Why Notarization in Korea May Be Rejected - and What Actually Works
Hello,
This is Jinah Kim, a Certified Translator and Licensed Administrative Attorney at LnA Certified Public Translation & Administrative Firm
Recently, I handled a case involving a client who needed to submit identity documents (passport and driver’s license) to Australia in connection with a change of shareholder details for an Australian company.
The client had already visited a Korean notary office and completed notarization after paying the required fees. However, the documents were ultimately rejected by the Australian accountant on the grounds that “the format was not acceptable.”
Why does this happen? And how can you avoid unnecessary delays, costs, and frustration?
Why Notarized Documents from Korea May Be Rejected in Australia
Under Korean notarial practice, government-issued identity documents themselves (such as passports or driver’s licenses) are not subject to notarization.
Instead, what is commonly done in practice is a “statement-based notarization”:
The document holder declares:
“This copy is identical to the original.”The notary then notarizes the statement, not the document itself.
This approach is legally valid within Korea.
However, this does not meet the requirements of many foreign authorities, particularly in common law jurisdictions such as Australia or the United Kingdom.
What Foreign Authorities Actually Require
In contrast, Australian authorities typically require a “Certified True Copy”, which must be completed by an authorized certifier.
The requirement is not based on the applicant’s statement, but on direct verification by a qualified third party.
A typical requirement reads as follows:
An authorised certifier in the presence of the applicant should certify that each copy is a true and correct copy of the original document, by stamping, signing and annotating the copy of the identity document to state “I have sighted the original document and certify this to be a true and correct copy of the original document sighted”, initialling each page and listing their name, date of certification, telephone number and position.
In practice, this means:
The certifier must personally sight the original document
The certifier must write a specific certification statement
Each page must be signed or initialled
The following details must be included:
Name of certifier
Date of certification
Contact number
Position or qualification
Most Korean notarial formats do not fully satisfy these detailed requirements, which leads to rejection overseas.
The Core Issue: A Structural Difference in Legal Systems
The problem arises from a structural mismatch between systems:
Korea: Statement-based notarization (declarative approach)
Australia / UK: Certifier-based verification (objective third-party confirmation)
Because of this difference, even properly notarized documents in Korea may still be rejected abroad.
Why a Licensed Administrative Attorney Is the Appropriate Solution
This is precisely where a Licensed Administrative Attorney specializing in foreign language translation plays a critical role.
Under Korean law (Administrative Attorneys Act), a licensed administrative attorney (as called Haeng-jeong-sa) is authorized to issue a Certificate of Fact Confirmation, which includes verification that:
A copy matches the original document
The certifier has personally confirmed the original
When properly structured, this certification fulfills the “Certified True Copy” requirements used in Australia and similar jurisdictions.
How the Certification Was Completed in This Case
In this case:
The client visited the office in person
The original identity documents were inspected directly
Color copies were prepared for clarity and readability
A customized certification statement was drafted to meet Australian requirements
The certification included all required elements:
Statement of sighting the original
Signature and seal
Certifier’s details
Page-by-page confirmation
As a result, the documents were prepared in a format that allows immediate review and acceptance by the overseas authority.
Practical Advice for Overseas Submission
If you are preparing identity documents for submission abroad:
Do not assume notarization alone is sufficient
Always check the exact certification requirements of the receiving authority
Ensure the format complies with “Certified True Copy” standards where required
Failing to do so may result in:
Rejection of documents
Additional costs
Delays in processing
Conclusion
Certification requirements vary significantly depending on the country and the purpose of submission.
Before proceeding, it is highly advisable to consult with a professional who understands both:
Korean legal certification frameworks, and
International document requirements
This will ensure your documents are accepted without unnecessary delays or complications.
