Civil Act of South Korea/ADDENDA

대한민국 민법/부칙

Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1991.

Article 2 (Non-retroactivity of Effect of This Act)
Except as provided otherwise in this Act, no effect generated already under the previous Act (referred to the previous provisions of the Civil Act as revised or repealed under this Act; hereinafter the same shall apply) shall be affected.

Article 3 (Transitional Measures concerning Relatives)
If a person who was a relative under the previous Act, becomes a nonrelative under this Act, he shall lose the status as a relative as of the enforcement date of this Act.

Article 4 (Transitional Measures concerning Mother and Child who was Born from Other)
The relationship between a child of the former wife and the step mother and her blood and affinity relatives and that between a child born out of wedlock and the spouse of his father and her blood and affinity relatives, which were created before this Act enters into force, shall be extinguished on the enforcement date of this Act.

Article 5 (Transitional Measures concerning Termination of Matrimonial Engagement)
(1) If there exists any cause of termination under this Act in an matrimonial engagement made before the enforcement date of this Act, it may be terminated under this Act. (2) Even in a case where there exists any cause of termination under the previous Act in an matrimonial engagement made before the enforcement date of this Act, if it is not any cause of termination under this Act, the engagement shall not be terminated after the enforcement date of this Act.

Article 6 (Application of This Act to Property Relations between Husband and Wife)
(Supp. 3)(Supp. 3)

Property relations between husband and wife recognized by a marriage before this Act enters into force, shall be subject to the provisions of this Act on the enforcement date of this Act.

Article 7 (Transitional Measures concerning Cancellation of Adoption)
In a case where any cause of cancellation under the previous Act exists in an adoption made before this Act enters into force, if it does not constitute any cause of cancellation under this Act, no request for cancellation shall be made after the enforcement date of this Act.

Article 8 (Transitional Measures concerning Dissolution of Adoption)
(1) If there exists any cause to dissolve an adoption under this Act in an adoption made before this Act enters into force, a judicial dissolution of adoption may be requested under this Act. (2) In a case where any cause to dissolve an adoption under the previous Act exists in an adoption made before this Act enters into force, if it does not constitute any cause to dissolve the adoption under Act, no request for judicial dissolution of adoption shall be made after the enforcement date of this Act.

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Article 9 (Application of This Act to Parental Authority) The provisions of this Act shall also apply to the parental authority commenced under the previous Act from the enforcement date of this Act.

Article 10 (Application of This Act to Guardian)
Even after a guardianship for a minor, quasi-incompetent or incompetent person is commenced under the previous Act, matters concerning the order and appointment of such guardian shall be subject to the provisions of this Act on the enforcement date of this Act.

Article 11 (Application of This Act to Duty of Support)
Even after the duty of support is commenced under the previous Act, the provisions of this Act shall apply to such duty of support from the enforcement date of this Act.

Article 12 (Transitional Measures concerning Inheritance)
(1) Any inheritance commenced before this Act enters into force shall be subject to the provisions of the previous Act even after the enforcement date of this Act. (2) Where an inheritance is commenced due to a judicial declaration of disappearance, even when the period of disappearance expires while the previous Act is in force, if the disappearance is judicially declared after the enforcement date of this Act, the inheritance shall be subject to this Act.

Article 13 (Relation with Other Acts and Subordinate Statutes)
At the time of implementation of this Act where the inheritance of family headship or inheritor of family headship is cited in other Acts and sub- ordinate statutes, the succession of family headship or successor of fam- ily headship is regarded as cited, and where the inheritance of property or the inheritor of property is cited, the inheritance or the inheritor is regarded as cited.

ADDENDA  Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promul- gation. Articles 2 through 8 Omitted.

ADDENDUM  This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDUM  This Act shall enter into force on July 1, 2002.

ADDENDA  (1)(Enforcement Date) This Act shall enter into force on the date of its promulgation. (2)(Non-retroactivity of This Act’s Validity) This Act shall not affect any validity caused by the previous provisions. (3)(Transitional Measures for Qualified Acceptance) From among those who have known the commencement of inheritance from May 27, 1998 to before the enforcement of this Act, a person who has failed to make a  report on a qualified acceptance, as he has not known the fact that the inherited liability exceeds the inherited property within the period under Article 1019 (1) without any gross negligence but comes to know such  fact before the enforcement of this Act, may make a qualified acceptance under the amended provisions of Article 1019 (3) within 3 months from the date of enforcement of this Act: Provided, That where he fails to make a qualified acceptance within such period, he shall be deemed to make an absolute acceptance. ≪The portion of “from among those who have known the commencement of inheritance from May 27, 1998 to before the enforcement of this Act” in this paragraph shall continue to be applied until it is amended by legis- lators according to the decision of incompatibility with the Constitution by the Constitutional Court which was made on Jan. 29, 2004≫

ADDENDA  Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation: Pro- vided, That the amended provisions of Chapter Ⅱ (Articles 778 through 789, 791, and 793 through 796) of Part Ⅳ, Articles 826 (3) and (4), 908-2 through 908-8, 963, 966, and 968, and Chapter Ⅷ (Articles 980 through 982, 984 through 987, 989, and 991 through 995) of Part Ⅳ and the provisions of Article 7 (excluding paragraphs (2) and (29) thereof) of the Addenda shall take effect on January 1, 2008. Article 2 (Non-retroactivity of Effect of This Act) This Act shall not affect any effect generated already under the previous provisions. Article3(Transitional Measures concerning Action of Denial of Pater- nity) (1)Where the period provided for in the amended provisions of Article 847 (1) expires within thirty days from the date this Act enters into force, the action of denial of paternity may be brought within thirty days from the date this Act enters into force. (2)In calculating the period provided for in the amended provisions of Article 847 (1), the period of March 27, 1997 to the day preceeding the enforcement date of this Act shall not be counted therein. Article 4 (Transitional Measures concerning Nullity and Annulment of Marriage) In a case where any cause of the nullity or annulment of a marriage under the previous provisions exists in a marriage contracted before this Act enters into force, if it does not constitute any cause of the nullity or annulment of marriage under this Act, no claim for the nullity or an- nulment of the marriage shall be made after the enforcement date of  this Act. Article 5 (Transitional Measures concerning Full Adoption) Any person who intends to make the full adoption of a child who is adopted under the previous provisions may make a request to the family court for such full adoption after meeting the requirements as referred to in Article 908-2 (1) 1 through 4. Article 6 (Transitional Measures concerning Period) In a case where a period is changed under this Act, if the period under the previous provisions has yet to pass at the time of the entry into force of this Act, the period set in the amended provisions of this Act or the previous provisions, whichever is the longer, shall apply. Article 7 (Amendments to Other Acts) (1)Part of the Family Litigation Act shall be amended as follows: Item (a) (ⅰ) g of Article 2 (1) shall be deleted; “Article 781 (3)” in item (b) (ⅰ) d of the said paragraph shall be amended as “Article 781 (4)”; D-2 and d-3 in sub-item (ⅰ) of the said item shall be inserted as follows: D-2.Approval of allowing the child to continue to use his or her pre- vious surname and origin of surname under Article 781 (5) of the Civil Act; and D-3.Approval of allowing the child to alter his or her previous sur- name and origin of surname under Article 781 (6) of the Civil Act; and Sub-item (ⅰ) y of the said item shall be deleted. Chapter Ⅳ of Part Ⅱ (Articles 32 and 33) shall be deleted. (2)Part of the Family Litigation Act shall be amended as follows: E-2 and g-2 in item (b) (ⅰ) of Article 2 (1) shall be inserted as follows: E-2.Permission of allowing the guardian to give his assent to adop- tion under the proviso of Article 869 of the Civil Act; and G-2.Permission of allowing the consultation about the dissolution of adoption by the guardian of the adopted child or any other lineal ascendant of the adopted child’s native family under Article 899 (2) of the Civil Act. Item (b) (ⅱ) e of Article 2 (1) shall be amended as follows: E.Designation and alteration of the person of the parental authority under Article 909 (4) and (6) (including the cases which are caused by the annulment of a marriage) of the Civil Act. (3)Part of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall be amended as follows: The term “brothers, sisters and the head of family” in the main sen- tence of Article 28 (2) shall be amended as the term “brothers and sisters”. The term “brothers, sisters and the head of family” in Article 33 (4) shall be amended as the term “brothers and sisters”. (4)Part of the Board of Audit and Inspection Act shall be amended as follows: The term “relative, head of family or family member” in Article 15 (1) 2 shall be amended as the term “relative”. (5)Part of the Discipline of Public Prosecutors Act shall be amended as follows: The term “relative, head of family or family member” in Article 17 (1) shall be amended as the term “relative”. (6)Part of the Notary Public Act shall be amended as follows: The term “spouse, relative or cohabiting family head or member” in subparagraph 1 of Article 21 shall be amended as the term “spouse or re- lative”. The term “relative or cohabiting family head or member” in Article 33 (3) 6 shall be amended as the term “relative”. (7)Part of the National Human Rights Commission Act shall be amended as follows: The term “relative, head of family or cohabiting family member” in Ar- ticle 56 (2) shall be amended as the term “relative”. (8)Part of the National Referendum Act shall be amended as follows: The term “head of family or household or family member” in Article 56 (1) shall be amended as the term “head of household or family member”. (9)Part of the Military Court Act shall be amended as follows: The term “relative, head of family or family member” in subparagraph 2 of Article 48 shall be amended as the term “relative”; The term “lineal blood relatives, brothers and sisters, and head of family” in Article 59 (2) and 66 (1) shall be amended as the term “lineal blood relatives, and brothers and sisters”, respectively. Subparagraph 1 of Article 189 shall be amended as follows: 1.A person who is a relative or was in the relationship of a relative. The term “head of family or family member” in the former part of Ar- ticle 238-2 (1) and Article 252 (1) shall be amended as the term “family member”, respectively. The term “brothers and sisters, and head of family” in Article 398 (1) shall be amended as the term “brothers and sisters”. (10)Part of the Civil Procedure Act shall be amended as follows: The term “relative, head of family or family member” in subparagraph 2 of Article 41 and subparagraph 1 of Article 314 shall be amended as the term “relative”, respectively. (11)Part of the Civil Petitions Treatment Act shall be amended as follows: The term “relative, family member or head of family” in Article 23 (1) 2 shall be amended as the term “relative”. (12)Part of the Stowaways Control Act shall be amended as follows: The term “cohabiting relative, head of family or family member” in Article 4 (4) shall be amended as the term “cohabiting relative”. (13)Part of the Extradition Act shall be amended as follows: The term “head of family or family member” in Article 22 (1) shall be amended as the term “family member”. (14)Part of the Certified Judicial Scriveners Act shall be amended as follows: The term “head of family or family member” in Article 17 (1) shall be amended as the term “family member”. (15)Part of the Security Surveillance Act shall be amended as follows: The term “relative, head of family or cohabiting family member” in the proviso of Article 27 (6) shall be amended as the term “relative”. (16)Part of the Absentee Declaration, etc. Act shall be amended as follows: The term “head of family or family member” in Article 3 shall be amended as the term “family member”. (17)Part of the Act on Special Cases concerning Expedition etc. of Legal Proceedings shall be amended as follows: The term “lineal blood relatives, brothers and sisters, or head of family” in Article 27 (1) shall be amended as the term “lineal blood relatives or brothers and sisters”. (18)Part of the Trial of Small Claims Act shall be amended as follows: The term “lineal blood relatives, brothers and sisters, or head of family” in Article 8 (1) shall be amended as the term “lineal blood relatives or brothers and sisters”. (19)Part of the Act on Notarial Acts Done at Overseas Diplomatic and Consular Missions shall be amended as follows: The term “spouse, relative, or cohabiting family head or member” in subparagraph 2 of Article 8 shall be amended as the term “spouse or relative”. The term “spouse, relative, or cohabiting family head or member” in Article 19 (4) 5 shall be amended as the term “spouse or relative”. (20)Part of the Act on Special Cases concerning the Acquisition, Cor- rection and Adjustment of the Family Register for Korean Nationals Residing Abroad shall be amended as follows: The term “death or succession to headship of family” in the main sen- tence of Article 3 (2) shall be amended as the term “death”. Article 4 (2) shall be deleted. (21)Part of the Prevention of Contagious Diseases Act shall be amended as follows: The term “head of family or household” in the main sentence and proviso of subparagraph 1 of Article 5 shall be amended as the term “head of household”, respectively, and the term “family member” in the proviso of the said subparagraph shall be amended as the term “member of household”. (22)Part of the Local Tax Act shall be amended as follows: Article 196-3 (2) 2 shall be deleted. (23)Part of the Protection of Reporters, etc. of Specific Crimes Act shall be amended as follows: The term “lineal relatives, brothers and sisters, and head of family” in Article 9 (3) shall be amended as the term “lineal relatives, and brothers and sisters”. (24)Part of the Patent Act shall be amended as follows: The term “relative, head of family or family member” in subparagraph 2 of Article 148 shall be amended as the term “relative”. (25)Part of the Act on the Investigation of and Inquiry into Marine Accidents shall be amended as follows: The term “relationship of relative, head of family or family member” in Article 15 (1) 1 shall be amended as the term “relationship of relative”. The term “lineal blood relatives, brothers and sisters, and head of family” in Article 27 (2) shall be amended as the term “lineal relatives, and brothers and sisters”. (26)Part of the Constitutional Court Act shall be amended as follows: The term “relative, head of family or family member” in Article 24 (1) 2 shall be amended as the term “relative”. (27)Part of the Criminal Act shall be amended as follows: The term “relative, head of family or cohabiting family member” in Ar- ticles 151 (2) and 155 (4) shall be amended as the term “relative or co- habiting family member”, respectively. The term “cohabiting relative, head of family or family member” in Article 328 (1) shall be amended as the term “cohabiting relative and family member”, respectively. (28)Part of the Criminal Procedure Act shall be amended as follows: The term “relative, head of family or family member, or such relation” in subparagraph 2 of Article 17 shall be amended as the term “relative or relationship of relative”. The term “lineal relatives, brothers and sisters, and head of family” in Articles 29 (1) and 30 (2) shall be amended as the term “lineal relatives, and brothers and sisters”, respectively. Subparagraph 1 of Article 148 shall be amended as follows: 1. A person who is a relative or was in the relationship of a relative. The term “brothers and sisters, head of family, family member or” in the former part of Article 201-2 (1) and Article 214-2 (1) shall be amended as the term “brothers and sisters or”, respectively. The term “brothers and sisters or head of family” in Article 341 (1) shall be amended as the term “brothers and sisters”. (29)Part of the Family Register Act shall be amended as follows: Article 60 (1) 5 shall be amended as follows: 5. In the case a person of parental authority has been decided according to Article 909 (4) or (5) of the Civil Act, the purport and contents thereof. Article 79 (1) 6 shall be amended as follows: 6. If a person of parental authority has been decided according to Article 909 (4) or (5) of the Civil Act, the purport and contents thereof. “Article 909 (4)” in the former part of Article 82 (2) shall be amended as “Article 909 (4) through (6)”, and “person to exercise parental au- thority”, as “person of parental authority”, respectively.(Supp. 29) (～224)