When Korean nationals, foreign nationals, or overseas Koreans residing abroad engage in the purchase or sale of domestic real estate or contracts, in situations where it is difficult to visit the transaction location in person, a procedure is required to delegate legal authority to a trustworthy agent.

The document that must be prepared at this time is a power of attorney, and in order for the power of attorney to have international legal effect, it must go through proper notarization and apostille or consular verification procedures.

Apostille core concepts

The need for notarization and apostille

A power of attorney is a private document written by the person himself, not an official document issued by a government agency. Therefore, its authenticity must be verified through notarization to be recognized as legally valid.

Apostille certification is a system by which the issuing government verifies that the underlying document is not forged. For example, if a power of attorney notarized in the United States receives an apostille certification, it will be recognized as an official document in Korea and other signatory countries. Powers of attorney issued overseas must undergo both notarization and apostille procedures to be valid in Korea.

Required items when writing a power of attorney

The power of attorney must include the following items:
• Information of the agent: name (English and Korean), date of birth, nationality, local address, contact information, handwritten signature
• Information of the agent (representative): name, resident registration number, domestic address, contact information
• Delegated duties: Conclusion of real estate sales contracts, tax payment and reporting, issuance of real estate registration number, overseas remittance, etc.

Overseas notarization procedures

Overseas notarization generally proceeds through the following procedures.

1. Write the power of attorney in the language of the country in question or in both English and Korean.
2. Visit a local notary office with your passport and sign in person.
3. After the notary public confirms the power of attorney in person, he/she notarizes the power of attorney.

Apostille and consular verification procedures

The authentication method for notarized documents varies depending on whether the country is a party to the Apostille Convention.

• Apostille Convention member countries: Apply for an apostille to the relevant government office (Secretary of State) after notarization.
• Non-Apostille Convention countries: Consular verification is required at the Korean consulate after notarization.

Document submission and domestic practical use

Documents that have been apostilled or have been certified by a consular officer must be sent to the domestic agent.

• After notarization and apostille are completed, the original document is delivered to the domestic agent via international mail.
• The agent handles legal matters such as sales contracts, registration, tax reporting, and overseas remittances.
• Transaction schedule can be coordinated by sending a PDF or photo copy to the agent in advance before sending the original.