Question 1

Do I need a Korean seal certificate if I live overseas as a 재외국민?

Accepted Answer

Yes, for a sale-based ownership transfer (as seller) or an agreed-division inheritance registration (as any heir) — but while abroad, you can substitute a Korean consulate's certification for the domestic seal certificate under the Notarial Act for Overseas Diplomatic Missions.

Question 2

Do siblings still have forced-heirship (유류분) rights in Korea?

Accepted Answer

That provision was struck down as unconstitutional in 2024 and the legislature has until 2025.12.31 to amend the law — don't assume the old rule automatically continues unchanged.

Question 3

Does a gift registration need the same seal certificate as a sale registration?

Accepted Answer

Yes — the donor needs a valid seal certificate (or the consular-notarization substitute if they're a 재외국민 abroad), and the recipient needs valid address-proof documents, following the same rules as a purchase registration.

Question 4

I'm a student/expat worker living abroad — am I a 재외국민?

Accepted Answer

No. 재외국민 requires either actual permanent residency abroad or genuine intent to reside permanently — study-abroad and posted-work stays are both expected to end, so neither qualifies, no matter how long the stay.

Question 5

Do I need translation-notarization or straight apostille for my document?

Accepted Answer

It depends on the document type. Public documents (government-issued, or from an agency operating under delegated government authority) can often go straight to apostille. Private documents need notarization first — and if a translation is involved, the notarization confirms the translator's sworn accuracy statement, not a review of translation quality.

Question 6

Can a foreign national own 100% of a Korean company?

Accepted Answer

Yes — the Foreign Investment Promotion Act guarantees foreign investors the same right as Korean nationals to a wholly foreign-owned local entity.

Question 7

Does reappointing the same director (중임) still need a registration filing?

Accepted Answer

Yes — this is the most common misconception. Reappointing the same person to the same role still requires registration within 2 weeks, even though nothing about the officer actually changed.

Question 8

I can't find any real estate or bank accounts under the debtor's name — what should I do first?

Accepted Answer

File for asset disclosure (재산명시신청) with an enforceable title — a judgment, payment order, or notarized deed. A private credit check often misses co-owned, recently acquired, or unmortgaged rural property, so court-ordered disclosure catches more than a credit search alone.

Question 9

I have 2 minor children and I'm considering personal rehabilitation — can I get a repayment term shorter than 3 years?

Accepted Answer

Possibly, under a Seoul Rehabilitation Court rule revised in December 2024 — the minor-children threshold for a shortened repayment term was lowered from 3+ children to 2+ children. Confirm current eligibility with a filing, since practice rules can be updated further.

Question 10

How do I actually detect a split-mortgage (쪼개기대출) scheme before signing a lease?

Accepted Answer

When pulling the registry certificate online, specifically check the 공동담보목록 (joint mortgage list) box — the standard printout won't show it by default. This reveals whether the mortgage you see covers the whole building or just a fragment of it structured to look smaller.

Foreign Property Registration in Korea.

How It Works

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Talk to
JOYCE Legal Advisory & Certified Public Translation Office

Foreign Property Registration in Korea.

How It Works

Our Services

Talk toJOYCE Legal Advisory & Certified Public Translation Office

Talk to
JOYCE Legal Advisory & Certified Public Translation Office