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Sample Korea Judicial Scrivener Practice Questions

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1Under Article 103 of the Civil Act (Juridical Acts Contrary to Public Policy), which of the following agreements is null and void ab initio (무효) as contrary to good morals and social order?
A.A standard commercial lease agreement for an office in downtown Seoul
B.A contract promising to pay a substantial monetary bounty to a witness in exchange for delivering perjured testimony in court
C.A bank loan agreement providing for the statutory default interest rate
D.A residential sale agreement stipulating a standard 10% earnest money deposit
Explanation: Under Article 103 of the Civil Act, a juridical act contrary to good morals and social order is absolute nullity (반사회질서의 법률행위). An agreement promising monetary compensation in exchange for false courtroom testimony subverts the administration of justice and is void ab initio.
2Under Article 104 of the Civil Act (Unfair Juridical Act / 불공정한 법률행위), what tripartite elements must be established to render a contract void?
A.The contract must involve foreign currency, written in ink, and witnessed by three notaries
B.There must be a conspicuous disproportion between performance and counter-performance, resulting from the other party exploiting the victim's rashness (경솔), distress (궁박), or inexperience (무경험)
C.The contract must be executed on a national public holiday without court permission
D.The contract must have been drafted by a non-licensed individual
Explanation: Article 104 provides that a juridical act which has conspicuously lost fairness through the distress, rashness, or inexperience of a party shall be void. Supreme Court precedent establishes that 'distress' includes economic, physical, or psychological emergencies, and the beneficiary must have known and exploited such vulnerability.
3Under Article 109 of the Civil Act (Declaration of Intention Under Mistake / 착오로 인한 의사표시), under what condition is a party precluded from rescinding a contract entered into under a mistake in an essential element?
A.When the mistake was caused by the party's own gross negligence (중대한 과실)
B.Whenever the contract involves real property valued above KRW 50,000,000
C.Whenever the rescinding party is an incorporated commercial company
D.Whenever the other party refuses to consent to the rescission
Explanation: Under Article 109(1) proviso of the Civil Act, a declaration of intention made under a mistake in any essential element of the juridical act may be rescinded; provided, that if the mistake was caused by gross negligence (중대한 과실) on the part of the declarant, they shall not rescind it (unless the counterparty knew of the mistake and maliciously took advantage of it).
4Under Article 126 of the Civil Act (Apparent Representation Exceeding Authority / 권한을 넘은 표현대리), what must the third party prove to hold the principal bound by the unauthorized acts of the representative?
A.That the representative had no basic power of representation whatsoever
B.That the representative possessed basic authority of representation (기본대리권), and the third party had justifiable grounds (정당한 이유) to believe that the representative had the authority to perform the specific act in question
C.That the principal was traveling outside the country at the time
D.That the representative was the spouse of the third party
Explanation: Article 126 requires: (1) an existing basic power of representation (which can arise from daily household affairs representation, statutory representation, or basic mandate), (2) an act exceeding that authority, and (3) justifiable grounds for the third party to believe the representative had authority at the time of the act.
5Under Article 162(1) of the Civil Act and Article 64 of the Commercial Act, what are the respective general extinctive prescription (소멸시효) periods for civil monetary claims versus commercial claims?
A.Civil claims: 1 year; Commercial claims: 1 year
B.Civil claims: 10 years; Commercial claims: 5 years
C.Civil claims: 20 years; Commercial claims: 10 years
D.Civil claims: 3 years; Commercial claims: 5 years
Explanation: Under Article 162(1) of the Civil Act, a general civil claim is extinguished if not exercised for 10 years. Under Article 64 of the Commercial Act, a claim arising from a commercial act is extinguished if not exercised for 5 years, unless a shorter period is provided by law.
6Under Article 186 of the Korean Civil Act (Effect of Real Right Changes over Real Property), when does the acquisition or transfer of a real property right (물권변동) take legal effect between parties?
A.Immediately upon signing an informal private contract
B.Upon payment of the initial down payment (계약금)
C.When the transfer is officially registered in the public Real Estate Register (등기하여야 그 효력이 생긴다)
D.When the buyer takes physical possession of the front door keys
Explanation: Korea follows the principle of formalistic real right alteration (성립요건주의 / 형식주의): under Article 186, the acquisition, transfer, or loss of real property rights by juridical acts takes effect only upon official registration in the real estate register.
7Under Article 245(1) of the Civil Act, what are the statutory requirements for acquiring ownership of real property through 'Possessory Acquisitive Prescription' (점유취득시효)?
A.Peaceful and open possession with the intention of ownership (소유의 의사) for an uninterrupted period of 20 years, followed by registration of title
B.Possession for 5 years with a written lease agreement
C.Possession for 10 years by registered title holder without actual physical occupancy
D.Occasional weekend farming for 3 consecutive seasons
Explanation: Under Article 245(1), a person who has for 20 years peaceably and openly possessed real property with the intention of ownership (자주점유) acquires title by completing registration thereof. The claim is a personal claim for registration against the registered owner at the time prescription expires.
8Under Article 256 of the Civil Act (Accession to Real Property / 부동산에의 부합), when does a thing attached to an immovable NOT belong to the owner of that immovable?
A.Whenever the owner of the immovable is absent from the country
B.When the attached thing was affixed by another person based on a legitimate legal title (권원에 의하여 부속된 것), provided it retains its independent economic identity
C.Whenever the attached item costs more than KRW 1,000,000
D.Only when the immovable is owned by the municipal government
Explanation: Article 256 provides that the owner of an immovable acquires ownership of anything attached thereto; provided, that this shall not apply to things attached by another person by virtue of a title (권원에 의하여 부속된 것) that retain independent structural and economic identity (e.g. fixtures added by a lawful lessee).
9Under Article 358 and Article 359 of the Civil Act, what is the scope of a registered hypothec (저당권) over fruits (과실) generated by mortgaged real property?
A.A hypothec extends to all natural fruits collected by the mortgagor at any time, even before default
B.A hypothec does not extend to fruits until after the mortgaged property has been placed under court seizure (압류) in execution proceedings
C.A hypothec never extends to fruits under any circumstances
D.Fruits belong exclusively to the local district tax office
Explanation: Article 359 of the Civil Act establishes that a hypothec shall extend to fruits that the mortgagor receives or is entitled to receive from the mortgaged property after attachment (seizure / 압류) has been effected in execution, but not prior to seizure.
10In a root-mortgage (근저당권 / Article 357 of the Civil Act), what is the legal effect when the principal secured claim is 'determined' (피담보채권의 확정)?
A.The root-mortgage is instantly extinguished and cancelled from the register
B.The revolving nature of the root-mortgage terminates, and it is converted into an ordinary fixed hypothec (보통저당권) securing the fixed debt balance up to the maximum limit (채권최고액)
C.The maximum debt limit automatically doubles
D.The debtor is exempt from paying any accrued interest
Explanation: Upon determination (확정), the root-mortgage loses its revolving characteristic (under which future debts could continuously enter). It converts into a standard fixed hypothec, locking in the existing principal balance, interest, and penalties up to the registered maximum debt amount (채권최고액). Any new advances made after determination are not secured.

About the Korea Judicial Scrivener Exam

The Korean Judicial Scrivener Examination (법무사시험) is a premier national judicial qualification administered directly by the Supreme Court of Korea. Judicial scriveners specialize in court document preparation, real estate conveyancing and registration, commercial entity registration, compulsory civil execution auctions, and court deposit procedures.

Exam sponsor: Supreme Court Court Administration Office (대법원 법원행정처). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Two-stage judicial licensure examination: Stage 1 (200 MCQs across 2 sessions of 120 minutes testing Constitutional, Commercial, Civil, Family Registration, Civil Execution, Commercial Registration, Real Estate Registration, and Deposit Law); Stage 2 (Subjective essay and legal document drafting in Civil Law, Criminal Law, Civil Procedure, Civil Execution, and Real Estate Registration applications).

Time Limit

240 minutes total (two 120-minute sessions of 100 questions each on a single day)

Passing Score

Minimum of 40% per subject group (과락 40점 방지); Stage 1 admits roughly three times the final quota by combined score, and Stage 2 selects within the annual quota, set at 140 for the 32nd examination in 2026

Exam / Certification Fees

KRW 20,000 for Stage 1 (KRW 40,000 for Stage 2)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

30% of bank (30 questions)

Civil Law & Family Relations Registration (민법 및 가족관계등록법)

Substantive Civil Act property rights, hypothecs, contractual remedies, torts, inheritance, and the Act on the Registration of Family Relations.

25% of bank (25 questions)

Real Estate & Commercial Registration (부동산등기법 및 상업등기·비송사건)

Real Estate Registration Act application procedures, provisional registrations, cancellations, trust registrations, and Commercial Registration Act provisions.

25% of bank (25 questions)

Civil Execution Act & Deposit Law (민사집행법 및 공탁법)

Civil Execution Act compulsory execution, real estate judicial auctions, dividend distribution ranking, provisional remedies, and Deposit Act procedures.

20% of bank (20 questions)

Constitutional Law & Commercial Law (헌법 및 상법)

Constitutional principles, judicial independence, Supreme Court jurisdiction, and Commercial Act general transactions, corporate formation, and governance.

Preparing for the Korea Judicial Scrivener Exam

What You Need to Know

  • Passing score: Minimum of 40% per subject group (과락 40점 방지); Stage 1 admits roughly three times the final quota by combined score, and Stage 2 selects within the annual quota, set at 140 for the 32nd examination in 2026
  • Assessment: Two-stage judicial licensure examination: Stage 1 (200 MCQs across 2 sessions of 120 minutes testing Constitutional, Commercial, Civil, Family Registration, Civil Execution, Commercial Registration, Real Estate Registration, and Deposit Law); Stage 2 (Subjective essay and legal document drafting in Civil Law, Criminal Law, Civil Procedure, Civil Execution, and Real Estate Registration applications).
  • Time limit: 240 minutes total (two 120-minute sessions of 100 questions each on a single day)
  • Exam / certification fees: KRW 20,000 for Stage 1 (KRW 40,000 for Stage 2) Official sources

Using Our Practice Resources

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Frequently Asked Questions

What is the professional scope of a Korean Judicial Scrivener (법무사)?

Judicial Scriveners are legal professionals licensed by the Supreme Court to draft and submit documents to courts and prosecutorial offices, represent clients in registration of real estate and commercial corporations, conduct court auction filings and bid representation, and handle official deposit procedures.

How is the Judicial Scrivener Exam structured compared to the Bar Exam?

While the Bar Exam covers general substantive legal theory for litigation advocates, the Judicial Scrivener Examination focuses intensively on procedural and registry statutes—specifically the Real Estate Registration Act, Civil Execution Act, Commercial Registration Act, and Deposit Act—which constitute the majority of the Stage 1 examination.

Is the official examination administered in English?

No, the official examination is administered exclusively in Korean. This OpenExamPrep practice bank provides an independent English study adaptation designed for foreign legal consultants, cross-border conveyancers, and bilingual legal scholars studying Korean property and execution law.

What is the passing cutoff for Stage 1?

Candidates must achieve at least 40% in each of the four subject groups to avoid automatic disqualification (과락). Successful first-stage examinees are then selected on total score, up to roughly three times the final annual quota — about 420 candidates against the quota of 140 announced for the 32nd examination in 2026.