Korea Civil Code

KOREAN CIVIL CODE: Chapters on Marriage and Family

Chapter 3. Marriage.

Section 1. Matrimonial Engagement

Article 800 (Freedom of Matrimonial Engagement) 
Any adult person may freely enter into a matrimonial engagement.


Article 801 (Eligible Age for Matrimonial Engagement) 
Any person who has attained the age of 18 may enter into a matrimonial engagement upon the consent of his/her parents or adult guardian. Article 808 shall apply mutatis mutandis to such cases.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 802 (Adult Guardianship and Matrimonial Engagement) 
An adult ward may enter into a matrimonial engagement upon the consent of his/her parents or adult guardian. Article 808 shall apply mutatis mutandis to such cases.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 803 (Prohibition of Compulsory Performance of Matrimonial Engagement) 
No person may claim to the court for compulsory performance of a matrimonial engagement.


Article 804 (Causes for Dissolution of Matrimonial Engagement) 
Where any of the following causes is attributable to any one party to a matrimonial engagement, the other party may dissolve such engagement:

1. If one of the parties has been sentenced to punishment of suspension of qualification or heavier punishment;
2. If one of the parties has been adjudicated to commence adult guardianship or limited guardianship after the conclusion of matrimonial engagement;
3. If one of the parties has been suffering from a venereal disease, incurable psychosis or any other incurable disease;
4. If one of the parties is engaged to or has married a person other than the party to the engagement after the conclusion of matrimonial engagement;
5. If one of the parties has committed adultery with another person after the conclusion of matrimonial engagement;
6. If the death and life of one of the parties has been unknown for at least one year after the conclusion of matrimonial engagement;
7. If one of the parties has refused or delayed marriage without a just ground;
8. If any other serious cause arises.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 805 (Method of Dissolution of Matrimonial Engagement) 
Dissolution of a matrimonial engagement shall be effected by the declaration of intention of one party to the other party: Provided, That where a party is unable to make any declaration of intention to the other party, such engagement shall be deemed to have been dissolved when the cause of such dissolution becomes known to the dissolving party.


Article 806 (Dissolution of Matrimonial Engagement and Claims for Damages) 

(1) When a matrimonial engagement has been dissolved between parties, one party may claim against the other party in negligence the damages therefrom.
(2) In paragraph (1), the negligent party shall be liable for damages from mental anguish in addition to property damages.
(3) Claims for damages from mental anguish may not be assigned or succeeded: Provided, That this shall not apply to the case where a contract concerning indemnity has already been entered into between the parties or a legal action on a claim for damages has been instituted.

Section 2.  Formation of Marriage


Article 807 (Marriageable Age) 
Any person who is eighteen years old or older may enter into matrimony.
[This Article Wholly Amended by Act No. 8720, Dec. 21, 2007]


Article 808 (Marriage Requiring Consent)

 (1) A minor shall obtain the consent of both parents in order to marry. If one parent is unable to exercise the right of consent, the minor shall obtain the consent of the other parent, and if neither parent is able to exercise the right of consent, the minor shall obtain the consent of his/her guardian of minor.
(2) An adult ward may marry upon obtaining the consent of his/her parents or adult guardian.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 809 (Prohibition of Consanguineous Marriage, etc.)

(1) A marriage may not be allowed between blood relatives (including the blood relatives of an adoptee before full adoption) within the eighth degree of relationship.
[This paragraph was amended by Act No. 7427, March 31, 2005 pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on March 27, 1997]
(2) A marriage may not be allowed between the parties who are or were such relatives by affinity as the spouses of blood relatives within the sixth degree of relationship, the blood relatives of the spouse within the sixth degree of relationship, and the spouses of blood relatives of the spouse within the fourth degree of relationship.
(3) A marriage may not be allowed between the parties who were the blood relatives of adoptive parent line within the sixth degree of relationship and the affinity relatives of adoptive parent line within the fourth degree of relationship.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]


Article 810 (Prohibition of Bigamy) 
No one who has a spouse shall enter into another marriage.


Article 811 Deleted. <by Act No. 7427, Mar. 31, 2005>

Article 812 (Formation of Marriage) 

(1) A marriage shall take effect by reporting in accordance with the provisions of the Act on the Registration, etc. of Family Relationship. <Amended by Act No. 8435, May 17, 2007>
(2) The report mentioned in paragraph (1) shall be submitted in writing with co-signatures of both parties and two adult witnesses.

Article 813 (Examination of Marriage Report) 
Marriage report shall be accepted unless a marriage is in violation of the provisions of Articles 807 through 810 and 812 (2), and of any other statutes. <Amended by Act No. 7427, Mar. 31, 2005>


Article 814 (Marriage Report in Foreign Country) 

(1) A marriage between Korean nationals in a foreign country may be reported to the Korean Ambassador, Minister, or Consul stationed in that country.
(2) Every Ambassador, Minister, or Consul who has accepted a marriage report filed under paragraph (1), shall promptly forward such marriage report and other accompanying documents to the family registration offices of Korean nationals residing abroad in the Republic of Korea. <Amended by Act No. 7427, Mar. 31, 2005; Act No. 8435, May 17, 2007; Act No. 13124, Feb. 3, 2015>

Section 3. Nullity and Annulment of Marriage

Article 815 (Nullity of Marriage)

A marriage is null and void if it falls under any one of the following subparagraphs: <Amended by Act No. 7427, Mar. 31, 2005>

1. Where there is no agreement to marry between the parties;
2. Where the marriage is in violation of Article 809 (1);
3. Where there exists or existed between the parties the relationship of lineal relatives by affinity;
4. Where there existed between the parties the relationship of lineal blood relatives of adoptive parent line.

Article 816 (Causes for Annulment of Marriage) 
A claim to the court for annulment of a marriage may be made under any one of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005>

1. Where a marriage is in violation of the provisions of Articles 807 through 809 (excluding the cases falling under the nullity of marriage under Article 815; hereafter in Articles 817 and 820 the same shall apply) or 810;
2. When at the time of marriage one of the parties was unaware that the other party had been suffering from a malignant disease or had any other serious reason which would make marital life unable to continue;
3. When the declaration of intention to marry has been made by fraud or duress.

Article 817 (Claimant for Annulment of Marriage in Violation of Marriageable Age, etc.) 
In the case of a marriage in violation of the provisions of Articles 807 and 808, a claim for annulment of the marriage to the court may be made by either party or legal representative thereof. In case of a marriage in violation of the provisions of Article 809, a claim for annulment of the marriage to the court may be made by either party, their lineal ascendants or collateral blood relatives within the fourth degree of relationship. <Amended by Act No. 7427, Mar. 31, 2005>


Article 818 (Claimant for Annulment of Bigamy) 
The principal, his/her spouse, lineal ascendants, collateral blood relatives within the fourth degree of relationship, or a public prosecutor may make a claim to the court for the annulment of a marriage, if it is in violation of Article 810.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
[This Article was amended by Act No. 7427, February 10, 2012, pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on July 29, 2010]


Article 819 (Extinction of Right of Claim for Annulment of Marriage without Consent) 
In cases of a marriage in violation of Article 808, no claim for annulment of the marriage may be made, if three months have elapsed from the day the minor party has attained the age of 19 or the termination of adult guardianship has been adjudged, or if the female party has become pregnant during the marriage.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 820 (Extinction of Right of Claim for Annulment of Consanguineous Marriage, etc.) 
In cases of a marriage in violation of the provisions of Article 809, no claim for annulment of the marriage may be made, if the female party has become pregnant during the marriage. <Amended by Act No. 7427, Mar. 31, 2005>


Article 821 Deleted. <by Act No. 7427, Mar. 31, 2005> 


Article 822 (Extinction of Right of Claim for Annulment of Marriage due to Malignant Disease, etc.) 
No claim for annulment of a marriage may be made on the ground of causes falling under the provisions of subparagraph 2 of Article 816, if six months have elapsed from the day when one party became aware that the other party had such cause.


Article 823 (Extinction of Right of Claim for Annulment of Marriage by Fraud or Duress)
No claim for annulment of a marriage by fraud or duress may be made, if three months have elapsed from the day when the party discovered the fraud, or became free from the duress.


Article 824 (Effect of Annulment of Marriage) 
The annulment of a marriage shall not be retrospectively effective.


Article 824-2 (Annulment of Marriage, Fosterage of Children, etc.) 
Articles 837 and 837-2 shall apply mutatis mutandis to the responsibility for fostering children and the visitation right in cases of the annulment of a marriage.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


Article 825 (Annulment of Marriage and Right to Claim Damages) 
The provisions of Article 806 shall apply mutatis mutandis in a case of the nullity and annulment of a marriage.

Section 4. Effect of Marriage

Sub-Section 1 General Effect
Article 826 (Duties of Husband and Wife) 

(1) Husband and wife shall live together, and shall support, and aid each other: Provided, That both parties must tolerate, if they do not live together temporarily for a due reason.
(2) The place where husband and wife reside, shall be determined by an agreement between them: Provided, That if they fail to reach an agreement, the place shall be determined by the Family Court upon a request of either party. <Amended by Act No. 4199, Jan. 13, 1990>
(3) and (4) Deleted. <by Act No. 7427, Mar. 31, 2005>

[Paragraph (3) was deleted by Act No. 7427, March 31, 2005 pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on March 27, 1997]

Article 826-2 (Attaining Majority by Marriage) 
If a minor enters into marriage, he shall be deemed to have attained majority.
[This Article Newly Inserted by Act No. 3051, Dec. 31, 1977]


Article 827 (Right of Representation between Husband and Wife for Home Affairs) 


(1) Husband and wife shall exercise the right of representation for each other on normal home affairs.
(2) Restriction upon the right of representation as mentioned in paragraph (1) shall not be set up against a third party acting in good faith.


Article 828 Deleted. <by Act No. 11300, Feb. 10, 2012>


Sub-Section 2 Effect on Property
Article 829 (Agreement and its Alteration on Matrimonial Property) 

(1) If husband and wife have not, prior to the formation of marriage, entered into a contract which provides otherwise with respect to their property, their property relation shall be governed by the provision of each Article of this Sub-Section.
(2) If husband and wife have, prior to the formation of marriage, entered into a contract with respect to their property, such contract may not be altered during the marriage: Provided, That if there is a due reason to alter such contract, it may be altered upon approval of the court.
(3) If, where one spouse manages the property of the other in accordance with the contract referred to in paragraph (2), and such property is imperiled by mismanagement, the other spouse may claim to the court for permission of its own management. In this case, if such property is common property between husband and wife, the other spouse may claim to the court for the division of such property.
(4) If husband and wife have entered into a contract regarding their property, such contract may not be enforced against a successor in title of the husband or wife or a third party unless it is registered prior to the formation of their marriage.
(5) If the manager has been changed or a division of property in co-ownership has been effected in accordance with paragraphs (2) and (3) or by a contract, such change or division may not be enforced against a successor in title of the husband or wife or against a third party unless it has been registered.

Article 830 (Peculiar Property and Property of which Title is Uncertain) 


(1) Inherent property belonging to either husband or wife from the time before the marriage and property acquired during the marriage in his or her own name shall constitute his or her peculiar property.
(2) Any property, of which title is uncertain between the husband and wife, shall be presumed to be in their co-ownership. <Amended by Act No. 3051, Dec. 31, 1977>


Article 831 (Management, etc. of Peculiar Property) 
Husband or wife shall separately manage, use and take profit from his or her peculiar property.


Article 832 (Joint Liability for Obligations with respect to Home Affairs) 
If, with respect to normal home affairs, one spouse has effected a juristic act with a third person, the other spouse shall be jointly and severally liable for the obligation therefrom: Provided, That this shall not apply where a previous notice, to the effect that the other spouse will not assume such liability, has been clearly given to the third person.


Article 833 (Living Expenses) 
The expenses necessary for communal life of husband and wife shall be jointly and severally borne by them, unless a special stipulation has been made between them.
[This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]

Section 5. Divorce

Sub-Section 1 Divorce by Agreement
Article 834 (Divorce by Agreement) 
Husband and wife may get a divorce by agreement.


Article 835 (Adult guardianship and Divorce by Agreement)
Article 808 (2) shall apply mutatis mutandis to a divorce by agreement for an adult ward.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 836 (Taking Effect of Divorce and Method of Reporting) 


(1) Divorce by agreement shall take effect upon reporting in accordance with the Act on the Registration, etc. of Family Relationship after obtaining the confirmation of the Family Court. <Amended by Act No. 3051, Dec. 31, 1977; Act No. 8435, May 17, 2007>
(2) The report as mentioned in paragraph (1) shall be filed in writing with joint signatures of both parties and two adult witnesses.


Article 836-2 (Procedure of Divorce) 


(1) Any person who intends to get a divorce by agreement shall have a guidance on divorce provided by the Family Court and, if necessary, the Family Court may recommend to take counsel with a professional counselor who has expertise and experiences in counseling.
(2) The party who filed an application for the confirmation of intention to divorce with the Family Court may have the confirmation of intention to divorce after the periods, prescribed by the following subparagraphs, have passed since the day of having such guidance referred to in paragraph (1):


1. Three months, if the party has any child to take care of (including an unborn child; hereafter the same shall apply in this Article);
2. One month, if not falling under subparagraph 1.


(3) The Family Court may exempt the party from or reduce the period under paragraph (2), when there are such urgent circumstances to proceed a divorce as the party's unbearable suffering may be expected due to domestic violence.
(4) The party who has any child to take care of shall submit the documents of agreement on fostering under Article 837 and decision of custody under Article 909 (4) or the original copy of adjudication of the Family Court under Articles 837 and 909 (4).
(5) The Family Court shall establish a child support order to confirm the details of child support agreed between parties. In such cases, with respect to the effect of the child support order, Article 41 of the Family Litigation Act shall apply mutatis mutandis. <Newly Inserted by Act No. 9650, May 8, 2009>
[This Article Newly Inserted by Act No. 8720, Dec. 21, 2007]

Articles 837 (Divorce and Responsibility of Fostering Children) 


(1) The parties shall determine by agreement matters concerning fostering their children. <Amended by Act No. 4199, Jan. 13, 1990>
(2) If the agreement as set forth in paragraph (1) shall include matters as follows: <Amended by Act No. 8720, Dec. 21, 2007>


1. Decision on the custodian;
2. Child support;
3. Visitation right and methods thereof.


(3) Where the agreement as set forth in paragraph (1) harms children's welfare, the Family Court shall order correction or decide ex officio matters related to fostering, taking consideration of children's intention and age, each parent's financial status and other circumstances. <Amended by Act No. 8720, Dec. 21, 2007>
(4) Where the agreement on fostering cannot or would not be made, the Family Court shall decide it upon a request of the party or ex officio. In such cases, the Family Court shall take matters as set forth in paragraph (3) into account. <Newly Inserted by Act No. 8720, Dec. 21, 2007>
(5) Where deemed necessary for children's welfare, the Family Court may change matters concerning fostering or take other appropriate measures, upon a request of each parent, children or prosecutor or ex officio. <Newly Inserted by Act No. 8720, Dec. 21, 2007>
(6) Except for matters related to fostering, the provisions of paragraphs (3) through (5) shall not change the rights and duties of parents. <Newly Inserted by Act No. 8720, Dec. 21, 2007>


Article 837-2 (Visitation Rights) 

(1) A parent who does not foster children and his/her children shall have the visitation right. <Amended by Act No. 8720, Dec. 21, 2007>
(2) The lineal ascendants of a parent who does not foster children may request the Family Court to grant visitation with the children, where the parent is unable to visit the children due to death or any other extenuating circumstance such as illness and residency abroad. In such cases, the Family Court shall take into consideration circumstances such as the intent of the children, the relationship between the requesting person and the children, and the reasons for the request. <Newly Inserted by Act No. 14278, Dec. 2, 2016>
(3) If it is required for the welfare of children, the Family Court may, upon a request of the party or ex officio, restrict, exclude or modify such visitation right. <Amended by Act No. 7427, Mar. 31, 2005; Act No. 14278, Dec. 2, 2016>
[This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]


Article 838 (Claims for Revocation of Divorce by Fraud and Duress) 
Any person who has declared intention of divorce by fraud or duress may claim to the Family Court for revocation of divorce. <Amended by Act No. 4199, Jan. 13, 1990>


Article 839 (Provisions to be Applied Mutatis Mutandis) 
The provisions of Article 823 shall apply mutatis mutandis to the cases of divorce by agreement.


Article 839-2 (Claim for Division of Property) 


(1) One of the parties who have been divorced by agreement, may claim a division of property against the other party.
(2) If no agreement is made for a division of property as referred to in paragraph (1), or if it is impossible to reach an agreement, the Family Court shall, upon a request of the parties, determine the amount and method of division, considering the amount of property acquired by cooperation of both parties and other circumstances.
(3) The claim for division of property as referred to in paragraph (1) shall be extinguished after two years have passed from the date of divorce.
[This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]


Article 839-3 (Right to Revoke Fraudulent Act for Preservation of Claim for Division of Property)

(1) When a party files a legal act for a property right, knowing that such act may obstruct the other party's exercise of a claim for division of property, the other party may file a lawsuit demanding a revocation of such act and recovery therefrom with the Family Court with Article 406 (1) applied mutatis mutandis.
(2) Such lawsuits as set forth in paragraph (1) shall be filed within the period as set forth in Article 406 (2).
[This Article Newly Inserted by Act No. 8720, Dec. 21, 2007]


Sub-Section 2 Judicial Divorce


Article 840 (Causes for Judicial Divorce)
Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: <Amended by Act No. 4199, Jan. 13, 1990>


1. If the other spouse has committed an act of unchastity;
2. If one spouse has been maliciously deserted by the other spouse;
3. If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants;
4. If one spouse's lineal ascendant has been extremely maltreated by the other spouse;
5. If the death or life of the other spouse has been unknown for three years;
6. If there exists any other serious cause for making it difficult to continue the marriage.


Article 841 (Extinction of Right to Apply for Divorce due to Unchastity) 
With respect to the cause mentioned in subparagraph 1 of Article 840, if the spouse has given a previous consent or an ex post facto tolerance to the other party, or if six months have passed since the spouse was aware of such act of unchastity of the other, or if two years have passed since the happening of such event, the spouse may not apply to the court for a divorce.


Article 842 (Extinction of Right to Apply for Divorce due to Any Other Reason) 
With respect to the cause as provided in subparagraph 6 of Article 840, one spouse may not apply to the court for divorce after the lapse of six months since the day when the spouse became aware of such cause, or after the lapse of two years since such cause has occurred.


Article 843 (Provisions to be Applied Mutatis Mutandis) 
Article 806 shall apply mutatis mutandis to the claims for damages from a judicial divorce, Article 837 to the responsibility of parenting children following a judicial divorce, Article 837-2 to the visitation rights following a judicial divorce, Article 839-2 to the claim for division of property following a judicial divorce, and Article 839-3 to the right to cancel a fraudulent act for the purpose of preserving the claims for division of property following judicial divorce.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


CHAPTER IV PARENTS AND CHILDREN
SECTION 1 Children of Natural Parent


Article 844 (Presumption of Husband's Paternity of Child)


(1) A child conceived by a wife during the marriage shall be presumed to be the child of the wife's husband.
(2) A child born after two hundred days from the day when the marriage was formed shall be presumed to have been conceived during the marriage.
(3) A child born within three hundred days from the day when the marital relationship is terminated shall be presumed to have been conceived during the marriage.
[This Article Wholly Amended by Act No. 14965, Oct. 31, 2017]
[This Article, which was determined to be unconstitutional by the Constitutional Court on Apr. 30, 2015, is amended by Act No. 14965 promulgated on Oct. 31, 2017]


Article 845 (Determination of Paternity by Court) 
If a woman who has remarried gives birth to a child, and it is impossible to determine the father of the child in accordance with the provisions of Article 844, the court shall, upon the application of the party concerned, determine the paternity of the child. <Amended by Act No. 7427, Mar. 31, 2005>


Article 846 (Denial of Paternity of Child) 
Either of husband and wife may, in any case mentioned in Article 844, bring an action to deny that he is the natural father of the child. <Amended by Act No. 7427, Mar. 31, 2005>


Article 847 (Action of Denial of Paternity) 

(1) The action of denial of paternity shall be brought by the husband or wife against the other spouse or the child within two years from the day when he or she becomes aware of the cause of the action.
<<This paragraph is amended by Act No. 7427, March 31, 2005 pursuant to the decision of incompatibility with the Constitution which was made by the Constitutional Court on March 27, 1997>>
(2) In the case of paragraph (1), if both of the other spouse and the child against whom the action is to be brought has died, the action of denial of paternity may be brought against a public prosecutor within two years from the day on which he or she becomes aware of the death.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]


Article 848 (Adult Guardianship and Action of Denial of Paternity)


(1) If either of the husband or wife is an adult ward, his/her adult guardian may, upon the consent of the supervisor of adult guardianship, bring an action of denial of paternity of a child. If he/she has no supervisor of guardianship or fails to obtain the supervisor's consent, he/she may request the Family Court to grant an approval substituting for such consent.
(2) In cases falling paragraph (1), if the adult guardian has not brought an action of denial of paternity, the adult ward may bring the action of denial of paternity within two years after the adjudication on the termination of adult guardianship is made.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 849 (Denial of Paternity after Death of Child)
If any lineal descendant of a child survives after the death of the child, the husband may bring an action of denial against the child's mother, or if the mother does not survive, against the public prosecutor.


Article 850 (Denial of Paternity by Will)
If the husband or wife has expressed an intention of denial of paternity by will, the executor of the will shall bring an action of denial of paternity. <Amended by Act No. 7427, Mar. 31, 2005>


Article 851 (Death of Husband before Birth of Child, etc. and Denial of Paternity) 
If the husband dies before the birth of a child or the husband or wife dies within the period mentioned in Article 847 (1), only the lineal ascendant or lineal descendant of the husband or wife may bring an action of denial of paternity within two years from the day on which he or she becomes aware of the death.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]


Article 852 (Extinction of Right of Denial of Paternity) 
Any person who recognizes the paternity of a child after the child is born may not bring an action of denial of the paternity again.
[This Article Wholly Amended by Act No. 7427, Mar. 31, 2005]


Article 853 Deleted. <by Act No. 7427, Mar. 31, 2005> 


Article 854 (Revocation of Recognition caused by Fraud or Duress) 
Recognition mentioned in Article 852 caused by fraud or duress shall be revocable. <Amended by Act No. 7427, Mar. 31, 2005>


Article 854-2 (Application for Permission to Deny Paternity) 


(1) In cases falling under Article 844 (3), a mother or her former husband may file an application with the Family Court for permission to deny paternity: Provided, That this shall not apply where the birth of a child born during marriage has been reported.
(2) Where an application is filed under paragraph (1), the Family Court shall determine whether to grant permission, considering the results of tests conducted by scientific means, such as blood type tests by blood sampling and gene tests, prolonged separation or other circumstances.
(3) Where permission is granted under paragraphs (1) and (2), no presumption under Article 844 (1) and (3) shall exist.
[This Article Newly Inserted by Act No. 14965, Oct. 31, 2017]


Article 855 (Affiliation) 


(1) A child born out of wedlock may be affiliated by its natural father or mother. When the marriage of the parent becomes null and void, the child born between them shall be deemed to be a child born out of wedlock.
(2) A child born out of wedlock, when its father and mother marry, shall be deemed to be a child born during the marriage from the time of the marriage.


Article 855-2 (Application for Permission for Affiliation)


(1) In cases falling under Article 844 (3), a natural father may file an application with the Family Court for permission for affiliation: Provided, That this shall not apply where the birth of a child born during marriage has been reported.
(2) Where an application is filed under paragraph (1), the Family Court shall determine whether to grant permission, considering the results of tests conducted by scientific means, such as blood type tests by blood sampling and gene tests, prolonged separation or other circumstances.
(3) Where a natural father who has obtained permission under paragraphs (1) and (2) files a report pursuant to Article 57 (1) of the Act on the Registration, etc. of Family Relationships, no presumption under Article 844 (1) and (3) shall exist.


Article 856 (Affiliation by Adult Ward)
If a father is an adult ward, he may affiliate himself as being the father of his child with the consent of the adult guardian.
[This Article Wholly Amended by Act No. 10429, Mar. 7, 2011]


Article 857 (Affiliation of Deceased Child) 
Even after a child has died, if its lineal descendant survives, it may be affiliated as the lawful child.


Article 858 (Affiliation of Unborn Child) 
A father may affiliate an unborn child.


Article 859 (Effectiveness of Affiliation) 

(1) Affiliation shall become effective when it is reported in accordance with the provisions of the Act on the Registration, etc. of Family Relationship. <Amended by Act No. 8435, May 17, 2007>
(2) Affiliation may be effected by a will. In this case, the executor of a will shall make such report.

Article 860 (Retrospective Effect of Affiliation) 
Affiliation shall be retrospectively effective from the time of birth of the child: Provided, That the right acquired by a third person shall not be prejudiced thereby.


Article 861 (Revocation of Affiliation) 
If affiliation has been made by fraud, duress or grave mistake, its revocation may be claimed to the Family Court within six months from the day when such fraud or mistake becomes known, or such duress disappears. <Amended by Act No. 7427, Mar. 31, 2005>


Article 862 (Action of Demurrer against Affiliation) 
A child or any other person interested may bring an action of demurrer against an affiliation within one year from the day when it becomes aware of a report of such affiliation.


Article 863 (Action Demanding Affiliation) 
A child, any of its lineal descendants or the legal representative of any of them, may bring an action against its father or mother demanding affiliation by its father or mother.


Article 864 (Death of Father or Mother and Action Demanding Affiliation)
In the cases mentioned in Articles 862 and 863, if the father or mother of a child has died, an action of demurrer or action demanding affiliation may be brought against the public prosecutor within two years from the day when the death of the father or mother becomes known. <Amended by Act No. 7427, Mar. 31, 2005>


Article 864-2 (Affiliation and Responsibility of Fostering Child, etc.) 
The provisions of Articles 837 and 837-2 shall apply mutatis mutandis with respect to the responsibility of fostering a child and the visitation right in the case of the affiliation of the child.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


Article 865 (Action Demanding Confirmation of Denial or Existence of Paternity due to Any Other Reasons) 


(1) A person who may bring an action in accordance with the provisions of Articles 845, 846, 848, 850, 851, 862 and 863, may bring an action demanding confirmation of denial or the existence of paternity for any reason other than those mentioned in the aforesaid Articles.
(2) In the cases mentioned in paragraph (1), if the party concerned has died, the other party may bring an action against the public prosecutor within two years from the day when it becomes aware of such death. <Amended by Act No. 7427, Mar. 31, 2005>


SECTION 2 Adopted Children
Sub-Section 1 Requisites for, and Effect of, Adoption


Article 866 (Capacity for Adoption) 
Anyone who has attained majority may adopt another as his/her child.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 867 (Permission from Family Court for Adoption of Minor) 


(1) Anyone who intends to adopt a minor shall obtain permission from the Family Court.
(2) The Family Court may choose not to grant permission under paragraph (1) for the sake of the welfare of a minor to be adopted, taking into consideration the situation of the minor's fostering, the motives of such adoption, the prospective parents' competence for fostering the minor, and other circumstances.
[This Article Newly Inserted by Act No. 11300, Feb. 10, 2012]


Article 868 Deleted. <by Act No. 4199, Jan. 13, 1990> 


Article 869 (Declaration of Intent to Adopt) 


(1) If a person to be adopted is a minor of at least 13 years of age, the adoption shall be granted with the consent of his/her legal representative.
(2) If a person to be adopted is a minor under 13 years of age, his/her legal representative shall permit the adoption on his/her behalf.
(3) In any of the following circumstances, the Family Court may permit adoption under Article 867 (1) even if the consent under paragraph (1) or the permission under (2) has not been obtained:


1. Where the legal representative refuses to give his/her consent or permit without any just ground: Provided, That where the legal representative is the person with parental authority, he/she shall fall under any cause prescribed in Article 870 (2);
2. Where the consent or permission is unable to be obtained due to the unknown whereabouts of the legal representative or by any other cause.
(4) In cases falling under paragraph (3) 1, the Family Court shall examine the legal representative.
(5) The consent under paragraph (1) or the permission under paragraph (2) may be withdrawn before the adoption is permitted under Article 867 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 870 (Parents' Consent to Adoption of Minor)


(1) The adoption of a minor shall require consent of his/her parents: Provided, That the same shall not apply in any of the following circumstances:

1. Where the parents have given consent under Article 869 (1) or permission under Article 869 (2);
2. Where the parents have been declared to lose parental authority;
3. Where he/she has not been able to obtain consent from his/her parents due to the reasons such as the unknown whereabouts of the parents, etc.


(2) Even if the parents refuse to give their consent, the Family Court may permit adoption under Article 867 (1) where any of the following causes arises. In such cases, the Family Court shall examine the parents:


1. If the parents have failed to perform their duty to foster the child for at least three years;
2. If the parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3) The consent referred to in paragraph (1) may be withdrawn before the permission for adoption is granted under Article 867 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 871 (Consent from Parents for Adoption of Adult) 


(1) The adoption of an adult shall require the consent of his/her parents: Provided, That the same shall not apply where the consent is unable to be obtained due to the reasons such as the unknown whereabouts of the parents.
(2) If the parents refuse to give their consent without any justifiable ground, the Family Court may make an adjudication substituting for the consent of the parents upon the application of a prospective adoptive parent or adopted child. In such cases, the Family Court shall examine the parents.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 872 Deleted. <by Act No. 11300, Feb. 10, 2012> 


Article 873 (Adoption of Adult Ward) 


(1) An adult ward may, upon the consent of his/her guardian, adopt a child or may be adopted by another.
(2) Article 867 shall apply mutatis mutandis where an adult ward adopts a person or becomes an adoptee.
(3) If an adult guardian refuses to give consent referred to in paragraph (1) or if the parents of the adult ward refuse to give consent referred to in Article 871 (1) without any justifiable ground, the Family Court may grant permission for the adoption even without such consent. In such cases, the Family Court shall examine the parents.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 874 (Joint Adoption by Husband and Wife) 


(1) When a person who has a spouse, adopts a child, he/she shall do so jointly with his/her spouse.
(2) When a person who has a spouse, is adopted, he/she shall obtain the consent of the spouse.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Articles 875 and 876 Deleted. <by Act No. 4199, Jan. 13, 1990> 


Article 877 (Prohibition of Adoption) 
No ascendant or person of elder age shall be adopted.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 878 (Formation of Adoption) 
An adoption shall take effect when it is reported, as prescribed by the Act on the Registration, etc. of Family Relationship.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Articles 879 and 880 Deleted. <by Act No. 4199, Jan. 13, 1990> 


Article 881 (Examination of Adoption Reports) 
An adoption report shall be accepted unless the adoption is in violation of Articles 866, 867, 869 through 871, 873, 874, 877 and any other statutes.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 882 (Adoption Reports in Foreign Country) 
Article 814 shall apply mutatis mutandis to the filing of an adoption report in a foreign country.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 882-2 (Effect of Adoption) 
(1) An adopted child shall have the status equal to that of a natural child of the adoptive parent from the time he/she becomes an adoptee.
(2) The kinship of an adoptee shall continue to exist even after the adoption.
[This Article Newly Inserted by Act No. 11300, Feb. 10, 2012]
Sub-Section 2 Nullity and Annulment of Adoption


Article 883 (Causes for Nullity of Adoption) 
An adoption shall be null and void in any of the following circumstances:
1. Where the parties have not agreed on the adoption;
2. Where the adoption is in violation of Article 867 (1) (including the cases applied mutatis mutandis under Article 873 (2)), 869 (2) or 877.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 884 (Causes for Annulment of Adoption) 


(1) If an adoption falls under any of the following cases, a claim for annulment may be made to the Family Court:

1. Where the adoption is in violation of Articles 866, 869 (1) or (3) 2, 870 (1), 871 (1), 873 (1) or 874;
2. Where there is no knowledge of the fact, at the time of adoption, that either of the adoptee or the adoptive parent has been suffering from a malignant disease or has had any other serious cause;
3. Where an intent to adopt was expressed by fraud or duress.

(2) Article 867 (2) shall apply mutatis mutandis to the annulment of an adoption.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 885 (Claimants for Annulment of Adoption) 
The adoptive parent, adopted child or his/her legal representative or lineal blood relative may claim annulment of the adoption made in violation of Article 866.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 886 (Claimants for Annulment of Adoption) 
An adoptee or a person entitled to give consent to the adoption may claim annulment of the adoption made in violation of Article 869 (1) or (3) 2, or 870 (1), and a person entitled to give consent to the adoption may claim annulment of the adoption made in violation of Article 871 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 887 (Claimants for Annulment of Adoption) 
An adult ward or adult guardian may claim annulment of the adoption made in violation of Article 873 (1).
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 888 (Claimants for Annulment of Adoption) 
The spouse may claim annulment of the adoption made in violation of Article 874.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 889 (Extinction of Right to Claim for Annulment of Adoption) 
No claim shall be made for annulment of the adoption made in violation of Article 866, if the adoptive parents reach their majority.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 890 Deleted. <by Act No. 4199, Jan. 13, 1990> 


Article 891 (Extinction of Right to Claim for Annulment of Adoption) 


(1) If three months elapse after an adoptee has attained majority or if an adoptee dies, no claim for annulment of the adoption made in violation of Article 869 (1) or (3) 2, or 870 (1) shall be made.
(2) If an adoptee dies, no claim for annulment of the adoption made in violation of Article 871 (1) shall be made.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 892 Deleted. <by Act No. 11300, Feb. 10, 2012> 


Article 893 (Extinction of Right to Claim for Annulment of Adoption) 
If three months elapse after the commencement of adult guardianship has been revoked, no claim for annulment of the adoption made in violation of Article 873 (1) shall be made.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 894 (Extinction of Right to Claim for Annulment of Adoption) 
If the adoption is in violation of Article 869 (1) or (3) 2, 870 (1), 871 (1), 873 (1), or 874, no claim for annulment may be made after six months lapse from the day the adoptive parent becomes aware of the cause thereof, or after one year lapses from the day the cause thereof arises.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 895 Deleted. <by Act No. 4199, Jan. 13, 1990> 


Article 896 (Extinction of Right to Claim for Annulment of Adoption) 
No claim for annulment of the adoption that falls under any cause prescribed in Article 884 (1) 2 shall be made, if six months elapse from the day either the adoptive parent or adoptee becomes aware of the cause thereof.


[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
Article 897 (Provisions to be Applied Mutatis Mutandis) 
Article 806 shall apply mutatis mutandis to the claims for damages from the nullity or annulment of adoption, Article 823 to the extinction of the right to claim annulment of adoption made by fraud or duress, Article 824 to the effect of annulment of adoption.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
Sub-Section 3 Dissolution of Adoptive Relation


Article 898 (Dissolution of Adoptive Relation by Agreement) 
The adoptive parent and the adoptee may, by agreement, dissolve the adoptive relation: Provided, That same shall not apply where the adoptee is a minor or adult ward.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 899 through 901 Deleted. <by Act No. 11300, Feb. 10, 2012>


Article 902 (Dissolution of Adoptive Relation by Agreement for Adult Ward) 
The adoptive parent who is an adult ward may enter into a consultation for dissolution of adoptive relation upon the consent of the adult guardian.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 903 (Examination of Reports on Dissolution of Adoptive Relation) 
A report on dissolution of the adoptive relation shall be accepted unless the dissolution is in violation of Article 898, 902 or any other statutes.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 904 (Provisions to be Applied Mutatis Mutandis) 
Article 823 shall apply mutatis mutandis to the extinction of the right to claim the annulment of adoption by fraud or duress, and Article 878 shall apply mutatis mutandis to the formation of dissolution of adoptive relation by agreement.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 905 (Causes for Judicial Dissolution of Adoptive Relation) 
The adoptive parent, the adoptee or a person entitled to claim under article 906 may claim for dissolution of adoptive relation in any of the following circumstances:


1. If the adoptive parent has abused or deserted the adoptee or otherwise has severely impaired the welfare of the adoptee;
2. If the adoptive parent has been extremely maltreated by the adoptee;
3. If the death or life of the adoptive parent or adoptee has been unknown for at least three years;
4. If there exists any other serious cause making it impracticable to continue the adoptive relationship.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 906 (Person Entitled to Claim for Dissolution of Adoptive Relation) 

(1) If an adoptee is under 13 years of age, the person who has given permission under Article 869 (2) may claim for the dissolution of adoptive relation on behalf of the adoptee: Provided, That if there is no person entitled to claim dissolution of adoptive relation, a relative of the adoptee prescribed in Article 777 or an interested person may make a claim therefor.
(2) If an adoptee is a minor who is at least 13 years of age, the claim for dissolution of adoptive relation may be made with the consent of the parents who have given the consent under Article 870 (1): Provided, That if the parents have died or if the parents are unable to give such consent due to any other cause, the claim for dissolution of adoptive relation may be made without such consent.
(3) If the adoptive parent or adoptee is an adult ward, the claim for dissolution of adoptive relation may be made with the consent of the adult guardian.
(4) A public prosecutor may claim for the dissolution of adoptive relation for an adoptee who is a minor or adult ward.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]

Article 907 (Extinction of Right to Claim for Dissolution of Adoptive Relation) 
No person entitled to claim for the dissolution of adoptive relation shall claim for the dissolution of adoptive relation, if six months elapse from the day the person becomes aware of any cause prescribed in subparagraph 1, 2 or 4 of Article 905, or if three years elapse from the day such cause arises.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 908 (Provisions to be Applied Mutatis Mutandis)
Article 806 shall apply mutatis mutandis to the claims for damages from the judicial dissolution of adoptive relation.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]
Sub-Section 4 Full Adoption


Article 908-2 (Requisites, etc. for Full Adoption) 
(1) Any person who intends to make the full adoption of a child shall make a request to the Family Court for such full adoption upon meeting all of the following requirements:
1. The adoption shall be made jointly by the husband and wife who have been married for at least three years: Provided, That this shall not apply where either of the husband and wife who have been married for at least one year or more makes the full adoption of the other spouse's child as his or her one;
2. A child to be fully adopted shall be a minor;
3. Consent to such adoption shall be obtained from the natural parents of a child to be fully adopted: Provided, That the same shall not apply, if the parents are unable to give consent due to the declaration of the loss of parental authority, unknown whereabouts of the parents or by any other cause;
4. If a child to be fully adopted is at least 13 years of age, the adoption shall be permitted with the consent of the child's legal representative;
5. If a child to be fully adopted is under the age of 13, the child's legal representative shall permit the adoption on behalf of the child.
(2) The Family Court may accept the claim made under paragraph (1) even without the consent paragraph (1) 3 or 4 or the permission paragraph (1) 5 in any of the following circumstances. In such cases, the Family Court shall examine the person entitled to consent or permission:
1. Where the legal representative refuses to give consent or permission without any just ground: Provided, That if the legal representative is a person of parental authority, he/she shall have any cause referred to in subparagraph 2 or 3;
2. Where the natural parents have failed to perform the duty to foster the child or to exercise the visitation right for at least three years due to a cause attributable to themselves;
3. Where the natural parents have abused or deserted the child or otherwise have severely impaired the welfare of the child.
(3) The Family Court may reject the request made under paragraph (1) if such full adoption is deemed inappropriate for the welfare of the child to be adopted, taking into consideration the situation of the child's fostering, the motives of such full adoption, the prospective adoptive parents' competence for fostering the child, and other circumstances.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]

Article 908-3 (Effect of Full Adoption)

(1) The child adopted through full adoption shall be deemed to be born during the marriage of the adoptive parents.
(2) The kinship of the adopted child before such full adoption shall be terminated at the time such full adoption is decided upon a request made under Article 908-2 (1): Provided, That where one of husband and wife has made the full adoption of the other spouse's child as his or her one independently, the same shall not apply with respect to the relationship of the child with the other spouse and the other spouse's relatives.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]

Article 908-4 (Annulment, etc. of Full Adoption) 


(1) If the natural father or mother of a child to be fully adopted through full adoption fails to give consent referred to in the proviso to Article 908-2 (1) 3 due to any cause not attributable to himself/herself, he/she may make a request to the Family Court for annulment of such full adoption within six months from he/she becomes aware of such adoption.
(2) Articles 883 and 884 shall not apply to full adoption.
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 908-5 (Dissolution of Full Adoption) 


(1) The adoptive parent, adopted child, natural father or mother, or public prosecutor may apply to the Family Court for the dissolution of the full adoption in any of the following circumstances:
1. Where the adoptive parent has abused or deserted the adopted child or otherwise has severely impaired the welfare of the adopted child;
2. Where it is impossible to maintain the relation of the full adoption due to any act of immoral conduct which the adopted child has committed against the adoptive parent.
(2) The provisions of Articles 898 and 905 shall not apply with respect to the dissolution of full adoption.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


Article 908-6 (Provisions to be Applied Mutatis Mutandis) 
Article 908-2 (3) shall apply mutatis mutandis to the annulment of full adoption or the request for dissolution of full adoption under Article 908-5 (1) 2. <Amended by Act No. 11300, Feb. 10, 2012>
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


Article 908-7 (Effect of Annulment and Dissolution of Full Adoption) 


(1) If a full adoption is annulled or dissolved, the adoptive relation shall be terminated and the relationship of relatives before such full adoption shall be reestablished.
(2) In cases falling under paragraph (1), the annulment of full adoption shall not be effective, retroactively.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


Article 908-8 (Provisions to be Applied Mutatis Mutandis)
Except as otherwise expressly provided for in this Sub-Section, the provisions concerning adoption shall apply mutatis mutandis to full adoption unless they are contrary to the nature of such full adoption.
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


SECTION 3 Parental Authority
Sub-Section 1 General Provisions


Article 909 (Custodian)


(1) Parents shall have the parental authority of their minor child. In cases of an adopted child, the adoptive parents shall have the parental authority. <Amended by Act No. 7427, Mar. 31, 2005>
(2) The parental authority shall be jointly exercised by both parents during their marriage. If the parents fail to reach an agreement, the Family Court shall determine it upon the request of the parties.
(3) When one parent is unable to exercise the parental authority, the other shall exercise it.
(4) If a child born out of wedlock is legally recognized and his parents are to be divorced, the custodian shall be determined by an agreement between the parents, and, if such agreement cannot or would not be made, the Family Court shall designate the custodian upon the request of the parties or ex officio: Provided, That if the agreement between the parents harms children's welfare, the Family Court shall order to correct it or ex officio decide the custodian. <Amended by Act No. 7427, Mar. 31, 2005; Act No. 8720, Dec. 21, 2007>
(5) In cases of the annulment of marriage, judicial divorce, or action demanding affiliation, the Family Court shall ex officio determine the custodian. <Amended by Act No. 7427, Mar. 31, 2005>
(6) The Family Court may, if deemed necessary for the welfare of a child, alter the person of the parental authority to the other party upon request of a relative of the child within the fourth degree of relationship. <Newly Inserted by Act No. 7427, Mar. 31, 2005>
[This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]

Article 909-2 (Designation, etc. of Person of Parental Authority) 


(1) If a parent designated as the sole person of parental authority under Article 909 (4) through (6) has died, the surviving father or mother, the minor, or any of the minor's relatives may request the Family Court to designate the surviving father or mother as a person of parental authority, within one month after becoming aware of such fact or within six months from the date of death.
(2) If the adoption has been annulled or dissolved, or if both adoptive parents have died, one or both natural parents, the minor, or any of the minor's relatives may request the Family Court to designate one or both natural parents as a person or persons of parental authority, within one month after becoming aware of such fact or within six months from the date on which the adoption has been annulled or dissolved or both adoptive parents have died: Provided, That the same shall not apply where both adoptive parents of the fully adopted child have died.
(3) If no request for designation of a person of parental authority has been made within the period prescribed in paragraph (1) or (2), the Family Court may appoint a guardian of the minor either ex officio or upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor or the head of a local government. In such cases, he/she shall be given an opportunity to state his/her opinions unless the whereabouts of the surviving father or mother or one or both natural parents are unknown or where he/she fails to respond to a summon without any justifiable ground.
(4) The Family Court may reject the request for designation of a person of parental authority under paragraph (1) or (2) or for appointment of a guardian under paragraph (3), if such request is deemed inappropriate for the welfare of the minor, taking into consideration the intent and competence of the surviving father or mother or one or both natural parents for fostering the minor, motives of such request, intent of the minor and other circumstances. In such cases, the Family Court may appoint ex officio a guardian of the minor or designate the surviving father or mother or one or both natural parents as a person or persons of parental authority.
(5) The Family Court may appoint a person to perform the duties of the person of parental authority or guardian of the minor until the person of parental authority is designated or the guardian of the minor is appointed under paragraph (1) through (4), either ex officio or upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor or the head of a local government in any of the following circumstances. In such cases, Articles 25 and 954 shall apply mutatis mutandis to a person to perform such duties:
1. Where a sole person of parental authority has died;
2. Where the adoption has been annulled or dissolved;
3. Where both adoptive parents have died.
(6) Even if the guardian of a minor has been appointed under paragraph (3) or (4), the Family Court may terminate the guardianship upon the application of the surviving father or mother, one or both natural parents, or the minor, if necessary for the welfare of the minor, taking into consideration the situation of the minor's fostering, the changes in the competence for fostering the minor after the appointment of the guardian of the minor, the intent of the minor, and other circumstances, and designate the surviving father or mother or one or both natural parents as a person or persons of parental authority.
[This Article Newly Inserted by Act No. 10645, May 19, 2011]

Article 910 (Exercise of Child's Parental Authority) 
A person of parental authority shall exercise, in place of the child subject to his or her parental authority, parental authority over children of such child. <Amended by Act No. 7427, Mar. 31, 2005>


Article 911 (Legal Representative of Minor Child) 
The parent who exercises parental authority shall become the legal representative of his or her minor child.


Article 912 (Exercise of Parental Authority and Standards for Designation of Person of Parental Authority) 4


(1) In exercising parental authority, priority shall be given to the welfare of a child.
(2) In designating a person of parental authority, the Family Court shall give priority to the welfare of a child. For such purpose, the Family Court may seek counsel from experts in the related fields or social welfare agencies. <Newly Inserted by Act No. 10645, May 19, 2011>
[This Article Newly Inserted by Act No. 7427, Mar. 31, 2005]


Sub-Section 2 Effect of Parental Authority


Article 913 (Rights and Duties to Protect and Educate Child) 
A person of parental authority shall have rights and duties to protect and educate his or her child.


Article 914 (Right to Designate Place of Residence) 
A child shall reside at a place designated by a person of parental authority.


Article 915 (Right to Take Disciplinary Action)
The person of parental authority may, in order to protect or educate his or her child, take necessary disciplinary action against the child, and may entrust such child to a reformatory or correctional institution upon the approval of the court.


Article 916 (Child's Peculiar Property and Management thereof) 
Any property acquired under the name of a child shall be peculiar property of the child, and such property shall be managed by the person of parental authority who is the legal representative of the child.


Article 917 Deleted. <by Act No. 4199, Jan. 13, 1990> 


Article 918 (Management of Property Gifted to Child by Third Party)


(1) If a third party, in gifting a property to a child, has declared an intention to oppose the management of the property by the person of parental authority, the person of parental authority shall not manage the property.
(2) If, in case of paragraph (1), the third party has not designated a manager for the property, the court will appoint a manager upon the application of the child to whom the property has been gifted, or of any of its relatives pursuant to the provisions of Article 777.
(3) The same shall apply as prescribed in the preceding paragraph if, where the authority of the manager designated by the third party has been terminated, or if it becomes necessary to change manager, but the third party fails to appoint a new manager.
(4) The provisions of Article 24 (1), (2) and (4), former part of Article 25 and Article 26 (1) and (2) shall apply mutatis mutandis to the cases of paragraphs (2) and (3).


Article 919 (Mutatis Mutandis Application of Provisions concerning Mandate) 
The provisions of Articles 691 and 692 shall apply mutatis mutandis to the cases of property management as provided in Articles 916, 917, and 918.


Article 920 (Right of Representation by Person of Parental Authority with respect to Child's Property) 
The person of parental authority who is the legal representative of the child shall represent the child on juristic acts concerning the property of the child: Provided, That if an obligation is to be assumed requires any act of the child the consent of the child itself shall be obtained.


Article 920-2 (Effect of Act done under Joint Names by One of Persons of Joint Parental Authority) 
If both parents have parental authority, and one parent, under the names of both parents, represents its child or consents to a juristic act of the child, such representation or consent shall be valid even though it is contrary to the intention of the other parent except for the case where the other party is in bad faith.
[This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]


Article 921 (Acts of Conflicting Interest between Person of Parental Authority and Child, or among Children) 


(1) If a person of parental authority, who is the legal representative of a child, is to perform acts of conflicting interest between himself or herself and his or her child, he or she shall apply to the court for appointment of a special representative on behalf of the child.
(2) Where a person of parental authority, who is the legal representative of children, is to perform acts in which the interests of one child conflict with those of the other child or children, the person of parental authority shall, on behalf of one party, apply to the court for appointment of a special representative. <Amended by Act No. 7427, Mar. 31, 2005>


Article 922 (Duty of Person of Parental Authority to Pay Due Care and Diligence) 
If a person of parental authority exercises the right of representation on juristic acts or the right of property management for the children under his or her parental authority, he or she shall exercise such authority with the same care and diligence as he or she would do so on any acts regarding his or her own property.


Article 922-2 (Trial Substituting for Consent from Person with Parental Authority) 
Where the person with parental authority's failure to consent to an act that requires his/her consent, without any justifiable ground, is at risk of causing serious harm to the life, body, or property of a child, the Family Court may conduct a trial substituting for the consent from the person with parental authority, upon the application of the relevant child, the relatives of the child, a public prosecutor, or the head of a local government.
[This Article Newly Inserted by Act No. 12777, Oct. 15, 2014]


Article 923 (Account of Property Management)


(1) When the parental authority of a person who is the legal representative of a child has been extinguished, the person who has been exercising parental authority shall render an account of the property management of the child.
(2) In case of paragraph (1), the benefits accrued from the child's property shall be deemed to have been set-off against the expenses from bringing up the child and from managing the property: Provided, That this shall not apply to a property with which a third party, in gifting it to the child, has declared an intention contrary to such set-off.


Sub-Section 3 Loss of Parental Authority


Article 924 (Adjudication on Loss or Temporary Suspension of Parental Authority) 


(1) Where a father or mother has harmed or is likely to harm substantially the welfare of his/her child by abusing his/her parental authority, the Family Court may adjudicate on the loss or temporary suspension of parental authority, upon the application of the relevant child, any of the relatives of the child, a public prosecutor, or the head of a local government.
(2) In adjudicating on the temporary suspension of parental authority, the Family Court shall determine the period thereof giving due consideration to the condition of the child, the parenting practices of the child, and other circumstances. In such cases, such period shall not exceed two years.
(3) Where it is deemed necessary to extend the period of temporary suspension of parental authority for the welfare of a child, the Family Court may grant an extension by up to two years only on one occasion, upon the application of the child, any of the relatives of the child, a public prosecutor, the head of a local government, the guardian of the minor, or the supervisor of guardianship for the minor.
[This Article Wholly Amended by Act No. 12777, Oct. 15, 2014]


Article 924-2 (Adjudication on Partial Restriction of Parental Authority) 
Where a person with parental authority has harmed or is likely to harm the welfare of his/her child due to any cause making it impracticable or inappropriate for him/her to exercise his/her parental authority over a specific matter, such as designating the domicile for the child, disciplinary action, or any decision on the child's personal affairs, the Family Court may adjudicate on partial restriction on his/her parental authority, specifying the detailed scope thereof, upon the application of the child, any of the relatives of the child, a public prosecutor, or the head of a local government.
[This Article Newly Inserted by Act No. 12777, Oct. 15, 2014]


Article 925 (Adjudication on Loss of Rights to Represent and Manage Property) 
Where a person with parental authority who is a child's legal representative endangers the property of the child by mismanagement, the Family Court may, upon the application of any of the relatives of the child, a public prosecutor, or the head of a local government, adjudicate on the loss of the right to represent the child with respect to his/her juristic acts and the right to manage the child's property. <Amended by Act No. 12777, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 11300, Feb. 10, 2012]


Article 925-2 (Criteria for Determination, Including Adjudication on Loss of Parental Authority) 


(1) The adjudication on the loss of parental authority under Article 924 shall be made only where it is impossible to protect a child's welfare sufficiently by means of temporary suspension of parental authority under the same Article, partial restriction of parental authority under Article 924-2, adjudication on the loss of rights to represent and to manage property under Article 925 or any other measure.
(2) The adjudication on the temporary suspension of parental authority under Article 924, partial restriction of parental authority under article 924-2, or the adjudication on the loss of rights to represent and to manage property under Article 925 shall be made only where it is impossible to protect a child's welfare sufficiently by an adjudication substituting for a consent under Article 922-2 or any other measure.
[This Article Newly Inserted by Act No. 12777, Oct. 15, 2014]


Article 925-3 (Rights and Obligations of Parents) 
The adjudication on the loss, suspension or partial restriction of parental authority or on the loss of the rights to represent and to manager property under Article 924, 924-2 or 925 does not change any of the rights and obligations of a parent to his/her child.
[This Article Newly Inserted by Act No. 12777, Oct. 15, 2014]


Article 926 (Adjudication on Recovery of Lost Authority) 
Where the cause for adjudication made under Article 924, 924-2 or 925 has ceased, the Family Court may adjudicate on the recovery of the lost authority upon the application of the relevant child, any of the relatives of the child, a public prosecutor, or the head of a local government.
[This Article Wholly Amended by Act No. 12777, Oct. 15, 2014]


Article 927 (Surrender and Recovery of Right of Representation and of Property Management)4


(1) The person of parental authority who is the legal representative of the child may, if due reasons exist, surrender the right of representation on the juristic act of the child and the right of the management of property of the child upon the approval of the court.
(2) If the circumstances mentioned in paragraph (1) cease to exist, the person of parental authority may, upon the approval of the court, recover the right which he or she has surrendered.


Article 927-2 (Loss, Temporary Suspension, or Partial Restriction of Parental Authority and Designation, etc. of Person with Parental Authority) 


(1) Article 909-2 (1) and (3) through (5) shall apply mutatis mutandis where any of the followings applies to a father or mother who has become a sole person with parental authority or both adoptive parents (excluding adoptive parents of the fully adopted child) under Article 909 (4) through (6): Provided, That in cases falling under subparagraph 1-3, 2 or 3, the duties of the newly appointed person with parental authority or the guardian of the minor are limited to the acts permitted under the limited parental authority: <Amended by Act No. 12777, Oct. 15, 2014>
1. Where the loss of parental authority has been adjudged under Article 924;
1-2. Where the temporary suspension of parental authority has been adjudged under Article 924;
1-3. Where the partial restriction of parental authority has been adjudged under Article 924-2;
2. Where the loss of the rights to represent and manage property are adjudged under Article 925;
3. Where the rights to represent and manage property are surrendered under Article 927 (1);
4. Where any serious cause, such as unknown whereabouts, that incapacitates the exercise of the parental authority arises.
(2) Where any of the followings applies to a father or mother who has been a sole person with parental authority or one of or both adoptive parents after the person with parental authority was designated or the guardian of the minor was appointed under paragraph (1), the Family Court may designate a new person with parental authority upon the application of one of, or both parents, the minor or any of the minor's relatives:
1. Where the recovery of the lost right is adjudged under Article 926;
2. Where the surrendered right is recovered under Article 927 (2);
3. Where the parental authority becomes exercisable as the father or mother whose whereabouts have been unknown is found or by any other cause.
[This Article Newly Inserted by Act No. 10645, May 19, 2011]

Providing wise and experienced legal counsel to international families for many years

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Menu