Professional Documents
Culture Documents
ADDENDA
Article 1 (Definition of Previous Act)
The term "previous Act" mentioned in the Addenda shall refer to Acts and subordinate statutes or
provisions in Acts and subordinate statutes to be replaced by this Act.
Article 2 (Retroactive Effect of This Act)
Unless otherwise Provided, this Act shall also apply to matters before the date of enforcement of this
Act: Provided, That no effect taken already under the previous Act shall be affected by this Act.
Article 3 (Authentic Documents and Preparation thereof)
(1) Private documents which contain fixed date stamps by notaries public or clerks of the court shall
have authentic power concerning the date of preparation thereof.
(2) A notary public or clerk of the court who has received a request to fix a date shall make an entry of
the requester's domicile, name and title of the document in the book for fixed date, and shall put a serial
number and date stamp on the document, and shall seal over the joint of the book and the document.
(3) Persons applying for fixation of dates to a notary public and those doing the same to clerks shall pay
fees pursuant to the Ordinance of the Ministry of Justice or of the Supreme Court Regulations, as the
case may be.
(4) Dates recorded in notarial documents or dates recorded in government offices after certifying certain
matters in private documents shall be the fixed dates.
Article 4 (Limited Incompetent by Old Act)
(1) Those persons adjudged as quasi-incompetents since they are feeble-minded or spend-thrift in
accordance with the previous Act shall be regarded as quasi-incompetents under the provisions of this
Act on the date of enforcement of this Act.
(2) Those persons who have been declared incapacitated because they have been adjudged as limited-
incompetents in accordance with the previous Act since they are deaf, dumb or blind persons, shall have
their capacity restored on the date of enforcement of this Act.
Article 5 (Transitional Provisions on Husband's Right to Avoid)
Even if a wife performed some acts which require her husband's permission in accordance with the
previous Act, the acts shall not be voided after the date of enforcement of this Act even in the absence
of the permission.
Article 6 (Period for Registration of Juristic Persons)
With regard to registration period on registration matters for juristic persons, the provisions of this Act
shall apply to even those matters which occurred before the date of enforcement of this Act.
Article 7 (Non-retroactivity on Penal Provisions)
(1) Those persons who committed acts subject to minor fine in accordance with the previous Act, and
have not been tried at the time of enforcement of this Act, shall be tried only where they are to be
subject to a fine for negligence in accordance with this Act.
(2) The fine for negligence under paragraph (1) shall not exceed the amount of minor fine under the
previous Act.
Article 8 (Transitional Provisions on Prescription)
(1) Those rights whose prescription period under the previous Act has lapsed at the time of enforcement
of this Act shall be regarded to have been acquired or lapsed by this Act.
(2) Provisions on prescription of this Act shall apply to those rights whose extinctive prescription period
under the previous Act has not lapsed at the time of enforcement of this Act.
(3) Provisions on acquisition of ownership under this Act shall apply to those rights whose acquisitive
prescription period under the previous Act has not lapsed at the time of enforcement of this Act.
(4) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to legal periods other than the
prescription period.
Article 9 (Real Rights Which are to Lose Effects)
Those real rights provided in the previous Act shall lose their effect on the date of enforcement of this
Act if they are not provided in this Act, unless otherwise provided in this Act or other Acts.
Article 10 (Transitional Provisions on Transfer of Ownership)
(1) The acquisition or loss of or any alteration in a property right over a real property through juristic
acts before the date of enforcement of this Act shall lose his effect if he is not registered within 6 years
after the date of enforcement of this Act.
(2) The assignment of a property right over movables before the date of enforcement of this Act shall
lose his effect if his delivery is not made within one year after the date of enforcement of this Act.
(3) The provisions of paragraph (1) shall apply to where a property right has been acquired through
completion of prescription before the date of enforcement of this Act.
Article 11 (Registration of Lease on Deposit Basis Acquired by Custom in Old Act)
A lease on a deposit basis acquired by custom before the date of enforcement of this Act shall have his
effect as a property right if he is registered within one year after the date of enforcement of this Act.
Article 12 (Transfer of Ownership by Court Judgment)
Where registration or delivery under Article 10 of the Addenda is requested by means of a lawsuit, if
the registration is not made within 6 months after the date of the final court judgment thereof, or the
delivery is not received within 3 months after the date, or the procedures for compulsory execution are
not taken, the effect of transfer of the real rights shall be lost.
Article 13 (Transitional Provision for Duration of Superficies)
If the duration of a superficies provided by the act of creation of the superficies before the date of
enforcement of this Act does not expire at the time of enforcement of this Act, the provisions of this Act
shall apply to the duration. The same shall apply where the duration of the superficies is not provided by
the act of creation of the superficies.
Article 14 (Real Rights)
With regard to a right of permanent farming or pledge of real property created before the date of
enforcement of this Act, the provisions of the previous Act shall apply: Provided, That it shall not be
renewed after the date of enforcement of this Act.
Article 15 (Transitional Provision for Period of Lease)
Where a period is provided in a lease before the date of enforcement of this Act, if the period does not
expire at the time of enforcement of this Act, the provisions of this Act shall apply to the duration of the
period provided for in the lease.
Article 16 (Invalidation of Preferential Rights)
Preferential rights acquired before the date of enforcement of this Act in accordance with the previous
Act shall lose their effect from the date of enforcement of this Act.
Article 17 (Husband's Right over His Wife's Property)
Even if a husband administers, uses or takes the profit of his wife's property through marriage before the
date of enforcement of this Act, the husband shall lose the right from the date of enforcement of this
Act.
Article 18 (Transitional Provisions on Nullity and Annulment of Marriage and Adoption)
(1) If there is any cause of nullity or annulment under this Act in marriage or adoption made before the
date of enforcement of this Act, it may be nullified or annulled in accordance with the provisions of this
Act. In the above case, if there is a period for annulment, the period shall be calculated on the date of
enforcement of this Act.
(2) Even if there is any cause of annulment under the previous Act in the marriage or adoption made
before the date of enforcement of this Act, but if such is not a cause of annulment in accordance with
provisions of this Act, he shall not be annulled after the date of enforcement of this Act.
Article 19 (Transitional Provisions on Divorce and Dissolution of Adoption)
(1) If there is any cause for divorce or dissolution of adoption under this Act in marriage or adoption
made before the date of enforcement of this Act, judicial divorce or dissolution of adoption may be
requested in accordance with provisions of this Act. In the above case, if there is a period for the
request, the period shall be calculated on the date of enforcement of this Act.
(2) Even if there is any cause of divorce or dissolution of adoption under the previous Act in marriage
or adoption made before the date of enforcement of this Act, and if it is not a cause for divorce or
dissolution of adoption under this Act, judicial divorce or dissolution of adoption shall not be requested
after the date of enforcement of this Act.
Article 20 (Parental Authority)
Persons who reach majority, shall not submit to parental authority on the date of enforcement of this
Act.
Article 21 (Abolition of Limits on Exercise by Mother of Parental Authority)
Even if a mother of parental authority represented a minor or approved a minor's act, without the
consent of a family council, which would be required under the previous Act, the act performed by the
mother shall not be voided after the date of enforcement of this Act.
Article 22 (Transitional Provisions on Guardians)
(1) Even if guardianship over a minor or an incompetent is commenced in accordance with the previous
Act, the provisions of this Act shall apply with regard to matters on order, appointment, duties and
disqualification of guardians after the date of enforcement of this Act.
(2) The same shall apply to matters on guardianship over the persons adjudged limited-incompetents in
accordance with the previous Act.
Article 23 (Transitional Provisions on Assistants, etc.)
Assistants, supervisors over guardians and members of family councils under the previous Act shall
lose their positions on the date of enforcement of this Act: Provided, That the consent made by
assistants, supervisors over guardians and family councils in accordance with provisions of the previous
Act before the date of enforcement of this Act shall not lose their effect.
Article 24 (Application of this Act on Duty of Support)
If duty of support is commenced in accordance with the previous Act, the provisions of this Act, with
regard to the order, appointment and methods, shall apply on the date of enforcement of this Act.
Article 25 (Transitional Provisions on Inheritance)
(1) With regard to inheritance commenced before the date of enforcement of this Act, the provisions of
the previous Act shall apply even after the date of enforcement of this Act.
(2) Where inheritance of a head of family or of property is commenced because of judicial declaration
of disappearance, if the period of disappearance expires during the enforcement of the previous Act, and
the declaration is made after the date of enforcement of this Act, the provisions of this Act shall apply
with regard to order of inheritance, share of inheritance, and other matters.
Article 26 (Transitional Provisions on Will)
Even where a will by custom made before the date of enforcement of this Act does not comply with the
methods provided in this Act, if the testator cannot express his intention from the date of enforcement of
this Act to the effectuation date of the will, the will shall not lose its effect.
Article 27 (Acts and Subordinate Statutes Repealed)
The following Acts and subordinate statutes shall be repealed:
1. The Civil Act, Act for Enforcement of the Civil Act, and Act on Computation of Age applied in
accordance with Article 1 of the Chosun Civil Ordinance;
2. Provisions of Acts and subordinate statutes applied in accordance with the Chosun Civil Ordinance
and Article 1 of the Ordinance which conflict with the provisions of this Act; and
3. Provisions of Military Government Acts and subordinate statutes which conflict with the provisions
of this Act.
Article 28 (Enforcement Date)
This Act shall enter into force on January 1, 1960.