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Notarization

Introduction

Notarization is a form of preventive jurisprudence whereby authorized notarization entities (notaries public) publicly certify the existence or non-existence of facts and legal relationships to preserve evidence of transactions that occur in the daily lives of the people and to ensure the unhindered exercise of rights by their holders.

ClassHankyul’s notarization team provides friendly and accurate notarization services so that our clients can always trust our services. (Inquiries about notarization: T. +82-2-3487-3500, F. +82-2-565-0466)

Major Business

1. Functions of Notarization

(1) Dispute Prevention and Evidentiary Value


- Notarized documents are held to have high evidentiary value in civil and criminal litigation. If agreements between the parties to an agreement are notarized, contrary claims cannot be made thereafter, which helps prevent disputes and contributes to the resolution of disputes should they occur.

(2) Presumption of Authenticity

- Under the Civil Procedure Act, notarized documents are presumed to be authentic, giving them high evidentiary value. (Civil Procedure Act, Article 356)

(3) Title of Execution (Timely Compulsory Execution)

- A notarized document prepared by a notary public for the purpose of payment of a certain amount and contains statements to the effect that the debtor consented to compulsory execution has similar effect to a final and conclusive judgment. Preparing a notarized document therefore enables a speedy, timely compulsory execution without having to undergo court proceedings.

(4) Reduced Risk of Document Loss

- Notarized documents are kept in the safe of the notary public’s office, reducing the risk that contract documents, etc. may be lost. (10 years for original certified documents, 3 years for certified private documents)

2. Method and Process of Notarization

(1) Preparation of enforceable notarized documents on legal acts


- Types: Promissory notes, loan agreements, agreements to perform unpaid wages obligations, uncontested divorce agreements, etc.

(2) Certification of private documents with evidentiary power

- Types: Contracts, memoranda of understanding, letters of attorney, affidavits of support, translations

(3) Certified Copy of Will

- A certified will establishes how a testator’s property is to be distributed. A certified will helps prevent disputes between heirs regarding the distribution of the inheritance property after the testator’s death, eliminates the risk of counterfeiting and tempering, and allows the exercise of rights without undergoing probate proceedings at the court.

(4) Finalized Date

- Establishes the fact of housing lease agreements, other types of agreements, perfection, and right to preferential payment.
 

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