Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
1
ENFORCEMENT DECREE OF ACT ON RAISING LUMP-SUM OF SAVINGS OF FARMING AND FISHING HOUSEHOLDS
Presidential Decree No. 11895, May 13, 1986
Amended by Presidential Decree No. 12712, May 26, 1989 Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14668, June 17, 1995
Presidential Decree No. 17052, Dec. 29, 2000
Presidential Decree No. 17824, Dec. 30, 2002
Presidential Decree No. 20653, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters necessary for the enforcement of the Act on Raising Lump-Sum Savings of Farming and Fishing Households (hereinafter referred to as the "Act"). Article 2 (Extent, etc. of Farmers and Fishermen) (1) The term "persons as prescribed by Presidential Decree" in the main sentence of Article 2 (2) of the Act means the persons (hereinafter referred to as the "farmers and fishermen") other than persons falling under any of the following subparagraphs out of the farmers, fishermen and stockbreeders of the subparagraphs of the same Article and paragraph:
1. A person who owns farmland exceeding two hectares;
2. A person who owns a fishing boat exceeding 20 tons; and
3. A person who owns livestock exceeding the scale prescribed by annexed Table.
(2) The term "farmers and fishermen in low income brackets" in this Decree means persons other than the persons falling under any of the following subparagraphs out of the farmers and fishermen under the provisions of paragraph (1):
1. A person who owns farmland exceeding one hectare;
2. A person who owns a boat with motorized power; and
3. A person who owns livestock of a scale exceeding 50 percent of the standard under the provisions of annexed Table.
(3) It shall be based on the time when he/she has entered into a contract ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF FARMING AND FISHING HOUSEHOLDS
2
for the raising lump-sum savings under the provisions of Article 7 whether he/she falls under the scope of the farmers and fishermen or the farmers and fishermen in the low income brackets of paragraphs (1) and (2). Article 3 (Classification of Raising Lump-Sum Savings) The raising lump-sum savings of farming and fishing households (hereinafter referred to as the "raising lump-sum savings") shall be classified into the monthly payment of savings (hereinafter referred to as the "monthly paying savings"), the quarterly payment of savings (hereinafter referred to as the "quarterly paying savings") and the semiannual paying savings (hereinafter referred to as the "semiannual savings"). Article 4 (Amount of Raising Lump-Sum Savings)
(1) The maximum of the annual paying amount of the raising lump-sum
savings shall be one million and four hundred forty thousand
won: Provided,
That the maximum annual paying amount of the savings of farmers and
fishermen in low income brackets shall be one
million and two hundred
thousand won.
(3) The farmers and fishermen may pay the raising lump-sum savings
divided by multiple accounts within the extent of the paying
amount of
savings of paragraph (1).
(4) The farmers and fishermen may modify a savings contract or terminate
a part of the savings to increase or decrease each paying
amount of savings
after the conclusion of the contract for the lump sum-raising savings.
Article 5 (Period of Raising Lump-Sum
Savings)
The period of savings of the raising lump-sum savings shall be three years
or five years.
Article 6 (Rate of Interest of Raising Lump-Sum Savings)
Rate of Interest paid to the amount of the raising lump-sum savings by
the savings institutions shall be determined by the Financial Services
Commission.
Article 7 (Application for Savings Contract and its Ascertainment)
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING
AND FISHING HOUSEHOLDS
3
(1) A person who intends to make the raising lump-sum savings (hereinafter
referred to as an "applicant for savings") shall submit
an application for
the raising lump-sum savings contract in terms of savings institution to
savings institution.
(2) A savings institution which has received an application for the raising
lump-sum savings contract of paragraph (1) shall ascertain
whether an
applicant for the savings falls under the farmers and fishermen or the
farmers and fishermen in the low income brackets.
(3) The raising lump-sum savings contract shall be deemed to have been
materialized on the date when an applicant for the savings
has first paid
the amount of savings to a savings institution.
Article 8 (Raising Lump-Sum Savings Contract)
(1) The raising lump-sum savings contract shall be entered into by and
between the farmers and fishermen and the savings institutions.
(2) Matters of the following subparagraphs shall be shown in the lump
sum-raising savings contract:
1. Address and name of the relevant person of the savings contract;
2. Classification of savings, each paying amount of savings, period of
savings and paying time of the amount of savings;
3. Matters concerning the termination of the savings contract;
4. Matters concerning the payment of the principal of savings and the
profit; and
5. Matters concerning the payment of savings bounties.
Article 9 (Method of Raising Lump-Sum Savings )
The lump sum-raising savings shall be by means of payment of each paying
amount of savings to a savings institution by the farmer
or the fisherman
himself/herself or his/her agent in accordance with the savings contract
in an accumulative manner.
Article 10 (Deemed Termination of Savings Contract)
(1) When a person who has entered into a contract for the monthly paying
savings
has not paid the amount of savings more than six consecutive
months, the savings contract concerned shall be deemed to have been
terminated on the date when the six months have elapsed.
(2) When a person who entered into the contract for the quarterly paying
savings or the semiannual paying savings has not paid the amount of savings
more than one and half years from the date of the last
payment, the savings
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING AND FISHING HOUSEHOLDS
4
contract concerned shall be deemed to have been terminated on the date
when a year has elapsed from the date of the last payment
Article 11 (Payment of Savings Bounties)
The amount, as prescribed by the following subparagraphs, of the savings
bounty under the provisions of Article 6 of the Act, shall
be paid through
the savings institution concerned from the encouragement fund (hereinafter
referred to as the "Fund") for the raising
lump-sum savings of farming
and fishing households: 1. In cases where the farmers and fishermen save up until the expiration
of the contract period of the raising lump-sum savings,
an amount
of money equivalent 4.5/100 of the average balance (hereinafter referred
to as the "average balance of the paid principal")
of the paid principal
of the savings during the period of savings when its contract period
is three years, and an amount of money
equivalent 12.5/100 of the
average balance of the paid principal when its contract period is five
years;
2. In cases where the farmers and fishermen in the low income brackets
save up until the expiration of the contract period of the
raising lump-sum
savings, an amount of money equivalent 13.5/100 of the average balance
of the paid principal when its contract
period is three years, and amount
of money adding the savings bounty of paragraph (1) to the amount
of money equivalent to 35.5/100
of the average balance of the paid
principal when its contract period is five years;
3. In cases where the raising lump-sum savings contract is terminated
partway, an amount of money equivalent to 0.9/100 of the average
balance of the paid principal when the savings has been paid longer
than three years, and amount of money equivalent to 5.6/100
of the
average balance of the paid principal when the savings has been paid
longer than four years; and
4. In cases where the raising lump-sum savings contract is terminated
partway due to reasons prescribed by Article 16 (2) of the
Act, the
savings bounty to be paid shall be as set out in the following
subparagraphs:
(a) Amount of money equivalent to 0.8/100 of the average balance
of the paid principal when the savings has been paid longer than
one year;
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING AND FISHING HOUSEHOLDS
5
(b) Amount of money equivalent to 3.6/100 of the average balance
of the paid principal when the savings has been paid longer than
two years;
(c) Amount of money equivalent to 7.5/100 of the average balance
of the paid principal when the savings has been paid longer than
three years; and
(d) Amount of money equivalent to 13.6/100 of the average balance
of the paid principal when the savings has been paid longer than
four years.
Article 12 (Computation of Savings Bounty and Interest according to
Increase of each Paying Amount of Savings)
In cases where the farmers and fishermen who have save up by increasing
each paying amount of savings under the provisions of Article
4 (4), save
up until the expiration of the savings contract period, or terminate the
savings contract partway, the savings bounty
and interest for the increased
amount of the paying amount of the savings shall be computed by applying
the payment rate and interest
rate of the partway termination, respectively
to the savings period computed from the date of increasing the paying
amount of savings:
Provided, That the savings bounty to be paid in cases
where the savings is paid until the expiration of the savings contract period,
shall be paid in accordance with the provisions of the items of subparagraph
4 of Article 11.
Article 13 (Establishment of Account for Savings Encouragement Fund)
The Financial Services Commission shall establish an account
for the
encouragement Fund of the raising lump-sum savings at the Bank of Korea
to keep the revenue and expenditure of the fund
clear.
The matters necessary for the operation and management of the fund and
the payment of the savings bounty shall be prescribed by
the Governor
of the Bank of Korea with the approval of the Financial Services Commission.
Article 15 (Fiscal Year of Fund)
The fiscal year of the Fund shall be from January 1 to December 31 of
each year.
Article 16 (Affairs of Accounting Institution of Fund)
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING AND FISHING
HOUSEHOLDS
6
The Fund revenue collecting officer shall perform the affairs concerning
the revenue collection of the Fund, the Fund financial
officer shall perform
the affairs concerning the act of grounds for expenditure and the property
management of the Fund, the Fund
expenditure officer shall perform the
affairs concerning the expenditure of the Fund, and the Fund accounting
public official shall
perform the affairs concerning the custody and
accounting of the national funds, custody funds and securities respectively.
[This
Article Wholly Amended by Presidential Decree No. 17824, Dec. 30, 2002]
Article 17 (Compensation for Losses)
In cases where the Fund compensates the savings institutions for losses
incurred under the provisions of Article 13 of the Act,
the matters necessary
these far shall be as separately prescribed by the Financial Services
Commission.
Article 18 (Grounds for Non-Taxation for Interest Income, etc.)
The term "reasons as prescribed by Presidential Decree" in Article
16 (2)
3 of the Act means the occasions falling under any of the following
subparagraphs: 1. When the amount of savings has not been paid more than six months
consecutively for the monthly paying savings, and more than
a year
consecutively for the quarterly paying savings and the semiannual
paying savings because a farmer or a fisherman lost work
due to the
injury and incurable disease, etc.;
2. When a farmer or a fisherman who has entered into the contract
for the raising lump-sum savings the period of expiration of which
is five years and has paid the amount of savings longer than three
years, terminates the contract; and
3. When a person who has been designated as a person subject to reduction
or exemption from agricultural income tax or income tax,
or as a person
subject to payment of the government subsidy because of the reduction
of the income due to damage by blight and
noxious insects, by snow,
by storm, by flood or by fall in price, etc., terminates the contract.
Article 19 (Presentation of Voucher)
A person who makes the inspection under the provisions of Article 17
(2) and (3) of the Act shall present the voucher showing such
authority
to the related person.
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING AND FISHING HOUSEHOLDS
7
ADDENDA
(2) (Transitional Measure concerning Payment of Savings Bounty) The savings
bounty for the raising lump-sum savings for which the
farmers and fishermen,
etc. entered into a contract with local agricultural cooperatives, fisheries
cooperative by region and by
business types or corporate fishing village
fraternities prior to this Decree entering into force, shall be paid according
to the
payment rate at the time of contract.
ADDENDA
This Decree shall enter into force on January 1, 2001.
ADDENDA
This Decree shall enter into force on January 1, 2003.
Articles 2 through 6 Omitted.
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING AND FISHING HOUSEHOLDS
8
ADDENDA
This Decree shall enter into force on the date of its promulgation: Provided,
That
of Presidential Decree to be amended under Article 2 of Addenda, the
amended part of Presidential Decree which was promulgated prior
to this
Decree entering into force but enforcement date of which has not arrived,
shall enter into force on the date the relevant
Presidential Decree enters
into force respectively.
Articles 2 Omitted.
ENFORCEMENT DECREE OF ACT ON LUMP SUM-RAISING SAVINGS OF
FARMING AND FISHING HOUSEHOLDS
9
[Attached Table]
Standard of Scale of the Livestock belonging to the Stockbreeder subject
to Lump Sum-Raising Savings (related to Article 2 (2) 3)
Species of Livestock Scale
Dairy cattle, Deer
Cattle, Horse
Pig, Goat, Sheep, Dog
Rabbit, Chinchilla, Mink
Poultry
Honeybee
20 head
30 head
150 head
5,000 head
10,000 head
150 groups
Remarks
1. It shall be based on the mother livestock, two heads of young livestock
(referred to the livestock with no record of delivery
or egg-laying) shall
be deemed one head.
2. Livestock not shown in the above annexed Table shall be based on the
scale of the livestock of similar species.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/edoaolssofafh747