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Laws of the Republic of Korea |
1
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
Presidential Decree No. 17416, Nov. 24, 2001
Amended by Presidential Decree No. 17791, Dec. 5, 2002 Presidential Decree No. 18228, Jan. 20, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19054, Sep. 27, 2005
Presidential Decree No. 20653, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the
Act on Report on Specific Financial Transaction Information
and Utilization
Thereof, etc. and other matters necessary for the enforcement thereof.
The term "other persons as determined by the Presidential Decree" in
subparagraph 1 (n) of Article 2 of the Act on Report on Specific
Financial
Transaction Information and Utilization Thereof, etc. (hereinafter referred
to as the "Act") means:
1. The Credit Guarantee Fund under the Credit Guarantee Fund Act;
2. The Korea Technology Credit Guarantee Fund under the Korea
Technology Credit Guarantee Fund Act;
3. The investment counsel companies which run the discretionary
investment business from among the investment counsel companies
under the Indirect Investment Asset Management Business Act;
4. Deleted; 5. The specialized credit financial business companies and new technology
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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project investment cooperatives under the Specialized Credit Financial
Business Act;
6. The forestry cooperatives and the federation thereof under the Forestry
Cooperatives Act;
7. The financial holding companies under the Financial Holding Companies
Act;
8. The small and medium enterprise start-up investment companies and
small and medium enterprise start-up investment associations
under
the Support for Small and Medium Enterprise Establishment Act;
9. The specialized restructuring companies and corporate restructuring
associations under the Industrial Development Act; and
10. The money changers under Article 8 (4) of the Foreign Exchange
Transactions Act.
Article 3 (Financial Transactions)
The term "other transactions determined by the Presidential Decree" in
subparagraph 2 of Article 2 of the Act means:
1. The transactions conducted in relation to the business of loan, guarantee,
insurance, mutual aid, factoring (referring to the
business of taking
over, managing or recovering accounts receivables acquired by a company
through provision of goods or services),
safeguard deposit, safe lending;
2. The transactions conducted in relation to the business of credit cards,
debit cards, pre-paid cards, equipment leasing, deferred
payment sales,
installment financing, and venture capitals under the Specialized Credit
Financial Business Act; and
3. The transactions conducted in relation to the business of foreign exchange
under the Foreign Exchange Transactions Act.
Article 4 (Foreign Exchange Transactions, etc.)
The term "foreign exchange transactions and other external transactions
determined by the Presidential Decree" in subparagraph 4
(c) of Article
2 of the Act means the financial transactions referred to in subparagraph
3 of Article 3.
Article 5 (Operations of Korea Financial Intelligence Unit)
(1) The term "other business affairs as prescribed by the Presidential
Decree"
in Article 3 (1) 4 of the Act means:
1. Research and study of the trends of money laundering activities and
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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the measures for prevention thereof;
2. Provision of education, training and other consulting services for
employees of financial institutions, etc. to prevent money
laundering
activities; and
3. Promotion of cooperation and exchange of information at home and
abroad to prevent money laundering activities.
(2) The Commissioner of the Korea Financial Intelligence Unit provided
for in Article 3 of the Act (hereinafter referred to as the
"Korea Financial
Intelligence Unit") shall build a computer system necessary to efficiently
report, manage and utilize the information
reported by financial
institutions, etc. pursuant to Article 4-2 (1) and (2) of the Act and the
specific financial transaction
information referred to in Article 7 (1) of
the Act (hereinafter referred to as the "specific financial transaction
information")
and take measures necessary for the protection and security
of such computer system.
1. Ten thousand U.S. dollars or the amount denominated in another
currency equivalent thereto, in the cases of foreign exchange
transactions, etc. (referring to foreign exchange transactions, etc.
referred to in subparagraph 4 (c) of Article 2 of the Act)
denominated
in foreign currency; and
2. Twenty million won, in the cases of any other financial transactions
than provided for in subparagraph 1.
(2) In calculating the financial transaction amount stipulated in paragraph
(1), if there is a difference between the nominal value
of assets subject
to the financial transaction and the real transaction amount thereof, it
shall be computed on a basis of the
real transaction amount, and if it
is impossible to confirm the amount of the financial transaction because
it is the transaction
conducted in relation to safe lending business, it shall
be deemed the financial transaction the amount of which is less than the
amount referred to in paragraph (1).
Article 7 (Methods, etc. of Reporting on Suspicious Transactions)
(1) A financial institution, etc. which is to file a report pursuant
to Article
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TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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4 (1) and (2) of the Act shall report the matters provided for in the following
subparagraphs in a way of documents, electronic
recording media, etc,
determined by the Commissioner of the Korea Financial Intelligence Unit
(hereinafter referred to as the "Commissioner
of the Korea Financial
Intelligence Unit") pursuant to the form determined by the Commissioner
of the Korea Financial Intelligence
Unit:
1. Name and location of the reporting financial institution, etc.;
2. Date and place of the financial transaction subject to such report;
3. Other party to the financial transaction subject to such report;
4. Contents of the financial transaction subject to such report;
5. Reasonable grounds for suspicions under Article 4 (3) of the Act; and
6. Other necessary matters prescribed by the Commissioner of the Korea
Financial Intelligence Unit to analyze the financial transaction
subject
to such report.
(2) When a financial institution, etc. has filed a report under paragraph
(1), it shall keep the report and the records referred
to in subparagraphs
of Article 4 (4) of the Act separately with other financial transaction records.
In this case, the said materials
may be kept in the form of copies or through
microfilms or computer information processing systems.
(3) The real name provided
for in Article 4 (4) 1 of the Act shall refer
to the real name (hereinafter referred to as the "real name") referred to
in the
Act on Real Name Financial Transactions and Guarantee of Secrecy
(hereinafter referred to as the "Real Name Financial Transactions
Act").
The Commissioner of the Korea Financial Intelligence Unit may provide
financial institutions, etc. with the types of transactions
with high
possibility of money laundering activities, such as large cash transactions
which have neither obvious economic reasonability
nor lawful objects,
financial transactions conducted through accounts opened in others' names,
etc., to help them judge whether
their own financial transactions fall under
the financial transactions referred to in Articles 4 (1) and (2) and 4-2
(2) of the
Act.
(1) The term "amount determined by the Presidential Decree" in the main
sentence of Article 4-2 (1) of the Act means twenty million
won.
(2) The amount referred to in paragraph (1) shall be calculated by adding
up the amounts paid or received by a financial institution,
etc. for one
business day through financial transactions conducted in the same person's
name.
(3) The term "same person's name" in paragraph (2) means the same person's
real name.
(4) In adding up the amounts pursuant to paragraph (2), the amounts
provided for in the following subparagraphs shall be excluded
therefrom:
1. The remittance (including any payment made without using a bankbook)
of not more than one million won;
2. The amount of purchase or sale of any foreign currency equivalent to
not more than one million won; and
3. The amount of receipt or payment of public imposts, etc. determined
by the Commissioner of the Korea Financial Intelligence Unit.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 8-3 (Scope of Public Organizations)
The term "other public organizations" in Article 4-2 (1) 2 of the Act means
those which falls under any one of the following subparagraphs
(excluding
financial institutions, etc.):
1. Government-invested institutions under the Framework Act on the
Management of Government-invested institutions;
2. Government-affiliated institutions under the Framework Act on the
Management of Government-Affiliated Institutions;
3. Government-invested research institutions, government-invested
research institutions of science and technology, and research councils
established under the Act on the Establishment, Operation and
Fosterage of Government-Invested Research Institutions and the Act
on the Establishment, Operation and Fosterage of Government-Invested
Research Institutions of Science and Technology;
4. Local government-directly operated enterprises, local government-
invested public corporations and local government public corporations
established under the Local Public Enterprises Act; and
5. Other juristic persons designated by the Commissioner of the Korea
Financial Intelligence Unit, which are invested, contributed
or assisted
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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by the Government pursuant to Acts or directly incorporated pursuant
to Acts without any authorization or permission of the competent
Minister and have no danger of money laundering.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 8-4 (Methods, etc. of Reporting Large Cash
Transactions)
(1) A financial institution, etc. which is to file a report pursuant to Article
4-2 (1) of the Act shall report the
matters provided for in the following
subparagraphs in a way of on-line or off-line documents, electronic recording
media, etc,
determined by the Commissioner of the Korea Financial
Intelligence Unit pursuant to the form determined by the Commissioner
of
the Korea Financial Intelligence Unit:
1. Name and location of the reporting financial institution, etc.;
2. Date and place of payment or receipt of cash;
3. Other party to the payment or receipt of cash;
4. Contents of the payment or receipt of cash; and
5. Other necessary matters prescribed by the Commissioner of the Korea
Financial Intelligence Unit to analyze the facts of the payment
or receipt
of cash.
(2) The provisions of Article 7 (1) and (2) shall apply mutatis mutandis
with respect to the report referred to in Article 4-2 (2)
of the Act.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 9 (Notification of Appointment
or Dismissal of Reporting Officers)
When a financial institution, etc. appoints or dismisses any person
responsible for reporting
under subparagraph 1 of Article 5 of the Act,
it shall notify the Commissioner of the Korea Financial Intelligence Unit
thereof.
Article 10 (Exception to Appointment, etc. of Reporting Officers)
(1) The term "persons determined by the Presidential Decree" in
Article
5 of the Act with the exception of its subparagraphs means:
1. Securities finance companies, brokerage companies, and institutions
performing stock transfers on behalf of others under the Securities
and
Exchange Act;
2. Deleted; 3. Asset management companies under the Indirect Investment Asset
Management Business Act; and
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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4. Financial holding companies under the Financial Holding Companies
Act.
(2) The Commissioner of the Korea Financial Intelligence Unit may exempt
the persons referred to in the following subparagraphs
in part from the
measures provided for in subparagraphs of Article 5 of the Act within the
limit of not hampering the efficient
prevention of money laundering
activities: 1. Financial institutions, etc. referred to in subparagraphs 1 through 3,
5, 6 (limited to the federation), and 8 through 10 of Article
2;
2. Trust companies which are engaged only in the real estate trust business
from among those trust companies provided for in the
Trust Business
Act;
3. Credit cooperatives and the federation thereof under the Community
Credit Cooperatives Act;
4. Credit unions (excluding regional unions) and the federation thereof
under the Credit Unions Act;
5. Insurance companies which carry mainly on the guarantee insurance
and reinsurance business from among those insurance companies
provided for in the Insurance Business Act; and
6. Federation of mutual savings banks under the Mutual Savings Banks
Act.
Article 10-2 (Coverage, etc. of Duty of Customer Due Diligence)
(1) The duty of customer due diligence under Article 5-2 of the
Act shall
be applicable to financial transactions: Provided, That financial
institutions, etc. may be exempt from the duty of confirmation
under Article
5-2 (1) 1 of the Act in cases where it is not proper to apply the duty of
customer due diligence in the nature of
a financial transaction or a financial
transaction has very less possibility of being exploited for the purposes
of performing
money laundering activities as determined and published
by the Commissioner of the Korea Financial Intelligence Unit.
(2) For the
purpose of Article 5-2 (1) 1 of the Act, the term "opens a new
account" means to conclude a contract with a financial institution,
etc.
for the purpose of commencing the financial transaction provided for in
paragraph (1), and the term "single financial transaction"
means the
financial transaction conducted without using an account opened with a
financial institution, etc.
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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(3) When there is a doubt as to the confirmation made pursuant to Article
5-2 (1) 1 and 2 of the Act (hereinafter referred to as
the "customer
confirmation"), the financial institution, etc. concerned may verify its truth
with documents, information or other
materials provided by trustable
sources. In this case, the financial institution, etc. concerned shall reflect
the materials related
to such verification and the methods thereof in the
business guidelines provided for in Article 5-2 (1) of the Act to put them
into practice.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 10-3 (Amount of Single Financial Transaction)
(1) The term "amount determined by the Presidential Decree" in Article
5-2 (1) 1 of the Act means:
1. Ten thousand U.S. dollars or the amount denominated in another
currency equivalent thereto, in the cases of foreign exchange
transactions, etc. (referring to foreign exchange transactions, etc.
referred to in subparagraph 4 (c) of Article 2 of the Act)
denominated
in foreign currency; and
2. Twenty million won, in the cases of any other financial transactions
than provided for in subparagraph 1.
(2) In calculating the financial transaction amount stipulated in paragraph
(1), if there is a difference between the nominal value
of assets subject
to the financial transaction and the real transaction amount thereof, it
shall be computed on a basis of the
real transaction amount.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 10-4 (Matters Relating
to Identity of Other Party to Financial
Transaction)
The term "matters determined by the Presidential Decree" in Article 5-2
(1) 1 of the Act means:
1. For an individual (including any individual conducting financial
transactions while disclosing the fact that he/she is acting
for another
individual, a juristic person or any other organization): Real name,
address, contact information (referring to a telephone
number and e-mail
address; hereinafter the same shall apply);
2. For a profit-making juristic person: Real name, business category,
the location of principal office and business place, contact
information,
and the representative's real name;
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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3. For a non-profit juristic person or any other organization: Real name,
the purpose of its establishment, the location of principal
office, contact
information, and the representative's real name; and
4. For a foreigner or foreign organization: The applicable corresponding
matters of subparagraphs 1 through 3, nationality, the location
of
domestic residence or office.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 10-5 (Procedures, etc. of Customer Due Diligence)
(1) A financial institution, etc. shall make customer confirmation before
conducting financial transactions: Provided, That such
confirmation may
be made after the financial transactions are conducted if there are any
inevitable reasons due to the nature,
etc. of the financial transactions,
as determined by the Commissioner of the Korea Financial Intelligence
Unit.
(2) A financial institution, etc. may omit the customer confirmation in
cases where it enters into a financial transaction again
with the same
customer after the confirmation referred to in Article 5-2 (1) 1 of the Act:
Provided, That it shall conduct the
customer confirmation again if there
is any doubt about the contents or propriety of the existing confirmation.
[This Article Newly
Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 10-6 (Provision of Reference Examples for Customer Due Diligence)
The Commissioner of the Korea Financial Intelligence Unit may determine
the details of proper confirmation measures, etc. by the
types of customers
and transactions to help financial institutions, etc. perform the customer
confirmation and provide them to
such financial institutions, etc.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
Article 11 (Notification
of Records, etc. of Foreign Exchange Transactions)
(1) The term "other persons designated by the Presidential Decree" in Article
6 (1) of the Act means the heads of the concentration institutions referred
to in Article 21 of the Foreign Exchange Transactions
Act (hereinafter
referred to as the "foreign exchange information concentration institutions").
1. Records which are permitted by the Governor of the Bank of Korea
or reported to the heads of customs offices with respect to the
exportation
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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or importation of the means of payment, etc. under Article 17 of the
Foreign Exchange Transactions Act; and
2. Records which are necessary for the Korea Financial Intelligence Unit
to perform its services and determined by the heads of foreign
exchange
information concentration institutions after consultation with the
Minister of Strategy and Finance, from among those
concentrated to
the heads of foreign exchange information concentration institutions
under Article 21 of the Foreign Exchange Transactions
Act.
(3) The Governor of the Bank of Korea, the heads of customs offices and
the heads of foreign exchange information concentration
institutions shall
notify, in an electronic document, the Commissioner of the Korea Financial
Intelligence Unit of the records
referred to in paragraph (2) every month
not later than the tenth day of the following month: Provided, That where
the Commissioner
of the Korea Financial Intelligence Unit determines
separately the time, methods, etc. of such notification after consultation
with the Governor of the Bank of Korea, the heads of customs offices and
the heads of foreign exchange information concentration
institutions,
respectively, it shall prevail.
Article 12 (Providing Specific Financial Transaction Information for
Commissioner General of National Police Agency)
The term "specific financial transaction information prescribed by the
Presidential Decree" in Article 7 (2) of the Act means the
specific financial
transaction information that meets the standards determined by the
Commissioner of the Korea Financial Intelligence
Unit in consideration
of the amounts of criminal proceeds, the kinds and nature of offenses,
the status of offenders, the efficiency
of investigation, etc. after consultation
with the Prosecutor General and the Commissioner General of the National
Police Agency.
Article 13 (Request, etc. by Prosecutor General, etc. for Providing
Information)
(1) When the Prosecutor General, the Commissioner General of the National
Police Agency, the Commissioner of the National Tax Service,
the
Commissioner of the Customs Service, the National Election Commission
or the Financial Services Commission intends to request
the Commissioner
of the Korea Financial Intelligence Unit to provide specific financial
transaction information pursuant to Article
7 (4) of the Act, he/she or
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION
THEREOF, ETC.
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it shall submit the documents stating the matters provided for in
subparagraphs of paragraph (5) of the said Article directly to
the Korea
Financial Intelligence Unit: Provided, That in case of an emergency, such
documents may be submitted by means of post,
facsimile or electronic
documents.
(2) Pursuant to Article 7 (7) of the Act, the Commissioner of the Korea
Financial Intelligence Unit shall preserve the matters provided
for in the
following subparagraphs related to the provision of specific financial
transaction information through documents or
computer information
processing systems:
1. Positions and names of the staff members of the Korea Financial
Intelligence Unit involved in the process of examination, analysis
or
the provision of information;
2. Names of the institutions provided with specific financial transaction
information, and the date of such provision;
3. Institutions whereto the public officials who have received specific
financial transaction information belong, and their positions
and names;
and
4. Details of provided specific financial transaction information, and the
reasons for such provision.
Article 14 (Request for Provision of Records)
(1) The records which the Commissioner of the Korea Financial Intelligence
Unit may request the head of the administrative agency
concerned to provide
pursuant to Article 10 (1) of the Act shall be as follows:
1. Family register;
2. Computer information records related to resident registration;
3. Basic matters relating to the business operator concerned such as the
category of business and the location of the business place;
4. Criminal and investigation history records; and
5. Other records deemed by the Commissioner of the Korea Financial
Intelligence Unit as necessary after consultation with the head
of the
administrative agency concerned.
(2) Pursuant to Article 10 (2) of the Act, the Commissioner of the Korea
Financial Intelligence Unit may request a credit information
concentration
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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institution to provide credit information by means of on-line or off-line
documents or facsimile.
(3) The financial transaction information referred to in Article 10 (1) and
(2) of the Act shall refer to the information or records
provided for in Article
6 of the Enforcement Decree of the Act on Real Name Financial Transactions
and Guarantee of Secrecy.
Article 15 (Inspection)
(1) The term "other persons designated by the Presidential Decree" in Article
11 (3) of the Act means the Minister of Public Administration
and Security
and Minister of Knowledge Economy, the Commissioner of the Customs
Service, the Administrator of the Small and Medium
Business
Administration, the president of the national agricultural cooperative
federation, the president of the fisheries cooperative
federation, the
president of the forestry cooperative federation, the president of the national
credit union federation, and the
president of the community credit
cooperative federation.
1. For the Minister of Public Administration and Security: The community
credit cooperative federation under the Community Credit
Cooperatives
Act;
2. For the Minister of Knowledge Economy: The specialized restructuring
companies and corporate restructuring associations under
the Industrial
Development Act and postal agencies under the Postal Savings and
Insurance Act;
3. Deleted; 4. For the Commissioner of the Customs Service: The money changers
working within treaty ports from among those under Article 8 (4)
of
the Foreign Exchange Transactions Act;
5. For the Administrator of the Small and Medium Business
Administration: The small and medium enterprise start-up investment
companies
and small and medium enterprise start-up investment
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION
AND UTILIZATION THEREOF, ETC.
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associations under the Support for Small and Medium Enterprise
Establishment Act;
6. For the Governor of the Bank of Korea: The money changers under
Article 8 (4) of the Foreign Exchange Transactions Act with the
exception
of the money changers working within treaty ports;
7. For the Governor of the Financial Supervisory Service: Financial
institutions, etc. provided for in the following items:
(a)
The Korea Development Bank, the Export-Import Bank of Korea,
the Industrial Bank of Korea and the financial institutions under
the Banking Act;
(b) Financial institutions, etc. referred to in subparagraph 1 (b) through
(d), (i) through (k) and (m) of Article 2 of the Act;
(c) Financial institutions, etc. provided for in subparagraphs 3 through
5 and 7 of Article 2; and
(d) The national agricultural cooperative federation under the
Agricultural Cooperatives Act, the fisheries cooperative federation
under the Fisheries Cooperatives Act, the national credit union
federation under the Credit Unions Act, and the forestry cooperative
federation under the Forestry Cooperatives Act;
8. For the president of the national agricultural cooperative federation:
The cooperatives under the Agricultural Cooperatives Act;
9. For the president of the fisheries cooperative federation: The
cooperatives under the Fisheries Cooperatives Act;
10. For the president of the forestry cooperative federation: The forestry
cooperatives under the Forestry Cooperatives Act;
11. For the president of the national credit union federation: The credit
unions under the Credit Unions Act; and
12. For the president of the community credit cooperative federation: The
credit cooperatives under the Community Credit Cooperatives
Act.
(3) The head of an institution which is entrusted with the tasks under
paragraph (2) (hereinafter referred to as the "entrusted
institution") may,
when necessary to perform the entrusted tasks, determine the standards,
plans, procedures, etc. for inspection
and the measures to be taken as
a result of such inspection.
(4) The head of the entrusted institution shall, when he/she has determined
the standards, plans, procedures, etc. for the inspection
and the measures
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF,
ETC.
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to be taken as a result of such inspection under paragraph (3), notify
the Commissioner of the Korea Financial Intelligence Unit
thereof.
(5) The Commissioner of the Korea Financial Intelligence Unit may, when
necessary to efficiently perform the tasks of
inspecting financial institutions,
etc., have the staff members of the Korea Financial Intelligence Unit assist
the entrusted institution
in performing the tasks of inspection after
consultation with the head of the entrusted institution.
(6) The head of the entrusted
institution shall, when he/she has conducted
an inspection, notify the Commissioner of the Korea Financial Intelligence
Unit of
the results thereof (including the results of measures taken after
such inspection).
Article 16 (Procedures for Imposition and Collection of Fine for Negligence)
(1) When the Commissioner of the Korea Financial Intelligence
Unit imposes
a fine for negligence under Article 17 (1) of the Act, he/she shall investigate
and confirm the offense concerned,
and notify in writing a person who
is subject to the disposition of the fine for negligence, with the fact of
offense, the amount
of fine for negligence, etc. specified.
(2) When the Commissioner of the Korea Financial Intelligence Unit intends
to impose a
fine for negligence under paragraph (1), he/she shall give
a person who is subject to the disposition of the fine for negligence
an
opportunity to state his/her opinion orally or in writing (including electronic
documents) within a fixed period of ten or more
days. In this case, if the
said person fails to state his/her opinion by the designated time, he/she
shall be considered to have
no opinion.
(3) In determining the amount of the fine for negligence, the Commissioner
of the Korea Financial Intelligence Unit shall take into
consideration the
motive, consequence, etc. of the relevant offense.
(4) The fine for negligence shall be collected according to
the procedures
set by the Management of the National Funds Act and the Enforcement
Decree thereof concerning the collection of
revenues. In this case, the notice
of payment shall include the methods, period, etc. of challenging the
disposition of the fine
for negligence.
ADDENDUM
ENFORCEMENT DECREE OF THE ACT ON REPORT ON SPECIFIC FINANCIAL
TRANSACTION INFORMATION AND UTILIZATION THEREOF, ETC.
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This Decree shall enter into force on November 28, 2001.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Article 2 Omitted.
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