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Laws of the Republic of Korea |
1
ACT ON RAISING LUMP-SUM OF SAVINGS OF FARMING AND FISHING HOUSEHOLDS
Act No. 3797, Dec. 23, 1985
Amended by Act No. 4806, Dec. 22, 1994
Act No. 5454, Dec. 13, 1997
Act No. 5505, Jan. 13, 1998
Act No. 6736, Dec. 5, 2002
Act No. 6838, Dec. 30, 2002
Act No. 7311, Dec. 31, 2004
Act No. 8050, Oct. 4, 2006
Act No. 8863, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Act is not only to create a stable living base for the farmers and fishermen by supporting the gathering of their property and enhancing their will to save, but also to induce them to contribute to the development of the agricultural, fishery and livestock industries by inducing their earnings to the savings to increase the supply of agricultural, fishery and livestock funds.
Article 2 (Definitions)
(1) The term "savings institutions" in this Act means the things as prescribed
by the following subparagraphs: 1. The local agricultural cooperatives established under the Agricultural
Cooperatives Act;
2. The fisheries cooperatives by region and the fisheries cooperatives by
business types established under the Fisheries Cooperatives
Act; and
3. The livestock industry cooperatives by region and the livestock industry
cooperatives by business types established under the
Livestock Industry
Cooperatives Act.
(2) The term "farmers and fishermen" in this Act means persons as prescribed
by Presidential Decree as the persons of the following
subparagraphs:
1. The farmers as prescribed by Article 10 (2) of the Agricultural
Cooperatives Act;
ACT ON LUMP SUM-RAISING SAVINGS OF FARMING AND FISHING
HOUSEHOLDS
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2. The fishermen as prescribed by subparagraph 3 of Article 2 of the
Fisheries Cooperatives Act; and
3. The stockbreeders as prescribed by Article 2 (1) 2 of the Livestock
Industry Cooperatives Act.
(3) The term "raising lump-sum savings of farming and fishing households"
in this Act means the savings of the farmers and fishermen
for the purposes
of receiving the principal and interest of the savings, and the savings
bounty in cash after the savings for a
given period.
Article 3 (Preferential Support)
(1) The Government, the Bank of Korea and the savings institutions shall
preferentially take the necessary measures for support
of the stable
livelihood of farmers and fishermen, encourage them to save and amass
property, and then put them in practice.
(2) Savings institutions shall perform the procedures and method of the
savings faithfully under this Act and the orders under this
Act, and provide
the other necessary conveniencies for the farmers and fishermen saving
up for the raising lump-sum savings of
farming and fishing households
(hereinafter referred to as the "raising lump-sum savings") under the
provisions of this Act from
the conclusion of the savings contract until
receipt of the principal and interest of the savings and the savings bounty
after
the expiration of the savings contract period.
Article 4 (Contract for Raising Lump-Sum Savings)
(1) Farmers and fishermen who
intend to save the raising lump-sum savings
shall enter into the contract with the savings institutions.
(2) The saving amount
of the farmers and fishermen, period of savings,
method of savings and other matters necessary for the savings contract
shall be
prescribed by Presidential Decree.
Article 5 (Effect of Savings Contracts)
(1) In cases where farmers and fishermen have not fallen under the farmers
and fishermen as prescribed by Article 2 (2) after entering
into a contract
for raising lump-sum savings, the farmers and fishermen shall be deemed
as the farmers and fishermen under this
Act until the period of the savings
contract expirer.
(2) No saving institutions shall change the payment rate of the interest
for the savings amount nor other conditions for the raising
lump-sum savings
to be more disadvantageous than those as determined at the time of such
ACT ON LUMP SUM-RAISING SAVINGS OF FARMING
AND FISHING
HOUSEHOLDS
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savings contract until the expiration of the period of the savings contract.
Article 6 (Savings Bounties)
The Government shall, when farmers and fishermen have saved for a given
period under the savings contract as prescribed by Article
4, pay a savings
bounty as prescribed by Presidential Decree other than the payment of
interest, etc. for the amount of savings
by the savings institutions. In
such cases, the Government shall not change the payment rate or payment
method of the savings bounty
to be more disadvantageous than those as
determined at the time of the savings contract until the expiration of the
period of such
saving contract.
Article 7 (Savings Bounty Fund)
(1) The Government shall establish the bounty fund (hereinafter referred
to as the "Fund") for the raising lump-sum savings of farming
and fishing
households to pay the savings bounty as prescribed by Article 6.
(2) The fund shall be created by the financial resources
of the following
subparagraphs:
1. Contributions of the Government;
2. Contributions of the Bank of Korea; and
3. Operating profits of the fund.
(3) The Government shall contribute more than one half of the amount
required for the savings
bounty each year, and cover all amounts of deficit
incurred from the operation of the fund in the following year.
(4) The Bank
of Korea shall contribute the necessary amount of money
according to the plan for fund raising and operation as prescribed by Article
9 from its surplus and reserve each year with the resolution of the Monetary
Policy Committee until the fiscal year when the payment
of the savings
bounty under this Act has expired.
(1) The Fund shall be operated and managed by the Financial Services
Commission.
(4) The fund shall be operated by the methods prescribed by the following
ACT ON LUMP SUM-RAISING SAVINGS OF FARMING AND FISHING
HOUSEHOLDS
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subparagraphs: 1. Deleted. 2. Purchasing of national bonds, local government bonds, monetary
stabilization bonds of the Bank of Korea and other securities as
designated by the Financial Services Commission;
3. Temporary deposits or short-term loans to financial institutions; and
4. Deposits in the Bank of Korea.
Article 9 (Plan for Fund Raising and Operation )
The Financial Services Commission shall draw up a plan for raising funds
and operation every fiscal year and obtain approval of
the President through
the deliberation of the State Council.
Article 10 (Accounting Institution of Fund)
(1) The Financial Services Commission shall appoint the Fund revenue
collecting officer, the Fund financial officer, the Fund expenditure
officer
and the Fund accounting public official out of the public officials under
its control to perform the affairs concerning
the revenue and expenditure
of the Fund.
(2) The Financial Services Commission may, when it has entrusted the
Governor of the Bank of Korea with the affairs concerning the
operation
and management of the Fund under the provisions of Article 8 (2), appoint
the deputy governor in charge of the fund revenue
and the deputy governor
in charge of the act of grounds for Fund expenditure out of the deputy
governors of the Bank of Korea,
and appoint a staff-member for the Fund
expenditure and a staff-member for the Fund accounting among the staff.
In such cases,
the deputy governor in charge of the Fund revenue shall
perform the duties of the fund revenue collecting officer, the deputy governor
in charge of the act of grounds for the Fund expenditure the duties of
the Fund financial officer, the staff-member for the Fund
expenditure the
duties of the Fund expenditure officer, the staff-member for the Fund
accounting the duties of the Fund accounting
public officer respectively.
Article 11 (Temporary Loans)
(1) The Financial Services Commission may, when deemed necessary for
ACT ON LUMP SUM-RAISING SAVINGS OF FARMING AND FISHING
HOUSEHOLDS
5
operation of the Fund, temporarily obtain funds on loan from the Bank
of Korea at the liability of the Fund.
(2) The temporary loan shall be redeemed within one year from the date
of loan.
Article 12 (Approval of Settlement of Accounts)
(1) The Financial Services Commission shall draw up a report on the
settlement of accounts of the Fund each fiscal year and obtain
the approval
of the President through the deliberation of the State Council by March
31 of the next fiscal year.
(2) The provisions of Articles 68 (1) and 73 of the State Finance Act
shall apply to the operational plan under the provisions of
Article 9 and
the approval of the settlement of accounts under the provisions of paragraph
(1).
Article 14 (Fund Operation of Savings Institutions)
(1) The Financial Services Commission shall draff a plan for creation and
operation
of the raising lump-sum savings Fund each fiscal year classified
by the national federation of the savings institutions as prescribed
by the
subparagraphs of Article 2 (1).
(2) The savings institutions shall operate the Funds created by the raising
lump-sum savings as the agricultural, fisheries and
livestock Funds.
Article 15 (Classified Accounting, etc. of Savings Fund)
(1) Savings institutions shall establish separate accounts
for the receipt
of deposits of the raising lump-sum savings funds.
(2) The savings institutions shall accept the deposit of the
raising lump-sum
savings funds and operate them under their own computations.
Article 16 Deleted.
(1) The Financial Services Commission may issue orders to the savings
institutions necessary for supervision with respect to the
affairs under
the provisions of this Act.
28, 2008>
(2) The Financial Services Commission may, when necessary, issue orders
to the savings institutions to report concerning the affairs
under the
provisions of this Act or cause a public official under its control to inspect
such affairs.
Article 18 (Relationship with other Acts and Subordinate Statutes)
When any provisions in the Bank of Korea Act, the Banking Act
and other
Acts and subordinate statutes are in conflict with the provisions of this
Act, the provisions of this Act shall govern.
Article 19 (Enforcement Decree)
The matters necessary for the enforcement of this Act shall be prescribed
by Presidential Decree.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1986.
(2) (Transitional Measure) Raising lump-sum savings for
farming and fishing
households for which the farmers and fishermen have entered into contract
with the local agricultural cooperative,
the fisheries cooperatives by region
and by the types of business or the corporate fishing village fraternities
prior to the enforcement
of this Act shall be deemed the raising lump-sum
savings under this Act.
(3) (Transitional Measure) As the period of the savings contract of the lump
sum-raising savings of farming and fishing households
for which the local
agricultural cooperatives, the fisheries cooperatives by region and by business
types or the corporate fishing
village fraternities had entered into the contract
with the farmers and fishermen prior this Act entering into force, expired
prior
to this Act entering into force, when they paid the savings bounty,
the amount of money which the local agricultural cooperatives,
the fisheries
cooperatives by region and by business types or the corporate fishing village
fraternities paid with their own funds
due to insufficiency of the savings
bounty, shall be paid from the Fund.
ACT ON LUMP SUM-RAISING SAVINGS OF FARMING AND FISHING
HOUSEHOLDS
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ADDENDA
Article 1 (Enforcement Date)
(1) This Act shall enter into force on January 1, 1995: Provided, That
...
Articles 2 through 17 Omitted.
ADDENDUM
This Act shall enter into force on January 1, 1998.
(1) (Enforcement Date) This Act shall enter into force on April 1, 1998.
(2) through (5) Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA
ACT ON LUMP SUM-RAISING SAVINGS OF FARMING AND FISHING
HOUSEHOLDS
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Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
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