CIVIL ACT (PART I GENERAL PROVISIONS) [See entire ACT]

CHAPTER II PERSONS

SECTION 1 Capacity

Article 3 (Duration of Legal Capacity)

All persons shall be subjects of rights and duties throughout their lives.

Article 4 (Majority)

Majority is attained by a person upon the completion of 19 years of age.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 5 (Capacity of Minor)

(1) A minor shall obtain the consent of his agent by law to perform any juristic act:Provided, That exceptions shall be made in cases where the juristic act concerned is one merely to acquire rights or to be relieved from obligations.
(2) Any act done in violation of the provision of the preceding paragraph is voidable.

Article 6 (Property Permitted to Dispose of)

A minor, in regard to property of which he has been permitted by his agent by law to dispose of within the scope specified by the latter, may dispose of it at his will.

Article 7 (Cancellation of Consent and Permission)

Before a minor performs any juristic act, his agent by law may cancel the consent and permission given under the preceding two Articles.

Article 8 (Permission on Business)

(1) A minor who has been permitted to carry on a specific business by his agent by law shall have in relation to such specific business the same capacity as a person of full age.
(2) An agent by law may cancel or qualify the permission under the preceding paragraph:Provided, That the cancellation or qualification cannot be set up against a third person acting in good faith.

Article 9 (Adjudication on Commencement of Adult Guardianship)

(1) The Family Court shall adjudicate on the commencement of adult guardianship for a person who continuously lacks the capacity to manage affairs due to mental restraints due to a disease, disability, old age or by any other cause upon the application of the principal, his/her spouse, any relative within the fourth degree of relationship, guardian of the minor, supervisor of guardianship for the minor, limited guardian, supervisor of limited guardianship, specific guardian, supervisor of specific guardianship, public prosecutor, or the chief of a local government.
(2) The Family Court shall take the will of the principal into account in adjudicating on the commencement of adult guardianship.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 10 (Acts of Adult Wards and Cancellation thereof)

(1) Any juristic act done by an adult ward is voidable.
(2) Notwithstanding paragraph (1), the Family Court may determine the scope of the irrevocable juristic acts of adult wards.
(3) The Family Court may change the scope decided under paragraph (2) upon the application of the principal, his/her spouse, his/her first cousin or closer relative, adult guardian, supervisor of adult guardianship, public prosecutor, or the head of a local government.
(4) Notwithstanding paragraph (1), any juristic act necessary for everyday life and the price for which is not excessive, such as the purchase of daily necessities, shall not be cancelled by an adult guardian.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 11 (Adjudication on Termination of Adult Guardianship)

Where the cause for commencement of adult guardianship has ceased, the Family Court shall adjudicate on the termination of adult guardianship upon the application of the principal, his/her spouse, any relative within the fourth degree of relationship, adult guardian, supervisor of guardianship for the adult, public prosecutor, or the head of a local government.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 12 (Adjudication on Commencement of Limited Guardianship)

(1) The Family Court shall adjudicate on the commencement of limited guardianship for a person who continuously lacks the capacity to manage affairs due to mental restraints caused by a disease, disability, old age or by any other cause upon the application of the person himself/herself, his/her spouse, his/her first cousin or closer relative, guardian of the minor, supervisor of guardianship for the minor, guardian of the adult, supervisor of guardianship for the adult, specific guardian, supervisor of specific guardianship, public prosecutor, or the head of a local government.
(2) Article 9 (2) shall apply mutatis mutandis to the commencement of limited guardianship.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 13 (Acts of Limited Wards and Consent)

(1) The Family Court may determine the scope of acts for which a limited ward shall obtain consent from his/her limited guardian.
(2) The Family Court may change the scope of acts for which a limited ward must obtain consent from his/her limited guardian under paragraph (1) upon the application of the principal, his/her spouse, his/her first cousin or closer relative, limited guardian, supervisor of limited guardianship, public prosecutor, or the head of a local government.
(3) When a limited guardian fails to give consent to any act that requires his/her consent despite the possibility of infringing upon the interest of the limited ward, the Family court may, upon the application of the limited ward, grant permission that substitutes for the consent of the limited guardian.
(4) When a limited ward has done a juristic act that requires the consent of the limited guardian without the consent of the limited guardian, the limited guardian may cancel such juristic act:Provided, That the same shall not apply to any juristic act necessary for everyday life and the price for which is not excessive, such as the purchase of daily necessities.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 14 (Adjudication on Termination of Limited Guardianship)

Where the cause for commencement of limited guardianship has ceased, the Family Court shall adjudicate on the termination of limited guardianship upon the application of the principal, his/her spouse, his/her first cousin or closer relative, limited guardian, supervisor of limited guardianship, public prosecutor, or the head of a local government.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 14-2 (Adjudication on Specific Guardian)

(1) The Family Court shall adjudicate on the commencement of specific guardianship for a person who requires temporary guardianship or guardianship for any specific affairs due to mental restraints caused by a disease, disability, old age or by any other cause upon the application of the principal, his/her spouse, his/her first cousin or closer relative, guardian of the minor, supervisor of guardianship for the minor, public prosecutor, or the head of a local government.
(2) No specific guardianship shall be exercised against the will of the principal.
(3) In adjudicating on specific guardianship, the period or the scope of affairs for the specific guardianship shall be decided.
<This Article Newly Inserted by Act No. 10429, Mar. 7, 2011>
Article 14-2

Article 14-3 (Relationship between Adjudications)

(1) When the Family Court adjudicates on the commencement of adult guardianship for a limited ward or specific ward, it shall adjudicate on the termination of the former limited guardianship or specific guardianship.
(2) When the Family Court adjudicates on the commencement of specific guardianship for an adult ward or specific ward, it shall adjudicate on the termination of the former adult guardianship or specific guardianship.
<This Article Newly Inserted by Act No. 10429, Mar. 7, 2011>
Article 14-3

Article 15 (Right of Person with Limited Capacity to Demand Definite Answer from other Party)

(1) The other party to an act done by a person with limited capacity may, after the person with limited capacity has become a person of full capacity, demand that the latter give a definite answer within a period, which shall be at least one month, as to whether the latter ratifies the voidable act or not. If the person who has become a person of full capacity, fails to dispatch a definite answer within such period, the act shall be deemed ratified.
(2) Before the person with limited capacity has become a person of full capacity, the demand under paragraph (1) may be made to his/her legal representative, and when his/her legal representative fails to dispatch a definite answer within the fixed period, the act shall be deemed ratified.
(3) Any act for which special formalities are required shall be deemed canceled unless a definite answer in compliance with such formalities is dispatched within the fixed period.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 16 (Withdrawal and Refusal Rights of other Party to Person with Limited Capacity)

(1) The other party to a contract concluded by a person with limited capacity may withdraw his/her declaration of intention toward the contract until it has been ratified:Provided, That the same shall not apply where the other party has learned that the latter was a person with limited capacity at the time of concluding the contract.
(2) The other party to a unilateral act done by a person with limited capacity may refuse to comply with the act until it has been ratified.
(3) The declaration of intention of the withdrawal under paragraph (1) or refusal under paragraph (2) may be forwarded to the person with limited capacity.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

Article 17 (Fraudulent Means by Person with Limited Capacity)

(1) If a person with limited capacity has used a fraudulent means to induce the belief that he/she is a person of full capacity, he/she cannot void his/her act.
(2) Paragraph (1) shall also apply where a minor or limited ward has used fraudulent means to induce the belief that he/she has obtained the consent of his/her legal representative.
<This Article Wholly Amended by Act No. 10429, Mar. 7, 2011>

SECTION 2 Domicile

Article 18 (Domicile)

(1) The base and center of living of each person shall be his domicile.
(2) A person may have two or more domiciles at the same time.

Article 19 (Temporary Domicile)

If the domicile is unknown, the temporary domicile shall be deemed to be the domicile.

Article 20 (Temporary Domicile)

The temporary domicile in Korea of a person having no domicile in Korea shall be deemed to be his domicile.

Article 21 (Temporary Residence)

In case a temporary residence is determined concerning a certain act, this shall be deemed to be the domicile with regard to the act.

SECTION 3 Absence and Disappearance

Article 22 (Management of Property of Absentee)

(1) If a person has left his domicile or temporary domicile without appointing an administrator for his property, a court shall, on the application of any person interested or a public prosecutor, order such steps necessary for the management of his 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 cancel its order on the application of the principal, administrator, any person interested, or of a public prosecutor.

Article 23 (Replacement of Administrator)

In a case where the absentee has appointed an administrator, and it is unknown whether the absentee is alive or dead, a 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 a 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.

Article 25 (Authority of Administrator)

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 in a case where an administrator appointed by the absentee finds it necessary to perform functions in excess of the powers fixed by the absentee, and 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 above two paragraphs shall apply mutatis mutandis to an administrator appointed by an absentee in a case where it is unknown whether the absentee is alive or dead.

Article 27 (Judicial Declaration of Disappearance)

(1) If it is uncertain 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 disappearance.
(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 might be a cause of death, is not known distinctly for one year after the termination of the war, the sinking of the vessel or the crash of the aircraft, or the end of any other peril.

Article 28 (Effect of Judicial Declaration of Disappearance)

A person against whom a judicial declaration of disappearance has been made is deemed to have died at the expiration of the period mentioned in the preceding Article.

Article 29 (Annulment of Judicial Declaration of Disappearance)

(1) If it has been proved that a person against whom a judicial declaration of disappearance 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:Provided, That such annulment shall not affect the validity of acts done in good faith, after the judicial declaration of disappearance and prior to its annulment.
(2) When a judicial declaration of disappearance has been annulled, a person who has acquired property by the direct result of the judicial declaration of disappearance shall be liable to return such property only to the extent that he is still enriched, in a case where he acquired the property in good faith. In a case where 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 persons died of the same peril, it is presumed that they died at the same time.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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