최근 공증 관련 개정법률(안)에 대한 분석과 검토

As authorized Lawyer’s Union & the Law Corporation are allowed to practice notarial services by the promulgation and enforcement of the Resolution of Civil Affairs by Simple Procedure Act in 1971, by the revision of the Lawyers Act in 1982, now the lawyers-notary system is the main character of Korea notary system. Recently the revision of Notary Act passed the Assembly plenary session Jan. 13. 2009. It contains affidavit, electronic notary, unification of law system on the Notary, severe qualification for notary and the age-limit system, compulsory joining to the Notaries Association and the in-service training system. But it is still insufficient to fulfill the function of notary as disputes-prevention method. For example the Exemplification causing immovable property registration and important family law transactions(as to Inheritance, Prenuptial agreement, conformation of divorce agreement, ect) are needed to be notarized. In addition the expansion of the Scope of Enforcement Nonracial Instrument is requested not only in the payment or deliver of a certain amount of money or securities but also in the delivery of immovable or specific movables so much as the pre-trial conciliation instrument executed by the court according to the Civil Procedure Law. In the mean time Nonracial Deed of Articles of Association and Nonracial Deed of Minutes of Corporation should be notarized as before for the prevention of disputes in corporation regardless of it's form or scope in establishment. The Korean notary can further develop it’s specialization with korean Notaries Association keeping pace with the International Union of Notaries among the international notarial exchange and mutual cooperation.