Suggested citations
AGLC4 | 공증법 2004 [Notarization Law of the Democratic People's Republic of Korea (2004)] [tr Daye Gang].
Bluebook | Gongjeungbeob 2004 [Notarization Law of the Democratic People's Republic of Korea (2004)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on February 2 (1995), as Decision No. 51 of the Standing Committee of the Supreme People’s Assembly
Adopted on December 7 (2004), as Directive No. 808 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF NOTARIZATION LAW
Article 1 (Objectives of Notarization Law)
The Notarization Law of the Democratic People’s Republic of Korea shall serve to correctly confirm facts and documents that have legal significance to protect the rights and interests of institutions, enterprises, organizations and citizens in their civil affairs and assure the safety of civil trade.
Article 2 (Principle of promoting the convenience of the notarization applicant)
Notarization shall be done upon the application of institutions, enterprises, organizations and citizens. The State shall actively promote the convenience of institutions, enterprises, organizations and citizens applying for notarization.
Article 3 (Principle of guaranteeing accuracy and lawfulness in notarization)
The State shall assure the accuracy and lawfulness of notarization based on scientific and objective evidence.
Article 4 (Principle of applicant exercising rights and fulfilling duties)
The State shall ensure that parties that have applied for notarization exercise their given civil rights justifiably from an equal status, and perform their duties responsibly.
Article 5 (Public notary office)
Notarization shall be done in State public notary offices. Notarization applied for by a citizen of the Republic residing in other countries shall do it at the consular representative organ of the Democratic People’s Republic of Korea stationed in that country.
Article 6 (Installation area of public notary office)
State public notary offices may be set up in locations in provinces (or municipalities directly under central authority). They may also be set up as necessary in locations in cities (or districts) or counties.
Article 7 (Guidance for notarial work)
Standardized guidance for notarial work shall be done by the Supreme Court. Courts of provinces (or municipalities directly under central authority) shall guide notarial work in their jurisdictional area.
Article 8 (Subject of application of Notarization Law)
This law shall apply to institutions, enterprises, organizations and citizens of our country. It shall also apply to foreign country investment enterprises and foreigners in the domain of the Republic.
CHAPTER II. SUBJECTS OF NOTARIZATION
Article 9 (Subjects of certification)
The State public notary office shall certify the following facts and documents.
1. Certification related to identity and family and relative relationships
2. Certification related to technical and professional qualifications, degrees or academic positions, honorary titles, intellectual rights
3. Certification related to missing persons and deceased
4. Certification related to property ownership
5. Certification related to inheritance
6. Certification related to contracts
7. Certification related to corporations, commissions, legal representation
8. Certification related to credit and debt, damage compensation
9. Certification related to logo
10. Certification related to accidents and inspections
11. Certification related to institution names, bank accounts, marking with names by hand, seals
12. Certification related to the bylaws of an enterprise
13. Certification related to the original, copy, or translated copy of a document
14. Certification related to evidence preservation, deposit of property
15. Other certification on facts and documents that have legal significance
Article 10 (Property and corporation registration)
The State public notary office shall register important individual property, the property of foreign country investment enterprises, and corporations. In cases where registered property or corporations have changed, amended registration will be done within 20 days.
Article 11 (Deposits)
The State public notary office shall receive deposits of property to be used to pay off debt, the subject goods of a civil dispute, security for damage compensation, and ownerless goods.
Article 12 (Evidence preservation in civil cases)
The State public notary office shall preserve evidence on civil cases that can lapse before a lawsuit is raised or that cannot be collected again.
CHAPTER III. NOTARIZATION JURISDICTION
Article 13 (Jurisdiction of public notary offices by area)
A State public notary office in a city (district), or county location shall do notarizations for applications with the purpose of using them in the domain of the Republic. State public notary offices in a province (or municipality directly under central authority) location shall do notarizations for applications with the purpose of using them in the domain of the Republic and in other countries.
Article 14 (Notarization jurisdictions according to domicile and location)
Notarization shall be done at the State public notary office with jurisdiction over the domicile or location of the applicant party. In cases where several parties have applied in respect of one subject of notarization, a State public notary office with jurisdiction over the domicile or location of one of the parties may do the notarization.
Article 15 (Notarization jurisdiction of buildings, property, evidence)
Buildings shall be notarized by the State public notary office with jurisdiction over the place where the building is, property registered with institutions, enterprises and organizations shall be notarized by the State public notary office at the location of those institutions, enterprises and organizations, and preserved evidence and deposited property shall be notarized by the State public notary office at the place where the evidence or property is.
Article 16 (Jurisdiction to certify missing persons, deceased, wills)
The certification of a missing person or deceased shall be done by the State public notary office with jurisdiction over his or her last domicile, and the certification of a will shall be done by the State public notary office with jurisdiction over the place the will was made.
Article 17 (Jurisdiction to certify natural disasters, accidents, entry into contracts)
Certification related to natural disasters, accidents, and entry into contracts shall be done by the State public notary office with jurisdiction over the place of the natural disaster or the accident or the place the contract was entered into.
CHAPTER IV. NOTARIZATION PROCESS AND METHOD
Article 18 (Application for notarization)
Application for notarization shall be done directly by a party to the given State public notary office. In inevitable cases, the application for notarization shall be done through a legal representative or a notary may be invited to the relevant location.
Article 19 (Notarization application document)
A party applying for notarization must submit to the given State public notary office a notarization application document, documentary evidence, and a certificate of payment of State fees. On the notarization application document must be stated things such as the applicant’s name, birthdate, position at work, address, and the content of the application.
Article 20 (Eradication of defects in the notarization application document)
In cases where a notarization application document is deficient, a State public notary office shall cause it to be amended or supplemented within 5 days. In cases where it has been amended or supplemented within the designated period, the date the notarization application document was first received shall be the day of the application.
Article 21 (Treatment period of the notarization application)
The State public notary office must handle a notarization application document within 1 month of the day it was received.
Article 22 (Reviewing the content of the notarization application)
The State public notary office shall review and confirm the qualifications of the party applying for the notarization and the truthfulness and lawfulness of the content of the application and the documentary evidence, and may call required witnesses or request exhibits from institutions, enterprises, organizations and citizens, or request an analysis from a given specialist institution. The given institutions, enterprises, organizations and citizens must comply with the requirements of the State public notary office related to notarization.
Article 23 (Drafting notarization document)
In cases where the notarization application document is accurate and conforms to the requirements of the law, the State public notary office shall make a notarization document. The original of the notarization document shall be stored and a copy shall be given to the parties.
Article 24 (Rejection of notarization)
Notarization shall be rejected in the following cases.
1. In cases where there is a dispute between the parties in the content of the notarization application
2. In cases where the content of the notarization application do not conform to the facts
3. In cases where there is no evidence for the content of the notarization application or it has been fabricated
4. In cases where the content of the notarization application is confidential
5. In cases where the party applying for the notarization abandons it
6. In cases where the State fees have not been paid
Article 25 (Notification of rejection of notarization)
In cases where a notarization is rejected, the party applying for the notarization shall be informed of the reason and basis.
Article 26 (Deposit of property and preservation of evidence)
The deposit of property and preservation of evidence shall be done directly by the State public notary office or entrusted to the authorities concerned. Cash, marketable securities, and precious minerals shall be placed with a trading bank, poisonous substances shall be placed with the supervisory institution concerned, goods that can decompose or spoil shall be sold and the cash shall be placed in a bank account and stored, and evidence shall be preserved by the method of receiving a witness interrogation report, inspection of the scene document, or analysis report, or taking photographs.
Article 27 (Treatment of deposited property and evidence)
Deposited property and preserved evidence shall be handled according to the judgment or findings of a court or shall be returned to the given obligee once the designated period has passed.
Article 28 (Issue of execution document for deposited property)
In cases where deposited property is not retrieved within the designated period, the State public notary office may issue an execution document. Implementation according to an execution document shall be done by a City (or District) or County People’s Court executive officer.
Article 29 (Drafting language of notarization document)
A notarization document shall be written in Choson language. Foreign nationals may write a notarization document in their language.
Article 30 (Exclusion of notary)
A notary with an interest in a notarization that has been applied for may not do the notarization for it. A party applying for notarization may request that a notary recognised not to be able do a fair notarization be changed to a different notary. In cases where the raised opinion is justified, the given State public notary office shall change to a different notary, and in cases where it is unreasonable it shall be rejected.
Article 31 (Expenses for State fees)
A party applying for notarization must pay State fees and given expenses according to what has been determined.
CHAPTER V. LODGEMENT OF OPINION ON NOTARIZATION
Article 32 (Lodgement of opinion on notarization and its resolution)
A party with an opinion about a notarization may raise an opinion with the court in the location of the given State public notary office within 5 days of the day the notarization document or the notification of rejection is received. A court that has received a raised opinion shall deliberate on it within 10 days and must resolve it in findings.
Article 33 (Appeal on findings of a court)
A party with an opinion on the findings of a court may appeal to a court one level higher within 10 days of the day a certified copy of the finding was received.
Article 34 (Review and treatment of appeal)
A court that has received an appeal shall review it within 1 month and make a finding to uphold it or reject it.
Article 35 (Re-investigation of content of the notarization application)
A State public notary office may re-investigate the content of the notarization application according to the findings of a court or handle it based on materials proven before the court.
Last updated 4 June 2021