Independent representation

A legal entity, whether it is a jurisdic person or an unincorporated body, shall be represented by a natural person. In some cases, such representation may be shared by two or more persons.

Independent representation (각자대표 各自代表) is referred to a situation where each representative shall stand independently among several representatives for such legal entity subject to the articles of incorporation or general shareholders' meeting of such entity. Article 59 (1) of the Civil Act, Article 389 (2) of the Commercial Act.

Whether the representation shall be conducted independently or jointly may be checked by looking into the relevant registry or the articles of incorporation of the said entity.

Independent agency
An independent agency (각자대리 各自代理) is referred to the case where several agencies separately and independently represent the principal. This is based upon the presumed intention of the principal and for the sake of transactional convenience.

However, if the law provides for otherwise, e.g., joint exercise of parental rights by parents as stated in Article 909 (2) of the Civil Act, or the delegation of authority has mandated the joint representation, those two or more agents shall jointly represent the principal.