good 
reason, they shall be punished, by a ruling, with a minor fine of 50,000 Won or 
less, and they may be ordered to compensate for expenses occasioned by such 
failure. <Amended by Law No. 2450, Jan. 25, 1973> 
(2) An immediate appeal may be filed against the ruling mentioned in the 
preceding Paragraph. 
Article 152 (Disobedience to Summons and Detention) 
A witness who does not obey a summons without justifiable reason may be 
punished by detention. 
Article 153 (Applicable Provisions) 
The provisions of Articles 73, 74 and 76 shall apply mutatis mutandis to the 
summons of a witness. 
Article 154 (Summons of Witness within Precinct of Court) 
A witness who is within the precinct of a court may be examined without 
summons. 
Article 155 (Applicable Provisions) 
The provisions of Articles 73, 75, 77, 81 to 83, and Paragraphs (1) and (2) of 
Article 85 shall apply mutatis mutandis to the detention of a witness. 
Article 156 (Oath of Witness) 
A witness shall be caused to take an oath except as otherwise provided by law. 
Article 157 (Forms of Oath) 
(1) The oath shall be based on a written oath. 
(2) The written oath shall state "1 swear that there is no falsity, upon my 
conscience, in my statement, and if there is any, I shall be punished for its 
falsity." 
34 IPIN/1/KORlI 
Page 725 
(3) A presiding judge shall cause a witness to read the written oath and sign 
and seal it. In case the witness cannot read or sign the written oath, court 
official of Grade IV or VIII shall act for him. 
(4) The oath shall be taken with dignity and solemnity in the state of standing up. 
Article 158 (Admonishment to Sworn Witness) 
A presiding judge shall admonish the witness to be aware of the punishment for 
perjury before being sworn. 
Article 159 (Disability of Oath) 
The following witnesses shall be examined without being sworn: 
1. Person under 16 years of age; and 
2. Person who can not understand the meaning of an oath. 
Article 160 (Notice of Rights for Refusal of Witness) 
A witness as described in Article 148 or 149 shall be instructed by a presiding 
judge before being examined that he may refuse to testify. 
Article 161 (Refusal of Oath or of Witness and Fine for Negligence) 
(1) When witnesses refuse to swear or testify without justifiable reason, they 
shall, by a ruling, be punished with a fine for negligence of 50,000 Won or less. 
<Amended by Law No. 2450, Jan. 25, 1973> 
(2) An immediate appeal (hanggo) may be filed against the ruling mentioned in 
the preceding Paragraph. 
Article 161-2 (How to examine a Witness) 
(1) A witness shall be examined first by the party (public prosecutor, defense 
counsel or defendant) who requested his appearance, and then by the other 
party (public prosecutor, defense counsel or defendant). 
(2) The presiding judge may examine the witness after the examination 
mentioned in the preceding Paragraph is completed. 
(3) The presiding judge may, if he considers it necessary, irrespective of the 
provisions of the preceding two Paragraphs, examine the witness at any time, 
and may change the order of the examination mentioned in Paragraph (1). 
(4) The method of examination of a witness who is to be examined by the court 
ex officio or by the application of a person who has been injured in 
consequence of an offense, shall be determined by the presiding judge. 
35 IP/NI 1 IKORll 
Page 726 
<Amended by Law No. 3955, Nov. 28, 1987> 
(5) A member of a collegiate court may examine a witness after notifying the 
presiding judge to do so. [This Article Newly Inserted by Law No. 70S, Sep. 1, 
1961} 
Article 162 (Examination of Witness) 
(1) Examination of witness shall be done by examining each of the witnesses. 
<Amended by Law No. 70S, Sep. 1, 1961 > 
(2) In case a witness who has not been examined, is present in court, he may 
be ordered to withdraw. 
(3) In case of need, a witness may be cross-examined with other witnesses or 
the accused. 
(4) Deleted. <by Law No. 70S, Sep. 1, 1961 > 
Article 163 (Presence at Examination) 
(1) Public prosecutor, the accused or his defense counsel may be present at the 
examination of a witness. 
(2) Notice of the date and place of the examination of a witness shall be given 
in advance to the persons who are entitled, by virtue of the preceding 
Paragraph, to be present at the examination. However, in case they announce 
clearly their desire not to be present, it shall not apply. 
(3) Deleted. <by Law No. 70S, Sep. 1, 1961 > 
Article 164 (Demand of Inquiry) 
(1) In case a public prosecutor, the accused or his defense counsel desires not 
to be present at the examination of a witness, they may make inquiry relative to 
the necessary matters examined into. 
(2) In case the testimony of a witness without presence of the accused or his 
defense counsel contains an unexpected and serious statement which is 
disadvantageous to the accused, the court shall give notice of the contents of 
such statement to the accused or his defense counsel. 
Article 165 (Examination of Witness outside Court) 
A court may summon a witness to a place other than the courtroom for 
examination or examine him at the place where he is, after hearing the opinion 
of the public prosecutor, the accused or his defense counsel, and taking into 
36 IP/N/lIKORll 
Page 727 
consideration the importance of the witness, his age, vocation, health condition, 
and other special circumstances. 
Article 166 (Order to Proceed and Detention) 
(1) A court, by means of a ruling, when deemed necessary, may order a witness 
to proceed to a designated place in company with others for examination. 
(2) A witness may be arrested and placed in detention who violates the 
foregoing order without any justifiable reason. 
Article 167 (Commissioned Judge or Requisitioned Judge) 
(1) In case a witness is to be examined outside the court, a member of a 
collegiate court may be ordered to conduct such examination, or a judge of a 
district court at the place where the witness actually is may be requested to do 
so by a court. 
(2) The requisitioned judge may, if the witness is not in his jurisdiction, request a 
judge of another district court which has the jurisdiction over the place where he 
is at present to make the examination. 
(1) The commissioned judge or requisitioned judge may adopt necessary 
measure to examine a witness in jurisdiction of another court or presiding 
judge. 
Article 168 (Expenses for Witnesses) 
A witness may demand travelling expenses, daily allowance and lodging charge 
in accordance with the provisions of law. However, this shall not apply if, without 
good reason, he refuses to swear or to testify. 
CHAPTER XIII EXPERT EVIDENCE 
Article 169 (Expert Evidence) 
A court may order a person of learning or experience to give expert evidence. 
Article 170 (Oath) 
(1) An expert witness shall take an oath before expert evidence is given. 
(2) The oath shall be based on a written oath. 
(3) The written oath shall be as follows: "I swear to testify in accordance with 
my conscience and with due solemnity, and if there is any falsity, I shall be 
punished for false testimony." 
37 IP/NIlIKORl 1 
Page 728 
(4) The provisions of Paragraphs (3) and (4) of Article 157, and Article 158 shall 
apply mutatis mutandis to the oath of an expert witness. 
Article 171 (Report on Expert Evidence) 
(1) As regards a process or result of expert evidence, the expert witness shall 
submit it in writing. 
(2) In case there are several expert witnesses, the report shall be submitted 
individually or jointly. 
(3) The reason behind expert opinions shall be clearly stated. 
(4) If necessary, the expert witness shall be required to explain his opinion. 
Article 172 (Expert Evidence outside Court) 
(1) If necessary, a court shall allow the expert witness to give opinion outside 
the court. 
(2) In case of the preceding Paragraph, the articles needed for an appraisal 
may be del ivered to the expert witness. 
(3) When expert evidence is required in respect to the mental or physical 
condition of the accused, a court may, if necessary, confine the accused in a 
hospital or other suitable place for a fixed period, and when it is completed, the 
confinement shall be terminated without delay. 
(4) When the confinement as referred to in the preceding Paragraph is required, 
a warrant of confinement for expert opinion shall be issued. <Amended by Law 
No. 2450, Jan. 25, 1973> 
(5) If it is necessary for the confinement under Paragraph (3), the court may, ex 
officio or upon request of administrators of hospitals or other places where the 
accused is to be confined, order judicial police officials to be guards of the 
accused. <Newly Inserted by Law No. 2450, Jan. 25, 1973> 
(6) If necessary, the court may extend or shorten the period of confinement. 
<Newly Inserted by Law No. 2450, Jan. 25, 1973> 
(7) The provisions on detention shall apply mutatis mutandis to the confinement 
under Paragraph (3) unless otherwise specified in this Act: Provided, That 
exceptions shall be made to the provisions on release on bail. <Newly Inserted 
by Law No. 2450, Jan. 25, 1973> 
(8) The confinement under Paragraph (3) shall be regarded as detention in 
38 IPIN/1IKORll 
Page 729 
computation of number of days of unconvicted detention. <Newly Inserted by 
Law No. 2450, Jan. 25, 1973> 
Article 172-2 (Confinement for Expert Opinion and Detention) 
(1) When a warrant of confinement for expert opinion is executed against the 
accused under detention, it shall be regarded that during the period of the 
confinement of the accused, execution of the detention is suspended. 
(2) In case of Paragraph (1), when the disposition of the confinement under 
Paragraph (3) of the preceding Article is cancelled or confinement period 
expires, it shall be regarded that the suspension of execution of detention is 
cancelled. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973] 
Article 173 (Necessary Disposition by Expert Witness) 
(1) When it is necessary for the purpose of furnishing expert evidence, an 
expert witness may, with the permission of a court, enter the dwelling of a 
person, the premises, buildings, airplanes, vessels or vehicles guarded by 
persons; examine the person; dissect a corpse; open a grave, or break and 
alter things. 
(2) A court shall, on granting the permission mentioned in the preceding 
Paragraph, issue a warrant of permission, in which the names of the accused 
and, offense, place to be entered, the person to be examined, corpse to be 
dissected, grave to be opened, things to be destroyed, the name of the expert 
witness and effective period shall be entered. 
(3) The expert witness shall show the warrant of permission to the person who 
is subject to the disposition mentioned in Paragraph (1). 
(4) The provisions of the preceding two Paragraphs shall not apply to the 
dispositions mentioned in Paragraph (1) which are effected by an expert 
witness in the courtroom. 
(5) The provisions of Articles 141 and 143 shall apply mutatis mutandis to 
Paragraph (1). 
Article 174 (Presence or Question by Expert Witness) 
(1) In case of need, the expert witness may inspect real evidence or copy 
documents under permission of the presiding judge and may be present at the 
examination of the accused or witness. 
(2) An expert witness may demand examination of the accused or witness, or 
may examine him directly by permission of the presiding judge. 
39 IP/N/l/KORll 
Page 730 
Article 175 (Commissioned Judge) 
A court may cause a member of a collegiate court to effect necessary measures 
before taking expert evidence. 
Article 176 (Presence of the Party) 
(1) Public prosecutor, the accused, or defense counsel may be present at an 
examination or inquiry by an expert witness. 
(2) The provisions of Article 122 shall apply mutatis mutandis to the preceding 
Paragraph. 
Article 177 (Applicable Provisions) 
The provisions of Chapter XII, except the provisions as to detention, shall apply 
mutatis mutandis to expert evidence. 
Article 178 (Expenses for Expert Witness) 
An expert witness may demand fees for his opinion and reimbursement of any 
subrogated amount, in addition to travelling expenses, daily allowances and 
lodging charges under the conditions as prescribed by law. 
Article 179 (Expert Witness) 
In case a person is examined in regard to facts in the past which he knows by 
virtue of special knowledge, the provisions of Chapter XII shall govern instead 
of those of this Chapter. 
CHAPTER XIV INTERPRETATION AND TRANSLATION 
Article 180 (Interpretation) 
In case a person not versed in the Korean language is required to make a 
statement, an interpreter shall be provided to interpret. 
Article 181 (Interpreter for Deaf or Mute) 
In case a deaf or. mute person is required to make a statement, an interpreter 
shall be provided to interpret. 
Article 182 (Translation) 
Letters, signs or marks not in the Korean language shall be translated. 
Article 183 (Applicable Provisions) 
40 IP/NIlIKORl1 
Page 731 
The provisions of Chapter XIII shall apply mutatis mutandis to interpretation and 
translation. 
CHAPTER XV PRESERVATION OF EVIDENCE 
Article 184 (Request and Procedure for Preservation of Evidence) 
(1) The public prosecutor, the accused, a suspect, or his defense counsel may, 
when there are reasons which may make it difficult to use evidence unless it is 
preserved in advance, even prior to the date for the first public trial, request a 
judge to effect such measures as attachment, investigation, verification, 
examination of witness, or expert opinion. 
(2) The judge who has received the request prescribed in the preceding 
Paragraph has the same power as a court or presiding judge has, regarding the 
disposition of such request. 
(3) When making the request mentioned in Paragraph (1), the person shall offer 
presumptive proof as to the reason in writing. 
Article 185 (Inspection, etc. of Documents) 
A public prosecutor, the accused, a suspect, or defense counsel may inspect 
and also copy documents and evidence relating to the disposition mentioned in 
the preceding Article with 
permission of a judge. 
CHAPTER XVI COSTS OF TRIAL 
Article 186 (Costs of Trial by the Accused) 
(1) When a penalty has been pronounced, the whole or part of the trial costs 
shall be charged to the accused. 
(2) Even where no penalty has been pronounced, any costs which have arisen 
from a cause imputable to the accused may be charged to him. 
Article 187 (Costs of Trial by Co-Offender) 
The costs of trial against co-defendants may be charged to them jointly. 
Article 188 (Costs of Trial by Complaint, etc.) 
If a decision of innocence or acquittal pronounced in respect to a case in which 
public prosecution has been brought upon complaint or accusation, the 
complainant or accuser may be charged in whole or in part with the costs of trial 
41 IP/N/l/KORll 
Page 732 
if he acted in bad faith or as a result of gross negligence. 
Article 189 (Withdrawal of Appeal by Public Prosecutor and Costs of Trial) 
In case only a public prosecutor has taken an appeal or requested a retrial, and 
the appeal taken or retrial requested has dismissed or withdrawn, the costs 
connected with the appeal or retrial shall not be charged to the accused. 
Article 190 (Costs of Trial by the Third Party) 
(1) If an appeal or retrial instituted by a person other than a public prosecutor is 
dismissed or withdrawn, the costs connected with the appeal or retrial shall be 
charged to such person. 
(2) The provision of the preceding Paragraph shall apply to an appeal or a 
retrial lodged by the accused if it is withdrawn by a person other than the 
accused. 
Article 191 (Decision on Costs of Trials) 
(1) When the costs of trial are to be charged to the accused in case where the 
proceedings are terminated by decision, the decision relating to such costs shall 
be rendered ex officio. 
(2) Against such decision as referred to in the preceding Paragraph, an appeal 
may be raised only when an appeal is made against merits in the decision. 
Article 192 (Decision on Costs of Trial by the Third Party) 
(1) When the costs of trial are to be charged to a person other than the accused 
in case where the proceedings are terminated by decision, a ruling for the 
purpose shall be rendered ex officio. 
(2) Against such ruling as referred to in the preceding Paragraph, an immediate 
appeal may be made. 
Article 193 (Costs of Trial not by Decision) 
(1) When the costs of trial are to be charged in case where the proceedings are 
terminated otherwise than by decision, a ruling on costs shall be rendered ex 
officio by the court in which the case was last pending. 
(2) Against such a ruling as referred to in the preceding Paragraph, an 
immediate appeal may be made. 
Article 194 (Amounts of Trial) 
If the decision ordering the cost of trial to be borne, does not fix the amount of 
42 IP/N/1/KORll 
Page 733 
such, the same shall be fixed by the public prosecutor responsible for execution 
of the order. 
PART 11 COURT OF FIRST INSTANCE 
CHAPTER I INVESTIGATION 
Article 195 (Investigation by Public Prosecutor) 
A public prosecutor shall, when he deems an offense has been committed, 
investigate the offender, the facts of the offense, and the evidence. 
Article 196 (Judicial Police Officers) 
(1) Investigators, police administrative officials, police superintendents, police 
captains or police lieutenants shall investigate crimes as judicial police officers 
under instructions of a public prosecutor. 
(2) Police sergeants or patrolmen shall assist in the investigation of crimes as 
judicial police assistants under the instruction of a public prosecutor or judicial 
police officer. 
(3) Judicial police officers other than the persons prescribed in the preceding 
two Paragraphs may be appointed according to law. 
Article 197 (Special Judicial Police Official) 
The scope and function of judicial police officials in regard to forestry, marine 
affairs, monopolies, taxes, military investigation institution and other special 
matters shall be provided by law. 
Article 198 (Notabilia) 
The investigation by a public prosecutor, judicial police official or others 
concerned with investigation shall maintain secrecy in order not to violate the 
personal rights of a suspect or other person, and shall not cause under 
interference of the rights of others in the course of the investigation. 
Article 198-2 (Inspection of Detention Place by Public Prosecutor) 
(1) The chief public prosecutor of the district public prosecutor's office or the 
chief of the branch office shall detail a public prosecutor to inspect the place 
where a suspect is detained in the police bureau or police station under the 
control of such office once or more every month in order to investigate whether 
illegal detention has been made or not. The inspecting public prosecutor shall 
examine and question the detained and shall examine the documents relating 
to detention. 
43 IP/N/lIKORl1 
Page 734 
(2) The public prosecutor shall, if there is a valid reason which makes him 
suspicious that the prisoner has been illegally detained, order transmission of 
such case immediately to the public prosecutor's office. [This Article Newly 
Inserted by Law No. 705, Sep. 1, 1961] 
Article 199 (Investigation and Necessary Examination) 
(1) Necessary examinations may be made in order to carry out investigations. 
However, compulsory measures shall not be taken except when authorized by 
this Code. 
(2) A public office, or public or private organization may be required to make a 
report on necessary matters regarding an investigation. 
Article 200 (Request of Appearance of the Suspect, and Notice of Refusal Right 
of Statement) 
(1) In case there is necessity for investigation, a public prosecutor or judicial 
police officer may request appearance of a suspect and question him. 
<Amended by Law No. 705, Sep. 1, 1961 > 
(2) In the case of questioning mentioned in the preceding Paragraph, the 
suspect shall be notified in advance that he may refuse to answer questions. 
Article 201 (Detention) 
(1) In case there is a proper reason to suspect that a suspect has committed 
crimes and if he falls under any of Subparagraphs of Article 70 (1), a public 
prosecutor may arrest the suspect for detention with a warrant of detention 
issued by the competent court judge upon request of the public prosecutor, and 
the judicial policemen may arrest the suspect with a warrant of detention issued 
by the competent court judge upon request by a public prosecutor who is 
requested for the warrant by the judicial police officers: Provided, That with 
regard to offenses punishable with a fine of 50,000 Won or less, detention or 
minor fines, such arrest for detention shall be effected only in case the suspect 
has no fixed dwelling. <Amended by Law No. 3282, Dec. 18, 1980> 
(2) When a warrant of arrest for detention is requested, data justifying the 
necessity of the detention shall be submitted. <Amended by Law No. 3282, Dec. 
18, 1980> 
(3) In case a judge of a district court, who receives the request under Paragraph 
(1), deems that the request has a good reason, he shall issue a warrant of 
arrest. When the judge does not issue the warrant, he shall state the gist and 
reasons therefor in the request, sign and seal the request, and return the 
request to the public prosecutor who has made the request. <Amended by Law 
44 No. 3282, Dec. 18, 1980> IP/N/1/KORlI 
Page 735 
(4) In case a public prosecutor makes the request under Paragraph (1), if he 
has before requested or received a warrant of arrest for detention on the same 
criminal facts, he shall enter the gist and reasons for the second request for the 
warrant of arrest for detention. <Amended by Law No. 3282, Dec. 18, 1980> 
[This Article Wholly Amended by Law No. 2450, Jan. 25, 1973] 
Article 202 (Detention Period by Judicial Police Officer) 
In case judicial police officers arrest a suspect, the suspect shall be released if 
he is not transferred to the public prosecutor within ten days. 
Article 203 (Detention Period by Public Prosecutor) 
If a public prosecutor arrests a suspect or receives a suspect from a judicial 
police officer, the suspect shall be released if a public prosecution is not 
instituted within ten days. 
Article 204 (Issue of Warrant of Arrest and Report to the Court) 
When a suspect is not arrested or an arrested suspect is released after a 
warrant of arrest has been issued, a public prosecutor shall inform the issuing 
court in writing as to the reason therefor without delay. 
Article 205 (Extension of Detention Period) 
(1) A judge of a district court may, if reasonable cause to continue the 
investigation is shown, extend the period prescribed in Article 203 upon request 
of a public prosecutor. Only one such extension shall be granted for not longer 
than ten days. 
(2) In the case of the request mentioned in the preceding Paragraph, the 
grounds necessary for such an extension shall be stated. 
Article 206 (Urgent Arrest) 
(1) In case there are good reasons to suspect that suspects commit crimes 
punishable with death penalty, penal servitude or imprisonment for life or three 
years or more and they fall under Subparagraphs 2 and 3 of Article 70 (1), if it is 
not possible to obtain a warrant of arrest of a judge of the competent district 
court because of urgencies, public prosecutors or judicial police officers may, 
upon statement of reasons the refo r, arrest the suspects, without the warrant. 
<Amended by Law No. 2653, Dec. 20, 1973> 
(2) In case judicial police officers arrest suspects under Paragraph (1), they 
shall in advance receive instructions of a public prosecutor: Provided, That if it 
45 IP/N/IIKORlI 
Page 736 
is not possible to receive instructions in advance due to particular urgency, they 
shall obtain post approval immediately after the arrest. [This Article Wholly 
Amended by Law No. 2450, Jan. 25, 1973] 
Article 207 (Urgent Arrest and Term of Warrant) 
(1) A public prosecutor or judicial police officer, when he deems it necessary to 
detain continuously a suspect arrested according to the provisions of the 
preceding Article, shall obtain a warrant of arrest within 48 hours counting from 
the time of the arrest in a Shi or Kun in which there is a judge of a district court, 
or within 72 hours in the case of any other Shi or Kun. <Amended by Law No. 
705, Sep. 1, 1961> 
(2) In case a warrant of arrest is not obtained, the suspect shall be released 
immediately. 
(3) An arrested person released in accordance with the provIsion of the 
preceding Paragraph shall not be arrested in connection with the same criminal 
facts without issuance of a warrant of arrest. 
Article 208 (Restrictions on Re-arrest) 
(1) Persons who are arrested but later released by a public prosecutor or 
judicial police officers, shall not be again arrested in connection with the same 
criminal facts unless other important evidences are found. 
(2) In the case of the preceding Paragraph, acts which are done simultaneously 
or in the relations of means and results for one purpose shall be regarded as 
one and same criminal fact. [This Article Wholly Amended by Law No. 2450, 
Jan. 25, 1973] 
Article 209 (Applicable Provisions) 
The provisions of Articles 71, 72, 75, the text of Paragraph (1) and Paragraph 
(3) of Article 81, Articles 82, 83, 85 to 91, 93, 101 (1), the text of Article 102 (1) 
(excluding those on cancellation of release on bail) shall apply mutatis mutandis 
to arrest of suspects by public prosecutors or judicial police officers. <Amended 
by Law No. 2450, Jan. 25, 1973> 
Article 210 (Investigation by Judicial Police Officials outside Jurisdiction) 
When a judicial police official investigates an offense outside his jurisdiction or 
investigates upon request of a judicial police official of another jurisdiction, he 
shall notify the chief public prosecutor of the district public prosecutor's office or 
branch office of his jurisdiction: Provided, That in case investigation is being 
conducted pursuant to the provisions of Articles 206, 212, 214, 216 and 217 
and it is of urgent necessity, post factum report (notice) may be made. 
46 <Amended by Law No. 70S, Sep. 1, 1961 > 
Article 211 (Flagrant Offender) IPIN/1IKORll 
Page 737 
(1) A person who is committing or has just committed an offense shall be called 
a flagrant offender. 
(2) A person who falls under any of the following Subparagraphs shall be 
regarded as a flagrant offender: 
1. An offender who is pursued by hue and cry; 
2. In case where a person is carrying stolen goods, or a weapon or other 
things recognized as being used in connection with a crime; 
3. In case where there is apparent evidence on the body or clothes of a 
suspect; and 
4. In case a person attempts to run away when challenged. 
Article 212 (Arrest of Flagrant Offender) 
Any person may arrest a flagrant offender without warrant. 
Article 212-2 Deleted. <by Law No. 3955, Nov. 28, 1987> 
Article 213 (Delivery of Arrested Flagrant Offender) 
(1) In case a person other than a public prosecutor or judicial police officer 
arrests a flagrant offender, he shall immediately turn over the offender to a 
public prosecutor or judicial police official. 
(2) In case a judicial police official has taken delivery of flagrant offender, he 
shall ask the name, address of the arresting person, and the reason for the 
arrest. When necessary he may require the arrester to accompany him to the 
police station. 
(2) Deleted. <by Law No. 3955, Nov. 28, 1987> 
Article 213-2 (Applicable Provisions) 
The provisions of Articles 72, 87 to 90, and 207 shall apply mutatis mutandis to 
the cases where public prosecutors or judicial police officials arrest flagrant 
offenders or take delivery of flagrant offenders. [This Article Newly Inserted by 
Law No. 3955, Nov. 28, 1987] 
Article 214 (Minor Cases and Arrest of Flagrant Offenders) 
The provisions of Articles 212 to 213 shall apply to the flagrant offenders 
punishable with fine of fifty thousand Won or less, detention or minor fines only 
in case their dwelling is uncertain. <Amended by Law No. 2450, Jan. 25, 1973> 
47 IP/N/l/KORll 
Page 738 
Article 214-2 (Examination of Legality of Confinement) 
(1) A suspect who is confined pursuant to a warrant of confinement or his 
defense counsel, legal representative, spouse, lineal relative, brother and sister, 
head of a family, a member of family, cohabitant or employer may submit a 
petition to an appropriate court to examine the legality of the confinement. 
<Amended by Law No. 3955, Nov. 28, 1987> 
(2) The court may dismiss the application for the examination by its ruling 
without the inquiry under Paragraph (3) in any of the following cases: 
<Amended by Law No. 3955, Nov. 28, 1987> 
1. Where an application is made by an incompetent person or made a second 
time; and 
2. Where a series of application is obviously made either by a cosuspect or 
by a conspirator for the purpose of obstructing the investigation. 
(3) The court, upon application as referred to in Paragraph (1), shall promptly 
examine the suspect detained, appropriate documents and evidence and either 
dismiss the application by a ruling in case where there is no valid grounds for 
the application or order release of the suspect by a ruling in case where there is 
a valid ground for the application. 
(4) The ruling of the court made pursuant to Paragraphs (2) and (3) is not 
appealable. 
(5) Public prosecutor, defense counsel and applicant may appear before the 
court and present their view on the date of the examination under Paragraph (3). 
(6) When the suspect is not represented by a lawyer, the provisions of Article 33 
shall be applicable. 
(7) In case of examination as referred to in Paragraph (3), the court shall 
examine each cosuspect separately or take appropriate measures to protect the 
confidentiality of the investigation. 
(8) The judge who has issued a warrant of arrest may not participate in the 
examination, investigation and ruling under Paragraph (3). However, this shall 
not apply to a district branch court where there is only one judge. 
(9) The period ftom the date when the court has received the necessary 
investigation documents and other evidences to the date when the court 
renders its ruling shall not be added to the period of confinement under Articles 
202, 203 and 205. [This Article Newly Inserted by Law No. 3282, Dec. 18, 1980] 
Article 214-3 (Restriction on Re-arrest) 
48 IP/N/l/KORJI 
Page 739 
The suspect who has been released under the provision of Paragraph (3) of 
Article 214-2 cannot be re-arrested for the same criminal facts unless he flees 
or destroys the evidence. [This Article Newly Inserted by Law No. 3282, Dec. 18, 
1980] 
Article 215 (Seizure, Search and Inspection of Evidence) 
(1) If necessary for investigation of crimes, public prosecutors may seize, 
search or inspect evidences according to the warrant issued by a judge of the 
competent district court upon request by the public prosecutors. 
(2) If deemed necessary for the investigation of crimes, judicial police officer 
may seize, search or inspect evidence according to the warrant issued by a 
judge of the competent district court upon request by a public prosecutor who is 
requested by the judicial policemen. [This Article Wholly Amended by Law No. 
2450, Jan. 15, 1973] 
Article 216 (Compulsory Disposition without Warrant) 
(1) A public prosecutor or judicial police officer, in case he arrests a suspect 
according to the provisions of Article 201 or 206 or where he arrests a flagrant 
offender, if necessary, may take the following measures without a warrant: 
1. To enter the dwelling of a person or the premises, building, airplane, vessel, 
or a vehicle guarded by persons and to search for the suspect in such place; 
and 
2. To seize, search and inspect at the locus of the arrest. 
(2) The provisions of Subparagraph 2 of the preceding Paragraph shall apply 
mutatis mutandis to a case in which a public prosecutor or judicial police officer 
executes a warrant of arrest. 
(3) If it is impossible to obtain the warrant issued by a judge of the court 
because of urgency at the scene of an offense, seizure, search or inspection of 
evidence may be conducted without a warrant. In this case, a warrant shall be 
obtained after the act without delay. <Newly Inserted by Law No. 705, Sep. 1, 
1961> 
Article 217 (Compulsory Disposition without Warrant) 
(1) A public prosecutor or judicial police officer may, in respect to an article 
which is possessed, carried, or kept by a person who is subject to arrest in 
accordance with the provisions of Article 206, seize, search or inspect without a 
warrant for the period prescribed in Article 207. 
(2) An article seized in accordance with Subparagraph 2 of Paragraph (1) of the 
preceding Article and the preceding Paragraph shall be immediately returned 
unless a warrant of arrest is issued. However, when further seizure is deemed 
49 IP/NIl/KORll 
Page 740 
necessary, the warrant of seizure or of search shall be issued. 
Article 218 (Seizure without Warrant) 
A public prosecutor or judicial police officer may seize an article which has been 
discarded by a suspect or the other person, or those which have been 
voluntarily produced by their owner, possessor or custodian without a warrant. 
Article 219 (Applicable Provisions) 
The provisions of Articles 106, 107, 109 to 112, 114, the text of Paragraph (1) 
and Paragraph (2) of Article 115, Articles 118 to 135, 140, 141, and 333 (2) and 
486 shall apply mutatis mutandis to seizure, search or inspection of evidence by 
a public prosecutor or judicial police officer as prescribed in the provisions of 
this Chapter. However, the judicial police officer shall obtain instructions from a 
public prosecutor prior to making dispositions prescribed in the provisions of 
Articles 132 to 134. <Amended by Law No. 3282, Dec. 18, 1980> 
Article 220 (Urgent Disposition) 
Dispositions in accordance with the provisions of Article 216 shall not be subject 
to the provision of Paragraph (2) of Article 123 or Article 125, in the event of 
urgency. 
Article 221 (Request of Appearance of the Third Party) 
A public prosecutor or judicial police officer, if necessary for an investigation, 
may request appearance of a person other than the suspect, to make a 
statement of fact, and to ask for expert evidence, interpretation or translation. 
<Amended by Law No. 705, Sep. 1, 1961 > 
Article 221-2 (Request for Interrogation of Witness) 
(1) In case persons who are apparently deemed to know facts that are 
indispensable for investigation of crimes, refuse the appearing or statements 
under the preceding Article, public prosecutors may request judges for 
interrogation of them as witnesses only before the date of the first public trial 
day. 
(2) In case it is feared that persons who have voluntarily made statements 
before public prosecutors or judicial police officers under the preceding Article, 
may make different statements on a public trial day, from those made before 
and their statements are deemed indispensable for proving crimes, public 
prosecutors may request judges for interrogation of them as witnesses only 
before the first public trial day. 
(3) When the request under the preceding two Paragraphs are to be made, the 
50 request shall be made in writing showing the reasons therefor. IP/N/IIKORl1 
Page 741 
(4) The judges to whom the request under Paragraph (1) or (2) is submitted, 
shall have the same authority as that of the competent court or presiding judge 
concerning the interrogation of witness. 
(5) If it is deemed by judges that there is no obstacle to investigation, they may 
have the accused, suspects or defense counsels participate in the interrogation 
of witness, which is requested pursuant to Paragraph (1) or (2). 
(6) When judges have conducted the interrogation of witnesses based on the 
request under Paragraph (1) or (2), they shall without delay send the related 
documents to the public prosecutor concerned. [This Article Newly Inserted by 
Law No. 2450, Jan. 25, 1973] 
Article 221-3 (Commission of Expert Opinion and Request for Confinement for 
Expert Opinion) 
(1) In case expert opinion is to be commissioned pursuant to Article 221, if the 
confinement for expert opinion under Article 172 (3) is required, public 
prosecutors shall file request therefor with judges. <Amended by Law No. 3282, 
Dec. 18, 1980> 
(2) When judges deem request under Paragraph (1) proper, they shall effect the 
confinement for expert opinion. The provisions of Articles 172 and 172-2 shall 
apply mutatis mutandis to the cases above. [This Article Newly Inserted by Law 
No. 2450, Jan. 25, 1973] 
Article 221-4 (Permit of Disposition Necessary for Expert Opinion) 
(1) Persons who are commissioned to do expert opinion pursuant to Article 221 
may, with permission of judges, conduct the dispositions under Article 173 (1). 
(2) The request for the permission under Paragraph (1) shall be made by public 
prosecutors. 
(3) If the request under Paragraph (2) is deemed proper, judges shall issue 
permits. 
(4) The provisions of Article 173 (2), (3) and (5) shall apply mutatis mutandis to 
the permits referred to in Paragraph (3). [This Article Newly Inserted by Law No. 
2450, Jan. 25, 1973] 
Article 222 (Inquest of the Unnatural Death) 
(1) In the event of a body of a person who has died an unnatural death or is 
suspected of having died an unnatural death, a public prosecutor of a district 
51 IP/N/l/KORll 
Page 742 
public prosecutor's office which has jurisdiction over the place where it has 
been discovered, shall cause an inquest to be made. 
(2) If commission of an offense is suspect and an inquest of death, mentioned 
in the preceding Paragraph, is conducted and it is urgent to inspect evidence, 
such inspection may be conducted without a warrant. <Newly Inserted by Law 
No. 70S, Sep. 1,1961> 
(3) The public prosecutor may order the judicial police officer to take the 
dispositions mentioned in the preceding two Paragraphs. <Newly Inserted by 
Law No. 70S, Sep. 1, 1961> 
Article 223 (Right of Complaint) 
A person who has been injured in consequence of an offense may file a 
complaint. 
Article 224 (Limitation of Complaint) 
A complaint shall not be lodged against a lineal ascendant of the injured person 
or of his spouse. 
Article 225 (Other Complainants) 
(1) Legal representative of a person who has been injured may file a complaint 
independently. 
(2) On the death of the injured party, his spouse or any of his lineal relatives or 
brother or sister may file a complaint, but not against the express intention of 
the injured party. 
Article 226 (Other Complainants) 
In case the legal representative of an injured party or a relative of the said legal 
representative is the suspect, a relative of the injured party may file a complaint 
independently. 
Article 227 (Other Complainants) 
In respect to an offense defaming the deceased, his relatives or descendants 
may file a complaint. 
Article 228 (Designation of Complainant) 
In case there is no person to file a complaint in respect to an offense subject to 
prosecution on complaint, if there is a request of any person interested, a public 
prosecutor shall designate a person who can file a complaint, within ten days. 
52 Article 229 (Complaint by Spouse) IPINIlIKORJ1 
Page 743 
(1) Complaint mentioned in Article 214 of the Penal Code, shall not be made 
unless the marriage is void or divorce action is instituted. 
(2) In the case of the preceding Paragraph, the complaint shall be considered 
withdrawn if the complainant and the accused are married again or the divorce 
action is withdrawn. 
Article 230 (Period of Complaint) 
(1) As for the offenses subject to prosecution on complaint, no complaint shall 
be made after the lapse of six months from the date on which the identity of the 
offender become known. However, when there are unavoidable reasons 
preventing the filing of a complaint, the period shall be computed from time 
when such reasons have ceased to exist. 
(2) In case a person who was kidnapped or enticed in accordance with Article 
291 of the Penal Code, has married the abductor, the period of complaint 
mentioned in the preceding Paragraph shall begin to run from the day when a 
court decision of voidance or revocation of marriage is finally binding. 
Article 231 (Several Complainants) 
If there are two or more persons entitled to file a complaint, failure by one of 
them to observe the term for complaint shall not operate against the others. 
Article 232 (Revocation of Complaint) 
(1) A complaint may be withdrawn before the pronouncement of judgment in the 
first instance. 
(2) A person who has withdrawn a complaint shall not file a complaint again. 
(3) The provisions of the preceding two Paragraphs shall apply mutatis 
mutandis to a case in which an expression of intent for punishment is withdrawn 
in a case which cannot be prosecuted against the clearly expressed intention of 
the injured party. 
Article 233 (Effects of Complaint and its Revocation against Co-defendants) 
Complaint filed against one or more of the co-offenders in an offense subject to 
prosecution on complaint, or revocation thereof, shall take effect in respect to 
the other co-offenders also. 
Article 234 (Accusation) 
53 IPINIlIKORl1 
Page 744 
(1) Any person who believes that an offense has been committed, may lodge an 
accusation. 
(2) When a public official in the course of his duty believes that an offense has 
been committed, he shall lodge an accusation. 
Article 235 (Limitation of Accusation) 
The provisions of Article 224 shall apply mutatis mutandis to the accusation. 
Article 236 (Accusation by Proxy) 
A complaint may be lodged or withdrawn by proxy. 
Article 237 (Methods of Complaint or Accusation) 
(1) A complaint and accusation shall be filed with a public prosecutor or judicial 
police officer in writing or orally. 
(2) On receipt of an oral complaint or accusation, a public prosecutor or a 
judicial police officer shall draw up a protocol. 
Article 238 (Complaint or Accusation and Measures taken by Judicial Police 
Officer) 
When a judicial police officer receives a complaint or accusation, he shall 
investigate the matter pertaining thereto promptly, to a public prosecutor. 
Article 239 (Applicable Provisions) 
The provisions of the preceding two Articles shall apply mutatis mutandis to the 
withdrawal of a complaint or accusation. 
Article 240 (Self-Denunciation and Applicable Provisions) 
The provisions of Articles 237 and 238 shall apply mutatis mutandis to a self­
denunciation. 
Article 241 (Interrogation of Suspect) 
A public prosecu'tor or judicial police officer shall, before he interrogates a 
suspect, confirm that the person is a true suspect, by asking his name, age, 
domicile, permanent address and occupation. 
Article 242 (Matters concerning Interrogation of Suspect) 
A public prosecutor or judicial police officer shall interrogate as to the necessary 
54 IP/NIllKORl1 
Page 745 
matters concerning the facts and conditions of the offense, and shall give the 
suspect an opportunity to state facts beneficial to himself. 
Article 243 (Interrogation of Suspect and Attendant) 
In case a public prosecutor interrogates a suspect, he shall cause an 
investigator, court official of Grade IV or VIII of the public prosecutor's office to 
be present at the place, and in case a judicial police officer interrogates a 
suspect, he shall cause a judicial police official to be present at the place. 
Article 244 (Formation of Protocol concerning Interrogation of Suspect) 
(1) The statement of a suspect shall be entered in the protocol. 
(2) The protocol of the preceding Paragraph shall be shown to the suspect for 
inspection or read to him, and he shall be asked whether or not there are 
mistakes in the protocol and in case there is a demand for amendment, deletion 
or change by the suspect, the statement of the change shall be recorded 
therein. 
(3) If the suspect indicates that there is no mistake in the protocol, the protocol 
shall be signed or sealed with signature of the suspect after placing a seal 
across a leaf and the contiguous leaf. 
Article 245 (Cross Examination) 
A public prosecutor or judicial police officer may, if necessary to determine the 
facts, cross examine each suspect or persons other than the suspect. 
CHAPTER 11 PUBLIC PROSECUTION 
Article 246 (Public Prosecution by the State) 
Public prosecution shall be instituted by a public prosecutor. 
Article 247 (Discretionary Indictment and Indivisibility of Public Prosecution) 
(1) A public prosecutor may decide not to institute a public prosecution after 
considering the matters prescribed in Article 51 of the Penal Code. 
(2) A public prose'cution instituted against a part of the facts of an offense shall 
effect the whole. 
Article 248 (Effect of Public Prosecution) 
A public prosecution shall not be instituted against a person other than the 
accused designated by a public prosecutor. 
55 IPINIlIKORl1 
Page 746 
Article 249 (Period of Limitations) 
(1) Public prosecutions shall expire after lapse of the following terms: 
<Amended by Law No. 2450, Jan. 25, 1973> 
1. Fifteen years for crimes punishable with death penalty; 
2. Ten years for crimes punishable with penal servitude or imprisonment for 
life; 
3. Seven years for crimes punishable with penal servitude or imprisonment 
for a maximum term of ten years or more; 
4. Five years for crimes punishable with penal servitude or imprisonment for a 
maximum term of less than ten years; 
5. Three years for crimes punishable with penal servitude or imprisonment for 
a maximum term of less than five years, or suspension of qualifications for a 
maximum term of ten years or more, or fines of 10,000 Won or more; 
6. Two years for crimes punishable with suspension of qualifications for a 
maximum term of five years or more; and 
7. One year for crimes punishable with suspension of qualifications for a 
maximum term of less than five years, or fines of less than 10,000 Won, 
detention, minor fines, or confiscation. 
(2) The period of limitations for an offense for which a public prosecution has 
been instituted and in which no final judgment has been rendered shall be 
fifteen years from the date of the institution of such public prosecution. <Newly 
Inserted by Law No. 705, Sep. 1, 1961 > 
Article 250 (Two or More Penalties and Period of Limitations) 
In regard to offenses punishable by the joint imposition of two or more principal 
penalties or by the imposition of one of two or more principal penalties, the 
provisions of the preceding Article shall apply with reference to the heaviest 
penalty. 
Article 251 (Increase or Decrease of Penalty and Period of Limitations) 
When a penalty is to be increased or commuted in accordance with the Penal 
Code, the provisions of Article 249 shall apply with reference to the penalty 
without increase or commutation. 
Article 252 (Commencement of Period of Limitations) 
(1) The period of limitations shall commence to run after the criminal act is 
completed. 
(2) In regard to complicity, the period of limitations against co-offenders shall 
commence to run at the time when the criminal action has ceased finally. 
56 Article 253 (Suspension of Period of Limitations and Its Effect) IPINlllKORll 
Page 747 
(1) The limitation period shall cease to toll on the institution of the public 
prosecution, and begin to toll when a judgment dismissing a public prosecution 
or a judgment indicating violation of jurisdiction becomes finally binding. 
(2) When a public prosecution is instituted against one of several co-offenders 
mentioned in the preceding Paragraph, the tolling of the period of limitation 
shall be suspended as to the other co-offenders, and shall begin to toll again 
when a judgment on the case concerned becomes finally binding. <Amended 
by Law No. 705, Sep. 1, 1961 > 
Article 254 (Method of Instituting Public Prosecution and Indictment) 
(1) The institution of public prosecution shall be made by filing a written 
indictment with a competent court. 
(2) Copies, equal to the number of the accused shall be annexed to the written 
indictment. 
(3) The written indictment shall contain the following matters: 
1. The name of the accused and other matters by which the accused can be 
identified; 
2. The name of the offense; 
3. The facts constituting the offense charged; and 
4. The applicable provisions of laws. 
(4) The facts constituting the crime charged shall be stated clearly by specifying 
the time and date, place and method of the offense. 
(5) Several separate charges or several applicable provisions of laws may be 
stated in reservation or alternatively. 
Article 255 (Withdrawal of Public Prosecution) 
(1) Public prosecution may be withdrawn before judgment in the first instance is 
rendered. 
(2) Withdrawal of the public prosecution shall be made on a document stating 
the reason. However, as to withdrawal by the court, it may be stated orally. 
Article 256 (Commitment to Other Jurisdiction) 
If a public prosecutor considers that the case does not come within the 
jurisdiction of the court corresponding to the public prosecutor's office to which 
he belongs, he shall transfer the case, together with the documents and articles 
of evidence, to a public prosecutor of the public prosecutor's office 
57 IP/N/1/KORlI 
Page 748 
corresponding to the competent court. 
Article 256-2 (Transfer of Cases to Prosecutors of Military Court) 
In case where the case falls under the jurisdiction of the military court, public 
prosecutors shall transfer the case to the public prosecutors of the prosecution 
division of the competent military court with related documents and evidences 
attached. In this case, effects of the acts of litigation done before the transfer 
shall not be affected after the transfer. <Amended by Law No. 3955, Nov. 28, 
1987> [This Article Newly Inserted by Law No. 2450, Jan. 25, 1975] 
Article 257 (Case upon Complaint) 
In case a public prosecutor investigates a crime on complaint or accusation, he 
shall determine whether public prosecution shall be instituted or not within three 
months after the complaint or accusation has been made. 
Article 258 (Disposition to Complainant) 
(1) If, in a case in which a complaint or accusation has been lodged, the public 
prosecutor has decided to or not to institute a public prosecution, withdrawn 
public prosecution or sent the case to a public prosecutor of another public 
prosecutor's office mentioned in Article 256, the public prosecutor shall inform 
the complainant or accuser in writing, of the reasons therefor, within seven days 
after such disposition has been made. 
(2) In case a public prosecutor has decided not to institute a public prosecution 
or in case of a situation arising under Article 256, he shall promptly inform the 
suspect of such decision. 
Article 259 (Notice not to institute Public Prosecution by Public Prosecutor) 
If, with respect to a case in which complaint, accusation or demand has been 
lodged, a disposition not to institute a public prosecution has been made, the 
public prosecutor shall, upon request of the complainant or accuser, promptly 
inform them of the reasons therefor in writing within seven days. 
Article 260 (Request for Ruling) 
(1) When persons who lodge complaints or accusations on the crimes as 
referred to in Articles 123 to 125 of the Penal Code, are notified that the 
competent public prosecutors will not institute public prosecutions, they may 
apply for ruling whether the decisions not to institute public prosecutions are 
proper or not with the competent High Court corresponding to the competent 
high public prosecutor's office to which the public prosecutors concerned 
belong. <Amended by Law No. 2450, Jan. 25, 1973> 
58 IPINIlIKORl1 
Page 749 
(2) The application mentioned in the preceding Paragraph shall be made in 
writing through the chief public prosecutor of a district public prosecutor's office 
or the branch office to which the public prosecutor belongs within ten days from 
the date of receiving the notice provided for in Article 258. 
Article 261 (Disposition by Chief Public Prosecutor of Public Prosecutor's Office 
or Its Branch Office) 
(1) The chief public prosecutor of district public prosecutor's office or its branch 
office who receives further application for the issuance of a complaint shall 
make the following disposition: 
1. When the application contains sufficient evidence to warrant action, the 
chief public prosecutor shall institute a public prosecution immediately and 
inform the competent High Court and the applicant of the gist of the action; and 
2. When the application does not state sufficient grounds for action, the 
records together with a statement of his reason shall be served to the chief 
public prosecutor of the competent high public prosecutor's office within seven 
days. 
(2) The chief public prosecutor of a high public prosecutor's office who receives 
the records in accordance with Subparagraph 2 of the preceding Paragraph 
shall take the following steps: <Amended by Law No. 70S, Sep. 1, 1961 > 
1. When the application is deemed sufficient, the chief public prosecutor shall 
send the records together with a precept for public prosecution to the chief 
public prosecutor of the competent district public prosecutor's office and inform 
the competent High Court and the applicant of the gist of the action; and 
2. When the application is deemed insufficient, the records shall be sent to 
the competent High Court within thirty days. 
Article 262 (Ruling for Further Application for Complaint by High Court) 
(1) A High Court which receives an application for the issuance of a complaint 
and its records shall rule on it within twenty days with necessary modifications 
of the procedure of appeal (hanggo) in accordance with the following 
provisions: the court, if necessary, may inspect evidence: <Amended by Law 
No. 70S, Sep. 1, 1961> 
1. When the application is contrary to legal form or there is insufficient reason 
to recognize it, the application shall be rejected; and 
2. When the application is adequate the case shall be committed to the 
competent district court for trial. 
(2) Appeal (hanggo) shall not be made against the ruling as referred to in the 
preceding Paragraph, and prosecution shall not be instituted for those cases on 
which the ruling under Subparagraph 1 of the preceding Paragraph was made, 
except for those cases where other important evidences are found. <Amended 
by Law No. 2450, Jan. 25, 1973> 
59 IPINIlIKORl1 
Page 750 
(3) When a High Court renders a ruling as set forth in Paragraph (1), a copy of 
the ruling shall immediately be sent to the applicant, suspect, and the chief 
public prosecutor of the competent public prosecutor's office or branch office. 
(4) As to a case committed to a district court for trial, the ruling of the High Court 
shall include the matters written in indictment. 
(5) When a High Court renders a ruling mentioned in Subparagraph 2 of 
Paragraph (1), the original ruling together with the records shall be sent to the 
competent district court or branch court within seven days. 
Article 262-2 (Suspension of Period of Limitations for Public Prosecution) 
In case an application for a ruling pursuant to the provisions of Article 260 has 
been made, the period of limitations for public prosecution shall be tolled until 
such time as the ruling mentioned in the preceding Article has been determined. 
[This Article Newly Inserted by Law No. 70S, Sep. 1, 1961] 
Article 263 (Fiction of Institution of Public Prosecution) 
In case a ruling is rendered in accordance with Subparagraph 2 of Paragraph 
(1) of Article 262, public prosecution shall be deemed to have been instituted in 
the case. 
Article 264 (Application by Proxy, and Effect and Rescission of Application 
requested by One Person) 
(1) Further application for the issuance of a complaint may be made by proxy 
and the application by one of joint applicants shall affect all the applicants. 
(2) Further application for the issuance of a complaint may be withdrawn by the 
applicant prior to the rendering of the ruling provided for in Paragraph (1) of 
Article 262. However, a person who has withdrawn such application shall not 
apply again. 
(2) The withdrawal mentioned in the preceding Paragraph shall not affect other 
joint applicants. 
Article 265 (Maintenance of Public Prosecution and Appointed Advocate) 
(1) When a case is committed to a court for trial under Subparagraph 2 of 
Paragraph (1) of Article 262, the court shall appoint a public prosecutor from 
among the advocates who applied for public prosecution. 
(2) An advocate appointed in accordance with the preceding Paragraph shall 
exercise, ex officio, the duties of a public prosecutor in order to maintain public 
prosecution in the case or concurrent cases until the judgment is finally binding. 
60 IP/N/1/KORll 
Page 751 
However, the conduct of search by judicial police officials shall be limited to 
matters recognized by the presiding judge. 
(3) The advocate acting as a public prosecutor in accordance with the 
preceding Paragraph shall be regarded as a person who exercises official 
duties in accordance with applicable laws and regulations. 
(4) When a court deems the appointed advocate to be improper to perform the 
duty or where other special circumstances exist, the court may rescind its 
appointment and appoint another advocate at any time. 
(5) The appointed advocate shall be paid by the government with an amount as 
provided by the law. 
SECTION 1 CHAPTER III PUBLIC TRIAL 
Preparation of Public Trial and Procedure of 
Public Trial 
Article 266 (Service of Copy of Indictment) 
When public trial has been instituted, the court shall serve the accused or his 
defense counsel with a copy of the indictment without delay. However, the 
service shall be made at least five days prior to the date of the first public trial. 
Article 267 (Date of Public Trial) 
(1) The presiding judge shall fix the date for public trial. 
(2) The accused, his representative or a proxy shall be summoned on the date 
for public trial. 
(3) Notice of the date set for public trial shall be given to the public prosecutor, 
defense counsel and assistant. 
Article 268 (Fiction of Service of Writ of Summons) 
Where the accused is within the precincts of a court and is notified by the court 
of the date for a p'ublic trial, he shall be deemed to have been served with a writ 
of summons. 
Article 269 (Reasonable Interval before First Trial) 
(1) The date of the first trial shall have a reasonable interval (not less than five 
days) after the service of writ of summons. 
61 IP/N/1/KORlI 
Page 752 
(2) When the accused raises no objection thereto, the reasonable interval 
referred to in the preceding Paragraph may be waived. 
Article 270 (Change of Date of Public Trial) 
(1) The presiding judge may change the date fixed for public trial ex officio or 
upon request of a public prosecutor, the accused or his defense counsel. 
(2) An order rejecting an application for a change of the date of trial shall not be 
served. 
Article 271 (Submission of Absent Report) 
When the person who has been summoned or notified for public trial is not able 
to appear on the fixed date of trial on account of sickness or other reasons, he 
shall submit a medical certificate or other evidence. 
Article 272 (Reference to Public Office, etc.) 
(1) The court may ask public office, or public or private organizations, either ex 
officio or upon request of a public prosecutor, the accused, or his defense 
counsel, for reports on necessary particulars or for preserved documents. 
(3) The application as referred to in the preceding Paragraph may be denied by 
means of a ruling. 
Article 273 (Investigation of Evidence before Date of Public Trial) 
(1) The court, if deemed necessary, may, upon application, permit the public 
prosecutor, the accused, or his defense counsel to examine the accused or 
other witnesses and to inspect evidence, to appraise or to translate before the 
date fixed for public trial. 
(2) The presiding judge may cause any of his associate judges to carry out the 
action mentioned in the preceding Paragraph. 
(3) The application mentioned in Paragraph (1) may be denied by means of a 
ruling. 
Article 274 (Sub'mission of Evidence by the Party before Date of Public Trial) 
A public prosecutor, the accused or his defense counsel may submit document 
or articles as evidence to the court before the date fixed for public trial. [This 
Article Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 275 (Hearing in the Court) 
62 (1) Hearing in public trials shall be conducted in courtrooms. IP/N/l/KORll 
Page 753 
(2) Court shall be convened in the assembled presence of the judge, court 
official of Grade IV or VIII and a public prosecutor. 
(3) The seat of the public prosecutor shall be on the same level as the defense 
counsel and the accused shall have a seat in front of the presiding judge. 
Article 275-2 (Presumption of Innocence) 
The accused shall be presumed to be innocent until he is finally adjudged to be 
guilty. [This Article Newly Inserted by Law No. 3282, Dec. 18, 1980] 
Article 276 (Attendance of the Accused) 
When the accused does not appear on the day fixed for public trial, the court 
shall not be convened unless special provision is stipulated. However, if the 
accused is a juristic person, it may have a proxy appear. 
Article 277 (Minor other Cases and Absence of the Accused) 
Where offenses charged are punishable with fine less than 100,000 Won or 
minor fines, or where the case is to be dismissed by operation of law, the 
accused need not appear: Provided, That he may have his proxy appear. 
<Amended by Law No. 2450, Jan. 25, 1973; Law No. 3282, Dec. 18, 1980> 
Article 278 (Absence of Public Prosecutor) 
If a public prosecutor is notified of the date fixed for public trial and fails to 
appear on two successive dates, the court may proceed without the public 
prosecutor. 
Article 279 (Procedure Lead of Presiding Judge) 
Procedure lead on a date fixed for public trial shall be conducted by the 
presiding judge. 
Article 280 (Prohibition of Body Restriction in Court) 
The accused in a public trial court shall be subject to no physical restraint. 
However, guards may be placed over the accused to prevent violent action or 
escape. 
Article 281 (Duty of the Accused to remain in Court, Court Police) 
(1) The accused shall not withdraw from the court without the permission of the 
63 IP/N/l/KORJl 
Page 754 
presiding judge. 
(2) The presiding judge may take suitable measures to prevent the accused 
from leaving the court and to maintain order of the court. 
Article 282 (Necessity of Defense Counsel) 
Where the offense charged is punishable with death, penal servitude or 
imprisonment for life or for minimum period of not less than three years, public 
trials shall not be conducted without defense counsel. However, this shall not 
apply when only judgment remains to be pronounced. 
Article 283 (Defense Counsel selected ex officio) 
In the case of each Subparagraph of Article 33 or of the preceding Article, when 
no defense counsel has been selected or defense counsel does not appear, the 
court may, ex officio, assign defense counsel. 
Article 284 (Identification of the Accused) 
The presiding judge shall confirm that the accused is the proper person by 
asking his name, age, permanent address, dwelling place, and profession. 
Article 285 (Public Prosecutor's Opening Statement) 
(1) The public prosecutor shall state the essentials of prosecution in accordance 
with the indictment. 
(2) In the case of Article 278 the particulars stated in the indictment shall be 
regarded as the statement of the essentials of prosecution made by the public 
prosecutor. 
Article 286 (Statement by the Accused) 
The presiding judge shall accord the accused time to state fact favorable to his 
case. 
Article 286-2 (Ruling on Summary Trial Procedures) 
When the accused makes confession on charges at a public trial court, the 
court shall make a ruling that the court will try only the charges according to the 
summary trial procedures: Provided, That exceptions shall be made to those 
cases to be tried by collegiate departments of district courts and their branch 
courts as the court of the first instance. [This Article Newly Inserted by Law No. 
2450, Jan. 25, 1973] 
Article 286-3 (Cancellation of Ruling) 
64 IPIN/1IKORl1 
Page 755 
When it is deemed that confessions made by the accused concerning the cases 
on which the ruling under the preceding Article is made, are not reliable, or it is 
not proper markedly for the court to try such cases according to the summary 
trial procedures, the ruling shall be cancelled after seeking opinions of the 
public prosecutor concerned. [This Article Newly Inserted by Law No. 2450, Jan. 
25, 1973] 
Article 287 (How to Examine the Defendant) 
(1) The public prosecutor and the defense counsel may in turn directly question 
the defendant concerning the necessary particulars, the fact, and the 
surrounding circumstances of the offense charged. 
(2) The presiding judge may make question the defendant after the inquiry 
provided for in the preceding Paragraph is completed. 
(3) A member of a collegiate court may also question the defendant after 
requesting permission from the presiding judge. [This Article Wholly Amended 
by Law No. 705, Sep. 1, 1961] 
Article 288 Deleted. <by Law No. 705, Sep. 1, 1961 > 
Article 289 (Refusal of Statement by the Accused) 
The accused may refuse to answer inquiries from each individual. 
Article 290 (Examination of Evidence) 
Examination of documentary evidence shall be made after the questioning of 
the defendant is completed: Provided, That the examination of such evidence 
may be conducted, if necessary, when the examination of the defendant is in 
progress. [This Article Wholly Amended by Law No. 70S, Sep. 1, 1961} 
Article 291 (Examination of Evidence) 
(1) Documents or articles produced by the litigant as evidence or the 
documents prepared or transmitted pursuant to the provisions of Articles 272 
and 273 shall be shown, explained and examined separately in open court by 
the public prosecutor and the defense counsel or the defendant. 
(2) The presiding judge may examine ex officio the documents or articles 
mentioned in the preceding Paragraph in open court. [This Article Wholly 
Amended by Law No. 705, Sep. 1, 1961] 
Article 292 (Method of Examination of Witness) 
65 IP/N/l/KORll 
Page 756 
(1) The presiding judge shall show the evidence to the public prosecutor, 
defense counsel or the accused and inform him of the gist of documentary 
evidence. 
(2) Upon request made by the accused the presiding judge shall make a court 
official of Grade VIII read documentary evidence. [This Article Wholly Amended 
by Law No. 705, Sep. 1, 1961] 
Article 293 (Opinion of the Accused after Examination) 
The presiding judge shall ask the accused for his opinion about the examination 
of articles of evidence and shall inform him that he can apply for necessary 
examination of evidence for the protection of his rights. 
Article 294 (Application for Evidence by the Party) 
The public prosecutor, the accused, or his defense counsel may submit 
document or articles as evidence and can make inquiry of witness, expert 
witnesses, interpreters, or translators. <Amended by Law No. 705, Sep. 1, 
1961> 
Article 294-2 (Statement of Person Who has been injured) 
(1) In case of the application of a person who has been injured in consequence 
of an offense, the court shall examine the person as a witness: Provided, That 
the examination cannot be made in cases which fall under any of the following 
Subparagraphs: 
1. In the case where the application is made by one other than a person who 
has been injured in consequence of an offense; 
2. In the case where it is recognized that an applicant has already made 
sufficient statements relating to a case concerned in the procedure of public trial 
or investigation and therefore, there is no necessity of restatement; and 
3. In the case where there is apprehension that the procedure of public trial 
can be delayed markedly on account of the statement of an applicant. 
(2) In the case where the court examines a person who has been injured in 
consequence of an offense pursuant to Paragraph (1), the court shall give the 
person an opportunity to submit his opinion about a case concerned. 
(3) In the case where there are a number of applicants under Paragraph (1) 
concerning identical facts constituting the offense, the court may limit the 
number of examinees as witnesses. 
(4) In the case where the applicant pursuant to Paragraph (1) has not appeared 
before the court after receiving a summons without reasonable cause, the 
application is deemed to be withdrawn. [This Article Newly Inserted by Law No. 
3955, Nov. 28, 1987] 
66 Article 295 (Ruling on Application for Evidence) IP/NI 1 IKORl 1 
Page 757 
The court shall decide on the application for evidence provided for in Articles 
294 and 294-2, and may examine the evidence ex officio. <Amended by Law 
No. 3955, Nov. 28, 1987> 
Article 296 (Objection on Examination of Evidence) 
(1) A public prosecutor, the accused or his defense counsel may raise 
objections regarding the examination of evidence. 
(2) The court shall render a ruling on the objections raised under the preceding 
Paragraph. 
Article 297 (Withdrawal from Court) 
(1) When the presiding judge recognizes that a witness or an expert witness 
cannot make a sufficient statement in the presence of the accused or any of the 
persons in the court audience, he may order him to withdraw from the court and 
make him state his opinion. The same shall apply when the presiding judge 
deems an accused would not make his statement in the presence of another 
accused. 
(2) In the case of withdrawal of the accused in accordance with the preceding 
Paragraph, when the co-defendant, witness or expert witness has finished his 
oral statement, the gist of the statement shall be announced to the accused by 
the court official of Grade VIII after making the withdrawn accused appear in the 
courtroom. <Amended by Law No. 705, Sep. 1, 1961 > 
Article 297-2 (Examination of Evidences in Summary Trial Procedures) 
The provisions of Article 161-2, Articles 290 to 293, and Article 297 shall not 
apply to the cases on which the ruling under Article 286-2 is made, but the court 
may conduct examination of the evidences according to the methods which are 
deemed proper by the court. [This Article Newly Inserted by Law No. 2450, Jan. 
25,1973] 
Article 298 (Changes in Indictment) 
(1) Public prosecutors may, with permission of the competent court, add, delete 
or change charges or applicable provisions of laws stated in the indictment. In 
this case, the identity of the charges shall not be disturbed. 
(2) In case courts deem it proper in view of the development of trial, they shall 
request for addition or change of the charges or applicable provisions of laws. 
67 IPlNlllKORll 
Page 758 
(3) When there are additions, withdrawal or changes of charges or applicable 
provisions of laws, the court shall promptly notify the causes thereof to the 
accused or his defense counsel. 
(4) In case the court is afraid that the addition, withdrawal or change of charges 
or applicable provisions of laws in the indictment under the preceding three 
Paragraphs may increase disadvantages of the accused, the court may, by a 
ruling, ex officio or upon request from the accused, defense counsel, grant a 
recess of the public trial for a period necessary for the accused to prepare his 
defense. [This Article Newly Inserted by Law No. 2450, Jan. 25, 1973] 
Article 299 (Restriction of Oral Proceedings) 
The presiding judge shall, when a statement or inquiry of the parties connected 
with a lawsuit is repetitious or is a matter relevant to the trial, restrict it insofar 
as it does not harm the substantial right of the parties connected with the 
lawsuit. 
Article 300 (Separate or Joint Oral Proceedings) 
The court may, when it deems necessary, on request of a public prosecutor, the 
accused or his defense counsel or ex officio, by means of a ruling, order 
separate or joint oral proceedings. 
Article 301 (Renewal of Proceedings) 
Where a judge is changed subsequent to the commencement of public trial, the 
proceedings shall be renewed. However, this shall not apply when only the 
judgment remains to be pronounced. 
Article 301-2 (Cancellation on Summary Trial Procedure and Renewal of 
Proceedings) 
When the ruling under Article 286-2 is cancelled, the proceedings shall be 
renewed: Provided, That exception shall be made to those cases to which a 
public prosecutor, the accused, or his defense counsel has no objection. [This 
Article Newly Inserted by Law No. 2450, Jan. 25, 1973] 
Article 302 (Opinion of Public Prosecutor after Examination of Evidence) 
When the testimony and examination of evidence is finished, the public 
prosecutor shall state his opinion concerning the facts and the application of 
law. However, in the case of Article 278, the public prosecutor shall be deemed 
to have stated his opinion in accordance with the indictment. 
Article 303 (Last Statement of the Accused) 
68 IP/N/IIKORll 
Page 759 
The presiding judge shall afford an opportunity to the accused and his defense 
counsel to make a final plea after hearing the opinion of the public prosecutor. 
Article 304 (Objection on Disposition by Presiding Judge) 
(1) A public prosecutor, the accused or his defense counsel may raise an 
objection to any ruling by a presiding judge. 
(2) The court shall render a ruling on the objections raised under the preceding 
Paragraph. 
Article 305 (Re-Opening of Oral Proceedings) 
A court may, if necessary, reopen oral proceedings which had been concluded, 
by means of a ruling, upon request of the public prosecutor, the accused, his 
defense counsel, or ex officio. 
Article 306 (Suspension of Procedure of Public Trial) 
(1) If the accused is in unsound mind, the public trial may be suspended, during 
the continuance of such state, by the court on request of a public prosecutor, 
the accused or his defense counsel, or by means of a ruling ex officio. 
(2) When the accused is unable to appear in the court because of sickness, the 
trial shall be stayed until it is possible for him to appear. by the court on request 
of a public prosecutor, the accused or his defense counsel, or by means of a 
ruling ex officio. 
(3) Before staying the trial in accordance with the preceding two Paragraphs, a 
court shall hear the opinion of a doctor. 
(4) When the accused is to be pronounced innocent, acquitted, exempted from 
punishment, or the public prosecution is to be dismissed, the decision shall be 
made without the accused's appearing in the court notwithstanding the 
provisions of Paragraphs (1) and (2). 
(5) The provisions of Paragraphs (1) and (2) shall not apply in case a proxy may 
appear in the court in accordance with the provisions of Article 277. 
SECTION 2 Evidence 
Article 307 (General) 
Facts shall be found on the basis of evidence. 
Article 308 (Discretion) 
69 IP/N/l/KORll 
Page 760 
The probative value of evidence shall be left to the discretion of judges. 
Article 309 (Probative Value of Confession caused by Duress, etc.) 
Confession of an accused extracted by torture, violence, threat or after 
prolonged arrest or detention, or which is suspected to have been made 
involuntarily by means of fraud or other methods, shall not be admitted as 
evidence of guilt. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 310 (Evidence against the Accused) 
When the confession of an accused is the only evidence against him, the 
confession shall not be taken as evidence of guilt. 
Article 310-2 (Hearsay Evidence and Limitation of Probative Value of Evidence) 
Except as provided for in Articles 311 to 316, any document which contains a 
statement in place of the statement made at a preparatory hearing or during 
public trial, or any statement the import of which is another person's statement 
made outside preparatory hearing or at the time other than the public trial date, 
shall not be admitted into evidence. [This Article Newly Inserted by Law No. 705, 
Sep. 1, 1961] 
Article 311 (Protocols of Court or Judge) 
Protocols which contain statements made by the accused or persons other than 
the accused at a preparatory hearings or during public trial, and results of 
inspection of evidence by courts or judges and expert opinions, may be used as 
evidences. The same shall apply to the protocols prepared pursuant to Articles 
184 and 221-2. <Amended by Law No. 2450, Jan. 25, 1973> [This Article 
Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 312 (Protocol prepared by Public Prosecutor or Judicial Police Officer) 
(1) A protocol which contains a statement of a suspect or of any other person, 
prepared by a public prosecutor, or a protocol containing the result of inspection 
of evidence, prepared by a public prosecutor or judicial police officer, may be 
introduced into evidence, if the genuineness thereof is established by the 
person making the original statement at a preparatory hearing or during the 
public trial: Provided, That a protocol containing the statement of the defendant 
who has been a' suspect may be introduced into evidence only where the 
statement was made under such circumstances that it is undoubtfully believed 
to be true, regardless of the statement made at a preparatory hearing or during 
public trial by the defendant. 
(2) A protocol containing interrogation of a suspect prepared by investigation 
authorities other than public prosecutor may be used as evidence, only in case 
70 IPINIlIKORJ1 
Page 761 
where the defendant who has been a suspect, or the defense counsel at a 
preparatory hearing or during public trial verifies the contents of the protocol. 
[This Article Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 313 (Statement, etc.) 
(1) A document prepared by a defendant or any other person, except the 
protocols mentioned in the preceding two Articles, or a written statement, if 
there being the handwriting, a signature or a seal of maker or stater, may be 
introduced into evidence, if it is proven to be genuine by the maker thereof by 
his testimony or stater at a preparatory hearing or during a public trial: Provided, 
That the document containing the statement of the defendant may be 
introduced into evidence only when proven genuine by the testimony of the 
defendant at a preparatory hearing or during a public trial and when the 
statement is made under circumstances which would lend it special credibility, 
regardless of the statement made by the defendant at a preparatory hearing or 
during public trial. 
(2) The provision of Paragraph (1) shall also apply to documents containing the 
development and results of expert opinion. [This Article Wholly Amended by 
Law No. 705, Sep. 1, 1961] 
Article 314 (Exception to Probative Value of Evidence) 
As regards the preceding two Articles, if a person who is to give a statement at 
a preparatory hearing or during a public trial does not appear to testify because 
of death, sickness or other reasons, then his previous statement or any other 
documents shall be admitted as evidence. The foregoing provisions shall apply 
only when there exist special circumstances which lend special credibility to the 
statements. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 315 (Documents admitted ipso facto Evidence) 
The following documents shall be admitted as evidence: 
1. A copy or certified copy of a family register, a copy of notarial deed or such 
other public documents certifying the facts which a public office of Korea or an 
official of a foreign government has the duty or authority to certify; 
2. An account book, logbook, or other documents prepared in the regular 
course of business; and 
3. Documents prepared under circumstances which lend special credibility to 
the assertions of facts contained therein. 
Article 316 (Statement of Hearsay) 
(1) Oral testimony given by a person other than the defendant at a preparatory 
hearing or during a public trial, the import of which is the statement of the 
defendant, may be admitted into evidence only when there exist circumstances 
71 IP/N/l/KORll 
Page 762 
which lend special credibility to such testimony. 
(2) Oral testimony given by a person other than the defendant at a preparatory 
hearing or during a public trial, the import of which is the statement of a person 
other than the defendant, shall be admitted into evidence only when the maker 
of the original statement is unable to testify because of death, sickness or any 
other reason, and only when there exist circumstances which lend special 
credibility to such testimony. [This Article Wholly Amended by Law No. 705, Sep. 
1, 1961] 
Article 317 (Voluntary Statements) 
(1) Oral statements given by an accused or a person other than the accused 
shall not be admitted as evidence unless the statements are made voluntarily. 
(2) A document which contains oral statements referred to in the preceding 
Paragraph shall not be admitted as evidence unless it is proved that they were 
made voluntarily. 
(3) In case a part of protocol refers to evidence by inspection is part to oral 
statement given by the accused or a person other than the accused, only the 
part thereof shall be governed by the preceding two Paragraphs. 
Article 318 (Agreement of Parties and Probative Value of Evidence) 
(1) Documents or articles on which the public prosecutor and the accused 
agree shall be admitted as evidence when deemed to be genuine. 
(2) In case where trial may be held without the presence of the accused and the 
accused does not appear, he shall be deemed to have given the consent 
mentioned in the preceding Paragraph. However, the former part shall not apply 
where a proxy or defense counsel appears for the accused. 
Article 318-2 (Evidence by which Probative Value of Testimony may be argued) 
Those documents or statements, inadmissible as evidence under the provisions 
of Articles 312 to 316, may be used at a preparatory hearing or during a public 
trial for the purpose of the testimony of the defendant or any other person. [This 
Article Newly Inserted by Law No. 705, Sep. 1, 1961] 
Article 318-3 (Exceptions to Probative Value of Evidence in Summary Trial 
Procedures) 
With regard to evidences of the cases on which the ruling under Article 286-2 is 
made, it shall be regarded that the consent under Article 318 (1) is made 
concerning the evidence of Articles 310-2, 312 to 314 and 316: Provided, That 
exceptions shall be made in case public prosecutors, the accused or his 
72 IPINlllKORll 
Page 763 
defense counsel raise their objections against use of evidences. [This Article 
Newly Inserted by Law No. 2450, Jan. 25, 1973] 
SECTION 3 Judgment of Trial 
Article 319 (Judgment of Incompetence) 
When a case pending against an accused does not come within the jurisdiction 
of a court, a pronouncement to that effect shall be made by judgment. However, 
as regards a case which has been committed to trial in a district court under 
Subparagraph 2 of Article 262 (1), the court shall not make a pronouncement of 
lack of territorial jurisdiction. 
Article 320 (Incompetency of Territorial Jurisdiction) 
(1) A court shall not make a pronouncement of incompetency for lack of 
territorial jurisdiction, except upon request by the accused. 
(2) A request by the accused for lack of territorial jurisdiction shall be made prior 
to a hearing of the case. 
Article 321 (Pronouncement of Punishment and Matters to be pronounced) 
(1) When there is proof of guilt in regard to the case pending against an 
accused, a penalty shall be pronounced by judgment except in case of 
remission of penalty or suspension of pronouncement of punishment. 
(2) Suspension of execution of punishment, the calculation of the number of 
days in arrest before trial, and the period of confinement in workhouse shall be 
pronounced in the judgment simultaneously with the pronouncement of the 
penalty. 
Article 322 (Remission of Penalty and Judgment of Suspension of 
Pronouncement of Punishment) 
Where a remission of penalty or suspension of pronouncement of punishment is 
to be rendered in a case pending against the accused, such a pronouncement 
shall be made by judgment. 
Article 323 (Reason to be indicated in Judgment) 
(1) In pronouncing the accused guilty, the facts constituting the offense, the gist 
of the evidence, and the applicable laws and regulations shall be clearly 
indicated in the judgment. 
(2) When an oral statement has been made as to legal grounds barring the 
formation of the offense, or as to facts by reason of which the penalty should be 
73 IP/N/IIKORll 
Page 764 
increased or diminished, the decision thereon shall be also indicated in the 
judgment. 
Article 324 (Notice of Appeal) 
In case of pronouncing punishment, the presiding judge shall announce to the 
accused the time for appeal and the court to which appeal can be made. 
Article 325 (Judgment of Not Guilty) 
A finding "not guilty" shall be pronounced if the facts against the accused do not 
constitute an offense or if the evidence of the criminal act is insufficient. 
Article 326 (Judgment of Acquittal) 
Acquittal shall be pronounced by judgment in the following cases: 
1. Where a finally binding judgment has already been rendered; 
2. Where amnesty has been proclaimed; 
3. Where the period of limitations has expired; and 
4. Where the punishment has been repealed or the applicable law or 
regulation has been abolished subsequent to the commission of the offense. 
Article 327 (Judgment dismissing Public Prosecution) 
Public prosecution shall be dismissed by judgment in the following cases: 
1. Where the court has no jurisdiction over the accused; 
2. Where the procedure for instituting public prosecution is void by reason of 
its having been contrary to the provisions of laws; 
3. Where a new public prosecution is instituted for the case for which public 
prosecution has been already instituted; 
4. Where public prosecution is instituted contrary to the provisions of Article 
329; 
5. Where there is withdrawal of a complaint in case which shall be prosecuted 
only upon complaint; and 
6. Where the injured party declares his intention not to prosecute a case 
which cannot be prosecuted against the clearly expressed intention of such 
person, or where the declaration of intention in such case is withdrawn. 
Article 328 (Ruling dismissing Public Prosecution) 
(1) Public prosecution shall be dismissed by ruling in the following cases: 
1. Where public prosecution has been withdrawn; 
2. Where an accused has died or when an accused juristic person ceases to 
exist; 
3. Where a public trial is barred in accordance with the provisions of Article 
12 or 13; and 
4. Where the counts in an indictment do not constitute an offense even if true. 
74 IPINlllKORll 
Page 765 
(2) Against a ruling as referred to in the preceding Paragraph immediate appeal 
to the High Court (hanggo) may be filed. 
Article 329 (Withdrawal of Public Prosecution and Reinstitution of Public 
Prosecution) 
When a ruling dismissing public prosecution as a result of its being withdrawn 
becomes final, a new public prosecution can be instituted for the same offense 
only if it is based upon newly discovered material evidence. 
Article 330 (Judgment without Oral Statement of the Accused) 
In case an accused refuses to make a statement, retires from court without 
permission of the presiding judge or is ordered by the presiding judge to retire 
from court for the maintenance of order, a judgment may be rendered without 
hearing his statement. 
Article 331 (Pronouncement of Judgment of "Not Guilty" and Effect of Warrant 
of Arrest) 
A warrant of arrest shall lose its effect on rendition of a judgment of "not guilty", 
acquittal, remission of penalty, suspension of pronouncement of punishment, 
suspension of execution of punishment, dismissal of public prosecution or on 
the imposition of a fine or minor fine. However, this shall not apply when a 
public prosecutor states that in his opinion the case calls for the death penalty, 
penal servitude or imprisonment for life or for not less than ten years. 
Article 332 (Pronouncement of Confiscation and Article seized) 
When no pronouncement of confiscation is made in regard to the documents or 
articles seized, such documents or articles shall be deemed to have been 
released from seizure. 
Article 333 (Returning of Ill-Gotten Goods under Seizure) 
(1) If, in regard to ill-gotten goods under seizure, there is a clear reason for 
restoration of such goods to the injured party, pronouncement of returning shall 
be made only by judgment. 
(2) In the case cif the preceding Paragraph, a pronouncement directing the 
delivery of any article acquired as consideration for ill-gotten goods to the 
injured party shall be made by a judgment when the ill-gotten goods have been 
disposed of. 
(3) When no special pronouncement is made to the contrary in regard to goods 
provisionally restored, pronouncement of restoration shall be deemed to have 
75 IP/N/l/KORll 
Page 766 
been made. 
(4) Notwithstanding the provIsions of the preceding three Paragraphs, any 
person interested may assert his right to such goods in accordance with civil 
procedure. 
Article 334 (Judgment of Provisional Payment) 
(1) When a court pronounces a fine, minor fine or additional collection on an 
accused, the court may, upon request of a public prosecutor or ex officio, order 
the provisional payment of such money, if it is considered there is apprehension 
that it will be impossible or difficult to execute the judgment after the judgment 
becomes finally binding. 
(2) The decision mentioned in the preceding Paragraph may be pronounced by 
a judgment simultaneously with the pronouncement of penalty. 
(3) The decision mentioned in the preceding Paragraph may be executed 
immediately. 
Article 335 (Procedure for Rescission of Suspension of Execution) 
(1) In a case a pronouncement suspending execution of a punishment is to be 
rescinded, the public prosecutor shall demand such rescission in a court which 
has the jurisdiction in the area where the accused is or last resided. 
(2) When the demand mentioned in the preceding Paragraph has been made, a 
court shall render a ruling after hearing the opinion of the accused or his proxy. 
(3) Against such a ruling under the preceding Paragraph, an immediate appeal 
to the High Court may be filed. 
(4) The provisions of the preceding two Paragraphs shall apply mutatis 
mutandis to cases involving suspended punishment. 
Article 336 (Procedure to be determined in Concurrent Crime) 
(1) In case a penalty is to be determined in accordance with Article 36, 39 (4) or 
61 of the Penal Code, a public prosecutor shall demand the court which 
rendered the final judgment upon the case to determine the penalty. However, 
when a suspended pronouncement of punishment is to be revoked in 
accordance with Article 61 of the Penal Code, it shall be in accordance with 
Article 323 and the reason for revocation of suspension of pronouncement shall 
be clearly stated. 
(2) The provisions of Paragraph (2) of the preceding Article shall apply mutatis 
mutandis to the preceding Paragraph. 
76 Article 337 (Judgment of Extinction of Punishment) IP/N/l/KORll 
Page 767 
(1) As to the pronouncement referred to in Article 81 or 82 of the Penal Code, 
the application shall be made to the court corresponding to the public 
prosecutor's office in which the criminal records are filed, 
(2) The pronouncement referred to in the preceding Paragraph, shall be made 
by means of a ruling. 
(3) Against the ruling of dismissing the request mentioned in Paragraph (1), 
immediate appeal to the High Court (hanggo) may be filed. 
PART III APPEALS 
CHAPTER I COMMON PROVISIONS 
Article 338 (Person entitled to lodge Appeal (Sangso)) 
(1) An appeal may be lodged by a public prosecutor or the accused. 
(2) When a case committed to the trial in accordance with Subparagraph 2 of 
Article 262 (1) has been jointly tried with another case and one decision has 
been rendered, the advocate who exercises the functions of a public prosecutor 
in accordance with Article 265 and the public prosecutor engaged in the other 
case may respectively lodge an appeal independently against the decision. 
Article 339 (Persons entitled to lodge Appeal against Ruling) 
Appeal on a ruling to the High Court (hanggo) may be filed by a person other 
than a public prosecutor or the accused against whom a ruling has been 
rendered. 
Article 340 (Appeal lodged by Person other than Parties) 
The legal representative of an accused may lodge an appeal on behalf of the 
accused. 
Article 341 (Appeal lodged by Person other than Parties) 
(1) Spouse, lineal relatives, brothers and sisters, the head of a household, or a 
proxy or defense counsel in the original instances of the accused may lodge an 
appeal on behalf of the accused. 
(2) Appeal mentioned in the preceding Paragraph shall not be taken against the 
clearly expressed intention of the accused. 
77 IPINlllKORll 
Page 768 
Article 342 (Appeal against Part of Decision) 
(1) An appeal may be filed against a part of decision. 
(2) An appeal which is taken against one part shall be deemed to have effect 
over the other part which is indispensably connected with that part. 
Article 343 (Period of Appeal) 
(1) An appeal shall be made in writing within the prescribed period. 
(2) The period for making an appeal shall begin to run from the day on which 
the decision was pronounced or known. 
Article 344 (Special Regulation for Person in Prison or Detention House) 
(1) A written application for an appeal submitted by the accused who is in a 
prison or detention house, to the chief of the prison or detention house or his 
deputy is regarded as appealed within the prescribed period. <Amended by 
Law No. 1500, Dec. 13, 1963> 
(2) If the accused is unable to prepare a written application himself in cases of 
the preceding Paragraph, the chief of a prison or detention house shall cause a 
public official under his jurisdiction to do so. <Amended by Law No. 1500, Dec. 
13,1963> 
Article 345 (Recovery of Right to Appeal) 
When a person entitled to make an appeal by virtue of Articles 338 to 341 has 
been prevented, by a cause not imputable to himself or his representative, from 
lodging an appeal within the period for making an appeal, he may apply for 
recovery of his right to appeal. 
Article 346 (Form of Application for Recovery of Right of Appeal) 
(1) Demand for recovery of the right of appeal shall be submitted to the original 
court in writing, within a period equivalent to the period for making an appeal 
from the day the cause which prevented the appeal ceased to exist. 
(2) The reason for demanding recovery of the right of appeal shall be 
accompanied by an offer of presumptive proof. 
(3) A person who demands recovery of the right of appeal shall make an 
application for appeal simultaneously with such demand. 
Article 347 (Immediate Appeal (Hanggo) for Recovery of Right of Appeal) 
78 IP/N/IIKORJI 
Page 769 
(1) The court which has received an application for recovery of right of appeal 
shall render a ruling over whether application is accepted or not. 
(2) Immediate appeal (hanggo) may be filed against such a ruling. 
Article 348 (Application for Recovery of Appeal and Suspension of Execution) 
(1) When application is made for recovery of the right of appeal, the court may 
render a ruling suspending the execution of the decision until the ruling 
provided for in the preceding Article is rendered. 
(2) In case a ruling suspending the execution mentioned in the preceding 
Paragraph is rendered, a warrant of arrest shall be issued against the accused 
if it is necessary to detain him. However, it shall be limited to particulars 
provided for in Article 70. 
Article 349 (Waiver and Withdrawal of Appeal) 
A public prosecutor, the accused or a person mentioned in Article 339 may 
waive or withdraw an appeal. However, the accused or a person mentioned in 
Article 341 cannot waive an appeal in case he is pronounced with death penalty, 
penal servitude or imprisonment for life. 
Article 350 (Dismissal of Appeal and Consent of Legal Representative) 
An accused who has a legal representative shall obtain the consent of his legal 
representative before waiving or withdrawing an appeal. However, this shall not 
apply when such consent cannot be obtained on account of death of his legal 
representative or for some other reason. 
Article 351 (Withdrawal of Appeal and Consent of the Accused) 
The legal representative of the accused or those mentioned in Article 341 may 
withdraw an appeal in accordance with the consent of the accused. 
Article 352 (Method of Waiver of Appeal) 
(1) Waiver or withdrawal of an appeal shall be made in writing, but in court it 
may be done orally. 
(2) In the case of waiver or withdrawal of an appeal made orally, it shall be 
entered on the protocol. 
Article 353 (Jurisdiction on Waiver of Appeal) 
The waiver or withdrawal of an appeal shall be filed in the original court. But 
when the record of legal proceedings is not sent to the appeal court, the 
79 IPINlllKORll 
Page 770 
withdrawal of appeal may be submitted to the original court. 
Article 354 (Prohibition to Re-appeal after Waiver) 
A person who has withdrawn or waived an appeal or has consented to the 
waiver or withdrawal of an appeal shall not take another appeal in respect to 
the same case. 
Article 355 (Special Regulation for the Accused in Prison) 
The provisions of Article 344 shall apply mutatis mutandis in cases where the 
accused in prison or detention house demands recovery of his right of appeal, 
waiver or withdrawal of the appeal. <Amended by Law No. 1500, Dec. 13, 
1963> 
Article 356 (Waiver, Relinquishment of Appeal and Notice to the Party) 
If there is a request for an appeal, waiver or withdrawal of an appeal, or a 
recovery of right of appeal, the court shall inform the other party without delay of 
the impending action. 
CHAPTER 11 APPEAL TO HIGH COURT (HANGSO) 
Article 357 (Judgment which can be appealed (HANGSO» 
Appeal (hangso) may be lodged, in case the finding of the court of first instance 
is not satisfactory, from the judgment of a sole judge of the district court to a 
collegiate court of the district court (excluding that of the branch court) and from 
the judge of a collegiate division of the district court to the High Court. 
<Amended by Law No. 705, Sep. 1, 1961; Law No. 1500, Dec. 13, 1963> 
Article 358 (Period for Appeal (Hangso)) 
The period allowed for appeal (hangso) shall be seven days. <Amended by Law 
No. 1500, Dec. 13, 1963> 
Article 359 (Method of Appeal (Hangso)) 
Appeal (hangso) shall be lodged by presenting a petition of appeal (hangso) to 
the original court. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 360 (Ruling on Dismissal of Appeal by Original Court) 
(1) When it is obvious that appeal (hangso) has been lodged contrary to the 
legal form or after the termination of the right of appeal (hangso), the original 
court shall dismiss it by means of a ruling. 
80 IP/N/IIKORll 
Page 771 
(2) Immediate appeal to the High Court may be filed against such ruling under 
the preceding Paragraph. 
Article 361 (Records of Trial and Delivery of Real Evidence) 
(1) With the exception of the preceding Article, the original court shall send the 
records of trial and real evidence to the public prosecutor in the public 
prosecutor's office corresponding to the original court within fourteen days after 
receipt of a petition of appeal and the public prosecutor shall send them to the 
public prosecutor in the public prosecutor's office corresponding to the Appeal 
Court within seven days after receipt thereof. 
(2) The public prosecutor in the public prosecutor's office corresponding to the 
Appeal Court shall send the records of trial and real evidence as referred to in 
the preceding Paragraph to the Appeal Court within five days after receipt 
thereof. 
(3) In case the accused is in prison or detention house, the public prosecutor in 
the public prosecutor's office corresponding to the original court shall transfer 
the accused, within twenty days from receipt of the records of trial as referred to 
in Paragraph (1), to a prison or detention house located in the vicinity of the 
Appeal (hangso) Court. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 361-2 (Acceptance of Proceeding Records and Notification thereof) 
(1) Where the Appeal (hangso) Court has accepted the delivery of the records 
of the proceedings, both the appellant, and the other party shall be immediately 
notified of the court's action. <Amended by Law No. 1500, Dec. 13, 1963> 
(2) If a defense counsel has been selected before notification, mentioned in the 
preceding Paragraph, was made, such notification shall also be given to the 
defense counsel. [This Article Newly Inserted by Law No. 705, Sep. 1, 1961] 
Article 361-3 (Statement of Reasons for Appeal and Answer) 
(1) The appellant or his defense counsel shall submit a statement of reasons for 
the appeal (hangso) to the appeal court within twenty days from the date of 
acceptance of the notification mentioned in the preceding Article. 
(2) The appeal (hang so) court upon acceptance to the statement of reasons for 
appeal shall witho'ut delay send a duplicate or copy thereof to the other party. 
(3) The other party shall submit an answer to the appeal (hangso) court within 
ten days from the date of delivery of the reasons for appeal mentioned in the 
preceding Paragraph. 
(4) The appeal (hangso) court upon acceptance of the answer shall without 
81 IPINlllKORll 
Page 772 
delay send a duplicate or copy thereof to the appellant or his defense counsel. 
<Amended by Law No. 1500, Dec. 13, 1963> [This Article Newly Inserted by 
Law No. 705, Sep. 1, 1961] 
Article 361-4 (Ruling dismissing Appeal) 
(1) If either the appellant or his defense counsel has failed to submit a 
statement of reasons for appeal within the period as set forth in Paragraph (1) 
of the preceding Article, the appeal (hangso) court shall dismiss the appeal by 
means of a ruling: Provided, That this provision shall not apply where there 
exists a fact to be examined ex officio, or when a reason for appeal is stated on 
the petition of appeal. <Newly Inserted by Law No. 705, Sep. 1, 1961 > 
(2) Immediate appeal may be filed against a ruling under the preceding 
Paragraph. <Newly Inserted by Law No. 1500, Dec. 13, 1963> 
Article 361-5 (Reasons for Appeal) 
The following shall be reasons for an appeal against a judgment in the original 
instance: <Amended by Law No. 1500, Dec. 13, 1963> 
1. When there is a violation of the Constitution, law, order or regulation which 
affected decision of the court; 
2. When the penalty has been abolished or changed or general amnesty has 
been proclaimed after the judgment; 
3. When the basis for assuming or denying jurisdiction is against the law; 
4. When the court which rendered an adjudication was not constituted as 
prescribed by law; 
5. and 6. Deleted. <by Law No. 1500, Dec. 13, 1963> 
7. When a judge who is not supposed to participate in the trial of a case has 
participated in the trial; 
8. When a judge who did not participate in the trial of case, has participated in 
rendering the judgment; 
9. When there has been a violation of the provisions concerning opening of 
public trial to the public; 
10. Deleted. <by Law No. 1500, Dec. 13, 1963> 
11. When the reason are not included in the judgment or when the reason 
stated is not compatible with judgment; 
12. Deleted. <by Law No. 1500, Dec. 13, 1963> 
13. When there exist reasons for applying for renewal of procedure; 
14. When the judgment is affected by mistake of fact; and 
15. When there exists reason to find the amount of punishment sentenced 
unreasonable. 
Article 362 (Ruling on Dismissal of Appeal (Hangso)) 
(1) If the original court does not determine the dismissal of an appeal falling 
within the provisions of Article 360 (hangso), the appeal court shall dismiss the 
82 IP/N/1/KORll 
Page 773 
appeal (hang so) by means of a ruling. <Amended by Law No. 1500, Dec. 13, 
1963> 
(2) Immediate appeal to the Supreme Court may be filed against such ruling as 
referred to in the preceding Paragraph. 
Article 363 (Ruling on Dismissal of Public Prosecution) 
(1) If a case falls within the provisions of Article 328, the appeal (hang so) court 
shall dismiss the public prosecution by means of a ruling. <Amended by Law 
No. 1500, Dec. 13, 1963> 
(2) Immediate appeal to the Supreme Court may be filed against such ruling as 
referred to in the preceding Paragraph. 
Article 364 (Judgment by Appeal (Hangso) Court) 
(1) The appeal (hangso) court shall render a decision ex officio on the grounds 
included in the reason for appeal. <Amended by Law No. 705, Sep. 1, 1961 > 
(2) The appeal (hang so) court may render a decision ex officio on the grounds 
which affected a judgment, even if the ground is not included in the reason for 
appeal (hangso). <Amended by Law No. 1500, Dec. 13, 1963> 
(3) An evidence which could be an evidence at the court of first instance may 
be evidence at the court of appeal (hangso). <Newly Inserted by Law No. 1500, 
Dec. 13, 1963> 
(4) An appeal (hangso) shall be dismissed by means of a judgment when the 
court decides that no ground for appeal (hangso) exists. <Amended by Law No. 
1500, Dec. 13, 1963> 
(5) When it is evident that there exists no ground for appeal (hangso), the court 
may dismiss an appeal (hang so) by a judgment, without oral proceedings, by 
examining the petition of appeal (hangso), the statement of reason for appeal 
(hangso) or any other records of proceedings. <Amended by Law No. 1500, 
Dec. 13, 1963> 
(6) The original judgment shall be quashed and a new judgment announced 
when the court decides that any of the grounds for appeal (hangso) are valid. 
<Amended by Law No. 1500, Dec. 13, 1963> 
Article 364-2 (Quashing Judgment for Co-defendant) 
If, in a case where the original judgment is quashed for one defendant, the 
same reason for quashing exists also with respect to co-defendant who 
appealed, the original judgment against the co-defendant shall also be quashed. 
83 IP/N/IIKOR/l 
Page 774 
[This Article Newly Inserted by Law No. 70S, Sep. 1, 1961] 
Article 365 (Presence of the Accused) 
(1) If an accused does not appearfor public trial on the date set, another date 
shall be set. <Amended by Law No. 70S, Sep. 1, 1961 > 
(2) A judgment may be pronounced without oral statement of the accused when 
the accused does not appear in the court on the subsequent date without 
proper reason. 
Article 366 (Return of Case to Original Court) 
When the original judgment is to be quashed on the ground that the judgment 
on dismissal of public prosecution or jurisdictional incompetency is contrary to 
the law, the case shall be sent back to the original court by means of a 
judgment. 
Article 367 (Transfer of Case to Competent Court) 
When the original judgment is to be quashed on the ground that the basis for 
jurisdiction is contrary to the law, the case shall, be means of a judgment, be 
transferred to a competent court of first instance. However, if the appeal 
(hangso) court has itself jurisdiction of first instance over the case, it shall try 
the case as court of first instance. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 368 (Prohibition of Judgment Disadvantageous to the Accused) 
In a case where appeal (hangso) has been lodged by, or for the benefit of the 
accused, no penalty more severe than that imposed by the original judgment 
shall be pronounced. <Amended by Law No. 1500, Dec. 13, 1963> 
Article 369 (What must be stated in Text of Appeal (Hangso) Judgment) 
The reasons for the decision of the court shall be stated in the text of judgment 
rendered by the appeal (hangso) court, and the facts and evidences stated on 
the original judgment may be quoted in the judgment of the appeal (hangso) 
court. <Amended by Law No. 70S, Sep. 1, 1961; Law No. 1500, Dec. 13, 1963> 
Article 370 (Applicable Provisions) 
The provisions relating to public trial in Part 11 shall apply mutatis mutandis to 
trial on appeal (hangso), except as otherwise provided in this Chapter. 
<Amended by Law No. 1500, Dec. 13, 1963> 
CHAPTER III APPEAL TO SUPREME COURT FROM HIGH 
COURT 
84 Article 371 (Judgment which can be re-appealed (Sanggo» IPINlllKORll 
Page 775 
Re-appeal may be lodged, in case the finding of the court of second instance is 
not satisfactory, to the Supreme Court. <Amended by Law No. 705, Sep. 1, 
1961; Law No. 1500, Dec. 13, 1963> 
Article 372 (Direct Appeal to Supreme Court from District Court) 
In the following cases appeal (sanggo) may be made directly to the Supreme 
Court without filing appeal to the High Court against judgment in the first 
instance: <Amended by Law No. 705, Sep. 1, 1961; Law No. 1500, Dec. 13, 
1963> 
1. When the court fails to apply facts which are recognized in the original 
judgment, or where there is an error in the application of laws and regulations; 
and 
2. When the penalty has been abolished or changed or general amnesty has 
been proclaimed subsequent to the rendition of the original judgment. 
Article 373 (Appeal to High Court and Direct Appeal to Supreme Court from 
District Court) 
An appeal to the Supreme Court against the judgment in first instance shall lose 
its effect if an appeal to the High Court is filed. However, this shall not apply 
when appeal (hangso) has been withdrawn or dismissed by means of a ruling. 
<Amended by Law No. 1500, Dec. 13, 1963> 
Article 374 (Period allowed for Appeal (Sanggo» 
The period allowed for appeal (sanggo) shall be seven days. 
Article 375 (Method of Request Appeal (Sanggo)) 
An appeal (sanggo) shall be lodged by presenting petition of appeal to the 
original court. 
Article 376 (Ruling on Dismissal of Appeal (Sanggo) by Original Court) 
(1) Where it is obvious that the appeal (hangso) is made contrary to the legal 
form or has been filed after the termination of the right to appeal, the original 
court shall dismiss it by means of a ruling. 
(2) Immediate appeal to the High Court may be filed against such a ruling as 
referred to in the preceding Paragraph. 
Article 377 (Time for Sending Record of Proceedings to Public Prosecutor's 
Office) 
85 IP/N/l/KORll 
Page 776 
(1) With the exception of the preceding Article, the original court shall send the 
record of proceedings and evidence to a public prosecutor in the public 
prosecutor's office corresponding to the original court, within fourteen days from 
the day the court has received a petition of appeal (sanggo) and the public 
prosecutor shall send them to a public prosecutor in the public prosecutor's 
office corresponding to the Re-appeal Court within seven days from the day he 
receives it. 
(2) The public prosecutor in the public prosecutor's office corresponding to the 
Re-appeal Court shall send the record of proceedings as referred to in the 
preceding Paragraph to the Re-appeal Court within five days from the day he 
receives it. [This Article Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 378 (Receiving Records of Proceedings and Notification) 
(1) When the Re-appeal Court receives the record of proceedings, it shall 
immediately inform the appellant and appellee of the reason. 
(2) When a defense counsel is appointed before the notification mentioned in 
the preceding Paragraph, the court shall inform the defense counsel. [This 
Article Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 379 (Statement of Reasons of Appeal (Sanggo) and Written Answer) 
(1) An appellant or defense counsel shall submit a statement of the reason for 
appeal to the Re-appeal Court within twenty days from the day when he 
received the notification provided for in the preceding Article. 
(2) The reason shall be expressed distinctly in the statement for appeal 
(sanggo) quoting the facts on the basis of the record and evidence already 
made and examined by the original court. 
(3) The Re-appeal Court shall serve a copy or transcript of the statement to the 
other party without delay. 
(4) The appellee may submit a written answer to the Re-appeal Court within ten 
days from the day he has been served in accordance with the preceding 
Paragraph. 
(5) The Re-appeal Court shall serve a copy or transcript of the statement to 
appellant or defense counsel without delay. [This Article Wholly Amended by 
Law No. 705, Sep. 1, 1961] 
Article 380 (Ruling of Dismissal of Appeal (Sanggo)) 
When appellant or defense counsel does not submit a statement of reason for 
86 IP/N/lIKORlI 
Page 777 
the appeal within the period referred to in Paragraph (1) of the preceding Article, 
the court shall dismiss the appeal (sanggo) by means of a ruling. However, this 
shall not apply when there are reasons entered in the petition of appeal. [This 
Article Wholly Amended by Law No. 70S, Sep. 1, 1961] 
Article 381 (Ruling of Dismissal of Appeal (Sanggo)) 
The Re-appeal Court shall dismiss an appeal (sanggo) by means of a ruling 
when original court fails to render a ruling dismissing appeal (sanggo) subject to 
the provisions of Article 376. [This Article Wholly Amended by Law No. 70S, 
Sep.1, 1961] 
Article 382 (Ruling of Dismissal of Appeal (Sanggo)) 
An appeal (sanggo) shall be dismissed by means of a ruling if the provisions of 
Subparagraphs 1 and 2 of Article 328 (1) are applicable. 
Article 383 (Reasons of Appeal (Sanggo)) 
An appeal (sanggo) may be lodged against a judgment in the original instance 
rendered by the High Court for the following grounds: <Amended by Law No. 
1500, Dec. 13, 1963> 
1. In case there has been a violation of the Constitution, law, order or 
regulation which affected a decision of the court; 
2. In case punishment is abolished or changed or general amnesty has been 
proclaimed after a decision of the court has been rendered; 
3. In case there is a reason to request for a review; and 
4. Regarding those cases for which punishment of death, a life term or an 
imprisonment with or without hard labor for more than ten years has been 
imposed, when the judgment attached was affected by grave mistake of the fact 
or when the amount of the punishment is extremely improper. [This Article 
Wholly Amended by Law No. 705, Sep. 1, 1961] 
Article 384 (Scope of Investigation) 
The Re-appeal Court shall investigate all the matters contained in the statement 
accompanying the appeal (sanggo). However, in cases of Subparagraphs 1 to 3 
of the preceding Article, the court may render a decision ex officio thereon, 
even if it is not included in the reasons for re-appeal. [This Article Wholly 
Amended by Law No. 1500, Dec. 13, 1963] 
Article 385 Deleted. <by Law No. 70S, Sep. 1, 1961 > 
Article 386 (Qualification of Defense Counsel) 
For trial on appeal (sanggo), no person other than an advocate shall be 
appointed as defense counsel. 
87 IP/N/lIKORl1 
Page 778 
Article 387 (Ability of Argument) 
In a trial on an appeal (sanggo), only the defense counsel shall argue on behalf 
of the accused. 
Article 388 (Form of Argument) 
The public prosecutor and the defense counsel shall argue on the basis of the 
statement of reasons accompanying the appeal (sanggo). 
Article 389 (Absence, etc. of Defense Counsel) 
(1) If a defense counsel does not appear, or no defense counsel has been 
appointed, a judgment may be given after having the oral statement of a public 
prosecutor, except in the case of Article 283. 
(2) In the case of the preceding Paragraph, when a legitimate statement of 
reason is presented, it shall be considered as an oral statement. 
Article 390 (Judgment by Examination of Documents) 
The Re-appeal Court may render an adjudication, without oral proceedings, 
after examining the petition of appeal, the statement of reasons for re-appeal, 
or any other records of the proceedings. [This Article Wholly Amended by Law 
No. 705, Sep. 1, 1961] 
Article 391 (Quashing of Original Judgment) 
When there exist reasons for an appeal (sanggo), the original judgment shall be 
quashed by means of judgment. 
Article 392 (Quashing for Co-Accused) 
In case the original judgment for the benefit of an accused is quashed, such 
judgment shall also affect a co-accused by whom an appeal (sanggo) was 
lodged if the ground for quashing is common to the co-accused. 
Article 393 (Dismissal of Public Prosecution and Judgment of Returning) 
In case the original judgment or judgment of the court of first instance is to be 
quashed on the ground that an appeal (sanggo) properly filed was dismissed, it 
shall be sent back to the original court or the court of first instance by means of 
a judgment. 
Article 394 (Recognition of Jurisdiction and Judgment of Transfer) 
88 IPINIlIKORl1 
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In case the original judgment or the judgment of the court of first instance is to 
be quashed on the ground that the basis for jurisdiction is contrary to law, it 
shall be transferred to the court of proper jurisdiction by means of a judgment. 
Article 395 (Jurisdiction Erroneously Refused) 
In case the original judgment or the judgment of the court of first instance is to 
be quashed on the ground that the basis for refusing jurisdiction is against the 
law, it shall be sent back to the original court or the court of first instance by 
means of a judgment. 
Article 396 (Judgment of Quashing) 
(1) In case the original judgment is to be quashed, then the Re-appeal Court 
may render a judgment on the basis of the record and evidence already made 
and examined by the original court or the court of first instance and may render 
a direct judgment on the case. <Amended by Law No. 70S, Sep. 1, 1961 > 
(2) The provisions of Article 368 shall apply mutatis mutandis to the judgment 
provided for in the preceding Paragraph. 
Article 397 (Return or Transfer to Original Court) 
When the original judgment is quashed on grounds other than the preceding 
four Articles, the case either shall be sent back to the original court, or 
transferred to another court of similar jurisdiction, by means of a judgment. 
Article 398 (Form of Entry of Decision of Document) 
The reason for judgment concerning appeal shall be written in the statement of 
decision. <Amended by Law No. 70S, Sep. 1, 1961> 
Article 399 (Applicable Provisions) 
The provisions of the preceding Chapter shall apply mutatis mutandis to the trial 
of appeal (sanggo), except as otherwise provided in this Chapter. 
Article 400 (Request for Amendment of Judgment) 
(1) The Re-appeal Court, where it notes any error in the content of its judgment, 
may ex officio amend it by a judgment upon request of the public prosecutor, 
the appellant or the defense counsel. <Amended by Law No. 70S, Sep. 1, 
1961> 
(2) The request mentioned in the preceding Paragraph shall be made within ten 
days after the day when the judgment has been pronounced. 
89 IP/N/lIKORll 
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(3) The request mentioned in Paragraph (1) shall be made in writing together 
with the reason therefor. 
Article 401 (Judgment for Amendment) 
(1) A judgment for amendment may be rendered without opening oral 
proceedings. 
(2) The court of an appeal (sanggo) shall reject a request, by means of a ruling, 
without delay when the request for amendment is not favorably considered. 
CHAPTER IV APPEAL ON RULING (HANGGO) 
Article 402 (Judgment to be appealed (Hanggo)) 
Against a ruling of a court, an appeal (hangso) may, if there is any objection, be 
made. However, this shall not apply in cases where it is specially provided in 
this Code. 
Article 403 (Appeal (Hanggo) against Ruling Prior to Judgment) 
(1) Against a ruling rendered, prior to the judgment, concerning the jurisdiction 
of a court or the proceedings, no appeal (hang so) shall be made except in 
cases where it is specially provided in this Code. 
(2) The provisions of the preceding Paragraph shall not apply to a ruling relating 
to detention, release on bail, seizure or restoration of articles seized or a ruling 
relating to confinement of the accused in connection with examination by expert 
witnesses. 
Article 404 (Time to file Ordinary Appeal (Hanggo)) 
With the exception of immediate appeal (hanggo), appeal (hanggo) may be 
made at any time. However, this shall not apply when it is no longer of 
advantage to have the original ruling cancelled. <Amended by Law No. 1500, 
Dec. 13, 1963> 
Article 405 (Period allowed for Immediate Appeal (Hanggo)) 
The period allowe9 for immediate appeal (hanggo) shall be three days. 
Article 406 (Procedure of Appeal (Hanggo)) 
An appeal (hanggo) shall be filed by presenting a written application to the 
original court. 
Article 407 (Ruling of Dismissal of Appeal (Hanggo) by Original Court) 
90 IPINlllKORll 
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(1) In cases where it is obvious that the application for appeal (hanggo) is 
contrary to the form prescribed by law or it is filed after the termination of the 
right of appeal (hanggo), the original court shall dismiss it by means of a ruling. 
(2) An immediate appeal (hanggo) may be filed against the ruling of the 
preceding Paragraph. 
Article 408 (Ruling of Renewal by Original Court) 
(1) In cases where the original court finds appeal (hang go) to be well-founded, it 
shall correct the error in the ruling. 
(2) Where the whole or a part of an appeal (hanggo) is groundless, the court 
shall send the written application with its written opinions attached thereto to the 
court of appeal (hanggo) within three days from the day when it received the 
application. 
Article 409 (Suspension of Execution and Ordinary Appeal (Hanggo» 
With the exception of immediate appeal (hanggo), appeal (hanggo) shall not 
have the effect of suspending the execution of the decision. However, the 
original court or the court of appeal (hanggo) may, by means of a ruling, 
suspend the execution until the appeal (hanggo) shall have been adjudicated. 
Article 410 (Immediate Appeal (Hanggo) and Effect of Suspension of Execution) 
During the period allowed for immediate appeal (hanggo) or after it is made, the 
execution of the decision shall be suspended. 
Article 411 (Delivery of Records of Proceedings) 
(1) The original court shall, if deemed necessary, send the records of 
proceedings and articles of evidence to the court of appeal (hanggo). 
(2) The court of appeal (hanggo) may demand the records of proceedings and 
articles of evidence. 
(3) In the cases of the preceding two Paragraphs, the court of appeal (hanggo) 
shall inform the parties within five days from the day the records of proceedings 
and articles of evidence are received. 
Article 412 (Statement by Public Prosecutor) 
The public prosecutor may state his opinion regarding an appeal (hanggo). 
Article 413 (Ruling of Dismissal of Appeal (Hanggo» 
91 IP/N/IIKORJl 
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In cases where the original court does not dismiss an appeal (hanggo) which 
falls under the provisions of Article 407, the court of appeal (hanggo) shall 
dismiss it by means of a ruling. 
Article 414 (Dismissal of Appeal (Hanggo) and Recognition of Reasons for 
Appeal (Hanggo)) 
(1) In cases where the appeal (hanggo) is found to be groundless, it shall be 
dismissed by means of a ruling. 
(2) If the appeal (hanggo) is well-founded, the original ruling shall be cancelled 
by ruling and, if necessary, a decision against the case of appeal (hanggo) shall 
be rendered anew. 
Article 415 (Re-Appeal (Chaehanggo)) 
Against a ruling rendered by the court of appeal (hanggo) or a High Court, an 
immediate appeal may be lodged to the Supreme Court only on the ground that 
there has been a violation of the constitution, law, order or regulation which 
affected a court decision. [This Article Wholly Amended by Law No. 1500, Dec. 
13,1963] 
Article 416 (Quasi-Appeal (Chaehanggo)) 
(1) A person who has an objection against a ruling rendered by the presiding 
judge or a commissioned judge which falls under any of the following 
Subparagraphs may demand cancellation or alteration of it to the court to which 
the judge belongs: 
1. A ruling dismissing a motion for challenge; 
2. A ruling relating to confinement, release on bail, seizure or restoration of 
articles seized; 
3. A ruling ordering confinement for the purpose of examination by expert 
witnesses; and 
4. A ruling ordering fine for negligence or compensation for expenses to a 
witness, expert witness, interpreter, or translator. 
(2) A ruling requested in relation to the above Subparagraphs shall be rendered 
by the collegiate court. 
(3) The demand mentioned in Paragraph (1) shall be made within three days 
after the date on which the ruling is made. 
(4) The execution of a ruling provided in Subparagraph 4 of Paragraph (1) shall 
be suspended during the period specified in the preceding Paragraph after 
demand is made. 
92 Article 417 (Quasi-Appeal) IP/N/1/KORlI 
Page 783 
A person who objects to a disposition concerning confinement, seizure or 
restoration of seized articles which were effected by a public prosecutor or a 
judicial police officer, may demand cancellation or alteration to the court which 
has jurisdiction over the judicial police officer or to the court corresponding to 
the public prosecutor's office to which the public prosecutor belongs. 
Article 418 (Form of Quasi-Appeal) 
The demand provided in the preceding two Articles shall be made by presenting 
a written application to the competent court. 
Article 419 (Applicable Provisions) 
The provisions of Articles 409, 413, 414 and the text of Article 415 shall apply 
mutatis mutandis to cases arising under Article 416 or 417. 
PART IV SPECIAL PROCEEDINGS OF TRIAL 
CHAPTER I REOPENING OF PROCEDURE 
Article 420 (Reopening of Procedure) 
Request for reopening of procedure may be made for the benefit of a person 
against whom a judgment of "guilty" has become finally binding, in the following 
cases: 
1. When documentary evidence or articles of evidence, on which the original 
judgment was based, have been proved by another finally binding judgment to 
have been forged or altered; 
2. When testimony, expert opinion, interpretation or translation on which the 
original judgment was based, has been proved by another finally binding 
judgment to be false; 
3. When the offense of false accusation committed against a person 
pronounced guilty has been proved by another final judgment; 
4. When the decision on which the original judgment was based has been 
altered by another final decision; 
5. When clear evidence has been newly discovered that in regard to a person 
pronounced guilty, a judgment of "not guilty" or acquittal should be pronounced, 
or in the case ora person condemned, a judgment of remission of a penalty 
should be pronounced, or a lighter offense than that found by the original 
judgment should be given; 
6. When, in a case in which a judgment of "guilty" has been rendered for the 
offense of infringing a copyright, a patent right, a utility model right, a design 
right or a trademark right, a final decision of the Patent Office holding such right 
to be void has been made or a judgment of a court has been rendered to the 
93 IP/N/1/KORll 
Page 784 
same effect; and 
7. When it is proved by a final judgment that an offense had been committed 
in connection with official functions by a judge who participated in the decision 
by the original court or the court below, or in the inquiry which formed the basis 
of the original judgment, or by a public prosecutor or judicial police officer who 
participated in the institution of a public prosecution or in the investigation which 
formed the basis of the public prosecution. However, this shall apply only if the 
court which rendered the original judgment was unaware that public prosecution 
was instituted against such judge, public prosecutor or judicial police officer 
prior to the rendition of the original judgment. 
Article 421 (Reopening of Procedure) 
(1) Request for reopening of procedure may be made against a final judgment 
by which appeal (hanggo) or appeal (sanggo) was rendered for a cause 
specified in Subparagraph 1, 2 or 7 of the preceding Article. <Amended by Law 
No. 1500, Dec. 13, 1963> 
(2) After a judgment to reopen procedure has been rendered in a case in which 
reopening of procedure against a final judgment in first instance was requested, 
reopening of procedure shall not be requested against a judgment dismissing 
an appeal (hanggo). <Amended by Law No. 1500, Dec. 13, 1963> 
(3) After a judgment for reopening of procedure has been rendered in a case in 
which reopening of procedure against a final judgment in the first or second 
instance was requested, reopening of procedure shall not be requested against 
a judgment dismissing the appeal (sanggo). 
Article 422 (Evidence in Finally Binding Judgment) 
When it is impossible to get a final judgment as proof of an offense in 
accordance with the preceding two Articles, then if it appears that such a final 
judgment should be made, the court may grant a request for reopening of 
procedure on proof of such facts. However, this shall not apply to a case in 
which final judgment is prevented by lack of evidence. 
Article 423 (Jurisdiction over Reopening of Procedure) 
Request for reopening of procedure shall be made in the jurisdiction of the court 
which rendered the original judgment. 
Article 424 (Persons entitled to Request Reopening Procedure) 
Following person may request reopening of procedure: 
1. A public prosecutor; 
2. A person who has been pronounced guilty; 
3. The legal representative of a person who has been pronounced guilty; and 
94 IP/NIl/KORJl 
Page 785 
4. The spouse or lineal relative or brother or sister of person pronounced 
guilty if the latter dies or is in a state of unsound mind. 
Article 425 (Reopening of Procedure to be requested only by Public Prosecutor) 
Request for reopening of procedure for the causes specified in Subparagraph 7 
of Article 420, may be made only by a public prosecutor if the offense was 
instigated by the person who has been pronounced "guilty". 
Article 426 (Selection of Defense Counsel) 
(1) When a person other than a public prosecutor requests reopening of 
procedure, he may select a defense counsel. 
(2) The selection of defense counsel under the provisions of the preceding 
Paragraph shall remain valid until a judgment is rendered on the reopening of 
procedure. 
Article 427 (Time to request Reopening of Procedure) 
Reopening of procedure may be requested even after execution of the penalty 
has been completed or where the penalty is not to be executed. 
Article 428 (Reopening of Procedure and Effect of Suspension of Execution) 
Request for reopening of procedure shall not have the effect of staying the 
execution of the penalty. However, a public prosecutor of a public prosecutor's 
office corresponding to the competent court may stay the execution of the 
penalty until a decision is rendered in regard to the request for reopening of 
procedure. 
Article 429 (Withdrawal of Request for Reopening of Procedure) 
(1) Request for reopening of procedure may be withdrawn. 
(2) A person who has withdrawn a request for reopening of procedure shall not 
again request reopening of procedure for the same cause. 
Article 430 (Special Regulation) 
The provIsions of Article 344 shall apply mutatis mutandis to a request for 
reopening of procedure and the withdrawal thereof. 
Article 431 (Investigation of Fact) 
(1) On receipt of a request for reopening of procedure, a court may, if necessary, 
order a member of the collegiate court to conduct an investigation of facts 
95 IPINIlIKOR/l 
Page 786 
relating to the request or may requisition a judge of another court, to undertake 
it. 
(2) In the case of the preceding Paragraph, a commissioned judge of a 
requisitioned judge shall have the same power as a court or a presiding judge. 
Article 432 (Ruling for Reopening of Procedure and Opening of the Party) 
Before the court renders a ruling on a request for reopening of procedure, it 
shall hear the opinion of the applicant and the other party. However, in case a 
request is made by the legal representative of a person who has been 
pronounced "guilty", the court shall hear the opinion of such person. 
Article 433 (Ruling of Dismissal of Request) 
When it is obvious that a request for reopening of procedure has been made 
contrary to the form of law or subsequent to the termination of the right to make 
such request, it shall be dismissed by means of a ruling. 
Article 434 (Ruling of Dismissal of Request) 
(1) When a request for reopening of procedure is considered to be without 
grounds, it shall be dismissed by means of a ruling. 
(2) After the ruling mentioned in the preceding Paragraph has been rendered, 
reopening of procedure shall not again be requested for the same cause by any 
person. 
Article 435 (Ruling for Commencing Reopening of Procedure) 
(1) When a request for reopening of procedure is considered to be well-founded, 
a ruling for commencing reopening of procedure shall be rendered. 
(2) When a ruling for commencing reopening of procedure has been rendered, 
the execution of the penalty shall be stayed by means of a ruling. 
Article 436 (Concurrence of Request and Ruling of Dismissal of Request) 
(1) If a motion for reopening of procedure has been requested in respect to final 
judgment dismissing appeal (hanggo) and also to a judgment of first instance 
which has become final by the above judgment, then if the court of first instance 
renders a judgment for reopening of procedure, the court of appeal (hanggo) 
shall, by means of a ruling, dismiss the request for reopening of procedure. 
(2) When, in case reopening of procedure has been requested in respect to a 
final judgment dismissing appeal (sang go) against the judgment in first or 
second instance and to a judgment of first or second instance which has 
96 IP/N/l/KORll 
Page 787 
become finally binding by the above judgment, the court of first or second 
instance has rendered a judgment to the reopening procedure, the court of 
appeal (sanggo) shall, by means of a ruling, dismiss the request for reopening 
of procedure. [This Article Wholly Amended by Law No. 1500, Dec. 13, 1963] 
Article 437 (Immediate Appeal (Hanggo)) 
Immediate appeal (hanggo) may be made against the rulings mentioned in 
Articles 433, 434 (1), 435 (1) and 436 (1). 
Article 438 (Judgment for Reopening of Procedure) 
(1) In a case in which a ruling for commencing reopening of procedure has 
become final, a court shall, except in the case of Article 436, conduct a trial de 
novo according to its grade. 
(2) The provisions of Article 306 (1) and Subparagraph 2 of Article 328 (1), 
however, shall not apply to the trial mentioned in the preceding Paragraph in 
the following cases: 
1. When a request for reopening of procedure has been made on behalf of a 
deceased person or a person who is in a state of unsound mind with no hope of 
recovery; and 
2. When a person who has been pronounced "guilty" has, prior to a judgment 
being rendered in the reopening of procedure, died or fallen into a state of 
unsound mind from which there is no hope of recovery. 
(3) In the case of the preceding Paragraph, trial may be held without the 
appearance of the accused. However, it shall not be held if his defense counsel 
does not appear. 
(4) If, in the case of the preceding two Paragraphs, the person who has 
requested reopening of procedure does not select a defense counsel, a 
presiding judge shall, ex officio, assign a defense counsel. 
Article 439 (No Imposition of Heavier Punishment) 
In reopening of procedure, no penalty heavier than that pronounced in the 
original judgment shall be imposed. 
Article 440 (Notification of Judgment "Not Guilty") 
When a pronouncement of "not guilty" has been made after reopening of 
procedure, such judgment shall be published in the official Gazette and 
newspaper at the seat of the court. 
CHAPTER 11 EXTRAORDINARY APPEAL 
97 IPINIlIKORl1 
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Article 441 (Reasons for Extraordinary Appeal) 
When it has been discovered after a judgment has become binding that the trial 
or judgment of the case was in violation of law or regulation, the Prosecutor 
General may lodge an extraordinary appeal in the Supreme Court. 
Article 442 (Form of Extraordinary Appeal) 
In making an extraordinary appeal, a written application stating reasons thereof 
shall be presented to the Supreme Court. 
Article 443 (Date for Public Trial) 
A public prosecutor shall argue on the basis of the written application on the 
date for public trial. 
Article 444 (Sphere of Investigation and Investigation of Facts) 
(1) The Supreme court shall investigate only those matters which are stated in 
the written application for the extraordinary appeal. 
(2) The Supreme Court may examine facts as to the jurisdiction of the original 
court, the acceptance of the public prosecution and the procedure of the case. 
(3) In the case of the preceding Paragraph, the provisions of Article 431 shall be 
applicable. 
Article 445 (Judgment of Dismissal) 
When an extraordinary appeal is groundless, it shall be dismissed by a 
judgment. 
Article 446 (Judgment of Quashing) 
When an extraordinary appeal is considered to be well-grounded, a judgment 
shall be rendered according to the following categories: 
1. When the original judgment is in violation of law or regulation, the part in 
violation shall be quashed; however, if the original judgment was 
disadvantageous to the accused, it shall be quashed and a judgment rendered 
anew in the case; and 
2. When any procedure of the original judgment is in violation of law or 
regulation, the procedure in violation shall be quashed. 
Article 447 (Effect of Judgment) 
With the exception of a judgment rendered under the proviso of Subparagraph 
1 of the preceding Article, the effect of a judgment in extraordinary appeal shall 
98 not extend to the accused. 
CHAPTER III SUMMARY PROCEDURE 
Article 448 (Issuance of Summary Order) IP/N/lIKORll 
Page 789 
(1) In a matter coming within its jurisdiction, a district court may, on a public 
prosecutor's demand, impose a fine, minor fine or confiscation upon the 
accused by a summary order without ordinary proceedings of trial. 
(2) In the case of the preceding Paragraph, additional collections and other 
accessory dispositions may be effected. 
Article 449 (Demand for Summary Order) 
Demand for summary order shall be made in writing simultaneously with the 
institution of public prosecution. 
Article 450 (Ordinary Adjudication) 
If it is considered that a case does not admit of a summary order being issued 
or that it is not proper to do so, trial shall be conducted in accordance with the 
ordinary proceedings. 
Article 451 (Form of Summary Order) 
The facts constituting an offense, the law or regulation applicable, the principal 
penalty and other accessory matter together with a statement that an 
application for formal trial may be made within seven days from the day of 
notification of the order shall be clearly stated in the order for summary trial. 
Article 452 (Notification of Summary Order) 
Notification for summary order shall be made by serving a written order to a 
public prosecutor and the accused. 
Article 453 (Demand for Formal Trial) 
(1) A public prosecutor or the accused may apply for formal trial within seven 
days from the day on which he received notification of a summary order. An 
accused may not waive his right to demand formal trial. 
(2) An application for formal trial shall be made in writing to the court which has 
issued the summary order. 
(3) When an application for formal trial has been made, the court shall promptly 
notify the fact to the public prosecutor or the accused. 
99 IP/N/lIKORll 
Page 790 
Article 454 (Withdrawal of Demand for Formal Trial) 
An application for formal trial may be withdrawn prior to the rendering of a 
judgment in first instance. 
Article 455 (Ruling of Dismissal) 
(1) In the event an application for formal trial is made contrary to law or 
regulation or subsequent to the termination of the right of application, it shall be 
dismissed by means of a ruling. 
(2) Against such a ruling immediate appeal (hanggo) may be made. 
(3) Should an application for formal trial be considered legal, trial shall be 
conducted in accordance with the ordinary proceedings of trial. 
Article 456 (Nullification of Summary Trial) 
When a judgment is given on an application for formal trial, the summary order 
shall lose its effect. 
Article 457 (Effect of Summary Trial) 
A summary order shall acquire the same effect as an irrevocable judgment 
upon the lapse of period for application for formal trial or upon the withdrawal of 
such application or upon the ruling dismissing the application. 
Article 458 (Mutatis Mutandis Application of Appeal (Hanggo) Provision) 
The provisions of Articles 340 to 342, 345 to 352, and 354 shall apply mutatis 
mutandis to applications for formal trial or withdrawal thereof. 
PART V EXECUTION OF DECISION 
Article 459 (Final Binding and Execution of Trial) 
Except as otherwise provided in this Code, a decision shall be executed after it 
has become final. 
Article 460 (Conduct of Execution) 
(1) The execution of decision shall be directed by a public prosecutor of the 
public prosecutor's office corresponding to the court which rendered such 
decision. However, this shall not apply to a trial of such nature that it should be 
directed by a court or a judge. 
100 IPIN/1/KORll 
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(2) In case a decision of an inferior court is to be executed as the result of a 
decision on appeal or of the withdrawal of an appeal, a public prosecutor of the 
public prosecutor's office corresponding to the court of appeal shall direct its 
execution. However, if the records of the case are in the inferior court or a 
public prosecutor's office corresponding to the court, the public prosecutor of 
such public prosecutor's office shall direct the execution of the decision. 
Article 461 (Method of Conduct of Execution) 
The execution of decision shall be directed in writing accompanied by a copy of, 
or an extract from the document of decision or the protocol containing the 
decision. However, the direction, unless it is for the execution of a penalty, may 
also be given by affixing a seal and initials to original or a copy of or an extract 
from the document of decision, or a copy of or an extract from the protocol. 
Article 462 (Order of Execution of Penalty) 
In case there are two or more principal penalties other than deprivation of 
qualification, suspension of qualification, fine, minor fine, and confiscation, the 
heaviest penalty shall be executed first. However, a public prosecutor may stay 
execution of the heavier penalty and cause the lesser penalty to be executed, 
with the permission of the Minister of Justice. 
Article 463 (Execution of Death Penalty) 
The death penalty shall be executed by an order of the Minister of Justice. 
Article 464 (Final Judgment of Death and Submission of Records of 
Proceedings) 
When the judgment which has pronounced the death penalty is final, the public 
prosecutor shall submit the records of proceedings to the Minister of Justice 
without delay. 
Article 465 (Time to Order Execution of Death Penalty) 
(1) The order to execute the death penalty shall be given within six months from 
the day when a judgment becomes final. 
(2) In case where a request for the recovery of right of appeal or for reopening 
of procedure or application for an extraordinary appeal has been made, the 
time for completion of such procedure shall not be calculated in the period of six 
months. 
Article 466 (Period of Execution of Death Penalty) 
In the event of the Minister of Justice having ordered the execution of the death 
101 IPINIlIKORl1 
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penalty, such execution shall be carried out within five days. 
Article 467 (Presence in Execution of Death Penalty) 
(1) The death penalty shall be executed in the state of the public prosecutor, a 
secretary of a public prosecutor's office and a director of prison or director of 
detention house or his representative. 
(2) No person shall enter the place of execution except with the permission of a 
public prosecutor or a director of prison or director of detention house. [This 
Article Wholly Amended by Law No. 1500, Dec. 13, 1963] 
Article 468 (Protocol of Execution of Death Penalty) 
A secretary of a public prosecutor's office who attends at the execution of death 
penalty shall make an account of the execution, which shall be signed and 
sealed by him together with the public prosecutor and the director of prison or 
director of detention house or his representative. <Amended by Law No. 1500, 
Dec. 13, 1963> 
Article 469 (Suspension of Death Penalty) 
(1) If a person condemned to death is in a state of unsound mind or a woman 
condemned to death is pregnant, the execution shall be stayed by order of the 
Minister of Justice. 
(2) In case the execution of death penalty has been stayed under the provisions 
of the preceding Paragraph, the penalty shall be executed by order of the 
Minister of Justice subsequent to recovery from state of unsound mind or after 
delivery. 
Article 470 (Suspension of Execution of Punishment other than Death Penalty) 
(1) If a person condemned to penal servitude, imprisonment or detention is in a 
state of unsound mind, the execution shall be stayed until his recovery, subject 
to the direction of a public prosecutor of the public prosecutor's office 
corresponding to the court which pronounced the penalty or of a public 
prosecutor of the public prosecutor's office having jurisdiction over the place 
where the condemned is situated. 
(2) In case the execution of penalty has been stayed in accordance with the 
preceding Paragraph, a public prosecutor shall deliver the condemned to the 
person who is bound to guard and protect him or to the head of the local public 
authorities and cause him to be placed in a hospital or other suitable place. 
(3) A person for whom the execution of a penalty has been stayed shall be 
detained in prison or detention house until the disposition provided for in the 
102 IP/N/IIKORlI 
Page 793 
preceding Paragraph has been effected, and the period of such detention shall 
be included in the term of the penalty. <Amended by Law No. 1500, Dec. 13, 
1963> 
Article 471 (Suspension of Execution of Punishment other than Death Penalty) 
(1) The execution of penal servitude, imprisonment or detention may be stayed 
in the following cases, subject to the direction of a public prosecutor of the 
public prosecutor's office corresponding to the court which has pronounced the 
penalty or of a public prosecutor of the public prosecutor's office having 
jurisdiction over the place where the condemned is situated: 
1. If the health of the condemned will be seriously impaired as a result of the 
execution of penalty or there is apprehension that the condemned will not 
survive it; 
2. If the condemned is seventy years of age or over; 
3. If the condemned is in the sixth month of pregnancy or more; 
4. If sixty days have not elapsed after the condemned was delivered of a 
child; 
5. If the lineal ascendants of the condemned are seventy years of age or over, 
or crippled or seriously ill, and there is no relative to look after them; 
6. If the lineal descendants of the condemned are in their infancy and there is 
no relative to look after them; and 
7. If there is any other valid reason. 
(2) The public prosecutor shall obtain permission of the chief public prosecutor 
in the public prosecutor's office to which he belongs in matters pertaining to the 
preceding Paragraph. 
Article 472 (Suspension of Execution of Costs of Trial) 
The execution of the decision ordering the costs of trial to be borne shall be 
stayed within the period allowed for making the request provided by Article 487, 
or, in case such request has been made, until a decision thereon becomes 
finally binding. 
Article 473 (Summon for Execution) 
(1) If a person condemned to death, penal servitude, imprisonment or detention 
is not under confinement, a public prosecutor shall summon him for the purpose 
of the execution of penalty. 
(2) If he fails to appear in response to the summon, a public prosecutor shall 
arrest him by issuing a warrant of execution of penalty. <Amended by Law No. 
2450, Jan. 25, 1973> 
(3) In the case of Paragraph (1), if persons who are sentenced to penalties take 
flight or it is afraid that they may take flight or their whereabouts are unknown, 
103 IPINIlIKORl1 
Page 794 
they may be detained by issuing warrants of execution of penalties, without 
summoning. <Amended by Law No. 2450, Jan. 25, 1973> 
Article 474 (Method and Effect of Warrant of Execution of Penalty) 
(1) The warrant of execution of penalty under the preceding Article shall contain 
the convicted persons' names, addresses, ages, names of penalties, period of 
penalties and other necessary matters. 
(2) The warrant of execution of penalty has the same effect as the warrant of 
arrest for detention. [This Article Wholly Amended by Law No. 2450, Jan. 25, 
1973] 
Article 475 (Execution of Warrant of Execution of Penalty) 
The provisions on arrest of the accused in Chapter IX of art I shall apply 
mutatis mutandis to execution of warrant of execution of penalty under the 
preceding two Articles. [This Article Wholly Amended by Law No. 2450, Jan. 25, 
1973] 
Article 476 (Execution of Penalty concerning Qualification) 
The name of the person who has been sentenced to deprivation of qualification 
or suspension of qualification shall be entered in original list of sentenced 
persons and a copy shall be served without delay to the head of the Shi 
(referred to the Shi where no Ku is established; hereinafter the same shall 
apply) (IKu/Up/Myon in the Shi which is of the urban and rural complex type, it 
shall be the head of the ShilKu in case of the Dong area, and the head of the 
Up/Myon in case of the Up/Myon area) in the permanent domicile and place of 
residence of the sentenced person. <Amended by Law No. 4796, Dec. 22, 
1994> 
Article 477 (Execution of Penalty concerning Property) 
(1) A decision imposing a fine, minor fine, confiscation, additional collection, fine 
for negligence, the costs of trial, compensation for costs or provisional payment 
shall be executed by an order of a public prosecutor. 
(2) Such an order as referred to in the preceding Paragraph shall have the 
same effect as an executed deed of obligation. 
(3) The provisions of execution provided for in the Civil Procedure Code shall 
apply mutatis mutandis in regard to the execution of decisions referred to in 
Paragraph (1). However, the service of the decision is not necessary prior to the 
execution. 
Article 478 (Execution for Estate of Inheritance) 
104 IPIN/1/KORJl 
Page 795 
Confiscation, or a fine or additional collection imposed under the provisions of 
law or regulation relating to taxes or government monopolies, or other imposts 
may be executed upon the property of succession in the event the condemned 
dies after the judgment has become final. 
Article 479 (Execution for Juristic Person after Amalgamation) 
If a juristic person has been sentenced to fine, minor fine, confiscation, 
additional collection, costs of trial or compensation for costs, then if such 
juristic person has been extinguished by amalgamation after the judgment 
becomes final, the penalty may be executed on the juristic person which 
continues in existence after the amalgamation or which was formed by the 
amalgamation. 
Article 480 (Arrangement of Execution of Provisional Payment of Detention) 
If a decision for provisional payment was made in the second instance 
subsequent to the execution for decision of provisional payment in the first 
instance, such execution shall be applied to the decision in the second instance 
to the extent of the amount of money ordered to be paid by the decision in the 
second instance. 
Article 481 (Execution of Provisional Payment and Execution of Principal 
Punishment) 
If a decision of a fine, minor fine or additional collection has become final after 
the execution of decision of provisional payment, the penalty shall be deemed 
to have been executed to the extent of the amount paid. 
Article 482 (Calculation in Number of Detention Days pending Judgment after 
Appeal) 
(1) The number of days of detention pending judgment subsequent to the 
application for appeal shall be included in the calculation of the regular penalty, 
in the following cases: 
1. In the case where application for appeal has been made by a public 
prosecutor; and 
2. In the case where application for appeal has been made by the accused or 
a person other than the accused, and the original judgment is quashed by the 
court of appeal (sanggo) jurisdiction. 
(2) For the purpose of calculation under the preceding Paragraph, one day of 
detention pending judgment shall be counted as one day of penal term or the 
sum of 1,000 Won. <Amended by Law No. 2450, Jan. 25, 1973> 
(3) Detention effected after the court of appeal (sangso) has quashed the 
105 IPINlllKORll 
Page 796 
original judgment shall be included in the calculation following the example of 
the number of days of detention during the pendency of the appeal. 
Article 483 (Disposition of Goods confiscated) 
Goods which have been confiscated shall be disposed of by a public prosecutor. 
Article 484 (Delivery of Goods confiscated) 
(1) If, within three months after the execution of confiscation, delivery of the 
goods confiscated is demanded by the person lawfully entitled, a public 
prosecutor shall deliver them, with the exception of those which are to be 
destroyed or thrown away. 
(2) If the demand mentioned in the preceding Paragraph is made after the 
confiscated goods have been disposed of, a public prosecutor shall deliver the 
proceeds realized at the public sale. 
Article 485 (Indication of Forgery) 
(1) In case an article forged or altered is restored, the whole or forged part of 
such article shall be indicated. 
(2) In case the article forged or altered has not been seized, it shall be caused 
to be produced and the measure specified in the preceding Paragraph shall be 
taken. However, if the article belongs to a public office, the latter shall be 
notified of the forgery or alteration and advised to take suitable measures. 
Article 486 (Incapable Payment and Notification) 
(1) In case goods under seizure cannot be restored because the whereabouts 
of the person entitled to such restoration is unknown or for any other reason, a 
public prosecutor shall give public notice to such effect in the official Gazette. 
(2) If restoration is not requested in three months from the time of 
announcement, the articles shall belong to the National Treasury. <Amended by 
Law No. 2450, Jan. 25, 1973> 
(3) Even within the period specified in the preceding Paragraph, things of no 
value may be disposed of and those articles which are inconvenient to be kept 
in custody may be' sold at public sale and the proceeds held in custody. 
Article 487 (Application for Exemption of Costs of Trial) 
If a person who has been ordered to bear the costs of trial cannot make full 
payment because of poverty, he may request the court which rendered the 
decision ordering such costs to be borne by him to exempt him from the 
106 IP/N/IIKORll 
Page 797 
execution of the decision in respect to the whole or a part of such costs within 
ten days from the day when the decision has become final. 
Article 488 (Request for Doubt) 
If a person condemned to a penalty has any doubt in regard to the 
interpretation of the decision, he may request the court which pronounced the 
decision for an interpretation. 
Article 489 (Request for Objection) 
If a person against whom a decision is to be executed, or his legal 
representative or spouse, considers any disposition effected by a public 
prosecutor in regard to the execution to be improper, he may raise an objection 
to the court which pronounced such decision. 
Article 490 (Withdrawal of Requests) 
(1) The requests contemplated in the preceding three Articles may be 
withdrawn at any time before a ruling is rendered thereon. 
(2) The provisions of Article 344 shall apply mutatis mutandis to the requests 
mentioned in the preceding three Articles and to the withdrawal thereof. 
Article 491 (Immediate Appeal (Hanggo)) 
(1) In case the demand mentioned in the Articles 487 to 489 has been made, 
the court shall render a ruling on it. 
(2) Against the ruling provided for in the preceding Paragraph an immediate 
appeal (hanggo) may be made. 
Article 492 (Execution of Detention in Labor House) 
As regards the execution of a sentence of detention in the workhouse because 
of inability to make full payment of a fine or minor fine, the provisions relating to 
the execution of penalties shall apply mutatis mutandis. 
Article 493 (Costs of Execution to be charged) 
The costs of execution of any of the decision referred to in Article 477 (1) shall 
be charged to the person, on whom such execution is levied, and shall be 
collected simultaneously with the execution in accordance with the provisions of 
law and regulation concerning the Civil Procedure Code. 
ADDENDA 
107 IP/N/1/KORll 
Page 798 
Article 1 Those cases in which a public prosecution has been instituted before 
the enforcement of this Code shall be governed by the old Code. 
Article 2 Those cases in which a public prosecution has been instituted after 
the enforcement of this Code shall be governed by this Code. However, this 
shall not affect acts of procedure already taken in accordance with the 
provisions of the old Code prior to the enforcement of this Code. 
Article 3 The proceedings taken under the old Code before the enforcement of 
this Code shall be deemed to have been taken under this Code, if there are 
corresponding provisions in this Code. 
Article 4 The legal period which has begun to run before the enforcement of 
this Code and the period to be added thereto according to the distance 
between the residence of a person who is to participate in a trial or the 
place where his office is located and the place where a court is located 
shall be governed by the old Code. 
Article 5 In case where a person concerned with a case demands, in 
accordance 
of with the provisions of Article 45 of this Code, delivery of a copy of or 
extracts of the document of decision or the protocol in which the decision is 
entered, he shall accompany postal stamp amounting to 50 Hwan per sheet 
such copy or extracts. 
Article 6 Necessary matter concerning the disposal of those cases which are 
pending in court at the time of enforcement of this Code, shall be provided 
by the Supreme Court Regulations, if otherwise provided for in this Code. 
Article 7 The fine for negligence provided for in this Code and the amount 
mentioned in Article 5 of the Addenda in this Code may be increased or 
decreased by the Supreme Court Regulations according to change of the 
economic situation. 
Article 8 The following decree and ordinances which have been effective before 
the enforcement of this Code, shall hereby be repealed: 
1. The provisions of Chosun Penal Decree which conflict with this Code; and 
2. The provisions of the United States of America Military Government in 
Korea Ordinances which conflict with this Code. 
Article 9 (Enforcement Date) This Code shall enter into force as of May 30, 
1954. 
ADDENDA <Sep. 1, 1961 > 
(1) (Interim Provisions) 1. This Code shall apply to the cases pending in the 
courts at the time of enforcement of this Code. This, however, shall not modify 
108 IP/N/l/KORll 
Page 799 
the effect of any procedural acts taken prior to the enforcement of this Code; 
and 2. Cases appealed prior to the enforcement of this Code shall be governed 
by the old Code. 
(2) (Enforcement Date) This Code shall enter into force as of the date of its 
promulgation. 
ADDENDA <Dec. 13, 1963> 
(1) This Code shall enter into force as of December 17, 1963. 
(2) This Code shall apply to the cases pending in the courts at the time of 
enforcement of this Code. This, however, shall not modify the effect of any 
procedural acts taken in accordance with the old Code, prior to the enforcement 
of this Code. 
(3) As to the cases of appeal pending at the time of enforcement of this Code, 
a statement of reason for appeal may be filed again up to twenty days from the 
date of enforcement of this Code, if the period of filing an appeal has elapsed 
or a notice of the acceptance of the record of an appeal case has been given. 
ADDENDA <Jan. 25, 1973> 
(1) (Enforcement Date) This Code shall enter into force as of February 1, 1973. 
(2) (Interim Measures) This Code shall apply to cases pending in the courts at 
the time of the enforcement of this Code: Provided, That effects of the acts of 
procedure done pursuant to the old Code shall not be affected by the 
application of this Code. 
(3) (Interim Measures) As for punishments of person whose crimes were 
committed 
before the enforcement of this Code and are punishable with fine for negligence 
pursuant to the old Code, the old Code shall apply even after the enforcement 
of this Code. 
(4) (Interim Measures) With regard to the legal period which began to run 
before the enforcement of this Code, the old Code shall apply even after the 
enforcement of this Code. 
(5) (Interim Measures) The provisions of Article 286-2 shall not apply to those 
cases against which public prosecutions were instituted before the enforcement 
of this Code. 
ADDENDUM <Dec. 20, 1973> 
This Code shall enter into force as of the date of its promulgation. 
109 IP/N/1/KORll 
Page 800 
ADDENDUM <Dec. 18, 1980> 
This Code shall enter into force as of the date of its promulgation. 
ADDENDA <Nov. 28, 1987> 
(1) (Enforcement Date) This Code shall be effective as of February 25, 1988. 
(2) (Interim Measures) This Code shall apply to the cases pending in the courts 
at the time of the enforcement of this Code: Provided, That the effects of any 
procedural acts taken pursuant to the old Code shall not be affected by the 
application of this Code. 
ADDENDA <Dec. 22, 1994> 
Article 1 (Enforcement Date) This Code shall enter into force as of January 1, 
1995. 
Articles 2 to 4 Omitted. 
110 PENAL CODE IP/N/l/KORl1 
Page 801 
Code No.293 of 18 September 1953 
last amended by Code No.5454 of 13. December. 1997 
Entry into force: 1 January 1988 
-TABLE OF CONTENTS -
BOOK I GENERAL RULES ..................................................................................... 4 
CHAPTER I LIMIT OF OPERATION OF CRIMINAL CODE .................................. .4 
CHAPTER 11 CRIME ...................................................................................................... 5 
SECTION 1 Commission of Crime and Mitigation of Sentence .................................................... 5 
SECTION 2 Criminal Attempts ................................................................................................... 9 
SECTION 3 Complicity .............................................................................................................. 10 
SECTION 4 Repeated Crime (Recidivism) ................................................................................. 11 
SECTION 5 Concurrent Crimes ............................................................................................ , ..... 12 
CHAPTER III PUNISHMENT ..................................................................................... 13 
SECTION 1 Kinds and Severity of Punishments ......................................................................... 13 
SECTION 2 Determination ofPunishment. ................................................................................. 16 
SECTION 3 Suspension of Imposition of Sentence ............................................. , ....................... 18 
SECTION 4 Suspension of Execution of Sentence ...................................................................... 19 
SECTION 5 Execution of Punishment ........................................................................................ 20 
SECTION 6 Parole ..................................................................................................................... 21 
SECTION 7 Prescription for Execution of Judgment of Guilty .................................................... 22 
SECTION 8 Extinction ofPunishment. ....................................................................................... 23 
CHAPTER IV TERM .................................................................................................... 24 
BOOK 11 CRIMES .................................................................................................. 24 
CHAPTER I CRIME CONCERNING INSURRECTION ........................................... 24 
1 IPINIlIKORl1 
Page 802 
CHAPTER 11 CRIMES CONCERNING FOREIGN AGGRESSION ......................... 26 
CHAPTER III CRIMES CONCERNING THE NATIONAL FLAG ........................... 29 
CHAPTER IV CRIMES CONCERNING FOREIGN RELATIONS ........................... 29 
CHAPTER V CRIMES INJURIOUS TO PUBLIC PEACE ........................................ 31 
CHAPTER VI CRIMES CONCERNING EXPLOSIVES ............................................ 32 
CHAPTER VII CRIMES CONCERNING THE DUTIES OF PUBLIC OFFICIALS 33 
CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE 
PERFORMANCE OF OFFICIAL DUTIES .................................................................... 37 
CHAPTER IX CRIMES OF ESCAPE AND HARBORING CRIMINALS ................. 39 
CHAPTER X THE CRIMES OF PERJURY AND DESTRUCTION OF EVIDENCE 
........................................................................................................................................... 41 
CHAPTER XI THE CRIME OF FALSE ACCUSATION ............................................ 42 
CHAPTER XII CRIMES CONCERNING DECEASED PERSONS ........................... 42 
CHAPTER XII CRIMES OF ARSON AND FIRE CAUSED BY NEGLIGENCE ..... 43 
CHAPTER XIV CRIMES CONCERNING INUNDATION AND WATER 
UTILIZATION .................................................................................................................. 47 
CHAPTER XV CRIMES OF TRAFFIC OBSTRUCTION ......................................... .48 
CHAPTER XVI CRIMES CONCERNING DRINKING WATER .............................. 50 
CHAPTER XVII CRIMES CONCERNING OPIUM ................................................... 51 
CHAPTER XVIII CRIMES CONCERNING CURRENCY ........................................ 53 
CHAPTER XIX CRIMES CONCERNING VALUABLE SECURITIES AND 
POSTAGE ANDREVENUE STAMPS ............................................................................. 54 
CHAPTER XX CRIMES CONCERNING DOCUMENTS .......................................... 56 
CHAPTER XXI CRIMES CONCERNING SEALS ..................................................... 59 
CHAPTER XXII' CRIMES PREJUDICIAL TO MORALS ......................................... 60 
CHAPTER XXIII CRIMES CONCERNING GAMBLING AND LOTTERIES ........ 61 
CHAPTER XXIV CRIMES OF HOMICIDE ............................................................... 62 
CHAPTER XXV CRIMES OF INFLICTING BODILY INJURY AND VIOLENCE 63 
2 IPINIlIKORl1 
Page 803 
CHAPTER XXVI CRIMES OF INFLICTING BODILY INJURY AND DEATH 
THROUGH NEGLIGENCE ............................................................................................ 65 
CHAPTER XXVII THE CRIMES OF ABORTION .................................................... 66 
CHAPTER XXVIII CRIMES OF ABANDONMENT .................................................. 67 
CHAPTER XXIX CRIMES OF FALSE ARREST AND ILLEGAL CONFINEMENT 
........................................................................................................................................... 68 
CHAPTER XXX CRIMES OF INTIMIDATION ......................................................... 70 
CHAPTER XXXI CRIMES OF KIDNAPPING ........................................................... 71 
CHAPTER XXXII CRIMES CONCERNING CHASTITy ......................................... 73 
CHAPTER XXXIII CRIMES AGAINST REPUTATION ............................................ 75 
CHAPTER XXXIV CRIMES AGAINST CREDIT, BUSINESS AND AUCTION ...... 76 
CHAPTER XXXV CRIMES OF VIOLATION OF SECRECy ................................... 77 
CHAPTER XXXVI CRIMES OF INTRUSION UPON A HUMAN ............................ 77 
HABITATION ................................................................................................................... 78 
CHAPTER XXXVII CRIMES OF OBSTRUCTING ANOTHER FROM 
EXERCISING HIS RIGHT .............................................................................................. 78 
CHAPTER XXXVIII CRIMES OF LARCENY AND ROBBERy .............................. 80 
CHAPTER XXXIX CRIMES OF FRAUD AND EXTORTION .................................. 83 
CHAPTER XXXX CRIMES OF EMBEZZLEMENT AND BREACH OF TRUST ... 85 
CHAPTER XXXXI CRIMES CONCERNING STOLEN PROPERTY ...................... 87 
CHAPTER XXXXII CRIMES OF DESTRUCTION AND DAMAGE ........................ 88 
ADDENDA ................................................. ................................................................ 89 
ADDENDUM <Mar. 25, 1975> .................................................................................. 92 
ADDENDUM <Dec. 31, 1988> .................................................................................. 93 
3 IP/N/l/KORlI 
Page 804 
BOOK I GENERAL RULES 
CHAPTER I LIMIT OF OPERATION OF CRIMINAL CODE 
Article 1 Criminality and Punishability of an Act 
(1) The criminality and punishability of an act shall be determined by the law 
prevailing at the timeof the commission of that act. 
(2) When a law is changed after the commission of a crime, such act thereby 
no longer constituting a crime under the new law, or the punishment therefor 
under the new law being less severe than under the previous law, the new law 
shall apply. 
(3) When a law is changed after the sentence for a crime committed under the 
law has become final, such act thereby no longer constituting a crime, the 
execution of the punishment shall be remitted. 
Article 2 Domestic Crimes 
This Code shall apply both to Korean nationals andaliens who commit crimes 
within the territory of the Republic of Korea. 
Article 3 Cr~mes by Koreans outside Korea 
This Code shall apply to all Korean nationals who commit crimes outside the 
territory of the Republic of Korea. 
Article 4 Crimes by Aliens on Board Korean Vessel, etc. outside Korea 
This Code shall apply to aliens who commit crimes on board a Korean vessel or 
Korean aircraft outside the territory of the Republic of Korea. 
Article 5 Crimes by Aliens outside Korea 
This Code shall apply to aliens who commit any of the following crimes outside 
4 the territory of the Republic of Korea: 
1. Crimes concerning insurrection; 
2. Crimes concerning foreign aggression; 
3. Crimes concerning the national flag; 
4. Crimes concerning currency; IP/N/IIKORll 
Page 805 
5. Crimes concerning valuable securities, postage and revenue stamps; 
6. Crimes specified in Articles 225 to 230 concerning documents; and 
7. Crimes specified in Article 238 concerning seals. 
Article 6 Foreign Crimes against the Republic of Korea and Korean National 
outside Korea 
This Code shall apply to aliens who commit crimes, other than those specified 
in the preceding Article, against the Republic of Korea or her nationals outside 
the territory of the Republic of Korea, except where such facts under existing 
law at the place of the act do not constitute a crime, or the prosecution thereof 
or the execution of the punishment therefor is remitted. 
Article 7 Execution of Sentence Imposed abroad 
If an offender has undergone execution of sentence imposed abroad because 
of crime, either in whole or in part, the punishment therefor in Korea may be 
mitigated or remitted. 
Article 8 Application of General Provision 
The general provisions of this Code shall also apply to those crimes for which 
punishment is provided by other laws except as is otherwise provided by such 
laws. 
CHAPTER 11 CRIME 
SECTION 1 Commission of Crime and Mitigation of Sentence 
Article 9 Criminal Minors 
5 IP/N/l/KORll 
Page 806 
he act of a person under fourteen years of age shall not be punishable. 
Article 10 Persons with Mental Disorders 
(1) The act of one who, because of ental disorder, is unable to make 
discriminations or to control one's will, shall not be punishable. 
(2) For the conduct of one who, because of mental disorder, is deficient in she 
abilities mentioned in the preceding Paragraph, the punishment shall be 
mitigated. 
(3) The provisions of the preceding two Paragraphs shall not apply to the act 
of one who, in anticipation of their commission of a crime, has intentionally 
incurred one's mental disorder. 
Article 11 Deaf-Mutes 
Punishment shall be mitigated for the act of deaf-mutes. 
Article 12 Action Compelled 
Action compelled by either irresistible force or threat against which there is no 
other way to protect the life or body of the compelled person or his relatives 
from injuries shall not be punishable. 
Article 13 Criminal Intent 
Act performed through ignorance of the facts which comprise the constituent 
elements of a crime shall not be punishable,except as otherwise provided by 
law. 
Article 14 Negligence 
Act performed through ignorance of the facts which comprise the constituents of 
a crime by neglect of normal attention, shall be punishable only when 
prescribed by law. 
6 Article 15 Mistake of Fact IP/N/l/KORll 
Page 807 
(1) Act performed through ignorance of the facts which constitute specially more 
severe crimes shall not be punishable as more severe crimes. 
(2) Crime for which punishment is more severe for certain results, shall not be 
punishable as a more severe crime if such results were not foreseeable. 
Article 16 Mistake of Law 
]When a person commits a crime through the misunderstanding that his act 
does not constitute a crime under existing law, he shall not be punishable only 
when the misunderstanding is based on reasonable grounds. 
Article 17 Causation 
When an act is not connected with the causing of the danger which is an 
element of a crime, it shall not be punishable because of its results. 
Article 18 Crime committed through Omission 
When a person who, having a duty to prevent the occurrence of danger, or 
having caused the occurrence of danger, does not prevent the occurrence of 
danger, the punishment shall be imposed in accordance with the results of 
such danger. 
Article 19 Concurrence of Independent Act 
When a series of independent acts concur at the same time or at several times, 
each act shall be punished as an attempted crime, if it is not ascertainable 
which act has produced the result thereof. 
Article 20 Justifiable Act 
An act which is conducted in accordance with a 
7 IPINlllKORll 
Page 808 
law, or in pursuance of accepted business practices, or other action which does 
not violate the social mores shall not be punishable. 
Article 21 Self-defense 
(1) An act which is performed in order to prevent impending and unjust 
infringement of one's own legal interest or of another person shall not be 
punishable when there are reasonable grounds. 
(2) When a preventive act has exceeded normal limits, the punishment may be 
mitigated or remitted according to the extenuating circumstances. 
(3) In the case of the preceding Paragraph, . an act performed through 
fear,surprise, excitement, or confusion in the night or under other 
extraordinarycircumstances shall not be punishable. 
Article 22 Necessity 
(1) An act which is performed in order to avoid impending danger against the 
one's own legal interest or of another person shall not be punishable when 
there are reasonable grounds. 
(2) The provisions of the preceding Paragraph shall not apply to a person 
charged with duties not to avoid the danger. 
(3) The provisions of Paragraphs (2) and (3) of the preceding Article shall apply 
mutatis mutandis to this Article. 
Article 23 Self-help 
(1) When it is impossible to preserve a claim by legal procedure, the action 
taken in order to avoid the impossibility or outstanding difficulties of its 
execution shall not be punishable when there are reasonable grounds. 
(2) When the action defined in the preceding Paragraph has exceeded 
reasonable limits, the punishment may be mitigated or remitted according to the 
8 circumstances. 
Article 24 Consent of Victim IP/NIlIKORl 1 
Page 809 
An act which infringes a legal interest with the consent of one who is authorized 
to dispose of such interest shall not be punishable except as otherwise provided 
by law. 
SECTION 2 Criminal Attempts 
Article 25 Criminal Attempts 
(1) When an intended crime is not completed or if the intended result fails to 
occur, it shall be punishable as an attempted crime. 
(2) The punishment for attempted crime may be mitigated to less than that for 
the consummated crime. 
Article 26 Crime Stopped Voluntarily 
When a person voluntarily stops his criminal act which he began or prevents the 
culmination thereof, the punishments shall be mitigated or remitted. 
Article 27 Impossible Crime 
Even though the occurrence of a crime is impossible because of the means 
adopted for the commission of the crime or because of mistake of objects, the 
punishment shall be imposed if there has been a resulting danger, but the 
punishment may be mitigated or remitted. 
Article 28 Conspiracy and Preparation 
When a conspiracy or the preparatory action for a crime has not reached 
commencement stage for the commission of the crime, the person shall not be 
punishable, except as otherwise provided by law. 
9 IPIN/1/KORll 
Page 810 
Article 29 Punishment of Attempts 
The punishment for attempted crimes shall be specifically provided in each 
Article concerned. 
SECTION 3 Complicity 
Article 30 Co-principals 
When two or more persons have jointly committed a crime, each of them shall 
be punished as a principal offender for the crime committed. 
Article 31 instigator 
(1) For a person who instigates another to commit a crime, the same 
punishment shall be applied as one who actually commits the crime. 
(2) When a person is instigated and consents to carry out a crime but does not 
reach the commencement stage for the commission thereof, the punishment 
for conspiracies or preparations thereof shall apply mutatis mutandis to the 
instigator and the instigated person. 
(3) Even though the instigated person does not consent to the commission of a 
crime, the preceding Paragraph shall apply to the instigator. 
Article 32 Accessories 
(1) Those who aid and abet the commission of a crime by another person shall 
be punished as accessories. 
(2) The punishment of accessories shall be mitigated to less than that of the 
principals. 
Article 33 Complicity and Status 
To a person who collaborates in the commission of a crime of which another's 
status is an element, the provisions of the preceding three Articles shall apply 
10 IP/N/l/KORll 
Page 811 
even though he lacks such status, but when the severity of a punishment varies 
with the accused's status, the more severe punishment shall not be imposed on 
him who lacks such status. 
Article 34 Principal through an Innocent Human Agent and Aggravation of 
Punishment for Particular Instigation or Aiding and Abetting 
(1) A person who commits a crime by instigating or aiding and abetting another 
who is not punishable for such conduct, or who is punishable as an offender 
through negligence, shall be punishable in accordance with the provision for an 
instigator or accessory. 
(2) A person who causes the results envisaged in the preceding Paragraph by 
instigating or aiding and abetting another person who is under his control and 
supervision, shall be punished by increasing one half of the maximum term or 
maximum amount of penalty provided for the principal in the case of instigating, 
and with the full penalty provided for the principal in the case of aiding and 
abetting. 
SECTION 4 Repeated Crime (Recidivism) 
Article 35 Repeated Crime 
(1) A person who, having been punished with mprisonment or more severe 
punishment within three years after the day on which the execution has been 
completed or remitted, shall be punished as a repeating offender. 
(2) Punishment for a repeated crime may be aggravated to twice the maximum 
term of that specified for such crime. 
Article 36 Discover of Repeated Crime after the Imposition of Sentence 
When a repeated crime is discovered after the imposition of sentence, the 
punishment may be determined de novo by adding to the criminal sentence, 
except when the execution of the sentence imposed has been completed or 
remitted. 
11 IP/N/IIKORl1 
Page 812 
SECTION 5 Concurrent Crimes 
Article 37 Concurrent Crimes 
Several crimes for which judgment has not become final, or a crime for which 
judgement has become final and a crime committed before the final judgment 
shall be regarded as concurrent crimes. 
Article 38 Concurrent Crimes and Application of Punishment 
(1) When concurrent crimes are adjudicated at the same time, punishment shall 
be imposed in accordance with the following classification: 
1. In the event punishment specified for the most severe crime is a death 
penalty or penal servitude for life or imprisonment for life, the punishment 
provided for the most severe crime shall be imposed; 
2. In the event the punishments specified for each crime are of the same 
kind, other than a death penalty or penal servitude for life or imprisonment for 
life, the maximum term or maximum amount for the most severe crime shall 
be increased by one half thereof, but shall not exceed the total of the 
maximum term or maximum amount of the punishments specified for each 
crime, although minor fine or confiscation may be imposed together; 
3. In the event the punishments specified for each crime are of different kind 
other than penal servitude for life or imprisonment for life, they shall be imposed 
together. 
(2) In regard to each Subparagraph of the preceding Paragraph, pena servitude 
and imprisonment shall be regarded as the same kind of punishments. 
Article 39 Concurrent Crimes not Adjudicated; Several Judgments and 
Concurrent Crimes; and Execution of Punishment and Concurrent Crimes 
(1) In the event there are one or more concurrent crimes which have not been 
adjudicated, sentence shall be imposed for the crime or crimes not adjudicated. 
(2) In the event several judgements as set forth in the preceding Paragraph 
have been rendered, they shall be executed in accordance with the provisions 
of the preceding Article. 
12 IP/N/l/KORJl 
Page 813 
(3) When a person who has been sentenced for concurrent crimes receives 
amnesty or remission of the execution of punishment with respect of anyone 
of the concurrent crimes, punishment for the remaining crimes shall be 
determined de novo. 
(4) In the execution of punishment specified in the preceding three 
Paragraphs, the period of sentence already served shall be taken into account. 
Article 40 Compound Crimes 
When a single act constitutes several crimes, punishment provided for the most 
severe crime shall be imposed. 
CHAPTER III PUNISHMENT 
SECTION 1 Kinds and Severity of Punishments 
Article 41 Kinds of Punishment 
Kinds of punishments shall be as follows: 
1. Death penalty; 
2. Penal servitude; 
3. Imprisonment; 
4. Deprivation of qualifications; 
5. Suspension of qualifications; 
6. Fine; 
7. Detention; 
8. Minor fine; 
9. Confiscation. 
Article 42 Term of Penal Servitude and Imprisonment 
Penal servitude or imprisonment shall be either for life or for a limited term, and 
the limited term shall be from one month to fifteen years; but it may be extended 
to fo twenty-five years in case of the aggravation of punishment. 
13 IPINIlIKOR/l 
Page 814 
Article 43 Imposition of Sentence, Deprivation of Qualifications and 
Suspension of Qualifications 
(1) A person who is sentenced to death, penal servitude for life or imprisonment 
for life, shall be deprived of the qualifications prescribed as follows: 
1. Qualifications to become public officials; 
2. Suffrage and eligibility under public law; 
3. Qualifications concerning business under public law, for which necessary 
conditions have been prescribed by law; 
4. Qualifications to become a director, auditor or manager of a juristic 
person or an inspector or custodian concerning the business of a juristic 
person. 
(2) A person who is sentenced to penal servitude for a limited term or 
imprisonment for a limited term shall be under suspension of qualifications is 
mentioned in Subparagraphs 1 through 3 of the preceding Paragraph until the 
execution of punishment is completed or remitted. 
Article 44 Suspension of Qualifications 
(1) Suspension of all or part of the qualifications specified in the preceding 
Article shall be for not less than one year nor more than fifteen years. 
(2) When both limited penal servitude or limited imprisonment and suspension 
of qualifications have been concurrently imposed, the term of suspension shall 
be reckoned from the day when the execution of penal servitude or 
imprisonment is completed or remitted. 
Article 45 Fine 
A fine shall be five hundred Hwan or more. 
Article 46 Detention 
Detention shall be from one day to thirty days. 
14 Article 47 Minor Fine 
A minor fine shall be from fifty Hwan to five hundred Hwan. 
Article 48 Confiscation and Additional Collection IP/N/lIKORl1 
Page 815 
A thing which is not the property of a person other than the criminal, of which 
was acquired by a person other than the criminal with the knowledge of its 
nature after commission of the crime, may be confiscated in whole or in part if it 
is: 
1. A thing which has been used or was sought to be used in the commission of 
a crime; 
2. A thing produced by or acquired by means of criminal conduct. 
3. A thing received in exchange for a thing mentioned in the preceding two 
Subparagraphs; 
(2) When the things mentioned in the preceding Paragraph can not be 
confiscated, the equivalent price thereof shall be collected. 
(3) When only a part of a document, drawing or valuable security is 
confiscable, the part shall be abandoned. 
Article 49 Additional Charactor of Confiscation 
Confiscation shall be imposed in addition to other punishment. Even though a 
judgment of conviction is not rendered against an accused, confiscation may be 
ordered when the requisites of confiscation are satisfied. 
Article 50 Severity of Punishments 
(1) The severity of punishments shall be in the order stated in Article 41, but 
imprisonment for life shall be deemed to be more severe than limited penal 
servitude. When the length of a fixed term of imprisonment exceeds the length 
of a fixed term of penal servitude, the imprisonment shall be deemed to be the 
more severe. 
15 IPINIlIKORl1 
Page 816 
(2) In case of punishments of the same kind, the one having a longer maximum 
term or larger maximum amount shall be deemed to be more severe, and when 
the maximum term or amount is equal, the one having the longer minimum term 
or larger minimum amount shall be deemed to be more severe. 
(3) Except for the application of the provisions of the preceding two 
Paragraphs, severity shall be determined by the nature and circumstances of 
the crime. 
SECTION 2 Determination of Punishment 
Article 51 General Principles for Determination of Punishment 
In determining punishment, the following shall be taken into consideration: 
1. The age, character and conduct, intellect and environment of the offender; 
2. Offender's relation to the injured party; 
3. The motive for the commission of the crime, the means and the result; 
4. Circumstances after the commission of the crime. 
Article 52 Self-denunciation and Voluntary Confession 
(1) When self-denunciation is made to competent authorities who have the 
responsibility to investigate the crimes, the punishment may be mitigated or 
remitted. 
(2) The preceding Paragraph shall apply when voluntary confession is made to 
the injured party in respect to crimes which can not be prosecuted over 
objection of the injured party. 
Article 53 Discretionary Mitigation 
When there are extenuating circumstances in relation to the commission of a 
crime, the punishment may be mitigated. 
Article 54 Optional Penalty and Discretionary Mitigation 
Where there are several kinds of punishments prescribed for a single crime, the 
16 IPINIlIKORlI 
Page 817 
kinds of the punishment to be imposed shall first be decided and then a 
mitigation, if any, shall be made. 
Article 55 Statutory Mitigation 
(1) Statutory mitigation is as follows: 
1. When a death penalty is to be mitigated, it shall be reduced to penal 
servitude or imprisonment, either for life or not less than ten years; 
2. When penal servitude for life or imprisonment for life is to be mitigated, 
it shall be reduced to limited penal servitude or limited imprisonment for 
not less than seven years; 
3. When limited penal servitude or limited imprisonment is to be mitigated, 
it shall be reduced by one half of the term of the punishment; 
4. When deprivation of qualifications is to be reduced, suspension of 
qualifications for not less than seven years shall be imposed; 
5. When suspension of qualifications is to be mitigated, it shal1 be reduced 
by one half of the term thereof; 
6. When a fine is to be mitigated, it shall be reduced by one half of the 
maximum amount thereof; 
7. When detention is to be mitigated, it shall be reduced by one half of the 
maximum term thereof; 
8. When a minor fine is to be mitigated, it shall be reduced by one half of 
the maximum amount thereof. 
(2) When there are several reasons for which the punishment is to be reduced 
by law, it may be repeatedly mitigated. 
Article 56 Order of Aggravation and Mitigation 
When the grounds for which punishment is to be increased or reduced have 
occurred at the same time, the fol1owing order shall apply: 
1. Aggravation by relevant Articles of particular provisions; 
2. Aggravation by Paragraph (2) of Article 34; 
3. Aggravation for repeated crimes; 
4. Statutory mitigation; 
17 IP/N/l/KORll 
Page 818 
5. Aggravation for concurrent crimes; 
6. Mitigation for extenuating circumstances. 
Article 57 Inclusion of Number of Days of Confinement before Imposition of 
Sentence 
(1) The number of days of confinement before imposition of sentence shall be 
included in whole or in part in the period of limited penal servitude, or limited 
imprisonment, or lockup at work-house in respect to a fine or minor fine, or 
detention. 
(2) In the case of the preceding Paragraph, one day of confinement shall be 
reckoned as one day of the term of penal servitude, or imprisonment, or 
lockup at work-house in respect to a fine or minor fine, or detention. 
Article 58 Public Announcement of Judgment 
(1) When it is recognized as necessary for the benefit of an injured party, public 
announcement of the judgment may be made at the expense of the accused but 
only upon request of the injured party. 
(2) When a judgment of not guilty or acquittal is rendered, public 
announcement of the judgment may be ordered. 
SECTION 3 Suspension of Imposition of Sentence 
Article 59 Requisites for Suspension of Impositions of Sentence 
(1) If, in cases where punishments of penal servitude or imprisonment for not 
more than one year, suspension of qualifications, or fines are to be imposed, 
there are extenuating circumstances in application of the provisions of Article 51 
and the criminal shows sincere repentance, the imposition of sentence may be 
suspended, except for a person who has previously been convicted and 
received a sentence of suspension of qualifications or more severe punishment. 
(2) Even when punishments are concurrently imposed, the imposition of 
18 sentence may be suspended either in whole or in part. 
Article 60 Effect of Suspension of Imposition of Sentence IP/N/l/KORl1 
Page 819 
After two years have elapsed since the suspension of imposition of sentence, it 
shall be deemed to be acquitted. 
Article 61 Nullification of Suspension of Imposition of Sentence 
The suspended sentence shall be imposed when another judgment of 
suspension of qualifications or more severe punishment is decreed, or when a 
prior conviction resulting in suspension of qualifications or more severe 
punishment is disclosed during the term of suspension. 
SECTION 4 Suspension of Execution of Sentence 
Article 62 Requisites for Suspension of Execution of Sentence 
(1) If, in cases where a sentence of penal servitude or imprisonment for not 
more than three years is imposed, there are extenuating circumstances in 
application of the provision of Article 51, the execution of a sentence for a 
period of not less than one year nor more than five years may be suspended, 
provided that five years have elapsed since a sentence to imprisonment or 
more severe punishment was completed or remitted. 
(2) When punishments are to be imposed concurrently, execution of punishment 
may be suspended separately. 
Article 63 Nullification of Suspension of Execution of Sentence 
When a person whose sentence was suspended is again sentenced to 
imprisonment or more severe punishment during the period of the suspension 
and the judgment becomes final, the previous sentence of suspension of 
execution of sentence shall lose its validity. 
Article 64 Revocation of Suspension of Execution of Sentence 
19 IP/N/IIKORll 
Page 820 
If the facts of the proviso of Article 62 are discovered after suspension of 
execution of punishment is rendered, the suspension of execution of sentence 
shall be revoked. 
Article 65 Effect of Suspension of Execution of Sentence 
After a suspended sentence is rendered, and the term of suspension has fully 
elapsed without the ntence being nullified or revoked, the sentence shall lose its 
validity. 
SECTION 5 Execution of Punishment 
Article 66 Death Penalty 
The death penalty shall be executed by hanging at a prison. 
Article 67 Penal Servitude 
Penal servitude shall consist of confinement in prison and performance of 
prescribed work. 
Article 68 Imprisonment and Detention 
Imprisonment and detention shall be executed by confining in prison. 
Article 69 Fine and Minor Fine 
(1) Fine and minor fine shall be paid within thirty days from the day when the 
judgment has become final, but when a fine is imposed, confinement in a work­
house may be concurrently ordered until the amount thereof is paid in full. 
(2) A person who does not pay a fine in full shall be confined in a work-house 
and work for a term of not less than one month nor more than three years, or in 
case of a minor fine, from one day to twenty-nine days. 
Article 70 Lockup at Work-House 
20 IPINIlIKORl1 
Page 821 
When rendering a sentence of fine or minor fine, the court shall simultaneously 
determine and decree a substitute term of lockup in the event payment of such 
fine or minor fine is not made in full. 
Article 71 Deduction of the Number of Days of Lockup 
When a person has paid only a portion of a fine or minor fine to which he was 
sentenced, such number of days as corresponds to the amount of money paid 
shall be deducted, in accordance with the ratio of the entire fine or minor fine to 
the full period set for lockup. 
SECTION 6 Parole 
Article 72 Requisites for Parole 
(1) A person under execution of penal servitude or imprisonment who has 
behaved himself well and has shown sincere repentance may be provisionally 
released by an act of the administrative authorities when ten years of a life 
sentence or one-third of a limited term of punishment has been served. 
(2) If a fine or minor fine has been imposed concurrently with the punishment 
specified in the preceding Paragraph, the amount thereof shall be paid in full. 
Article 73 Confinement before Imposition of Sentence and Parole 
(1) in connection with release on parole, the number of days of confinement 
before imposition of sentence which is included in the period of sentence shall 
be counted as a period that has been served. 
(2) The member of days of confinement before imposition of sentence counted 
as the period of confinement for fine shall be deemed to be the payment of a 
corresponding amount in the case referred to in Paragraph of the preceding 
Article. 
Article 74 Nullification of Parole 
21 IPINIlIKORl1 
Page 822 
When a judgment has become final by sentence of imprisonment or more 
severe punishment during the period of parole, the grant of parole shall lose its 
effect, except in the cases where the sentence results from a crime through 
negligence. 
Article 75 Revocation of Parole 
When a person who has been granted a parole violates the parole regulations 
concerning surveillance, the parole may be revoked. 
Article 76 Effect of Parole 
(1) After a parole has been granted and ten years for a life sentence, or the 
remaining term for a limited punishment, has elapsed without nullification or 
revocation thereof having been made, the execution of punishment shall be 
deemed to have been completed. 
(2) In the case of the preceding two Articles, the number of days spent during 
parole shall not be included in the term of punishment. 
SECTION 7 Prescription for Execution of Judgment of Guilty 
Article 77 Effect of Prescription 
A person who has been sentenced guilty shall be relieved of the execution 
thereof by reason of the completion of the period of prescription. 
Article 78 Period of Prescription 
A period of prescription is completed when judgment of guilty has not been 
executed within any of the following periods after the judgment has become 
final: 
1. Thirty years, in the event of death penalty; 
2. Twenty years, in the event of penal servitude for life or imprisonment for 
life; 
22 IP/N/IIKORll 
Page 823 
3. Fifteen years, in the event of penal servitude or imprisonment for not 
less than ten years; 
4. Ten years, in the event of penal servitude or imprisonment for not less 
than three years, or in the event of suspension of qualifications for not 
less than ten years; 
5. Five years, in the event of penal servitude or imprisonment for less than 
three years, or in the event of suspension of qualifications for not less 
than five years; 
6. Three years, in the event of suspension of qualifications for less than 
five years, fine, confiscation, or collection; 
7. One year, in the event of detention or minor fine. 
Article 79 Suspension of Prescription 
A period of prescription shall not be computed to include the period of 
suspension or stay of the execution of punishment or parole, or other period 
within which the execution is suspended. 
Article 80 Interruption of Prescription 
The running of the period of prescription shall be interrupted by arrest of a 
person sentenced to a death penalty, penal servitude, imprisonment, or 
detention, and by instituting execution proceedings in the case of fine, minor 
fine, confiscation, or collection. 
SECTION 8 Extinction of Punishment 
Article 81 Nullification of Punishment 
If seven years have elapsed without, a person who had completed the 
execution of penal servitude or imprisonment, or who had received remission of 
the execution, being sentenced to suspension of qualifications or more severe 
punishment after compensating the victim for his damages, the invalidation of 
the judgment may be pronounced upon the request of the person himself or a 
prosecutor. 
23 IPIN/1/KORll 
Page 824 
Article 82 Restoration of Rights 
In case one half of the term of a suspended sentence has elapsed for any 
person who had been sentenced to suspension of qualifications without being 
sentenced to a further suspension of qualifications or more severe punishment 
after compensating the victim for his damages, the recovery of qualification may 
be granted upon the request of the person himself or a prosecutor. 
CHAPTER IV TERM 
Article 83 Computation of Period of Time 
Terms fixed by year or month shall be calculated in accordance with the 
calendar. 
Article 84 Computation of Term of Punishment 
(1) Term of punishment shall be reckoned from the day when the judgment 
becomes final. 
(2) The number of days for which confinement is not enforced in case of penal 
servitude, imprisonment, detention or lock-up shall not be counted in the term of 
punishment. 
Article 85 First Day of Execution of Punishments and Period of Prescription 
The first day of execution of punishments, or of term of prescription shall e 
reckoned as a full day regardless of the hour. 
Article 86 (Release Day) Release shall be effected on the day of completion of 
the term of punishment. 
BOOK 11 CRIMES 
CHAPTER I CRIME CONCERNING INSURRECTION 
24 Article 87 Insurrection IP/N/IIKORll 
Page 825 
A person who creates a disorder for the purpose of usurping the national 
territory or subverting the Constitution shall be punished according to the 
following classifications: 
1. A ring leader shall be punished by death, penal servitude for life or 
imprisonment for life; 
2. A person who participates in a plot, or commands, or engages in other 
essential activities shall be punished by death, penal servitude or 
imprisonment for life, or not for less than five years; the same shall also 
apply to a person who has committed acts of killing, wounding, destroying or 
plundering; 
3. A person who merely responds to the agitation and follows the lead of 
another or merely joins in the disorder shall be punished by penal servitude 
or imprisonment for not more than five years. 
Article 88 Homicide for the Purpose of Insurrection 
A person who kills another for the purpose of usurping the national territory, or 
subverting the Constitution shall be punished by death, penal servitude for life 
or imprisonment for life. 
Article 89 Attempts 
Attempts to commit the crimes specified in the preceding two Articles shall be 
punished. 
Article 90 Preparations, Conspiracies, Agitation, or Propaganda 
(1) Anyone who prepares or conspires with intent to commit the crimes of Article 
87 or 88 shall be punished by penal servitude, or imprisonment for not less than 
three years, but when he denounces himself before the intended crime is 
committed, the punishment shall be mitigated or remitted. 
(2) The preceding Paragraph shall apply to a person who agitates or 
25 IPIN/1/KOR/l 
Page 826 
propagates the crimes specified in Article 87 or 88. 
Article 91 Definition of Subverting the Constitution 
The purpose of subverting the Constitution in this Chapter means those acts 
which fall within anyone of the following Subparagraphs: 
1. To extinguish the function of the Constitution or laws without observing 
the procedure provided by the Constitution or laws; 
2. To overthrow government organs established by the Constitution or to 
make impossible by force the exercise of their functions. 
CHAPTER 11 CRIMES CONCERNING FOREIGN AGGRESSION 
Article 92 Inducement of Foreign Aggression 
A person who, in conspiracy with a foreign country, causes to commence 
hostilities against the Republic of Korea, or who, in conspiracy with foreigners, 
fight against the Republic of Korea, shall be punished by death or penal 
servitude for life. 
Article 93 Taking Side with Enemy 
A person who fights against the Republic of Korea by joining an enemy country 
shall be punished by death. 
Article 94 Benefiting the Enemy by Levying Soldiers 
(1) A person who levies soldiers for an enemy country shall be punished by 
death or penal servitude for life. 
(2) A person who applies for conscription referred to in the preceding 
Paragraph shall be punished by penal servitude for life or not less than five 
years. 
Article 95 Benefiting Enemy by Delivering Equipment 
26 IPlNll/KORll 
Page 827 
(1) A person who delivers to an enemy country troops, fortresses, camps, or 
vessels, airplanes, such other places, equipments or structures to be used for 
military purpose, shall be punished by death or penal servitude for life. 
(2) A person who delivers to an enemy country arms, ammunition, or such other 
goods to be used for military purpose shall also be punished as prescribed in 
the preceding Paragraph. 
Article 96 Benefiting Enemy by Destroying Equipment 
A person who, for the benefit of an enemy country, destroys or makes 
impossible the use of military equipment or other goods prescribed in the 
preceding Article, shall be punished by death or penal servitude for life. 
Article 97 Benefiting Enemy by Delivering Goods 
A person who delivers to an enemy country such arms or ammunition as are not 
currently used for military purpose or goods usable for battle shall be punished 
by penal servitude for life or not less than five years. 
Article 98 Spy 
(1) A person who acts as a spy for an enemy country, or aids or abets a spy of 
an enemy country, shall be punished by death, penal servitude for life or for not 
less than seven years. 
(2) The preceding Paragraph shall also apply to a person who divulges 
military secrets to an enemy country. 
Article 99 Benefiting Enemy by Other Methods 
A person who injures military interests of the Republic of Korea or delivers an 
enemy country military benefit by crimes other than those specified in the 
preceding seven Articles, shall be punished by penal servitude for life not less 
than three years. 
Article 100 Attempts 
27 IP/N/1/KORll 
Page 828 
Attempts of the crimes provided in the preceding eight Articles shall be 
punished. 
Article 101 Preparations, Conspiracies, Agitation or Propaganda 
(1) A person who prepares or conspires with intent to commit any of the crimes 
of Articles 92 to 99 shall be sentenced to penal servitude for a limited term of 
not less than two years, but when he denounces himself before carrying out the 
commission of the intended crimes, the punishment shall be mitigated or 
remitted. 
(2) The preceding Paragraph shall apply to a person who agitates or 
propagates any of the crimes specified in Article 92 to 99. 
Article 102 Quasi-Enemy Country 
A foreign country or a group of foreigners which specified in any of the crimes of 
Article 93 to the preceding Article takes hostile action against the Republic of 
Korea shall be deemed an enemy country. 
Article 103 Non-performance of Munition Contract in Wartime 
(1) A person who, without justifiable reason, does not perform a contract 
concerning munitions or military structures for the government in time of war or 
during a warlike incident shall be punished by penal servitude for not than ten 
years. 
(2) A person who obstructs another from performing a contract specified in 
the preceding Paragraph shall also be punished in accordance with the 
provisions of the preceding Paragraph. 
Article 104 Allied Power 
The provisions of this Chapter shall apply to the act committed against an allied 
power. 
28 Article 104-2 Deleted. <by Law No. 4040, Dec. 31,1988> IPINlllKORll 
Page 829 
CHAPTER III CRIMES CONCERNING THE NATIONAL FLAG 
Article 105 Profanation of National Flag or National Emblem 
A person who damages, removes or stains the national flag or the national 
emblem for the purpose of insulting the Republic of Korea shall be punished by 
penal servitude or imprisonment for not more than five years, suspension of 
qualifications for not more than ten years, or a fine of not more than twenty-five 
thousand Hwan. 
Article 106 Defamation of National Flag or National Emblem 
A person who defames the national flag or the national emblem for the purpose 
mentioned in the preceding Article shall be punished by penal servitude or 
imprisonment for not more than one year, suspension of qualification for not 
more than five years, or a fine of not more than ten thousand Hwan. 
CHAPTER IV CRIMES CONCERNING FOREIGN RELATIONS 
Article 107 Assaults, etc. against Foreign Sovereign 
(1) A person who uses violence or intimidation against the sovereign of a 
foreign country sojourning in the Republic of Korea shall be punished by penal 
servitude or imprisonment for not more than seven years. 
(2) A person who insults, or defames the sovereign of a foreign country as 
referred to in the preceding Paragraph shall be punished by penal servitude or 
imprisonment for ~ot more than five years. 
Article 108 Assaults, etc. against Foreign Envoy 
(1) A person who uses violence or intimidation against the envoy of a foreign 
country sent to the Republic of Korea shall be punished by penal servitude or 
29 IPINIlIKORJI 
Page 830 
imprisonment for not more than five years. 
(2) A person who insults or defames the envoy of a foreign country as referred 
to in the preceding Paragraph shall be punished by penal servitude or 
imprisonment for not more than three years. 
Article 109 (Profanation of Foreign Flag or Foreign Emblem) A person who, for 
the purpose of insulting a foreign country, damages, removes or stains a 
foreign national flag or emblem which is officially used for such country shall be 
punished by penal servitude or imprisonment for not more than two years or by 
a fine not exceeding fifteen thousand Wan. 
Article 110 Consent of the Victim 
Crimes specified in the preceding three Articles shall not be prosecuted over the 
express objection of the foreign government concerned. 
Article 111 Private War against Foreign Country 
(1) A person who wages a private war against a foreign country shall be 
punished by limited imprisonment for not less than one year. 
(2) Attempts to commit crimes specified in the preceding Paragraph shall be 
punished. 
(3) A person who makes preparations or conspires with intent to commit the 
crime of the Paragraph (1) shall be punished by imprisonment for not more 
than three years or by a fine not exceeding twenty-five thousand Hwan, but 
when he denounces himself before the commission of such intended crimes, 
the punishment shall be mitigated or remitted . 
. Article 112 Violations of Neutrality Orders 
A person who violates an order concerning neutrality in a war between foreign 
countries shall be punished by imprisonment for not more than three years or a 
fine of not more than fifteen thousand Hwan. 
30 Article 113 Divulgence of Diplomatic Secrets IPINlllKORJl 
Page 831 
(1) A person who divulges diplomatic secrets shall be punished by penal 
servitude for not more than five years or by a fine not exceeding twenty-five 
thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who searches for or 
collects diplomatic secrets for the purpose of divulging them. 
CHAPTER V CRIMES INJURIOUS TO PUBLIC PEACE 
Article 114 Organization of Criminal Group 
(1) A person who organizes a group whose purpose is to commit a crime, or 
who joins such a group, shall receive the punishment specified for such crime; 
but the punishment may be mitigated. 
(2) A person who organizes a group whose purpose is to reject compulsory 
military service or liability to pay taxes, or joins such a group, shall be 
punished by penal servitude or imprisonment for not more than ten years, or 
by a fine not exceeding fifty thousand Hwan. 
(3) A person who commits the crimes of the preceding two Paragraphs and is 
punished by penal servitude or imprisonment for a definite term or fine, may 
concurrently be punished by suspension of qualifications for not more than ten 
years. 
Article 115 Riot 
Persons who assemble in large numbers and use violences or intimidation or 
take destructive action shall be punished by penal servitude or imprisonment for 
not less than one year nor more than ten years or by a fine not exceeding fifty 
thousand Hwan. 
Article 116 Failure of Dispersion of Masses 
31 IPINlllKORll 
Page 832 
Persons who assemble in large number for the purpose of using violence or 
intimidation or taking destructive action and do no disperse after being ordered 
to do so three or more times by officials authorized to control such matters, shall 
be punished by penal servitude or imprisonment for not more than two years or 
by a fine not exceeding ten thousand Hwan. 
Article 117 Nonfulfillment of Contract of Public Demand in Wartime 
(1) A person who fails to perform, without justifiable reasons, a concluded 
contract for the supply of foodstuffs or other necessities of life with the state or a 
public organization in wartime, calamity or other warlike incident shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding twenty-five thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who interferes with the 
performance of the contract of the preceding Paragraph. 
(3) In the case of the preceding two Paragraphs, the prescribed fine may also 
be concurrently imposed. 
Article 118 False Impersonation of Public Official 
A person who exercises official authority by false impersonation of a public 
official shall be punished by penal servitude for not more than three years or by 
a fine of not more than fifteen thousand Hwan. 
CHAPTER VI CRIMES CONCERNING EXPLOSIVES 
Article 119 Use of Explosives 
(1) One who injur~s a person or damages property or disturbs the public peace 
by using explosives shall be punished by death or penal servitude for life or for 
not less than seven years. 
(2) A person who commits the crimes of the preceding Paragraph in time of 
war, calamity, or other warlike incident shall be punished by death or penal 
32 servitude for life. IPINIlIKORJ1 
Page 833 
(3) Attempts to commit the crimes of the preceding two Paragraphs shall be 
punished. 
Article 120 Preparations, Conspiracies and Instigation 
(1)A person who prepares or conspires with intent to commit the crimes of 
paragraphs and of the preceding Article, shall be punished by penal servitude 
for not less than two years, but if he denounces himself before the commission 
of the intended crimes, the punishment shall be mitigated or remitted. 
(2) The preceding Paragraph shall apply to a person who instigates another to 
commit the crimes of Paragraphs (1) and (2) of the preceding Article. 
Article 121 Manufacture, etc. of Explosives in Wartime 
A person who manufactures, imports, exports, delivers, or possesses 
explosives without justifiable reason in time of war or warlike incident, shall be 
punished by penal servitude for not more than ten years. 
CHAPTER VII CRIMES CONCERNING THE DUTIES OF PUBLIC 
OFFICIALS 
Article 122 Abandonment of Duties 
A public official who refuses to perform his duties or abandons his duties 
without justifiable reason shall be punished by penal servitude or imprisonment 
for not more than one year or suspension of qualifications for not more than 
three years. 
Article 123 Obstructing Another Person from Exercising his Right 
A public official who, by abusing his official authority, causes a person to 
perform the conduct which is not to be performed by the person, or obstructs 
the person from exercising a right which the person is entitled to exercise, shall 
be punished by penal servitude for not more than five years and suspension of 
33 IP/N/l/KORlI 
Page 834 
qualifications for not more than ten years. 
Article 124 Unlawful Arrest and Unlawful Confinement 
(1) If a person who performs or assists in activities concerning judgment, 
prosecution, police, or other functions involving the restraint of the human body, 
arrests or imprisons another by abusing his official authority, he shall be 
punished by penal servitude for not more than seven years and suspension of 
qualifications for not more than ten years. 
(2) Attempts to commit the crimes specified in the preceding Paragraph shall 
be punished. 
Article 125 Violence and Cruel Act 
A person who, in performing or assisting in activities concerning judgment, 
prosecution, police or other functions involving the restraint of the human body, 
commits an act of violence or cruelty against a criminal suspect or against 
another person while in the performance of his duties, shall be punished by 
penal servitude for not more than five years and suspension of qualifications for 
not more than ten years. 
Article 126 Publication of Facts of Suspected Crime 
A person who, in the performance or supervision of, or in the assistance in, 
functions involving prosecution, police, or other activities concerning 
investigation of crimes, makes public, before request for public trial, the facts of 
a suspected crime which have come to his knowledge during the performance 
of his duties, shall be punished by penal servitude for not more than three years, 
or suspension of qualifications for not more than five years. 
Article 127 Divulgence of Official Secrets 
A public official or former public official who divulges official secrets obtained in 
the course of performing his duties and classified by law as secret shall be 
punished by penal servitude or imprisonment for not more than two years or 
34 suspension of qualifications for not more than five years. 
Article 128 Obstruction of Election IPINlllKORll 
Page 835 
A public official, having duties concerning prosecution, police or army, who 
intimidates a voter, candidate, or a person who seeks to be candidate, in an 
election provided for by law, or who obstructs the freedom of election by any 
other means, shall be punished by penal servitude for not more than ten years 
and suspension of qualifications for not less than five years. 
Article 129 Acceptance of Bribe and Advance Acceptance 
(1) A public official or an arbitrator who receives, demands or promises to 
accept a bribe in connection with his duties, shall be punished by penal 
servitude for not more than five years or suspension of qualifications for not 
more than ten years. 
(2) If a person who is to become a public official or an arbitrator receives, 
demands or promises to accept a bribe in response to a solicitation, in 
connection with the duty which he is to perform and he actually becomes a 
public official or arbitrator, penal servitude for not more than three years or 
suspension of qualifications for not more than seven years shall be imposed. 
Article 130 (Bribe to Third Person) A public official or an arbitrator who 
causes, demands or promises a bribe to be given to a third party on 
acceptance of an unjust solicitation in connection with his duties shall be 
punished by penal servitude for not more than five years or suspension of 
qualifications for not more than ten years.Article 131 (Improper Action after 
Acceptance of Bribe and Subsequent Bribery) (1) If a public official or an 
arbitrator takes an improper action after committing the offenses under the 
preceding two Articles, penal servitude for a limited term of not less than one 
year shall be impo,sed. 
(2) If a public official or an arbitrator receives, demands or promises to receive a 
bribe, or causes, demands or promises a bribe to be given to a third party, after 
taking an improper action in the course of performing his duties, the punishment 
specified in the preceding Paragraph shall be imposed. (3) If a person who was 
35 IP/N/l/KORll 
Page 836 
a public official or an arbitrator receives a bribe or demands or agrees to receive 
a bribe after taking an improper action in the course of performing his duties on 
acceptance of a solicitation made during his incumbency, penal servitude for not 
more than five years or suspension of qualifications for not more than ten years 
shall be imposed. (4) In the case of the preceding three Paragraphs, 
suspension of qualifications for not more than ten years may concurrently be 
imposed. 
Article 132 Acceptance of Bribe through Good Offices 
A public official who, by taking advantage of his post, receives, demands or 
agrees to receive a bribe concerning the use of the good offices in connection 
with the affairs which belong to the functions of another public official, shall be 
punished by penal servitude for not more than three years or suspension of 
qualifications for not more than seven years. 
Article 133 Delivery of Bribe 
(1) A person who promises, delivers or manifests a will to deliver a bribe as 
stated in Articles 129 through the preceding Article shall be punished by penal 
servitude for not more than five years or by a fine not exceeding twenty-five 
thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who, for the purpose of 
committing the crime specified in the preceding Paragraph, delivers money or 
goods to a third party, or receives such delivery with the knowledge of its 
nature. 
Article 134 Confiscation and Subsequent Collection 
A bribe received Qr money or goods to be received as a bribe by an offender or 
by a third party having knowledge of its nature shall be confiscated, or, if 
confiscation is impossible, the value thereof shall be collected. 
Article 135 Aggravation of Punishment for Crimes in the Course of Official 
Duty 
36 IP/N/IIKORll 
Page 837 
A public official who, taking advantage of his official authority, commits a crime 
other than those specified in this Chapter, shall be punished by increasing one 
half of the penalty specified for the crime committed, except in those cases 
where the punishment is specially prescribed because of the status of the public 
official. 
CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE 
PERFORMANCE OF OFFICIAL DUTIES 
Article 136 Obstruction of the Performance of Official Duties 
(1) A person who uses violence or intimidation against a public official being 
engaged in the performance of his duties shall be punished by penal servitude 
for not more than five years. 
(2) The preceding Paragraph shall apply to a person who uses violence or 
intimidation against a public official in order to cause him to perform, or refrain 
from performing an official act or in order to bring about his resignation. 
Article 137 Obstruction of the Performance of Official Duties by Fraudulent 
Means 
A person who interferes with the execution of duties by a public official by 
fraudulent means, shall be punished by penal servitude for not more than five 
years. 
Article 138 Contempt of Court or National Assembly 
A person who insults a court or the National Assembly or creates a disturbance 
in or near a court or the National Assembly for the purpose of disturbing or 
threatening the cc;mduct of a court or the discussion of the Assembly, shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding twenty-five thousand Hwan. 
Article 139 Obstruction of Official Duties for the Vindication of Human 
Rights 
37 IP/N/l/KORll 
Page 838 
A person who, performing police duties or assisting in such duties, 
interferes with the execution of duties of a prosecutor concerning the 
vindication of human rights or who does not follow his instructions concerning 
the vindication of human rights, shall be punished by penal servitude for not 
more than ten years. 
Article 140 Rendering Null and Void the Symbol of Official Secrecy 
(1) A person who damages or conceals a seal or symbol of attachment or 
other execution which a public official has levied in his official duties or reduces 
its utility by any other methods, shall be punished by penal servitude for not 
more than five years or by a fine not exceeding twenty-five thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who opens envelopes or 
other documents or drawings which a public officials has kept in secret 
concerning his official duty. 
Article 141 Invalidity of Public Documents, etc. and Destruction of Public 
Goods 
(1) A person who damages or conceals documents or other goods used by a 
public office or spoils its utility by other methods, shall be punished by penal 
servitude for not more than seven years or by a fine not exceeding thirty-five 
thousand Hwan. 
(2) A person who destroys structures, vessels, trains, or airplanes, used by 
public offices, shall be punished by penal servitude for not less than one year 
nor more than ten years. 
Article 142 Invalidity of Goods kept in Public Custody 
A person who damages or conceals his own goods for which a custody order 
was issued by a public office and which have been placed under the custody of 
another person by order of the public office, or reduces their utility by other 
methods, shall be punished by penal servitude for not more than five years or 
by a fine not exceeding twenty-five thousand Hwan. 
38 Article 143 Attempts IPINIlIKORlI 
Page 839 
Attempts to commit the crimes specified in Articles 140 through the preceding 
Article shall be punished. 
Article 144 Special Obstruction of Public Duty 
(1)A person who, through the threat of collective force or by carrying a 
ngerous weapon, commits the crimes of Articles 136, 138, and 140 to the 
preceding Article, shall be punished by increasing one half of the punishments 
specified in the relevant Articles. 
(2) A person who, by committing the crimes of the preceding Paragraph, causes 
the death or injury of a public official shall be punished by penal servitude for 
life or for not less than three years. 
CHAPTER IX CRIMES OF ESCAPE AND HARBORING 
CRIMINALS 
Article 145 Escape and Violation of Summoning Order 
(1) A person who, having been in lawful arrest or custody, escapes, shall be 
punished by penal servitude for not more than one year. 
(2) The preceding Paragraph shall apply to a person, having been temporarily 
set free from custody due to a calamity, grave incident, or pursuant to the 
application of a law, violates the summoning order without justifiable reason. 
Article 146 Special Escape 
A person who, by destroying an accommodating device or shackle, or using 
violence or intimidation to others, or accompanied by two or more persons, 
commits the crime of Paragraph (1) of the preceding Article, shall be punished 
by penal servitude for not more than seven years. 
39 IP/N/IIKORll 
Page 840 
Article 147 Helping Escape 
A person who forcibly removes another who is in lawful custody or who causes 
such person to escape, shall be punished by penal servitude for not more than 
ten years. 
Article 148 Escape Caused by Prison Guard 
A prison guard or conveyor who causes a person in lawful custody to escape, 
shall be punished by penal servitude for not less than one year nor more than 
ten years. 
Article 149 Attempts 
Attempts to commit the crimes specified in the preceding four Articles shall be 
punished. 
Article 150 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of Articles 147 and 148, shall be punished by penal servitude for not more than 
three years. 
Article 151 Harboring a criminal and Special Exceptions to Relatives 
(1) A person who harbors another who has committed a crime punishable by 
fine or more severe punishment, or who causes such person to escape, shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding fifteen thousand Hwan. 
(2) If a relative, head of the house, or a family living together with the said 
person commits the crime of the preceding Paragraph for the benefit of the 
criminal, he shall not be punishable. 
40 IPINIlIKORl1 
Page 841 
CHAPTER X THE CRIMES OF PERJURY AND DESTRUCTION 
OF EVIDENCE 
Article 152 Perjury; Malicious Perjury 
(1) A witness who, having sworn according to law, gives false testimony, shall 
be punished by penal servitude for not more than five years or by a fine not 
exceeding twenty-five thousand Hwan. 
(2) As regards a criminal or disciplinary case, a witness who, for the purpose of 
causing injury to an accused, or a criminal, or disciplinary suspect, commits the 
crime of the preceding Paragraph shall be punished by penal servitude for not 
more than ten years. 
Article 153 Confession; Self-denunciation 
When a person who, having committed the crime of the preceding Article, 
makes a voluntary confession or denounces himself before the judgment of a 
criminal or disciplinary case in which he has testified becomes final, punishment 
for him shall be mitigated or remitted. 
Article 154 Fraudulent Expert Opinion, Interpretation, and Translation 
An expert witness, interpreter, or translator who, having sworn according to law, 
gives a false expert opinion or a false interpretation or a false translation, shall 
be punished in accordance with the provisions of the preceding two Articles. 
Article 155 Destruction of Evidence, etc. and Special Exception to Relatives 
(1) A person who destructs, conceals, forges, or alters the evidence in a 
criminal or disciplinary case against another or who uses the forged or altered 
evidence, shall be punished by penal servitude for not more than five years or 
by a fine not exceeding twenty-five thousand Hwan. 
(2) A person who harbors a witness or causes him not to testify in a criminal or 
disciplinary case against another, shall be punished by penal servitude for not 
41 IP/N/IIKORll 
Page 842 
more than five years or by a fine not exceeding twenty-five thousand Wan. 
(3) A person who, for the purpose of causing injury to an accused, or a 
criminal or disciplinary suspect, commits the crimes under the preceding two 
Paragraphs, shall be punished by penal servitude for not more than ten years. 
(4) If a crime under this Article is committed by a relative, head of the house, or 
a family living together with the said person for the benefit of the criminal, it shall 
not be punishable. 
CHAPTER XI THE CRIME OF FALSE ACCUSATION 
Article 156 False Accusation 
A person who reports false information to a public office or a public official for 
the purpose of having a criminal or disciplinary punishment imposed upon 
another, shall be punished by penal servitude for not more than ten years. 
Article 157 Confession; Self-denunciation 
Article 153 shall apply mutatis mutandis to the preceding Article. 
CHAPTER XII CRIMES CONCERNING DECEASED PERSONS 
Article 158 Disturbing Funeral Service, etc. 
A person who disturbs funeral rites, rituals, worship, or preaching, shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding fifteen thousand Hwan. 
Article 159 Defiling Corpse, etc. 
A person who d~files a corpse, remains, or the hair of the dead, shall be 
punished by penal servitude for not more than two years or by a fine not 
exceeding ten thousand Hwan. 
Article 160 Excavation of Grave 
A person who excavates a grave shall be punished by penal servitude for not 
42 more than five years. 
Article 161 Exploring Tombs, etc. IPINIlIKORl1 
Page 843 
(1) A person who damages, destroys, abandons, conceals or takes possession 
of a corpse, remains, or hair of the dead, or any article deposited in a coffin, 
shall be punished by penal servitude for not more than seven years. 
(2) A person who commits the crime of the preceding Paragraph by excavating 
a grave shall be punished by penal servitude for not more than ten years. 
Article 162 Attempts 
Attempts to commit the crimes provided in the preceding two Articles shall be 
punished. 
Article 163 Disturbing Inquest of Unnatural Death 
A person who alters the remains of another who died from an unknown cause 
before inquest shall be punished by a fine not exceeding fifteen thousand Hwan 
or by a minor fine. 
CHAPTER XII CRIMES OF ARSON AND FIRE CAUSED BY 
NEGLIGENCE 
Article 164 Setting Fire to Dwelling Structures, etc. 
A person who sets fire to and burns a structure, railroad train, 
electric car, automobile, ship, aircraft or mine serving as a human 
habitation or in which persons are actually present shall be punished 
by penal servitude for life or not less than five years. A person who kills 
or injures another in consequence of the commission of the above crime shall 
be punished by death or penal servitude for life or not less than seven years. 
Article 165 Setting Fire to Public Structures, etc. 
A person who sets fire to and burns a structure, train, electric car, automobile, 
43 IP/N/l/KORll 
Page 844 
ship, aircraft or mine which is used for official business or the public interest, 
shall be punished by penal servitude for life or not less than three years. 
Article 166 Setting Fire to Other Structures, etc. 
(1)A person who sets fire to and burns a structure, train, electric car, automobile, 
vessel, aircraft or mine other than those mentioned in the preceding two Articles, 
shall be punished by penal servitude for not less than two years. 
(2) A person who sets fire to and burns one of the objects mentioned in the 
preceding Paragraph which he owns and thereby causes public danger, shall be 
punished by penal servitude for not more than seven years or by a fine not 
exceeding thirty-five thousand Hwan. 
Article 167 Setting Fire to General Goods 
(1) A person who sets fire to and burns an object other than those objects 
mentioned in the preceding three Articles and thereby causes public danger, 
shall be punished by penal servitude for not less than one year nor more than 
ten years. 
(2) If any object mentioned in the preceding Paragraph is the offender's own 
property, he shall be punished by penal servitude for not more than three years 
or by a fine not exceeding fifteen thousand Hwan. 
Article 168 Spread of a Fire 
(1) If, in consequence of the commission of a crime of Paragraph (2) of Article 
166 or Paragraph (2) of the preceding Article, a fire spreads and burns any of 
the objects mentioned in Article 164, 165, or Paragraph (1) of Article 166, the 
offender shall be punished by penal servitude for not more than five years. (2) If 
a fire spreads and burns any of the objects mentioned in Paragraph (1) of the 
preceding Article in consequence of the commission of a crime under 
Paragraph (2) of the preceding Article, the offender shall be punished by penal 
servitude for not more than five years. 
44 Article 169 Obstruction to Fire Fighting IP/N/1/KORll 
Page 845 
A person who, at the time of a fire, conceals or damages fire fighting apparatus 
or other tools, or obstructs the extinguishing of the fire by other means, shall be 
punished by penal servitude for not more than ten years. 
Article 170 Fire Caused by Negligence 
(1) A person who, through negligence, burns an object mentioned in Article 164 
or 165, or an object mentioned in Article 166 which is the property of another 
person shall be punished by a fine not exceeding fifty thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who, through negligence, 
burns an object mentioned in Article 166 or 167 which is his own property and 
thereby causes public danger. 
Article 171 Fire Caused by occupational Negligence; Fire by Gross 
Negligence 
A person who, through occupational or gross negligence, commits a crime 
mentioned in the preceding Article shall be punished by imprisonment for not 
more than three years or by a fine not exceeding one hundred and fifty 
thousand Hwan. 
Article 172 Destruction by Explosives 
(1) A person who causes an explosion of gunpowder, steam boiler, or other 
potentially explosive object and thereby damages or destroys an object 
mentioned in Articles 164 through 167 shall be punished in accordance with the 
relevant provisions for arson. 
(2) When the conduct of the preceding Paragraph is caused by negligence, it 
shall be punished in accordance with the provisions for fire caused negligence. 
Article 173 Damaging Gas Supply Work, etc. 
45 IPINlllKORll 
Page 846 
(1) A person who damages, destroys, or removes gas, electricity, or steam 
works or obstructs the supply or the use of gas, electricity or steam by other 
means, thereby causing a public danger, shall be punished by penal servitude 
for not less than ten years. 
(2) The preceding Paragraph shall apply to a person who damages, destroys, or 
removes gas, electricity, or steam works for public use or obstructs the supply 
or the use of gas, electricity or steam by other methods. 
(3) A person who causes another to be killed or injured in consequence of the 
commission of the crimes of the preceding two Paragraphs shall be punished by 
penal servitude for not less than five years. 
Article 174 Attempts 
Attempts to commit the crimes under Articles 164, 165, Paragraph (1) of Article 
166, and Article 172 which is to be punished as specified in the respective 
Article of this Chapter and Paragraphs (1) and (2) of the preceding Article shall 
be punished. 
Article 175 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of Articles 164, 165, Paragraph (1) of 166, and 172, shall be punished by penal 
servitude for not more than five years. When, however, he denounces himself 
before the commission of such crimes as intended, the punishment shall be 
mitigated or remitted. 
Article 176 Criminal's Property Which is subject to Another Person's Right 
Property owned by a criminal but subject to attachment or other execution or 
which is subject to another person's right or insurance is regarded as that of 
another person in application of the provisions of this Chapter. 
46 IPlNlllKORJl 
Page 847 
CHAPTER XIV CRIMES CONCERNING INUNDATION AND 
WATER UTILIZATION 
Article 177 Inundation to Dwelling Structures 
A Person who causes an inundation, thereby damaging a structure, train, 
electric car, automobile, vessel, aircraft or mine which is serving as human 
habitation or in which persons are actually present, shall be punished by penal 
servitude for life or not less than three years. A person who kills or injures 
another in consequence of the commission of this crime shall be punished by 
death or penal servitude for life or not less than seven years. 
Article 178 Inundation to Public Structures, etc. 
A person who causes an inundation, thereby damaging a structure, train, 
electric car, automobile, vessel, aircraft or mine which is used for official 
business or public interest shall be punished by penal servitude for life or not 
less than two years. 
Article 179 Inundation to Other Structures 
(1) A person who causes an inundation, thereby damaging a structure, train, 
electric car, automobile, vessel, aircraft or mine other than mentioned in the 
preceding two Articles, or other property which belongs to another person, shall 
be punished by penal servitude for not less than one year nor more than ten 
years. 
(2) A person who causes an inundation and damages an object mentioned in 
the preceding Paragraph which is his own property, thereby causing public 
danger, shall be punished by penal servitude for not more than three years or 
by a fine not exceeding fifteen thousand Hwan. 
(3) The provisions of Article 176 shall apply mutatis mutandis to this 
Article. 
47 IP/N/l/KORlI 
Page 848 
Article 180 Obstruction of Flood Control 
A person who, at the time of flood, damages or conceals flood protection 
apparatus or obstructs flood control by other means, shall be punished by penal 
servitude for not more than ten years. 
Article 181 Inundation Caused by Negligence 
A person who, through negligence, causes an inundation, thereby damaging an 
object mentioned in Article 177 or 178 or who damages an object mentioned in 
Article 179, thereby causing public danger, shall be punished by a fine not 
exceeding fifteen thousand Hwan. 
Article 182 Attempts 
Attempts to commit the crimes referred to in Article 177 through Paragraph (1) 
of Article 179, shall be punished. 
Article 183 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of Article 177 through Paragraph 
(1) of Article 179, shall be punished by penal servitude for not more than 
three years. 
Article 184 Obstruction of Water Utilization 
A person who breaks an embankment or destroys a sluice, or otherwise 
obstructs water utility, shall be punished by penal servitude for not more than 
five years or by a fine not exceeding twenty-five thousand Hwan. 
CHAPTER XV CRIMES OF TRAFFIC OBSTRUCTION 
Article 185 General Obstruction of Traffic 
48 IPINlllKORll 
Page 849 
A person who damages, destroys or blocks a road, water-way, or bridge, or 
obstructs traffic by other means, shall be punished by penal servitude for not 
more than ten years or by a fine not exceeding fifty thousand Hwan. 
Article 186 Obstruction of Train and Vessel Traffic 
A person who, by damaging or destroying a railroad, light-house or its signal 
or by any other means, obstructs traffic of a train, electric car, automobile, 
vessel or aircraft, shall be punished by penal servitude for not less than one 
year. 
Article 187 Derailing a Train, etc. 
A person, who overturns, buries, crashes or destroys a train, electric car, 
automobile, vessel, or aircraft in which persons are actually present, shall be 
punished by penal servitude for life or not less than three years. 
Article 188 Obstruction of Traffic Which causes Death or Injury of Another 
A person who kills or injures another by committing the preceding three Articles 
shall be punished by death or penal servitude for life or not less than three 
years. 
Article 189 Negligence; Occupational Negligence; Gross Negligence 
(1) A person who, by negligence, commits the crimes of Articles 185 through 
187 shall be punished by a fine not exceeding fifty thousand Wan. 
(2) A person who, by occupational or gross negligence, commits the crimes 
specified in Article 185, shall be punished by imprisonment for not more than 
three years or by a fine not exceeding fifty thousand Wan. 
Article 190 Attempts 
Attempts to commit the crimes specified in Articles 185 through 187 shall be 
punished. 
49 IP/N/IIKORll 
Page 850 
Article 191 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of Articles 186 or 187, shall be punished by penal servitude for not more than 
three years. 
CHAPTER XVI CRIMES CONCERNING DRINKING WATER 
Article 192 Obstruction of Use of Drinking Water 
(1) A person who, by polluting clean water which is intended for daily drinking 
purposes, render such water unfit for use, shall be punished by penal servitude 
for not more than one year or by a fine not exceeding ten thousand Wan. 
(2) A person who puts poisonous materials or other substances which may 
injure health into drinking water specified in the preceding Paragraph, shall be 
punished by penal servitude for not more than ten years. 
Article 193 Obstruction of Use of Water Supply System 
(1) A person who, by polluting clean water which is supplied to the public for 
drinking purposes by a water supply system or by polluting a reservoir thereof, 
causes such water to be unfit for use, shall be punished by penal servitude for 
not more than ten years. 
(2) A person who puts poisonous materials or other substances which may 
injure the health into drinking water or in a reservoir specified in the preceding 
Paragraph, shall be punished by penal servitude for not less than two years. 
Article 194 Obstruction of Use of Drinking Water Which Causes Death or Injury 
of Another 
A person who commits the crimes specified in Paragraph (2) of Article 192 and 
Paragraph (2) of Article 193, and thereby kills or injures another person, shall 
be punished by death or penal servitude for life or not less than three years. 
50 Article 195 Interference with Water Supply System IP/N/1IKORl1 
Page 851 
A person who damages a watermain intended for public drinking purposes or 
makes the facility inoperable by other means shall be punished by penal 
servitude for not less than one year nor more than ten years. 
Article 196 Attempts 
Attempts to commit the crimes specified in Paragraph (2) of Article 192, 
Paragraph (2) of Article 193 and the preceding Article shall be punished. 
Article 197 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of Paragraph (2) of Article 192, Paragraph (2) of Article 193 or Article 195, shall 
be punished by penal servitude for not more than two years. 
CHAPTER XVII CRIMES CONCERNING OPIUM 
Article 198 Manufacture, etc. of Opium, etc. 
A person who manufactures, imports, or sells opium, morphine, or its derivative 
or who possesses it for the purpose of sale, shall be punished by penal 
servitude for not more than ten years. 
Article 199 Manufacture, etc. of Opium Smoking Instrument 
A person who manufactures, imports, or sells an instrument for smoking opium 
or who possesses it for the purpose of sale, shall be punished by penal 
servitude for not more than five years. 
Article 200 Opium Importation by Customs Official 
A customs official who imports or permits importation of opium, morphine, or its 
derivative or an instrument for smoking opium, shall be punished by penal 
servitude for not less than one year. 
51 IP/N/1/KORll 
Page 852 
Article 201 Smoking Opium and Provision of Place 
(1) A person who ingests opium or receives a morphine injection, shall be 
punished by penal servitude for not more than five years. 
(2) The preceding Paragraph shall apply to a person who profits by providing a 
place for smoking opium or for injecting morphine. 
Article 202 Attempts 
Attempts to commit the crimes specified in the preceding four Articles shall be 
punished. 
Article 203 Habitual Crime 
A person who habitually commits the crimes of the preceding five Articles shall 
be punished by increasing one half of the penalty specified in the relevant 
Articles. 
Article 204 Suspension of Qualifications and Imposition of Fine 
In the case of the preceding six Articles, the suspension of qualifications for not 
more than ten years, or a fine not exceeding fifty thousand Hwan may be 
concurrently imposed. 
Article 205 Possession of Opium, etc. 
A person who possesses opium, morphine, its derivative or an instrument for 
smoking opium, shall be punished by penal servitude for not more than one 
year or by a fine not exceeding ten thousand Hwan. 
Article 206 (Confiscation, Subsequent Collection) Opium, morphine, its 
derivative, or an instrument for smoking opium, having been used for any 
crime in this Chapter, shall be confiscated. If it is impossible to confiscate 
such an item, the equivalent price thereof shall be collected. 
52 IP/N/IIKORll 
Page 853 
CHAPTER XVIII CRIMES CONCERNING CURRENCY 
Article 207 Crimes of Counterfeiting Currency 
(1) A person who, for the purpose of uttering, counterfeits or alters a current 
coin, paper money, or banknote of the Republic of Korea shall be punished by 
penal servitude for life or not less than two years. 
(2) A person who, for the purpose of uttering, counterfeits or alters a foreign 
coin, paper money or bank-note which is current in this country shall be 
punished by limited penal servitude for not less than one year. 
(3) A person who, for the purpose of uttering, counterfeits or alters a foreign 
coin, paper money or bank-note which is current in a foreign country shall be 
punished by penal servitude for not more than ten years. 
Article 208 Acquisition of Counterfeited Currency 
A person who, for the purpose of uttering, acquires counterfeited or altered 
currency specified in the preceding Article shall be punished by penal servitude 
for not more than five years. 
Article 209 Concurrent Imposition of Suspension of Qualifications or of Fine 
When a person is punished by limited penal servitude for the violations of either 
of the two preceding Articles, suspension of qualifications for not more than ten 
years or a fine not exceeding fifty thousand Hwan may be concurrently imposed. 
Article 210 Circulation of Currency known to be Counterfeited 
A person who, after obtaining the currency specified in Article 207, utters the 
same, knowing it to be counterfeited or altered, shall be punished by penal 
servitude for not more than two years or by a fine not exceeding twenty-five 
thousand Hwan. 
53 IP/N/l/KORll 
Page 854 
Article 211 Manufacture of Articles Similar to Currency 
(1) A person who, for the purpose of sale, manufactures, imports, or exports 
articles similar to a coin, paper money, or bank-note which is current or 
circulated in this country or abroad, shall be punished by penal servitude for not 
more than three years or by a fine not exceeding twenty-five thousand Hwan. 
The preceding Paragraph shall apply to a person who sells a thing specified in 
the preceding Paragraph. 
Article 212 Attempts 
Attempts to commit the crimes specified in Articles 207, 208 and the preceding 
Article shall be punished. 
Article 213 Preparations, Conspiracies 
A person who makes preparation for or conspires with intent to commit the 
crimes under Paragraphs (1) through (3) of Article 207, shall be punished by 
penal servitude for not more than five years. Punishment shall, however, be 
mitigated or remitted if self-denunciation is made before the commission of the 
intended crime. 
CHAPTER XIX CRIMES CONCERNING VALUABLE 
SECURITIES AND POSTAGE ANDREVENUE STAMPS 
Article 214 Counterfeiting Valuable Securities, etc. 
(1) A person who, for the purpose of uttering, counterfeits or alters a public 
bond or other valuable security of the Republic of Korea or of a foreign country, 
shall be punished by penal servitude for not more than ten years. 
(2) The preceding Paragraph shall apply to a person who, for the purpose of 
uttering, counterfeits or alters statements concerning the rights and obligations 
of valuable securities. 
Article 215 Drafting of Valuable Securities by Assuming a False Capacity 
54 IPINIlIKORl1 
Page 855 
A person who, for the purpose of uttering, drafts valuable securities or makes 
an entry in matters concerning the rights and obligations thereof by assuming a 
false capacity, shall be punished by penal servitude for not more than ten 
years. 
Article 216 Drafting Untrue Valuable Securities 
A person who, for the purpose of uttering, drafts untrue valuable securities or 
makes an untrue entry therein shall be punished by penal servitude for not more 
than seven years. 
Article 217 Uttering Forged Valuable Securities 
A person who utters valuable securities which involve a counterfeit, alteration, 
drafting under a false capacity or making an untrue entry, or who, for the 
purpose of uttering, imports or exports the same, shall be punished by penal 
servitude for not more than ten years. 
Article 218 Forging Postage or Revenue Stamp 
(1) A person who, for the purpose of uttering, counterfeits or alters a postage or 
revenue stamp of the Republic of Korea or of a foreign country, shall be 
punished by penal servitude for not more than ten years. 
(2) The preceding Paragraph shall apply to a person who utters a 
counterfeited or altered postage or revenue stamp of the Republic of Korea or 
of a foreign country or who, for the purpose of uttering, imports or exports the 
same. 
Article 21.9 Acquisition of Forged Postage or Revenue Stamp 
A person who, for the purpose of uttering, obtains a counterfeited or altered 
postage or revenue stamp of the Republic of Korea or of a foreign country, shall 
be punished by penal servitude for not more than three years. 
55 IPIN/lIKORll 
Page 856 
Article 220 Concurrent Imposition of Suspension of Qualifications or of a Fine 
In the case of the preceding six Articles, suspension of qualifications for not 
more than ten years or a fine not exceeding twenty-five thousand Hwan may be 
concurrently imposed. 
Article 221 Cancellation of Postmark 
A person who, for the purpose of uttering, invalidates the postmark of a postage 
or revenue stamp of the Republic of Korea or of a foreign country, shall be 
punished by penal servitude for not more than one year or by a fine not 
exceeding ten thousand Hwan. 
Article 222 Making Articles Similar to Stamps, etc. 
(1) A person who, for the purpose of sale, makes, imports, or exports articles 
similar to a public bond, postage or revenue stamp of the Republic of Korea or 
of a foreign country, shall be punished by penal servitude for not more than two 
years or by a fine not exceeding fifteen thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who sells the items 
mentioned in the preceding Paragraph. 
Article 223 Attempts 
Attempts to commit the crimes specified in Articles 214 through 219 and the 
preceding Article shall be punished. 
Article 224 Preparation; Conspiracies 
A person who ma,kes preparations or conspires with intent to commit any of the 
crimes under Articles 214, 215, and Paragraph (1) of Article 218, shall be 
punished by penal servitude for not more than two years. 
CHAPTER XX CRIMES CONCERNING DOCUMENTS 
56 Article 225 Counterfeit or Alteration of Official Document, etc. IP/N/1/KORJl 
Page 857 
A person who, for the purpose of uttering, counterfeits or alters a document or . 
drawing, of a public official or a public office, shall be punished by penal 
servitude for not less than one year nor more than ten years. 
Article 226 Drafting of Official Document by Assuming a False Capacity 
A person who, for the purpose of uttering, makes a document or drawing by 
assuming a false capacity of public official or public office, shall be punished by 
penal servitude for not less than one year nor more than ten years. 
Article 227 Drafting of False Document 
A public official who, for the purpose of uttering, makes a false document or 
drawing or changes a document or drawing in connection with his official duty, 
shall be punished by penal servitude for not more than ten years. 
Article 228 Untrue Entry in an Officially Authenticated Original Deed 
(1) A person who makes a false statement to a public official, thereby causing 
an untrue entry to be made in the original of an authenticated deed, shall be 
punished by penal servitude for not more than five years or by a fine not 
exceeding twenty-five thousand Hwan. 
(2) A person who makes an untrue statement to a public official, thereby 
casuing a false entry to be made in a license, permit or passport, shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding twenty-five thousand Hwan. 
Article 229 Uttering of Forged official Document 
A person who utters a document, drawing, original of an authenticated deed, 
license, permit or passport as mentioned in the preceding four Articles which 
consists of a counterfeit, alteration, drafting, change, or untrue entry, shall be 
punished by the same penalty as specified in the relevant crime of counterfeit, 
alteration, drawing, change or untrue entry. 
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Article 230 Unlawful Uttering of Official Document 
A person, who unlawfully utters a document or drawing of a public official or 
public office, shall be punished by penal servitude or imprisonment for not more 
than two years or by a fine not exceeding twenty-five thousand Hwan. 
Article 231 Counterfeit or Alteration of Private Document 
A person who, for the purpose of uttering, counterfeits or alters another 
person's document of drawing which pertains to right, duty, or a certification of a 
fact by assuming the capacity of another person, shall be punished by penal 
servitude for not more than five years. 
Article 232 Drafting of Private Document by Assuming a False Capacity 
A person who, for the purpose of uttering, a makes a document or drawing 
which pertains to a right, duty, or a certification of a fact by assuming the 
capacity of another person, shall be punished by penal servitude for not more 
than five years. 
Article 233 Drafting of False Medical Certificate, etc. 
A physician, herb doctor, dentist or midwife who makes a false certificate in 
relation to a postmortem examination or concerning life and death, shall be 
punished by penal servitude or imprisonment for not more than three years, or 
suspension of qualifications for not more than seven years, or by a fine not 
exceeding twenty-five thousand Hwan. 
Article 234 Uttering Forged Private Document 
A person who utters a document or drawing as mentioned in the preceding 
three Articles which involves a counterfeit, alteration, or drafting shall be 
punished by the same penalty as specified in the relevant crimes of counterfeit, 
alteration or false drafting. 
Article 235 Attempts 
58 IPINlllKORll 
Page 859 
Attempts to commit the crimes of the preceding ten Articles shall be punished. 
Article 236 Unlawful Uttering of Private Document 
A person who unlawfully utters another person's document or drawing which 
pertains to a right, duty, or a certification of a fact shall be punished by penal 
servitude or imprisonment for not more than one year or by a fine not exceeding 
ten thousand Hwan. 
Article 237 Concurrent Imposition of Suspension of Qualifications 
In regard to the crimes under Articles 225 through 227 or the associated crimes 
of uttering, the penalty of suspension of qualifications for not more than ten 
years may be concurrently imposed. 
CHAPTER XXI CRIMES CONCERNING SEALS 
Article 238 Counterfeit or Misappropriation of official Seal 
(1)A person who, for the purpose of uttering, counterfeits or wrongfully uses the 
seal, signature, written name, or emblem of a public official or public office, shall 
be punished by penal servitude for not more than five years. 
(2) The preceding Paragraph shall apply to a person who utters a counterfeited 
or misappropriated seal, signature, written name or emblem of public official or 
a public office. 
(3) In the case of the preceding two Paragraphs the penalty of suspension of 
qualifications for not more than seven years may be concurrently imposed. 
Article 239 Counterfeit or Misappropriation of Private Seal, etc. 
(1) A person who, for the purpose of uttering, counterfeits or wrongfully uses 
another's seal, signature, written name, or emblem, shall be punished by 
penal servitude for not more than three years. 
59 IPINI1IKORl1 
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(2) The preceding Paragraph shall apply to a person who utters a 
counterfeited or misappropriated seal, signature, written name or emblem of 
another. 
Article 240 Attempts 
Attempts to commit the crimes in this Chapter shall be punished. 
CHAPTER XXII CRIMES PREJUDICIAL TO MORALS 
Article 241 Adultery 
(1) A married person who commits adultery shall be punished by penal 
servitude for not more than two years. The same shall apply to the other 
participant. 
(2) The crime in the preceding Paragraph shall be prosecuted only upon the 
complaint of the victimized spouse. If the victimized spouse condones or 
pardons the adultery, complaint can no longer be made. 
Article 242 Arranging for Prostitution 
A person who, for the purpose of gain, induces a minor female or such a female 
as has not been habitually immoral, to engage in sexual intercourse, shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding fifteen thousand Hwan. 
Article 243 Distribution of Obscene Pictures, etc. 
A person who distributes, sells, leases or openly displays obscene literature, 
pictures, or similar goods, shall be punished by penal servitude for not more 
than one year or I:lya fine not exceeding ten thousand Hwan. 
Article 244 Manufacture of Obscene Pictures, etc. 
A person who, for the purpose of accomplishing the acts of the preceding Article, 
manufactures, possesses. Imports or exports obscene goods, shall be punished 
60 IP/N/l/KORJ1 
Page 861 
by penal servitude for not more than one year or by a fine not exceeding ten 
thousand Wan. 
Article 245 Public Indecency 
A person who publicly commits an obscene act shall be punished by penal 
servitude for not more than one year, a fine not exceeding ten thousand Hwan, 
detention or a minor fine. 
CHAPTER XXIII CRIMES CONCERNING GAMBLING AND 
LOTTERIES 
Article 246 Gambling, Habitual Gambling 
(1) A person who gambles or bets for the purpose of gaining property shall be 
punished by a fine of not more than twenty-five thousand Hwan or a minor fine; 
however, gambling which is just for momentary pleasure is exempted. 
(2) A person who commits the crime of the preceding Paragraph as a habitual 
practice, shall be punished by penal servitude for not more than three years or 
by a fine not exceeding fifty thousand Hwan. 
Article 247 Opening Gambling Place 
A person who, for the purpose of gain, opens a gambling place shall be 
punished by penal servitude for not more than three years or by a fine not 
exceeding fifty thousand Hwan. 
Article 248 Selling Lottery Tickets 
(1) A person who sells lottery tickets unauthorized by law shall be punished by 
penal servitude for not more than three years or by a fine not exceeding fifty 
thousand Hwan. 
(2) A person who acts as a go-between in the sale of lottery tickets as specified 
in the preceding Paragraph shall be punished by penal servitude for not more 
61 IP/N/1/KORll 
Page 862 
than one year or by a fine not exceeding ten thousand Hwan. 
(3) A person who acquires a lottery ticket as specified in the first Paragraph 
shall be punished by a fine of not more than ten thousand Hwan or a minor fine. 
Article 249 Concurrent Imposition of a Fine 
In regard to the crimes of Paragraph (2) of Article 246, Article 247 and 
Paragraph (1) of the preceding Article, a fine not exceeding fifty thousand Wan 
may be concurrently imposed. 
CHAPTER XXIV CRIMES OF HOMICIDE 
Article 250 Murder, Killing an Ascendant 
(1) A person who kills another shall be punished by death, penal servitude for 
life or not less than five years. 
(2) A person who kills his own or his spouse's lineal ascendant shall be 
punished by death or penal servitude for life. 
Article 251 Infanticide 
A lineal ascendant who kills a baby while being delivered or immediately after 
delivery in order to avoid disgrace or for fear of the impossibility of bringing the 
baby up or for some other extenuating motive shall be punished by penal 
servitude for not more than ten years. 
Article 252 Murder upon Request or with Consent 
(1) A person who kills another upon his request or with his consent shall be 
punished by penal servitude for not less than one year nor more than ten years. 
(2) The preceding Paragraph shall apply to a person who instigates or aids 
and abets another to commit suicide. 
Article 253 Murder upon Request through Fraudulent Means, etc. 
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A person who obtains another's request, consent or resolution to commit suicide 
in the case of the preceding Article through fraudulent means or by the threat of 
force shall be punished in accordance with Article 250. 
Article 254 Attempts 
Attempts to commit the crimes in the preceding four Articles shall be punished. 
Article 255 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of Articles 250 and 253, shall be punished by penal servitude for not more than 
ten years. 
Article 256 Concurrent Imposition of Suspension of Qualifications 
When limited penal servitude is to be imposed, for the crimes of Article 250, 252 
or 253, suspension of qualifications for not more than ten years may be 
concurrently imposed. 
CHAPTER XXV CRIMES OF INFLICTING BODILY INJURY AND 
VIOLENCE 
Article 257 Inflicting Bodily Injury on Other or on Lineal Ascendant 
(1) A person who inflicts a bodily injury upon another shall be punished by penal 
servitude for not more than seven years or suspension of qualifications for not 
more than ten years or by a fine not exceeding twenty-five thousand Hwan. 
(2) When the crime of the preceding Paragraph is committed on a lineal 
ascendant of the offender or of his spouse, he shall be punished by penal 
servitude for not less than one year nor more than ten years. 
(3) Attempts to commit the crimes of the preceding two Paragraphs shall be 
punished. 
63 IPINlllKORll 
Page 864 
Article 258 Aggravated Bodily Injury on Other or on Lineal Ascendant 
(1) A person who inflicts bodily injury upon another, thereby endangering his life, 
shall be punished by penal servitude for not less than one year nor more than 
ten years. 
(2) The preceding Paragraph shall apply to a person who, in consequence of 
injuring another, causes him to be crippled or incurably or hopelessly diseased. 
(3) When the crimes of the preceding two Paragraphs are committed on a lineal 
ascendant of the offender or of his spouse, he shall be punished by limited 
penal servitude for not less than two years. 
Article 259 Death Resulting from Bodily Injury 
(1) A person who inflicts bodily injury upon another, thereby causing his death, 
shall be punished by limited penal servitude for not less than three years. 
(2) When the crime of the preceding Paragraph is committed on a lineal 
ascendant of the offender or of his spouse, he shall be punished by penal 
servitude for life or not less than five years. 
Article 260 Crime of Violence 
(1) A person who uses violence against another shall be punished by penal 
servitude for not more than two years, a fine not exceeding twenty-five 
thousand Hwan, detention, or a minor fine. 
(2) When the crime of the preceding Paragraph is committed on a lineal 
ascendant of the offender or of his spouse, he shall be punished by penal 
servitude for not more than five years. 
(3) (3) The crimes of the preceding two Paragraphs shall not be prosecuted 
over the express objection of the victim. 
64 Article 261 Special Violence IP/N/l/KORll 
Page 865 
When the crime of the preceding Article is committed through the threat of 
collective force or by carrying a dangerous weapon, the offender shall be 
punished by penal servitude for not more than five years or by a fine not 
exceeding twenty five thousand Hwan. 
Article 262 Death or Injury Resulting from Violence 
A person who commits the crimes of the preceding two Articles, thereby 
causing death or injury, shall be punished in accordance with Articles 257 
through 259. 
Article 263 Simultaneous Crimes 
When two or more persons use violence against another and thereby injuring 
the latter, such persons, if it is impossible to determine which person caused the 
injury, shall be regarded to be co-principals. 
Article 264 Habitual Crimes A person who habitually commits any of the 
crimes of Article 257, 258, 260 or 261 shall be punished by increasing one half 
of the penalty specified for the relevant crime. 
Article 265 Concurrent Imposition of Suspension of Qualifications 
In the case of Paragraph (2) of Article 257, Article 258, Paragraph (2) of Article 
260, Article 261 and the preceding Article, the suspension of qualifications for 
not more than ten years may be concurrently imposed. 
CHAPTER XXVI CRIMES OF INFLICTING BODILY INJURY AND 
DEATH THROUGH NEGLIGENCE 
Article 266 Bodily Injury through Negligence 
(1) A person who inflicts a bodily injury upon another through negligence shall 
be punished by a fine not exceeding fifteen thousand Hwan or a minor fine. 
65 IP/N/lIKORll 
Page 866 
(2) The crime of the preceding Paragraph shall not be prosecuted over the 
express objection of the victim. 
Article 267 Death through Negligence 
A person who causes the death of another through negligence shall be 
punished by imprisonment for not more than two years or by a fine not 
exceeding twenty-five thousand Hwan. 
Article 268 Occupational Negligence; Gross Negligence 
A person who causes the death or injury of another through occupational or 
gross negligence, shall be punished by imprisonment for not more than five 
years or by a fine not exceeding fifty thousand Hwan. 
CHAPTER XXVII THE CRIMES OF ABORTION 
Article 269 Abortion 
(1) A woman who procures her own miscarriage through the use of drugs or 
other means shall be punished by penal servitude for not more than one year or 
by a fine not exceeding ten thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who procures the 
miscarriage of a female upon her request or with her consent. 
(4)A person who in consequence of the commission of the crime of the 
preceding Paragraph, causes the injury of a woman, shall be punished by penal 
servitude for not more than three years. When he causes her death in 
consequence of the commission of the crime of the preceding Paragraph, he 
shall be punished by penal servitude for not more than seven years. 
Article 270 Abortion by a Doctor, etc.; Abortion without Consent 
(1) A doctor, herb doctor, midwife, pharmacist, or druggist who procures the 
66 IP/N/l/KORlI 
Page 867 
miscarriage of a female upon her request or with her consent, shall be 
punished by penal servitude for not more than two years. 
(2) A person who procures the miscarriage of a female without request or 
consent, shall be punished by penal servitude for not more than three years. 
(3) When, in consequence of his commission of the crime of the preceding 
Paragraph, the female is injured, he shall be punished by penal servitude for 
not more than five years. When she dies, he shall be punished by penal 
servitude for not more than ten years. 
(4) In the case of the preceding two Paragraphs, suspension of qualifications 
for not more than seven years shall be concurrently imposed. 
CHAPTER XXVIII CRIMES OF ABANDONMENT 
Article 271 Abandonment of a Lineal Ascendant 
(1) A person who abandons another person in need of help by reason of old 
age, infancy, illness or or other circumstances, whom he has a legal or 
contractual duty to protect, shall be punished by penal servitude for not more 
than three years. 
(2) When the crime of the preceding Paragraph is committed on lineal 
ascendant of the offender or of his spouse, the offender shall be punished by 
penal servitude for not more than ten years. 
(3)A person who, in consequence of his commission of the crime of Paragraph 
(1), endangers the life of another, shall be punished by penal servitude for not 
more than seven years. 
(4) A person who, in consequence of his commission of the crime of Paragraph 
(2), endangers the life of another, shall be punished by penal servitude for not 
less than two years. 
67 IP/N/IIKORlI 
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Article 272 Abandoning Baby 
A lineal ascendant who abandons a baby in order to avoid disgrace or for fear 
of the impossibility of bringing the baby up or for some other extenuating 
motives, shall be punished by penal servitude for not more than two years or by 
a fine not exceeding fifteen thousand Hwan. 
Article 273 Cruelty to Another and to Lineal Ascendant 
(1) A person who cruelly treats another who is under his protection or 
supervision, shall be punished by penal servitude for not more than two years or 
by a fine not exceeding fifteen thousand Wan. 
(2) When the crime of the preceding Paragraph is committed on a lineal 
ascendant of the offender or of his spouse, he shall be punished by penal 
servitude for not more than five years. 
Article 274 Hard Labor by Child 
A person who delivers a child under sixteen years of age who is under his 
protection or supervision over to a proprietor or his operator who will employ the 
child in such hard work as is dangerous to life or limb, shall be punished by 
penal servitude for not more than five years. The same shall apply to the other 
participant who hires a child for such purpose. 
Article 275 Death or Injury Resulting from Abandonment 
A person who commits the crimes specified in Articles 271 through 273, thereby 
causing the death or injury of another, shall be punished by a more severe 
penalty by comparing the above penalties with those for the crimes concerning 
bodily injury. 
CHAPTER XXIX CRIMES OF FALSE ARREST AND ILLEGAL 
CONFINEMENT 
68 IP/N/IIKORll 
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Article 276 False Arrest, Illegal Confinement, Those on the Lineal Ascendant 
(1) A person who illegally arrests or confines another, shall be punished by 
penal servitude for not more than five years. 
(2) When the crime of the preceding Paragraph is committed on the lineal 
ascendant of the offender or of his spouse, he shall be punished by limited 
penal servitude for not more than ten years. 
Article 277 Aggravated False Arrest, Aggravated Illegal Confinement, Those 
on the Lineal Ascendant 
(1) A person who illegally arrests or confines another, thereby treating him 
cruelly, shall be punished by penal servitude for not more than seven years. 
(2) When the crime of the preceding Paragraph is committed on the lineal 
ascendant of the offender or of his spouse, he shall be punished by limited 
penal servitude for not less than two years. 
Article 278 Special False Arrest or '"egal Confinement 
When the crimes of the preceding two Articles are committed through the threat 
of collective force, or by carrying a dangerous weapon, the offender shall be 
punished by increasing one half of the penalty specified in the relevant crime. 
Article 279 Habitual Crimes 
A person who habitually commits the crimes of Article 276 or 277 shall be 
punished in accordance with the preceding Article. 
Article 280 Attempts 
Attempts to commit the crimes of the preceding four Articles shall be punished. 
Article 281 Death or Injury Resulting from False Arrest or Illegal Confinement 
69 IPINIlIKORl1 
Page 870 
A person who commits the crimes of this Chapter, thereby causing the death or 
injury of another, shall be punished by more severe penalty by comparing the 
above penalties with those for bodily injury. 
Article 282 Concurrent Imposition of Suspension of Qualifications 
For the crimes of this Chapter, suspension of qualifications for not more than 
ten years may be concurrently imposed. 
CHAPTER XXX CRIMES OF INTIMIDATION 
Article 283 Intimidation, Intimidation on a Lineal Ascendant 
(1) A person who intimidates another shall be punished by penal servitude for 
not more than three years, a fine of not more than fifteen thousand Hwan, 
detention or a minor fine. 
(2) When the crime of the preceding Paragraph is committed on a lineal 
ascendant of the offender or of his spouse, the offender shall be punished by 
penal servitude for not more than five years or by a fine not exceeding twenty­
five thousand Hwan. 
(3) The crime of the preceding two Paragraphs shall not be prosecuted over 
the express objection of the victim. 
Article 284 Special Intimidation 
When the crime of Paragraph (1) or (2) of the preceding Article is committed 
through the threat of collective force or by carrying a dangerous weapon, the 
offender shall be punished by penal servitude for not more than seven years or 
by a fine not exceeding fifty thousand Hwan. 
Article 285 Habitual Crime 
When the crime of Paragraph (1) or (2) of Article 283 or the preceding Article is 
habitually committed, the offender shall be punished by increasing one half of 
70 the penalty specified in the relevant crime. 
Article 286 Attempts IP/N/lIKORJl 
Page 871 
Attempts to commit the crimes of the preceding three Articles shall be punished. 
CHAPTER XXXI CRIMES OF KIDNAPPING 
Article 287 Kidnapping of a Minor 
A person who kidnaps a minor by force or inveiglement shall be punished by 
penal servitude for not more than ten years. 
Article 288 Kidnapping and Trading for Gain 
(1) A person who kidnaps another by force or inveiglement for the purpose of 
engaging in an indecent act or sexual intercourse, or for gain, shall be punished 
by limited penal servitude for not less than one year. 
(2) The preceding Paragraph shall apply to a person who buys or sells a female 
for the purpose of prostitution. 
(3)A person who habitually commits the crimes of the preceding two 
Paragraphs, shall be punished by limited penal servitude for not less than two 
years. 
Article 289 Kidnapping and Trading for Transportation to a Foreign Country 
(1) A person who kidnaps another by force or inveiglement or buys or sells 
another for the purpose of transporting him out of the Republic of Korea, shall 
be punished by limited penal servitude for not less than three years. 
(2) The preceding paragraph shall apply to a person who transports a 
kidnapped or purchased person out of the Republic of Korea. 
(3) A person who habitually commits the crimes of the preceding two 
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Paragraphs, shall be punished by limited penal servitude for not less than five 
years. 
Article 290 Preparations, Conspiracies 
A person who makes preparations or conspires with intent to commit the crimes 
of the preceding Article, shall be punished by penal servitude for not more than 
three years. 
Article 291 Kidnapping for Marriage 
A person who kidnaps another by force or inveiglement for the purpose of 
marriage shall be punished by penal servitude for not more than five years. 
Article 292 Receiving or Concealing the Kidnapped or Purchased, etc. 
(1)A person who receives or conceals another who has been kidnapped, sold, 
or transported as specified in Article 288 or 289, shall be punished by penal 
servitude for not more than seven years. 
(2) A person who receives or conceals another who has been kidnapped as 
specified in Article 287 or 291, shall be punished by penal servitude for not 
more than five years. 
Article 293 Habitual Crimes 
(1) A person who habitually commits the crimes of the preceding Article shall be 
punished by penal servitude for not less than two years nor more than ten years. 
(2) The preceding Paragraph shall apply to a person who commits the crimes of 
the preceding Article for the purpose of engaging in an indecent act or sexual 
intercourse, or for gain. 
Article 294 Attempts 
Attempts to commit the crimes of Articles 287 through 289 and Articles 291 
72 through the preceding Article shall be punished. IP/NIl/KORll 
Page 873 
Article 295 Concurrent Imposition of Suspension of Qualifications or a Fine 
In the case of Articles 288, 289, 292, 293 and attempts to commit these 
crimes, suspension of qualifications for not more than ten years or a fine not 
exceeding fifty thousand Wan may be concurrently imposed. 
Article 296 Complaint 
The crimes of kidnapping, receiving or concealing for the purpose of engaging 
in an indecent act or sexual intercourse under the provisions of Paragraph (1) 
of Article 288, Paragraph (1) of Article 292 or Paragraph (2) of Article 293 and 
the crime of Article 291 and attempts to commit these crimes shall be 
prosecuted only upon complaint. 
CHAPTER XXXII CRIMES CONCERNING CHASTITY 
Article 297 Rape 
A person who, through violence or intimidation, has sexual intercourse with a 
female, shall be punished by limited penal servitude for not less than three 
years. 
Article 298 Indecent Act by Compulsion 
A person who, through violence or intimidation, commits an indecent act on 
another shall be punished by penal servitude for not more than ten years or by 
a fine not exceeding twenty-five thousand Hwan. 
Article 299 Quasi-Rape; Quasi-Indecent Act by Compulsion 
A person who has sexual intercourse with a female or commits an indecent act 
on another by taking advantage of the other's condition of unconsciousness or 
inability to resist, shall be punished in accordance with the preceding two 
articles. 
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Article 300 Attempts 
Attempts to commit the crimes of the preceding three Articles shall be punished. 
Article 301 Death or Injury Resulting from Rape 
A person who commits the crimes of Articles 297 through the preceding Article, 
thereby causing the death or injury of another, shall be punished by penal 
servitude for life or not less than five years. 
Article 302 Sexual Intercourse with a Minor, etc. 
A person who, through fraudulent means or by the threat of force, has sexual 
intercourse or commits an indecent act on a minor or feeble-minded person, 
shall be punished by penal servitude for not more than five years. 
Article 303 Sexual Intercourse by Abuse of Occupational Authority, etc. 
(1) A person who, through fraudulent means or by the threat of authority, has 
sexual intercourse with a female who is under his protection or supervision by 
reason of his business, employment or other relationship, shall be punished by 
penal servitude for not more than five years or by a fine not exceeding twenty­
five thousand Hwan. 
(2) A person who has sexual intercourse with a female held in his custody 
according to law, shall be punished by penal servitude for not more than seven 
years. 
Article 304 Sexual Intercourse under Pretence of Marriage 
A person who induces a female not habitually immoral to engage in sexual 
intercourse under pretence of marriage or through other fraudulent means, shall 
be punished by penal servitude for not more than two years or by a fine not 
exceeding twenty-five thousand Hwan. 
74 Article 305 Sexual Intercourse or an Indecent Act with a Minor IP/NIl/KORll 
Page 875 
A person who has sexual intercourse with a female under thirteen years of age 
or commits an indecent act on such a person shall be punished in accordance 
with Article 297, 298 or 301. 
Article 306 Complaint 
The crimes of Articles 297 through 300 and Articles 302 through the preceding 
Article shall be prosecuted only upon complaint. 
CHAPTER XXXIII CRIMES AGAINST REPUTATION 
Article 307 defamation 
(1) A person who defames another by publicly alleging facts shall be punished 
by penal servitude or imprisonment for not more than two years or by a fine not 
exceeding fifteen thousand Hwan. 
(2) A person who defames another by publicly alleging false facts shall be 
punished by penal servitude or imprisonment for not more than five years or 
suspension of qualifications for not more than ten years. 
Article 308 Defamation of Dead Person 
A person who defames a dead person by publicly alleging false facts shall be 
punished by penal servitude or imprisonment for not more than two years or by 
a fine not exceeding twenty-five thousand Hwan. 
Article 309 Defamation trough Printed Materials 
(1) A person who .commits the crime of Paragraph (1) of Article 307, by means 
of newspaper, magazine, radio, or other publication with intent to defame 
another, shall be punished by penal servitude or imprisonment for not more than 
three years or by a fine not exceeding twenty-five thousand Hwan. 
(2) A person who commits the crime of Paragraph (2) of Article 307, by the 
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method described in the preceding Paragraph, shall be punished by penal 
servitude for not more than seven years or suspension of qualifications for not 
more than ten years. 
Article 310 Justification 
If the facts alleged under Paragraph (1) of Article 307 are true and solely for the 
public interest, the act shall not be punishable. 
Article 311 Insult 
A person who publicly insults another shall be punished by penalty servitude or 
imprisonment for not more than one year or by a fine not exceeding fifteen 
thousand Hwan. 
Article 312 Complaint 
(1) The crimes of Article 308 and the preceding article shall be prosecuted only 
upon complaint. 
(2) The crimes of Articles 307 and 309 shall not be prosecuted over the 
express objection of the victim. 
CHAPTER XXXIV CRIMES AGAINST CREDIT, BUSINESS AND 
AUCTION 
Article 313 Injuring Credit 
A person who injures the credit of another by circulating false facts or through 
fraudulent means, shall be punished by penal servitude for not more than five 
years or by a fine not exceeding twenty-five thousand Hwan. 
Article 314 Interference with Business 
A person who interferes with the business of another by the method of the 
preceding Article or by the threat of force, shall be punished by penal servitude 
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for not more than five years or by a fine not exceeding twenty-five thousand 
Wan. 
Article 315 Interference with Auction or Bidding 
A person who interferes with the impartial conduct of an auction or a bid 
through fraudulent means or by the threat of force or by other means, shall be 
punished by penal servitude for not more than two years or by a fine not 
exceeding twenty-five thousand Hwan. 
CHAPTER XXXV CRIMES OF VIOLATION OF SECRECY 
Article 316 Violation of Secrecy 
A person who opens a sealed or other secretly composed letter, document, or 
drawing shall be punished by penal servitude or imprisonment for not more than 
three years or by a fine not exceeding fifteen thousand Hwan. 
Article 317 Occupational Disclosure of Other's Secrets 
(1) A doctor, dentist, herb doctor, pharmacist, druggist, midwife, lawyer, patent 
agent, accountant, notary, scrivener or his assistant or any person formerly 
engaged in such profession who discloses another's secret which has come to 
his knowledge in the course of the practice of his profession, shall be punished 
by penal servitude or imprisonment for not more than three years or suspension 
of qualifications for not more than ten years or a fine not exceeding twenty-five 
thousand Hwan. 
(2) The preceding Paragraph shall apply to a person of a religiOUS profession 
who discloses another's secret which he has learned in the performance of his 
duties. 
Article 318 Complaint 
The crimes of this Chapter shall be prosecuted upon complaint. 
CHAPTER XXXVI CRIMES OF INTRUSION UPON A HUMAN 
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HABITATION 
Article 319 Intrusion upon a Habitation, Refusal to Leave 
(1) A person who intrudes upon a human habitation, guarded dwelling house, 
structure or ship or occupied room, shall be punished by penal servitude for not 
more than three years or by a fine not exceeding fifteen thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who refuses to leave such 
a place upon demand as specified in the preceding Paragraph. 
Article 320 Special Intrusion upon a Human Habitation 
A person who commits the crimes of the preceding Article through the threat of 
collective force, or by carrying a dangerous weapon, shall be punished by penal 
servitude for not more than five years. 
Article 321 Illegal Search of Human Habitation 
A person who illegally searches another's body or his habitation, guarded 
dwelling house, structure, ship or occupied room, shall be punished by penal 
servitude for not more than three years. 
Article 322 Attempts 
Attempts to commit the crimes of this Chapter shall be punished. 
CHAPTER XXXVII CRIMES OF OBSTRUCTING ANOTHER 
FROM EXERCISING HIS RIGHT 
Article 323 Obstructing Another from Exercising his Right 
A person who carries away, conceals, destroys or damages his own property 
which is possessed by another or is subject to anothers' right, thereby 
obstructing the latter from exercising his right, shall be punished by penal 
servitude for not more than five years or by a fine not exceeding fifteen 
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Article 324 Obstructing Another from Exercising his Right through Force 
A person who obstructs another from exercising his right through violence or 
intimidation, shall be punished by penal servitude for not more than five years. 
Article 325 Forcible Taking 
(1) A person who forcibly takes his own property from another's possession 
through violence or intimidation, shall be punished by penal servitude for not 
more than seven years or suspension of qualifications for not more than ten 
years. 
(2) The preceding Paragraph shall apply to a person who takes his own 
property from another's possession and uses violence or intimidation in order to 
resist their recovery, to escape arrest or to obliterate a trace of the crime. 
(3) Attempts to commit the crimes in the preceding two Paragraphs shall be 
punished. 
Article 326 Aggravated Obstruction 
A person who endangers another's life by committing the crimes of the 
preceding two Articles, shall be punished by penal servitude for not more than 
ten years. 
Article 327 Evasion of Execution 
A person who, for the purpose of evading execution, conceals, destroys, 
damages, fraudulently transfers or encumbers his property, thereby causing a 
loss to his creditor, shall be punished by penal servitude for not more than three 
years or by a fine not exceeding fifteen thousand Wan. 
Article 328 Crimes and Complaints among Relatives . 
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(1) When the crime of Article 323 is committed against lineal blood relatives of 
the offender, his spouse, relatives living together, head of a family or other 
family members or their spouses, punishment therefor shall be remitted. 
(2) When the crime of Article 323 is committed against relatives other than 
those in the preceding Paragraph, the prosecution shall be instituted only upon 
complaint. 
(3) The preceding Paragraph shall not apply to an accomplice who is not a 
relative within the meaning of the preceding two Paragraphs. 
CHAPTER XXXVIII CRIMES OF LARCENY AND ROBBERY 
Article 329 Larceny 
A person who steals another's property shall be punished by penal servitude for 
not more than six years or by a fine not exceeding fifty thousand Hwan. 
Article 330 Compound Larceny 
A person who steals another's property by trespassing upon a human habitation, 
guarded dwelling house, structure or ship or occupied room at night, shall be 
punished by penal servitude for not more than ten years. 
Article 331 Special Larceny 
(1) A person who steals another's property by trespassing at night upon the 
places specified in the preceding Article after destroying or damaging the gate, 
the wall or a part of the structure, shall be punished by penal servitude for not 
less than one year nor more than ten years. 
(2) The preceding Paragraph shall apply to a person who steals another's 
property, armed with a deadly weapon or accompanied by one or more 
persons.rticle 332 (Habitual Crimes) A person who habitually commits the 
crimes of the preceding three Articles, shall be punished by increasing one half 
of the penalty specified in the relevant crime. 
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Page 881 
A person who forcibly takes another's property or obtains pecuniary advantage 
from another or causes a third person to do so through violence or intimidation, 
shall be punished by limited penal servitude for not less than three years. 
Article 334 Special Robbery 
(1) A person who commits the crime of the preceding Article by trespassing 
upon a human habitation, guarded dwelling house, structure or ship or occupied 
room at night, shall be punished by penal servitude for life or not less than five 
years. 
(2) The above Paragraph shall apply to a person who commits the crime of the 
preceding Article, armed with a deadly weapon, or accompanied by one or more 
persons. 
Article 335 Quasi-Robbery 
A thief who uses violence or intimidation in order to resist recovery of stolen 
property, to escape arrest or to obliterate a trace of the crime, shall be punished 
in accordance with the preceding two Articles. 
Article 336 Kidnapping for Ransom 
A person who kidnaps another, thereby acquiring property by holding him for 
ransom, shall be punished in accordance with Article 333. 
Article 337 Bodily Injury resulting from Robbery 
A robber who injures another or causes injury to another, shall be punished by 
penal servitude for life or not less than seven years. 
Article 338 Robbery and Murder; Death resulting from Robbery 
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Page 882 
A robber who kills another or causes his death shall be punished by death or 
penal servitude for life. 
Article 339 Robbery and Rape 
A robber who commits rape in the course of a robbery shall be punished by 
penal servitude for life or for not less than ten years. 
Article 340 Piracy 
(1) A person who, through the threat of collective force on the sea, forcibly 
seizes a ship or forcibly takes another's property after intruding upon a ship, 
shall be punished by penal servitude for life or for not less than seven years. 
(2) A person who commits the crime of the preceding Paragraph, thereby 
causing injury to another, shall be punished by penal servitude for life or for not 
less than ten years. 
(3) A person who commits the crime of Paragraph (1), thereby killing another 
or causing his death or committing rape, shall be punished by death or penal 
servitude for life. 
Article 341 Habitual Crimes 
A person who habitually commits the crimes specified in Article 33, 334, 336 or 
Paragraph (1) of the preceding Article shall be punished by penal servitude for 
life or for not less than ten years. 
Article 342 Attempts 
Attempts to commit the crimes specified in Articles 329 through 334, Article 336, 
the first part of Article 337 and of Article 338, Article 339, Article 340 and the 
preceding Article shall be punished. However, the crimes causing death or 
injury specified in Article 340 shall be exempted. 
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Page 883 
A person who makes preparations or conspires with intent to commit robbery 
shall be punished by penal servitude for not more than seven years. 
Article 344 Crimes Among Relatives 
The provisions of Article 328 shall apply mutatis mutandis to the crimes of 
Articles 329 through 332 and attempts thereof. 
Article 345 Concurrent Imposition of Suspension of Qualifications 
When limited penal servitude is to be imposed on a person who commits the 
crimes of this Chapter, the suspension of qualifications may be concurrently 
imposed. 
Article 346 Energy 
In regard to the crimes of this Chapter, energy which is subject to human 
control shall be deemed to be property. 
CHAPTER XXXIX CRIMES OF FRAUD AND EXTORTION 
Article 347 Fraud 
(1) A person who defrauds another, thereby taking property or obtaining 
pecuniary advantage from another, shall be punished by penal servitude for not 
more than ten years or by a fine not exceeding fifty thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who, by the methods of the 
preceding Paragraph, causes a third person to take property or to obtain 
pecuniary advantage from the latter. 
Article 348 Quasi-Fraud 
(1) A person who, by taking advantage of the inexperience of a minor or the 
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mental disorders of another, takes property or obtains pecuniary advantage 
from the latter, shall be punished by penal servitude for not more than ten years 
or by a fine not exceeding fifty thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who, by the methods of the 
preceding Paragraph, causes a third person to take property or to obtain 
pecuniary advantage from the latter. 
Article 349 Unjustifiable Profit 
(1) A person who makes unjustifiable profits by taking advantage of the needy 
condition of another, shall be punished by penal servitude for not more than 
three years or by a fine not exceeding twenty-five thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who, by the methods of the 
preceding Paragraph, causes a third person to make unjustifiable profits. 
Article 350 Extortion 
(1) A person who, by extortion, causes another to surrender his property or 
obtains pecuniary advantage from the latter, shall be punished by penal 
servitude for not more than ten years or by a fine not exceeding fifty thousand 
Hwan. 
(2) The preceding Paragraph shall apply to a person who, by the methods of 
the preceding Paragraph, causes a third person to obtain a surrender of such 
person's property or to obtain pecuniary advantage from the latter. 
Article 351 Habitual Crimes 
A person who habitually commits the crimes of Articles 347 through the 
preceding Article, shall be punished by increasing one half of the penalty 
specified in the relevant crime. 
Article 352 Attempts 
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Page 885 
Attempts to commit the crimes specified in Articles 347, 348, and the preceding 
Article shall be punished. 
Article 353 Concurrent Imposition of Suspension of Qualifications 
In regard to the crimes of this Chapter, suspension of qualifications for not more 
than ten years may be concurrently imposed. 
Article 354 Crimes among Relatives, Energy 
The provisions of Articles 328 and 346 shall apply mutatis mutandis to the 
crimes of this Chapter. 
CHAPTER XXXX CRIMES OF EMBEZZLEMENT AND BREACH 
OF TRUST 
Article 355 Embezzlement and Breach of Trust 
(1) A person who, having the custody of another's property, embezzles it or 
refuses to return it, shall be punished by penal servitude for not more than five 
years or by a fine not exceeding fifty thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who, administering 
another's business, obtains pecuniary advantage or causes a third person to do 
so from another in violation of his duty, thereby causing loss to such person. 
Article 356 Occupational Embezzlement; Occupational Breach of Trust 
A person who commits the crime of the preceding Article in violation of the 
duties of his occupation, shall be punished by penal servitude for not more than 
ten years or by a fine not exceeding fifty thousand Hwan. 
Article 357 Receiving or Giving Bribe by Breach of Trust 
(1) A person who, administering another's business, receives property or 
obtains pecuniary advantage from a third person in response to an illegal 
solicitation concerning his duty, shall be punished by penal servitude for not 
85 IP/N/lIKORll 
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more than five years or by a fine not exceeding fifty thousand Hwan. 
(2) A person who gives the property or pecuniary advantage as specified in 
the preceding Paragraph, shall be punished by penal servitude for not more 
than two years or by a fine not exceeding twenty-five thousand Hwan. 
(4) The property mentioned in Paragraph (1) which has been obtained by the 
offender shall be confiscated. When confiscation is impossible or pecuniary 
advantage has been obtained, the equivalent price thereof shall be collected. 
Article 358 Concurrent Imposition of Suspension of Qualifications 
In regard to the crimes of the preceding three Articles, suspension of 
qualifications may be concurrently imposed. 
Article 359 Attempts 
Attempts to commit the crimes specified in Articles 355 through 357 shall be 
punished. 
Article 360 Embezzlements of Lost Articles 
(1) A person who wrongfully appropriates lost articles, driftage, or any other 
property of which possession has been lost, shall be punished by penal 
servitude for not more than one year or a fine not exceeding ten thousand Hwan 
or a minor fine. 
(2) The preceding Paragraph shall apply to a person who appropriates buried 
articles. 
Article 361 Crimes among Relatives; Energy 
The provisions of Articles 328 and 346 shall apply mutatis mutandis to the 
crimes of this Chapter. 
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CHAPTER XXXXI CRIMES CONCERNING STOLEN PROPERTY 
Article 362 Acquiring Stolen Property, Aiding, etc. 
(1) A person who acquires, transports or takes custody of stolen property, shall 
be punished by penal servitude for not more than seven years or by a fine not 
exceeding fifty thousand Hwan. 
(2) The preceding Paragraph shall apply to a person who aids in the crime of 
the preceding Paragraph. 
Article 363 Habitual Crimes 
(1) A person who habitually commits the crimes specified in the preceding 
Article shall be punished by penal servitude for not less than one year nor more 
than ten years. 
(2) In regard to the preceding Paragraph, suspension of qualifications for not 
more than ten years or a fine not exceeding fifty thousand Hwan may be 
concurrently imposed. 
Article 364 Occupational Negligence; Gross Negligence 
A person who commits the crimes of Article 363 through occupational 
negligence or gross negligence shall be punished by imprisonment for not more 
than one year or by a fine not exceeding fifteen thousand Hwan. 
Article 365 Crimes among Relatives 
(1) The provisions of Article 328 shall apply mutatis mutandis to the case where 
there is such a relationship as specified in Paragraphs (1) and (2) of Article 328 
between the person who commits any of the crimes of the preceding three 
Articles and the victim. 
(2) When there is such a relationship as specified in Paragraph (1) of Article 
328 between the person who commits any of the crimes of the preceding three 
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Articles and the original criminal, the punishment may be mitigated or remitted. 
These provisions, however, shall not apply to an accomplice who lacks such a 
relationship. 
CHAPTER XXXXII CRIMES OF DESTRUCTION AND DAMAGE 
Article 366 Destruction and Damage of Property or Document 
A person who, by destroying, damaging, or concealing another's property or by 
any other means, reduces their utility, shall be punished by penal servitude for 
not more than three years or by a fine not exceeding fifteen thousand Hwan. 
Article 367 (Destruction of a Structure for Public Use) A person who destroys 
a structure being used for the public interest, shall be punished by penal 
servitude for not more than ten years or by a fine not exceeding one hundred 
thousand Hwan. 
Article 368 Aggravated Destruction and Damage 
(1) A person who commits the crimes of the preceding two Articles, thereby 
endangering another's life or limb, shall be punished by penal servitude for not 
less than one year nor more than ten years. 
(2) A person who causes death or bodily injury to another by committing the 
crimes of the preceding two Articles, shall be punished by a more severe 
penalty by comparing the above penalties with those for bodily injury. 
Article 369 Special Destruction and Damage 
(1) A person who commits the crime of Article 366 through the threat of 
collective force or by carrying a dangerous weapon, shall be punished by penal 
servitude for not more than five years or by a fine not exceeding twenty-five 
thousand Hwan. 
(2) A person who commits the crime of Article 367 by the methods of the 
preceding Paragraph shall be punished by limited penal servitude for not less 
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than one year or by a fine not exceeding one hundred and fifty thousand Hwan. 
Article 370 Trespassing Boundary 
A person who, by destroying, damaging" altering, or removing a boundary sign 
or by any other methods, obliterates a boundary line of land, shall be punished 
by penal servitude for not more than three years or by a fine not exceeding 
fifteen thousand Hwan. 
Article 371 Attempts 
Attempts to commit the crimes of Articles 366, 367 and 369 shall be 
punished.Article 372 (Energy) Article 346 shall apply mutatis mutandis to the 
crimes of this Chapter. 
ADDENDA 
Article 1 The Old Criminal Code, Other Ordinances and Relative Gravity of 
Punishment 
The relative gravity between punishments provided by this Code including laws 
and ordinances enforced after this Code comes into effect, and the old Criminal 
Code including laws and ordinances repealed by this Code as well as prior 
existing laws presently in force, shall be determined by Article 50. 
Article 2 Comparison of Different Kinds of Punishment 
(1) The comparison of relative gravity of punishment for crimes committed 
before the enforcement of this Code shall be determined by the maximum 
period of confinement or the maximum fine. 
(2) When the relative gravity cannot be determined by the maximum period of 
confinement or the maximum fine, it shall be determined by the minimum period 
of confinement or a fine. 
(3) If it is impossible to determine the relative gravity of penalty by reference to 
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the preceding two Paragraphs, the penalty which provides other punishment to 
be concurrently imposed shall be deemed to be the gravest and the penalty 
which has other punishment to be made optional shall be deemed to be the 
next gravest. 
(4) Increase or reduction of penalty, if any, shall be made in accordance with old 
Code or this Code before comparison of penalty provided in the preceding three 
Paragraphs is made. 
Article 3 Application of the Most Favorable Law to the Criminal 
In regard to the crimes committed before the enforcement of this Code, the law 
which is more favorable to the offender shall be applied even though it has no 
connection with the relative gravity of the penalty. 
Article 4 Application of Old and New Law to One Crime 
(1) If a crime is committed before and after the enforcement of this Code, it shall 
be deemed to have been committed before the enforcement of this Code. 
(2) If continuing crime or a connected crime begins before and extends after the 
enforcement of this Code, the law which was in effect before the enforcement of 
this Code shall be deemed to be the one violated. 
Article 5 Limited Application of Punishment Concerning Qualification 
In regard to the crime committed before the enforcement of this Code, Article 43 
shall not be applicable even if this Code or other new laws or ordinances are 
applicable. 
Article 6 Application of New Law to Concurrent Crime 
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When several crimes committed before the enforcement of this Code or crimes 
committed after the enforcement of this Code together with prior offenses 
constitute a concurrent crime, the provisions of this Code referring to concurrent 
crime shall apply. 
Article 7 Effect of Punishment 
The punishment provided by the old Criminal Code, other repealed laws or 
ordinances, or existing laws or ordinances shall have the same effect as 
provided by this Code. 
Article 8 Application of General Rules 
(1) The provision of this Code shall apply to the crimes committed before the 
enforcement of this Code, regarding the determination of punishment, execution 
of the punishment, suspension of imposition of sentence, suspension of 
execution of sentence, exemption of punishment, prescription or extinction. The 
same shall apply to the repeated crimes and provisional release. 
(2) The penalty pronounced before the enforcement of this Code, the 
suspension of execution of sentence or the effect of provisional release shall 
follow the relevant provisions of this Code as long as extinction has not 
occurred. 
(3) In the preceding two Paragraphs, the provisions of proviso of Article 49, 
Paragraph (1) of Article 58, Article 63, Proviso of Paragraph (1) of Article 69, 
Article 74 and the provisions concerning prescription of confiscation or 
additional collection shall not be applicable. 
Article 9 Quotation of Article from the Old Criminal Code 
Articles of the old Criminal Code quoted in other existing law shall be regarded 
as changed to the corresponding Articles of this Code. 
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Article 10 Laws to be Repealed 
The following laws, proclamations, or ordinances in force just prior to the 
enforcement of this Code are hereby repealed: 
1. Old Criminal Code; 
2. Act for enforcement of old Criminal Code; 
3. Penal Provision of Control of Explosives; 
4. Act concerning Counterfeit, Alteration, or Imitation of Coin or 8anknotes 
Circulated Abroad; 
5. The provision of Article 48 and provision of Paragraph (1) of Article 55 
relating to "attempts of offenses as mentioned in Article 48" and the 
provision of Paragraph (2) of Article 55 and the provision of Article 55-2 
and Article 55-3 of the Postal Services Act; 
6. Act for Punishment in relation to Revenue Stamps; 
7. Act on Imitation of Currency and Securities; 
8. Matters concerning Duels; 
9. Act relating to Punishment for Act Violence, etc.; 
10. Act concerning prevention of and Dealing with Theft, Robbery, etc.; 
11. USAMGIK Ordinance No. 70 (Sale of Females Prohibited); 
12. USAMGIK Ordinance No. 120 (Increase of Fine and the Right of 
Jurisdiction, etc. of Special Judicial Officer); 
13. USAMGIK Ordinance No. 172 (Ordinance for Parole of Prisoners); and 
14. USAMGIK Ordinance No. 208 (Crimes for Disobedience, Piracy and 
others). 
Article 11 Enforcement Date 
This Code shall become effective on or after October 3,4286 Dangi (1953 A.D.). 
ADDENDUM <Mar. 25, 1975> 
This Code shall enter into force as of the date of its promulgation. 
92 ADDENDUM <Dec. 31,1988> 
This Code shall enter into force as of the date of its promulgation. 
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