Article 1(Purpose) #
The purpose of this Act is to promote the convenience of citizens and increase the efficiency of administrative affairs by prescribing matters necessary for the issuance, etc. of certificates of personal signature and electronic certificates of personal signature that may be used in lieu of certificates of seal imprint under the Certification of Seal Imprint Act.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jun. 9, 2020>
1. The term "signature" means that a person enters his or her name in his or her own handwriting to make it identifiable by a third party;
2. The term "digital signature" means a digital signature defined in subparagraph 2 of Article 2 of the Digital Signature Act (referring to a digital signature that can verify the real name of a signer);
3. The term "certificate of personal signature" means a paper document stating that an issuing agency as defined in Article 5 has verified the fact that a person himself or herself affixed his or her signature;
4. The term "electronic certificate of personal signature" means a standardized piece of information stored in the issuing system under Article 7 (1), which is verified through the digital signature of a person after the person himself or herself enters the purpose of use, etc., using the issuing system.
Article 3(Scope of application) #
Certificates of personal signature and electronic certificates of personal signature that are issued pursuant to this Act shall apply only to certificates of seal imprint under Article 12 of the Certification of Seal Imprint Act (hereinafter referred to as "certificates of seal imprint. <Amended on Dec. 2, 2016>
Article 4(Taking charge of affairs) #
The head of a Si (excluding the Special Metropolitan City Mayor and a Metropolitan City Mayor, but including a Special Self-Governing City Mayor and a Special Self-Governing Province Governor; hereinafter the same shall apply), Gun, or autonomous Gu shall take charge of affairs concerning the issuance, management, etc. of certificates of personal signature and electronic certificates of personal signature under this Act.
Article 5(Application for issuance of certificates of personal signature) #
(1) A person who wishes to obtain a certificate of personal signature (hereinafter referred to as "applicant") and who falls under any of the following subparagraphs shall visit the head of a Si/Gun/Gu (including the head of a Gu which is not an autonomous Gu), the head of an Eup/Myeon/Dong, or the head of a branch office thereof (hereinafter referred to as "issuing agency") in person and apply for the issuance of such certificate in accordance with the procedure and method prescribed by Presidential Decree: <Amended on Dec. 2, 2016>
1. A Korean national who is domiciled within the Republic of Korea;
2. A Korean national who is not domiciled within the Republic of Korea;
3. A person who has completed alien registration under the Immigration Act;
4. A foreign national Korean who has reported his or her place of residence in the Republic of Korea pursuant to the Act on the Immigration and Legal Status of Overseas Koreans.
(2) Deleted. <Dec. 2, 2016>
(3) Where an applicant who is a minor intends to apply for the issuance of a certificate of personal signature pursuant to paragraph (1), he or she shall visit an issuing agency in person together with his or her legal guardian, and shall file such application after obtaining consent from his or her legal guardian. <Amended on Jan. 27, 2016; Dec. 2, 2016>
(4) Where an applicant who is under limited guardianship intends to apply for the issuance of a certificate of personal signature in respect to an act that does not require the consent of his or her limited guardian pursuant to Article 13 (1) of the Civil Act, only the applicant himself or herself may file such application after visiting an issuing agency in person; provided,, where an applicant who is under limited guardianship intends to apply for the issuance of a certificate of personal signature in respect to an act that requires the consent of his or her limited guardian, he or she shall visit an issuing agency in person together with his or her limited guardian, and shall file such application after obtaining consent from the limited guardian. <Added on Jan. 27, 2016>
Article 6(Issuance of certificates of personal signature) #
(1) Upon receipt of an application for issuance of a certificate of personal signature pursuant to Article 5, the issuing agency shall verify the identity of the applicant (including the legal guardian in cases of Article 5 (3) and the limited guardian in cases of paragraph (4) of the same Article; hereafter the same shall apply in paragraph (2)), using the applicant’s resident registration certificate (including mobile resident registration certificates) or any other identification certificate prescribed by Presidential Decree (hereinafter referred to as "identification certificate"). <Amended on Jan. 27, 2016; Dec. 26, 2023>
(2) Notwithstanding paragraph (1), an issuing agency may additionally verify the identity of an applicant by an electronic means prescribed by Presidential Decree, using the applicant's thumbprint, etc., if it is hard to verify the applicant's identity because the photograph on his or her identification certificate does not match his or her face, or if necessary to increase the accuracy of identification of the applicant.
(3) An applicant whose identity has been verified pursuant to paragraphs (1) and (2) shall affix his or her signature necessary for the verification of personal signature, in accordance with a method requested by the issuing agency. In such cases, the applicant shall affix his or her signature in a manner where his or her name is identifiable by a third party.
(4) Where an issuing agency determines that it is hard for a third party to identify the name of an applicant who has affixed his or her signature pursuant to paragraph (3), it may request the applicant to re-affix his or her signature.
(5) Upon receipt of an application for issuance of a certificate of personal signature pursuant to Article 5, an issuing agency shall issue such certificate, except in any of the following cases: <Amended on Jan. 27, 2016>
1. Where a person under adult guardianship has filed an application;
2. Where a minor has filed an application without the consent of his or her legal guardian;
3. Where a person under limited guardianship has filed an application without the consent of his or her limited guardian, in respect of an act that requires the consent of his or her limited guardian;
4. Where the identity of an applicant or his or her legal guardian or limited guardian under paragraph (1) or (2) has not been verified;
5. Where the request of an issuing agency under paragraph (4) has not been met;
Article 7(Issuance and use of electronic certificates of personal signature) #
(1) Where a civil petitioner (including a person who has completed alien registration under the Immigration Act and a person who has reported his or her place of residence in the Republic of Korea under the Act on the Immigration and Legal Status of Overseas Koreans; hereinafter the same shall apply) is required to submit a certificate of seal imprint to any of the following agencies, corporations, or organizations (hereinafter referred to as "administrative agency, etc."), the Minister of the Interior and Safety may devise, operate, and manage a system for issuing electronic certificates of personal signature (hereinafter referred to as "issuing system") on behalf of the head of a Si/Gun/autonomous Gu, so that the civil petitioner can replace the submission of a certificate of seal imprint by submitting a certificate of issuance under paragraph (5) to an administrative agency, etc.: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. A state agency;
2. A local government;
3. Any other agency, corporation or organization prescribed by Presidential Decree.
(2) An electronic certificate of personal signature shall be issued by the relevant person himself or herself, using the issuing system.
(3) A civil petitioner who wishes to obtain an electronic certificate of personal signature from the issuing system pursuant to paragraph (2) shall fill out the standardized form on the issuing system and affix his or her digital signature thereto after verifying his or her identity in the manner prescribed by Presidential Decree, using a certificate defined in subparagraph 6 of Article 2 of the Digital Signature Act (referring to the one to verify the real name of the signer). <Amended on Jun. 9, 2020>
(4) Where a civil petitioner who is a minor wishes to obtain an electronic certificate of personal signature, he or she shall obtain consent from his or her legal guardian on the issuing system. In such cases, paragraph (3) shall apply mutatis mutandis to the identity verification procedure for the legal guardian, etc. <Amended on Jan. 27, 2016>
(5) Where a civil petitioner who is under limited guardianship wishes to obtain an electronic certificate of personal signature, he or she shall comply with paragraphs (2) and (3). <Added on Jan. 27, 2016>
(6) Notwithstanding paragraph (5), where a civil petitioner who is under limited guardianship wishes to obtain an electronic certificate of personal signature in respect to an act that requires the consent of his or her limited guardian, he or she shall file an application therefor in accordance with paragraphs (2) and (3), after obtaining consent from his or her limited guardian on the issuing system. In such cases, paragraph (3) shall apply mutatis mutandis to the identity verification procedure for the limited guardian, etc. <Added on Jan. 27, 2016>
Article 8(Approval for use of issuing system) #
(1) A civil petitioner who intends to use the issuing system shall obtain approval from the head of the relevant Si/Gun/autonomous Gu (hereinafter referred to as "approval authority") in advance.
(2) A civil petitioner who intends to obtain approval pursuant to paragraph (1) shall visit the approval authority in person and apply to use the issuing system.
(3) Where a civil petitioner who is a minor intends to apply to use the issuing system pursuant to paragraph (2), he or she shall visit the approval authority in person together with his or her legal guardian, and shall obtain consent from the legal guardian <Amended on Jan. 27, 2016>
(4) Where a civil petitioner who is under limited guardianship intends to apply to use the issuing system pursuant to paragraph (2), he or she shall visit the approval authority in person together with his or her limited guardian, and shall obtain approval from the limited guardian. <Added on Jan. 27, 2016>
(5) Article 6 (1) and (2) shall apply mutatis mutandis to the verification of the identities of a civil petitioner and his or her legal guardian or limited guardian for approval for the use of the issuing system, and the method and procedure thereof. In this regard, an "applicant" shall be deemed a "civil petitioner," and an "issuing agency" shall be deemed an "approval authority." <Amended on Jan. 27, 2016>
(6) Upon receipt of an application for use of the issuing system pursuant to paragraphs (2) through (4), the approval authority shall approve such application, except in any of the following cases: <Amended on Jan. 27, 2016>
1. Where a person under adult guardianship has filed an application;
2. Where a minor has filed an application without the consent of his or her legal guardian;
3. Where a person under limited guardianship has filed an application without the consent of his or her limited guardian;
4. Where the identity of a civil petitioner or his or her legal guardian or limited guardian under paragraph (5) has not been verified;
5. Other cases determined by Presidential Decree as equivalent to those stipulated in subparagraphs 1 through 4.
(7) Except as otherwise provided in paragraphs (1) through (6), matters necessary for approval, etc. for use of the issuing system shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016>
Article 9(Request for data for personal identification, and cooperation therefor) #
(1) If an issuing agency or an approval authority needs to verify the authenticity of an identification certificate, etc. for the purpose of verifying identification under Article 6 or 8, it may request an agency that has issued such certificate, etc., and other relevant agencies to submit related data.
(2) An agency requested to provide data pursuant to paragraph (1) shall comply with such request, unless it has a compelling reason not to do so.
Article 10(Verification of issuance of certificates of personal signature) #
When a person, to whom a certificate of personal signature has been submitted, requests the verification of issuance of the relevant certificate, the issuing agency may verify such fact in accordance with the procedure and method prescribed by Presidential Decree.
Article 11(Recording, management of issuance of certificates of personal signature) #
(1) Upon issuance of a certificate of personal signature, an issuing agency shall record and manage such fact in accordance with the procedure and method prescribed by Presidential Decree.
(2) When an electronic certificate of personal signature has been issued from the issuing system, the Minister of the Interior and Safety shall record and manage such fact in accordance with the procedure and method prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Where necessary for preparing for a disaster, calamity, etc., the Minister of the Interior and Safety may request State agencies and local governments to submit data relating to certificates of personal signature and electronic certificates of personal signature. In such cases, the agencies, etc. so requested shall comply with such request, unless they have a compelling reason not to do so. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 12(Prohibition of perusal) #
An issuing agency, an approval authority, and the Minister of the Interior and Safety shall not allow the perusal of data concerning the issuance of certificates of personal signature and electronic certificates of personal signature, except in any of the following cases: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Where the relevant person himself or herself files an application for perusal;
2. Where the perusal is required by an applicable statute, court decision, or a warrant issued by a judge;
3. Where the perusal is performed on any ground prescribed by Presidential Decree, for the purpose of investigation, litigation, or performance of official duties.
Article 13(Relationship with certificates of seal imprint) #
(1) Where the submission of a certificate of seal imprint is required in various procedures and business relations, etc. prescribed by applicable statutes (including ordinances and rules of local governments; hereinafter the same shall apply), etc., the certificate of seal imprint shall be deemed submitted when a certificate of personal signature or a certificate of issuance of an electronic certificate of personal signature has been submitted.
(2) Where a seal imprint is required to be affixed to related documents in various procedures and business relations, etc. prescribed by applicable statutes, etc. along with the submission of a certificate of seal imprint, it shall be deemed in either of the following cases that the certificate of seal imprint has been submitted and the seal imprint has been affixed to the related documents:
1. Where a certificate of personal signature has been submitted and the relevant signature has been affixed to the related documents;
2. Where a certificate of issuance of an electronic certificate of personal signature has been submitted and the relevant signature has been affixed to the related documents.
Article 14(Fees) #
A person who wishes to obtain a certificate of personal signature or obtain an electronic certificate of personal signature using the issuing system shall pay fees, as prescribed by Presidential Decree.
Article 15(Guidance and supervision) #
The Minister of the Interior and Safety shall provide guidance and supervision over affairs concerning the issuance, etc. of certificates of personal signature and electronic certificates of personal signature. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 16(Delegation and entrustment of authority) #
(1) The Minister of the Interior and Safety may partially delegate the authority vested in him or her under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The head of a Si/Gun/autonomous Gu may partially delegate the authority vested in him or her under this Act to the head of an Eup/Myeon/Dong or the head of a branch office thereof, as prescribed by Presidential Decree.
(3) The Minister of the Interior and Safety may partially entrust his or her duties under this Act, such as the maintenance, repair, etc. of the issuing system, to a relevant corporation or organization, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>