토지거래규제와 등기 -토지거래 간접규제로서의 인감증명제도 개편논의-

Abstract

Since the seal certification system was enforced in 1914 through the seal impression certificate Rule, it has played an important role during 100 years thereafter as data for certifying the identity of a certificate itself in a nation's tutelary position on a private seal and securing the authenticity of a transaction party as a main body and confirming any transaction decision as well as a role of an indirect regulation on any land transaction. Until now, the seal impression certificate system has been continuously improved because of some problems due to the provision of causes to generate damage to the people's property as well as the severe administrative regulation on private transaction system. However, since only its improvement reaches a limit, the people has been gradually aware of any necessity for the replacement of such seal impression certificate system. Thus, Korean government has considered introducing a signature verification system, etc. as a plan to replace the seal impression certificate system and put the legislative notice of the Act on the Signature Verification System, Etc. in order to prepare the legal basis about such replacement. The signature verification system is a temporary system which will be operated until any plan to secure the reliability of private transaction such as a notarial act, etc. gets firmly fixed. Since any application?issuance by proxy shall be prohibited and the person himself goes to a competent authority under the system, some public inconvenience may be happened rather than a seal impression certificate system in which a seal impression certificate by proxy can be issued. In order to deal with such problems, some measures for ① overseas Korean, domestic residence reporter (overseas Korean, foreign country citizenship Korean), foreigner. etc, ② prisoners, ③ military person, ④ non-behavior, etc. are established. However, since there remains continuously a problem in which it is difficult for a common people to visit directly any competent authority, Korean government comes to introduce a signature verification system for the purpose of making the policy decision of an electronic government plan and increasing public conveniences. However, since it has a problem in which a user's application for prior use shall be made in a competent authority, it may be deemed as another administrative regulation. Specially, in case of using an electronic registry during a registration application, the same procedure shall be again performed in the electronic registry. Thus, any procedural redundancy problem can be raised. In case of enforcing currently such system, it is necessary to operate tentatively a user prior registration procedure. However, in the event that some conditions are met, it is required to cancel the user prior registration procedure. Additionally, the common problem of both systems is the organizational problem of a part for an intended use relating to a real property. It is thought to be reasonable to divide simply real property sale and other parts as much as possible. Regarding the relation with the registration, the signature verification system, etc. can be used in a part in which current seal impression certificate system is used. Specially, since the electronic seal impression certificate shall be directly checked by a competent authority in a civil appeal 24 portal, it is necessary to consider a plan to attach automatically an electronic seal impression certificate through information sharing in an electronic registry in case of a real property digital registration application.