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Laws of the Republic of Korea |
1
ENFORCEMENT DECREE OF THE ACT ON THE FUND FOR REPAYMENT OF PUBLIC FUNDS
Presidential Decree No. 17822, Dec. 30, 2002
Amended by Presidential Decree No. 19513, Jun. 12, 2006 Presidential Decree No. 19806, Dec. 29, 2006
Presidential Decree No. 20653, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on the Fund for Repayment of Public Funds as well as for those necessary for the enforcement thereof.
Article 2 (Definition of Debts of Fund for Redemption of Deposit Insurance
Fund Bonds and Non-performing Loan Resolution Fund)
The term "bonds which are provided for by Presidential Decree" used in
subparagraph 1 of Article 2 of the Act on the Fund for Repayment
of Public
Funds (hereinafter referred to as the "Act") means the following bonds
which the Financial Services Commission determines
and publicly
announces in consultation with the Minister of Strategy and Finance:
1. A bond with the par value of not more than thirty-three hundred billion
won, which is bound to be redeemed out of the Non-performing
Loan
Resolution Fund established under the Act on the Efficient Disposal
of Non-Performing Assets, etc. of Financial Institutions
and the
Establishment of Korea Asset Management Corporation (hereinafter
referred to as the "Non-performing Loan Resolution Fund");
and
2. A bond with the par value of not more than the amount of money obtained
by deducting that of any other bond provided in subparagraph
1 from
forty-nine trillion won, which is bound to be redeemed out of the Fund
for Redemption of Deposit Insurance Fund Bonds established
under
the Depositor Protection Act (hereinafter referred to as the "Fund for
ENFORCEMENT DECREE OF THE ACT ON THE FUND FOR REPAYMENT
OF
PUBLIC FUNDS
2
Redemption of Deposit Insurance Fund Bonds").
Article 3 (Financial Resources of Fund for Repayment of Public Funds)
The term "funds provided for by Presidential Decree" used
in Article 3
(2) 8 of the Act means funds received after the settlement among funds
which are contributed to the Non-performing
Loan Resolution Fund and
the Fund for Redemption of Deposit Insurance Fund Bonds out of the Fund
for Repayment of Public Funds
(hereinafter referred to as the "Fund") under
Article 4 (2) and (3) of the Act.
Article 4 (Entrustment of Affairs relating to Administration and
Management of Fund)
(1) The Financial Services Commission shall entrust affairs relating to
the administration and management of the Fund to the Governor
of the
Bank of Korea under Article 4 (5) of the Act.
(2) The Governor of the Bank of Korea shall report the details of raising
and administration of the Fund of each month to the Financial
Services
Commission not later than the twentieth day of the following month.
1. Documents relating to general conditions and analyses of the Fund;
2. Balance sheet;
3. Income statement;
4. Documents specifying revenues and expenditures in cash, such as
revenue and expenditure accounts; and
5. Other documents related to the settlement of accounts of the Fund.
(4) Except as provided in this Decree, matters necessary for
the performance
of affairs relating to the administration and management of the Fund by
the Bank of Korea shall be determined by
the Governor of the Bank of
Korea with the approval of the Financial Services Commission.
Article 5 (Contribution to Fund)
(1) The term "ratio provided for by Presidential Decree" used in Article
5 (4) of the Act means 1/1000.
ENFORCEMENT DECREE OF THE ACT ON THE FUND FOR REPAYMENT OF
PUBLIC FUNDS
3
(2) The term "amount of money provided for by Presidential Decree" used
in Article 5 (5) of the Act means the amount of money calculated
by applying
mutatis mutandis Article 16 (3) of the Enforcement Decree of the Depositor
Protection Act, and the term "ratio provided
for by Presidential Decree"
means 1/1000.
(3) The amounts of money falling under Article 5 (4) and (5) of the Act
shall, within three months after the expiration of each
fiscal year, be
contributed to the Fund from the special accounts for communication
business and the special accounts for postal
insurance, respectively.
Article 6 (Plan for Redemption of Principal on Public Funds)
Specifications of and plans for the redemption
of public funds which the
Financial Services Commission submits to the National Assembly under
Article 8 of the Act shall include
specifications of the redemption of public
funds in the year in question as well as public funds subject to the redemption
and
plans for raising financial resources for such redemption in the following
year.
Article 8 (Fund Administration Council)
(1) The Fund Administration Council established under Article 10 of the
Act (hereinafter referred to as the "Council") shall be
composed of ten or
less members, including one Chairperson.
(2) The Chairperson shall be the vice chairperson of the Financial Services
Commission.
1. A Grade public official of the Financial Services Commission or
public official in general service belonging to the Senior Civil
Service
who is in charge of the management of the Fund;
2. A Grade public official of the Ministry of Strategy and Finance or
public official in general service belonging to the Senior
Civil Service
who is appointed by the Minister of Planning and Budget;
3. A person who is deemed to have much professional knowledge and
ENFORCEMENT DECREE OF THE ACT ON THE FUND FOR REPAYMENT OF
PUBLIC
FUNDS
4
experience on the management or administration of the funds and who
is appointed by the Financial Services Commission;
4. An Assistant Governor of the Bank of Korea in charge of the management
of the funds;
5. An executive of the Korea Deposit Insurance Corporation in charge
of the management of the Fund for Redemption of Deposit Insurance
Fund Bonds; and
6. An executive of the Korea Asset Management Corporation in charge
of the management of the Non-performing Loan Resolution Fund.
(4) The term of office of each member falling under paragraph (3) 3 shall
be two years.
(5) As used in Article 10 (2) 5 of the Act, the term "matters provided
for by Presidential Decree" means changes in disbursement
items subject
to consultation with the Minister of Strategy and Finance under Article
29 (4) of the Enforcement Decree of the State
Finance Act.
ADDENDUM
This Decree shall enter into force on January 1, 2003: Provided, That Article
5 shall do so on January 1, 2004.
ADDENDA
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2007.
Articles 2 through 5 Omitted.
ADDENDA
5
Article 1 (Enforcement Date)
This Decree shall enter into force on the on the date of its promulgation.
(Proviso Omitted.)
Article 2 Omitted.
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