South Korea e-Signature Compliance

Are e-signatures legal in South Korea? What laws regulate e-signatures?

E-signatures are legal in South Korea and are primarily regulated by the Electronic Signature Act (ESA), the Electronic Signature Certification Service Guidelines (the “Guidelines”), and the Framework Act on Electronic Documents and Transactions (FAEDT).

What is an e-signature in South Korea?

The ESA defines an electronic signature as “information in electronic form which is attached to or logically associated with an electronic document to identify the signatory and verify that the electronic document has been signed by the said signatory.

What are the types of e-signatures recognized in South Korea? What are the requirements for each type?

South Korea recognizes two types of e-signatures, namely digital signatures and certified digital signatures.

1. Digital Signatures

   Are information attached to or logically combined with an electronic message in digital form to identify the signatory and verify that the electronic message has been signed by the signatory.

   Digital signatures other than certified digital signatures shall have the effect of signatures, seals or names and seals as agreed by the parties concerned.

2. Certified Digital Signatures

Are digital signatures that meet the following requirements and are based on authorized certificates:

*   The digital signature creation key shall be held by the subscriber only and shall be known only to the subscriber;

*   The subscriber shall control and manage the digital signature creation key at the time of signing;

*   It must be determined whether the digital signature has been changed after it has been affixed;

*   It must be determined whether the electronic message has been changed in any way after the digital signature has been affixed.


Although advanced electronic signatures do not have additional presumptions of validity over standard electronic signatures, the fact that advanced electronic signatures are certified by a certification provider may provide stronger evidence of validity than standard electronic signatures in the event of a dispute.

In what scenarios are traditional signatures required in South Korea?

The FAEDT and the ESA do not explicitly prohibit the signing of any document or agreement in electronic form. However, under the FAEDT, a document may be denied legal effect if other applicable laws or regulations provide that the electronic document cannot be signed or executed electronically. Examples provided under the FAEDT include:

• Documents evidencing the intention of a guarantor to provide a guarantee or guarantee (Article 428(2)(1) of the Civil Code), except for documents prepared by the guarantor for his or her business purposes (Article 4(2) of the FAEDT)
• Holographic wills (Article 1066 of the Civil Code)
• Surety contracts
• For documents related to corporate resolutions, electronic signatures are generally permitted in the minutes of shareholders’ meetings or board of directors’ meetings. However, if such corporate resolutions include “registrable matters” and the relevant documents must be submitted to the company’s registration court, such documents shall in fact be affixed with a personal or corporate seal instead of an electronic signature.