(As of January 8, 2024)
Finding a Notary Office
Notarization can be obtained by anyone at a notary office authorized by the Minister of Justice. It's important to note that notary fees are determined by the Ministry of Justice under Article 7 of the Notary Public Act and are uniform nationwide. Therefore, there's no need to visit a notary office far away; a nearby office will suffice.
Law firms or legal offices that are not authorized notaries do not conduct notarization. Typically, notary offices authorized to perform notarial duties are easily distinguishable by phrases like "Authorized Notary" or "Notary Public Office" in their names.
For instance, the law firm Changchun where I work does not provide notarization services. If it did, it would be named "Authorized Notary Law Firm Changchun."
Distinguishing Between Public Deeds and Authentication on deeds signed by a private person
A common misconception among non-legal professionals is confusing Authentication on deeds signed by a private person with notarization. Often people go for "notarization" only to find out they've obtained Authentication on deeds signed by a private person instead of a public deed.
To summarize briefly, a public deed is a document directly drafted by a notary, serving as a powerful legal document. If the public deed contains an agreement for enforced execution by the debtor, it has the same effect as a final court judgment, allowing for immediate enforcement actions like seizure or collection without additional trials.
Authentication on deeds signed by a private person involves authenticating a document that an individual has written and signed in front of a notary. This only verifies the authenticity of the document's creation, not its content. While Authentication on deeds signed by a private person doesn't carry the same enforced execution power as a public deed, such authenticated documents are recognized in legal proceedings as being created under the true intent of the parties involved.
Misconceptions about Notarization
The term "notarization" can sometimes refer to Authentication on deeds signed by a private person. However, many people mistakenly believe that Authentication on deeds signed by a private person enables enforced execution as a public deed does, which is not the case. It's important to clearly understand these differences.
Fees for Public Deeds and Authentication on deeds signed by a private person
The costs for obtaining public deeds and Authentication on deeds signed by a private person differ. As mentioned, the fees for both are regulated and uniform across all notary offices, but there is a difference in fees between the two documents.
The fees for public deeds are as follows (according to the Notary Fees Regulation, Article 2). Additional fees may apply if the document exceeds four pages, and fees can vary based on the value or nature of the rights involved.
| For the purpose of the legal act or the value of bills and checks: | Fees |
| Up to 2 million won | 12,000 won |
| Up to 5 million won | 22,000 won |
| Up to 10 million won | 33,000 won |
| Up to 15 million won | 44,000 won |
| Above 15 million won | An additional 0.15% of the excess amount, not exceeding 3,000,000 won |
The fee for Authentication on deeds signed by a private person is set at 50% of the public deed fee, not exceeding 500,000 won (Notary Fees Regulation, Article 20, Clause 1).
Required Documents for Public Deeds and Authentication on deeds signed by a private person
In principle, no additional documents other than identification are needed for drafting public deeds, as the parties involved must be present. In contrast, for Authentication on deeds signed by a private person, at least two copies of the document (one for the notary's records and one to be given back) are needed. It's advisable to bring "the required number of copies + 1." The parties must also bring their IDs if attending in person.
If it's difficult to attend in person, a notarized power of attorney (using the form provided by the notary office) and a personal seal certificate are necessary. However, the best approach is to contact the notary office in advance to confirm the required documents, as some offices may request additional documentation.
The Execution of Public Deeds
As mentioned earlier, Authentication on deeds signed by a private person does not allow for enforced execution. In contrast, public deeds can be enforced. Enforced execution refers to the creditor unilaterally executing the payment of debts as specified in the public deed if the debtor fails to pay. This is possible because a public deed carries the same legal effect as a final court judgment.
To execute a public deed, one must apply for an "execution clause" at the notary office that issued the deed. The notary office will issue an execution clause, which can then be attached to an application for seizure or other enforcement actions at the court. Note that the execution clause can only be issued seven days after the public deed's creation date.
The Practical Benefits of Public Deeds
The real benefit of drafting a public deed lies in its immediate enforceability without the need for a separate trial. A typical civil lawsuit takes at least three months to a year, and if any party deliberately prolongs the case, it can extend to two to three years.
Therefore, even if one is entitled to a civil claim, it takes a long time to receive a court judgment for enforced execution. By drafting a public deed, immediate seizure is possible without a trial. Conversely, if the debtor's intention to pay is clear, there's no reason not to agree to the creation of a public deed, making it a reliable means of predicting the debtor's willingness to pay.