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Laws of the Republic of Korea |
Ministry of Land, Transport, and Maritime Affairs (Logistics Policy Division) 02-2110- 8516
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Basic Logistics Policy Act and the matters necessary for the enforcement thereof. Article 2 (Special Relationship Excluded from Third Party Logistics) "Special relationship defined in the Presidential Decree" mentioned in subparagraph 10, paragraph of Article 2 of the Basic Logistics Policy Act, (hereinafter referred to as the "Act"), shall be a relationship falling under each of the subparagraphs of paragraph of Article 87 in the Enforcement Decree of the Corporate Tax Act. Article 3 (Scope of Logistics Industry)
The scope of the Logistics Industry pursuant to paragraph of Article 2 of the Act shall be as shown in the attached Table 1.
Article 4 (Logistics Status Survey Guidelines)
Guidelines for the Logistics Status Survey in paragraph of Article 8 of the Act, (hereinafter referred to as the "logistics status survey guidelines"), shall include each of the following:
1. Types and items of the survey;
2. Objects, methods, and procedures of the survey;
3. System of the survey;
4. Time and area of the survey;
5. Computation, analysis, and management of the survey results;
6. Other matters necessary for an efficient Logistics Status Survey. Any person who conducts a Logistics Status Survey under paragraph of Article 7 of the Act shall conduct a survey in accordance with the logistics status survey guidelines.
Article 5 (Change of Important Matters of National Logistics Master Plan) "Important matters described by Presidential Decree" of paragraph of Article 11 of the Act shall mean each of the following subparagraphs, provided, however, that, in the event that subparagraphs 2 through 4 contain matters reflecting changes in other plans related to the national logistics master plan of Article 11 of the Act, (hereinafter referred to as the "national logistics master plan"), such as a Comprehensive Logistics Facility Development Plan under Article 4 of the Logistics Facility Development and Operation Act, a National Backbone Traffic Network Plan under Article 3 of the Traffic System Efficiency Act, and a comprehensive national land plan under Article 9 of the Framework Act on National Land, the same shall be excluded:
1. Goals and important strategies of national logistics policies;
2. Investment priorities of logistics facilities and equipment;
3. Basis of the promotion and support of international logistics;
4. Other matters deemed as requiring the deliberation of the national logistics policy committee under Article 17 of the Act.
Article 6 (Establishment of Annual Execution Plan, etc.)
Where intending to establish annual execution plans of the national logistics
master
plan, (hereinafter referred to as the "annual execution plan"), pursuant to paragraph
of Article 13 of the Act, the Minister
of Land, Transport, and Maritime Affairs,
(hereinafter referred to as the "Minister"), shall consult with heads of relevant
government
agencies, Mayors of special metropolitan cities and metropolitan cities, Do
governors and special self-governing Do, (hereinafter
referred to as the "Mayor/Do
governor"), beforehand, and have the subcommittee on logistics policy under paragraph
of Article
19 of the Act deliberate on such matters.
1. Goals and important strategies of local logistics policies;
2. Investment priorities of local logistics facilities and equipment;
3. Basis of the promotion and support of international logistics from the local level;
4. Other matters deemed as requiring the deliberations of the local logistics policy
committee under Article 20 of the Act, (hereinafter
referred to as the "local logistics
policy committee").
Article 8 (Establishment of the Local Logistics Execution Plan, etc.)
Where intending to establish annual execution plans of a
local logistics master plan
under Article 14 of the Act, (hereinafter referred to as the "local logistics execution
plan"), pursuant
to paragraph of Article 16 of the Act, the Mayors of special
metropolitan cities or metropolitan cities, (including Do governors
and special self-
governing Do who establish a local logistics master plan under paragraph of Article
14 of the Act), shall consult
with the Minister, heads of relevant government agencies,
and Mayors/Do governors of neighboring special metropolitan cities, metropolitan
cities,
Do and special self-governing Do, (hereinafter referred to as the "City/Do"), beforehand,
and have the local logistics
policy committee deliberate on such matters.
After establishing the local logistics execution plan, the Mayors of special
metropolitan cities or metropolitan cities shall notify
the Minister, heads of relevant
government agencies, Mayors/Do governors of neighboring City/Do, and heads,
(hereinafter referred
to as the "Head of City/Gun/Gu"), of the City, Gun, and Gu,
(referring to the City, Gun, and autonomous Gu which are local governments;
hereinafter referred to as the "City/Gun/Gu"), belonging to the City/Do.
Mayors/Do governors of neighboring City/Do, heads of City/Gun/Gu belonging to
the City/Do, and enterprises and organizations receiving
support from a City/Do or
City/Gun/Gu under relevant laws and regulations shall actively cooperate for the
smooth implementation
of the local logistics execution plan.
Article 9 (Technical Staff of the National Logistics Policy Committee)
The national logistics
policy committee under Article 17 of the Act, (hereinafter
referred to as the "Committee"), may have technical staff of five or
less persons under
paragraph of Article 18 of the Act.
The Minister shall appoint technical staff among the persons falling under any of the
following subparagraphs: 1. A person recommended by the heads of government agencies of subparagraph 1,
paragraph of Article 18 of the Act;
2. A person with expertise and experience in the logistics-related fields.
The term of office of the technical staff shall not exceed
three years. Technical staff
may be re-appointed.
Technical staff may attend and make statements at the meetings of the Committee
and the subcommittees under paragraph of Article
19 of the Act, (hereinafter referred
to as the "subcommittees").
Article 10 (Duty of the Chairperson)
The chairperson of the Committee, (hereinafter referred to as the "chairperson"),
shall represent the Committee and be in charge
of the business of the Committee.
Where the chairperson is not able to attend Committee meetings due to accident or
any other
cause, a Committee member previously designated by the chairperson shall
act for the chairperson.
The chairperson shall call and preside over the Committee meetings.
In order to call a Committee meeting, the chairperson shall
notify Committee
members of the date, time, place, and agenda of the meeting at least five days before the
date of the meeting,
provided, however, that, in cases of emergency or unavoidable
circumstances, the same not apply.
Resolutions of the Committee shall be adopted by the presence of a majority of all
members in office and by the affirmative votes
of a majority of the members present.
Where deemed necessary for its deliberation and conduct of business, the Committee
may request
relevant institutions to submit materials or request interested parties or
experts to attend Committee meetings and state opinions.
Article 12 (Secretary)
The Committee Secretary of paragraph of Article 18 of the Act shall be a
government official in the general service of the Ministry
of Land, Transport, and
Maritime Affairs, belonging to the Senior Civil Service and designated by the
chairperson.
The Secretary shall conduct Committee business activities under orders of the
chairperson.
Article 13 (Subcommittee)
Subcommittees shall deliberate and coordinate the following:
1. Subcommittee on logistics policy: Matters relating to the establishment and
coordination of mid to long term logistics policies;
the promotion and support of
logistics industries and enterprises, the fosterage of logistics manpower, and matters not
within
the jurisdiction of the subcommittee on logistics facilities or the subcommittee
on international logistics;
2. Subcommittee on logistics facilities: Matters relating to the collectivization,
standardization, informatization, and automation
of logistics, and the development of
logistics facilities, equipment, and programs;
3. Subcommittee on international logistics: Matters relating to the promotion and
support of international logistics, such as the
building of international logistics
cooperation systems, exploration of foreign markets by domestic enterprises, attraction
of
foreign logistics enterprises and transshipped cargo, and investment in foreign
logistics facilities.
The Minister shall appoint a chairperson of each subcommittee among the
subcommittee members as per subparagraph 1 of paragraph
.
Subcommittee members shall be any of the following:
1. A government official in general service belonging to the Senior Civil Service of a
government agency as mentioned in subparagraph
1, paragraph of Article 18 of the
Act and is related to the matters to be deliberated and coordinated by the relevant
subcommittee;
2. Three to five persons with expertise and experience in the fields related to the
business of the relevant subcommittee, appointed
by the subcommittee chairperson.
The term of office for subcommittee members who are not government officials shall
be two years.
Such members may be re-appointed.
Articles 10 and 11 shall apply mutatis mutandis to subcommittees.
Article 14 (Allowance, etc.)
Committee or subcommittee members attending Committee or subcommittee meetings
may be remunerated, within the limit of the budget,
allowances and travel expenses,
provided, however, that, in the event that the members are government officials and
their duties
are related to the meeting, the same shall not apply.
Article 15 (Detailed Regulations of Operation)
Except as provided by this Decree, the chairperson of the Committee shall determine
matters necessary for the operation of the Committee
and subcommittees after a
resolution of the Committee.
Article 16 (Local Logistics Policy Committee)
The local logistics policy committee shall consist of 20 or less members, including
the chairperson.
The Mayor/Do governor shall be the chairperson of the local logistics policy
committee, and the following persons appointed or
designated by the chairperson shall
be members:
1. Head of the concerned and neighboring City/Gun/Gu;
2. Government official of a grade 3 level or higher who is in charge of logistics-related
business in the concerned City/Do;
3. Persons with expertise and experience in logistics related fields.
The term of office for members who are not government officials
shall be two years.
Such members may be re-appointed.
Articles 10 through 12, 14 shall apply mutatis mutandis to the local logistics policy
committee.
Other matters necessary for the organization and operation of the local logistics
policy committee shall be prescribed by ordinance
of the relevant City/Do.
Article 17 (Logistics-Related Institution, etc.)
Logistics institutions designated by Presidential Decree, (hereinafter referred to as
"logistics-related institutions"), other
than those of each subparagraph of Article 22 of
the Act, shall refer to the following subparagraphs:
1. Public service institutions under the Public Service Institution Operation Act, which
are related to logistics;
2. Local public enterprises under the Local Public Enterprises Act, which are related to
logistics;
3. Non-profit legal persons established under Article 32 of the Civil Act who are
related to logistics.
"Airports, ports, and industrial complexes designated by Presidential Decree" of
paragraph of Article 22 of the Act shall refer
to the following subparagraphs:
1. Airports with facilities for cargo transportation among those under subparagraph 5
of Article 2 of the Aviation Act;
2. Ports with facilities for cargo transportation among those under subparagraph 1 of
Article 2 of the Harbor Act;
3. National industrial complexes under Item A, subparagraph 5 of Article 2 of the
Industrial Sites and Development Act.
Article 18 (Guidelines for Calculating Enterprises' Logistics Costs)
Guidelines for calculating enterprises' logistics costs under
paragraph of Article 26
of the Act shall include the following subparagraphs:
1. Definition of logistics cost-related terms and concepts;
2. Classification of logistics costs by the criteria of fields and functions, and
classifications between self and delegated;
3. Criteria and methods of calculating logistics costs;
4. Standard forms of logistics cost statements.
Article 19 (Logistics Information Measures)
When taking measures for an efficient logistics system through logistics
informatization, pursuant to paragraph of Article 27
of the Act, the Minister, the
Minister of the Knowledge Economy, or the head of the Korea Customs Service shall
include each of
the following subparagraphs: 1. Standards of logistics information;
2. Introduction and dissemination of telecommunications technology in the logistics
fields;
3. Connection and joint use of logistics information;
4. Security of logistics;
5. Other matters necessary for the improvement of logistics efficiency.
Where necessary for the implementation of paragraph , the
Minister, the Minister
of the Knowledge Economy, or the head of the Korea Customs Service may make a
public notice of, or recommend
logistics-related institutions or enterprises to execute,
such items.
Article 20 (Designation of Institutions in Charge of Unit Logistics Information
Networks)
Relevant government agencies or logistics-related institutions may designate one of
the following as the institution to construct
and operate all or part of the Unit Logistics
Information Network under paragraph of Article 28 of the Act, (hereinafter referred
to as the "institution in charge"):
1. Public service institutions under the Public Service Institution Operation Act;
2. Government-funded research institutions under the Act on the Establishment,
Operation, and Fostering of Government-funded Research
Institutions and the Act on
the Establishment, Operation, and Fostering of Government-funded Research
Institutions in the Science
and Technology Fields;
3. Corporations under the Commercial Act with a paid-in capital of KRW1 billion or
more, provided, however, that a single shareholder,
except the Government, public
service institution, or non-profit legal person, may not own more than 15% of the total
voting shares.
When designating the institution in charge, relevant government agencies or
logistics-related institutions shall determine the
designation criteria, and methods and
periods of application for designation, and announce said matters in the Official Gazette,
official bulletin, or the Internet homepage for 30 days or more.
When designating the institution in charge, relevant government
agencies or
logistics-related institutions shall comprehensively review the applicant's capabilities
for conducting business and
the reasonableness of their business plan.
When designating the institution in charge, relevant government agencies or
logistics-related
institutions shall deliver a certificate of designation. In such a case, they
shall notify other relevant government agencies or
Logistics Related-Institutions and
announce such said fact in the Official Gazette, official bulletin, or the Internet
homepage.
Article 21 (Designation of a Comprehensive Logistics Information Network Operator)
"Public Service Institution designated by Presidential
Decree" of subparagraph 1,
paragraph of Article 29 and subparagraph 2, paragraph of Article 30 of the Act
shall refer to an institution
falling under any of the following subparagraphs:
1. Korea Railroad Corporation under the Korea Railroad Corporation Act;
2. Korea Expressway Corporation under the Korea Expressway Corporation Act;
3. Incheon International Airport Corporation under the Incheon International Airport
Corporation Act;
4. Korea Airports Corporation under the Korea Airports Corporation Act;
5. Korea Land Corporation under the Korea Land Corporation Act;
6. Korea Container Terminal Authority under the Korea Container Terminal Authority
Act;
7. Port Authority under the Port Authority Act;
8. Other institutions designated and announced by the Minister.
A person intending to be designated as a comprehensive logistics
information
network operator of paragraph of Article 29 of the Act pursuant to paragraph of
Article 29, (hereinafter referred to
as the "comprehensive logistics information network
operator"), shall prepare an application for designation and accompanying documents
set forth in the Ordinance of the Ministry of Land, Transport, and Maritime Affairs, and
submit them to the Minister, where there
is a public notice under paragraph .
Where intending to receive applications for designation as a comprehensive logistics
information network operator, the Minister
shall determine, after deliberation by the
subcommittee on logistics facilities under subparagraph 2, paragraph of Article 19 of
the Act, review criteria by categories, application methods, periods of receiving
application, etc, and make a public notice thereof
for 30 days or more in the Gazette.
Where intending to desig nate a comprehensive logistics information network
operator, the Minister shall comprehensively review
the applicant's capabilities of
conducting business and the reasonableness of their business plan.
After designating a comprehensive logistics information network operator, the
Minister shall deliver a certificate of designation
set forth in the Ordinance of the
Ministry of Land, Transport, and Maritime Affairs, and announce such said fact in the
Gazette.
After canceling a designation of a comprehensive logistics information network
operator pursuant to Article 31 of the Act, the
Minister shall announce such said fact in
the Official Gazette.
Article 22 (Designation of a National Logistics Integrated Database Operator)
Article 21 of the Act shall apply mutatis mutandis
to any Designation of a national
logistics integrated database operator pursuant to paragraph of Article 30 of the Act.
Article
23 (Scope of Duties of Comprehensive Logistics Information Network
Operator)
A comprehensive logistics information network operator shall conduct the following
duties:
1. Basic survey, design, and construction of a comprehensive logistics information
network;
2. Promoting the distribution and use of electronic documents and logistics
information;
3. Transmission of logistics information;
4. Developing and operating the information network for cargo and means of cargo
transport;
5. Construction and security management of computing equipment, such as computers
and telecommunication equipment;
6. Providing technical information on the comprehensive logistics information
network;
7. Other matters deemed necessary by the Minister.
A national logistics integrated database operator shall conduct the following
duties,
which shall not interfere or overlap with those of a person delegated with the duties of
building and operating the national
traffic database under Article 9-4 of the Traffic
System Efficiency Act and Article 24 of the Enforcement Decree as prescribed under
such said Act:
1. Basic survey, design, and construction of the national logistics integrated database;
2. Survey, collection, processing, and storage of logistics information;
3. Providing logistics information to users;
4. Promoting the distribution and use of logistics information;
5. Other matters deemed necessary by the Minister.
A comprehensive logistics information network operator and national logistics
integrated database operator shall submit accomplishments of the previous year and the
business plan for the current year, including
activities related to paragraphs and ,
to the Minister by the end of February each year.
"Logistics-related duties described by Presidential Decree" of paragraph of Article
32 of the Act and "relevant duties such as the
use of logistics facilities described by
Presidential Decree" of paragraph of Article 35 of the Act shall refer to the
development
and use of logistics facilities, support of logistics businesses, various
applications and reports concerning logistics businesses,
and other activities related to
the administration of logistics, among the duties based on the Act and the following
statutes and
decrees prescribed hereunder: 1. Public Order in Open Ports Act;
2. Quarantine Act;
3. Pilotage Act;
4. Logistics Facility Development and Operation Act;
5. Commercial Act;
6. Railroad Business Act;
7. Aviation Act;
8. Harbor Act;
9. Harbor Transport Business Act;
10. Marine Transport Act;
11. Trucking Transport Business Act;
12. Other statutes announced by the Minister after consultation with heads of relevant
government agencies.
Article 25 (Storage Period for Electronic Documents and Logistics Information)
The storage period for electronic documents and logistics
information pursuant to
paragraph of Article 33 of the Act shall be three years.
Article 26 (Disclosure of Electronic Documents
and Logistics Information)
"Provided for by Presidential Decree" in paragraph of Article 34 of the Act shall
refer to one of the
following subparagraphs, in which neither a threat against national
security nor an invasion of enterprises' business secrets are
present:
1. Requests of relevant government agencies or local governments due to
administrative purposes;
2. Requests of criminal investigation authorities due to investigative purposes;
3. Court orders for the presentation of information;
4. When required by other laws and regulations to disclose information;
5. Where the Minister decides that disclosure is necessary, based on requests by a
comprehensive logistics information network operator
or a national logistics integrated
database operator.
When disclosing electronic documents or logistics information pursuant to paragraph
of Article 34 of the Act, a comprehensive logistics
information network operator or a
national logistics integrated database operator shall obtain the written, (including
electronic
documentation), consent of all interested parties 60 days from the application
of paragraph .
"Interested parties described by Presidential Decree" in paragraph of Article 34 of
the Act shall refer to persons having a direct
interest in the electronic documents or
logistics information in question.
Article 27 (Logistics-Related Laws and Regulations)
"Other logistics-related laws and regulations designated by Presidential Decree"
in
subparagraph 1, paragraph of Article 36 of the Act shall refer to the following:
1. Laws and regulations in subparagraphs 1 through 11 of Article 24;
2. Distribution Industry Development Act;
3. Distribution and Price Stabilization of Agricultural and Fishery Products Act;
4. Other laws and regulations announced by the Minister after consultation with the
Minister of Food, Agriculture, Forestry, and
Fisheries or the Minister of the Knowledge
Economy.
Article 28 (Inspection of Certified Integrated Logistics Company)
Pursuant to paragraph of Article 38 of the Act, the Minister
in charge under
paragraph of Article 38, (hereinafter referred to as the "Minister in Charge"), shall
inspect items pursuant to
the joint ministerial decree of subparagraph 2, paragraph o f
Article 38, (hereinafter referred to as the "Joint Ministerial Decree"),
as to whether or
not a person certified as a integrated logistics company under paragraph of Article 38,
(hereinafter referred
to as the "certified integrated logistics company"), continues to
meet the requirements of paragraph of Article 38, once every two
years.
The Minister in Charge may conduct a separate inspection pursuant to the Joint
Ministerial Decree if he/she decides that
the certified integrated logistics company fails
to meet the requirements of paragraph of Article 38.
The Minister in Charge may,
pursuant to the Joint Ministerial Decree, have the
certification center for a integrated logistics company under Article 40 of the
Act,
(hereinafter referred to as the "certification center"), conduct inspections under
paragraphs or .
Article 29 (Support Activities for Certification Center, etc.)
"Other support activities necessary for the smooth certification
work as prescribed by
Presidential Decree" in subparagraph 4, paragraph of Article 40 of the Act shall refer
to activities falling
under any of the following subparagraphs:
1. Preparation of detailed rules of certification, such as methods and procedures of
reviews of certification under paragraph of
Article 38 of the Act, (hereinafter referred
to as "certification");
2. Establishment and report of results concerning certification review plans, and
inspection plans of Article 28 of the Act;
3. Administration of members of the certification review committee;
4. Public relations activities on the certification system and the certified integrated
logistics company;
5. Research of certification systems;
6. Other business activities determined and announced by the Minister.
After the designating of a certification center pursuant
to paragraph of Article 40,
the Minister shall announce such said fact in the Gazette.
"Other logistics-related facilities designated by Presidential Decree" in subparagraph 4,
paragraph of Article 40 of the Act shall
refer to facilities falling under each of the
following subparagraphs: 1. Logistics facilities and subsidiary facilities, among railroad facilities under the
Framework Act on the Development of the Railroad
Industry;
2. Facilities intended for the transport of cargo in airport zones, subsidiary facilities,
and support facilities, among airport
facilities under the Aviation Act;
3. Collection/delivery facilities and joint collection/delivery centers under the
Distribution Industry Develop Act;
4. Other logistics-related facilities announced by the Minister after consultation with
heads of relevant government agencies.
Article 31 (Establishment of International Forwarding Business-Related Association)
International forwarder under paragraph of
Article 43 of the Act, (hereinafter
referred to as "international forwarders"), may establish an international forwarding
business-related
association under paragraph of Article 48 of the Act, (hereinafter
referred to as the "international forwarding business-related
association"), on a national
basis or on a City/Do basis.
A person intending to establish an international forwarding business-related
association shall submit to the Minister an application
for approval of establishment
accompanied by the following documents, after obtaining a resolution of the
incorporating meeting
under paragraph of Article 48 of the Act:
1. Articles of incorporation;
2. List and resumes of incorporators;
3. List of members;
4. Business plan and revenue and expenditure plan of the budget;
5. Minutes of the incorporating meeting.
Article 32 (Business of the International Forwarding Business-Related Association)
The
international forwarding business-related association shall conduct the following:
1. Promotion of the sound development of the international forwarding business and
the common interests of international forwarders;
2. Preparation and administration of statistics necessary for fostering and developing
international forwarding businesses, and collecting,
investigating, and researching
foreign materials;
3. Education and training of officers and employees;
4. Guidance for improving the management of the international forwarding business;
5. Business delegated from the Minister;
6. Additional business activities to those of subparagraphs 1 through 5.
Article 33 (Articles of Incorporation of the International
Forwarding Business-Related
Association)
Articles of incorporation of the international forwarding business-related association
shall include the following:
1. Purpose;
2. Name;
3. Location of office;
4. Members and general meeting;
5. Officer;
6. Business;
7. Accounting and member fees;
8. Amendment of Articles of incorporation;
9. Dissolution;
10. Method of public notice.
Article 34 (Training of Logistics Manpower)
"Fields of logistics designated by Presidential Decree" of paragraph of Article 50 of
the Act shall refer to the following:
1. Fields related to logistics business activities;
2. Research and development of logistics facilities and equipment;
3. Research and development of informatization, standardization, and collectivization
of logistics.
Article 35 (Examination for the Qualifications of a Logistics Manager)
Examination for the qualifications of logistics managers
under Article 51 of the Act,
(hereinafter referred to as the "examination"), shall be given once per year, provided,
however, that
if the Minister recognizes a special need on account of the demand and
supply of certified professional logistics, the examination
may be given once every two
years.
Article 36 (Examination Method)
Examinations shall be in writing.
Examinations shall be in a multiple-choice format, in principle. However, essay
formats may be added.
Article 37 (Examination Subject)
Examinations shall have a focus on certifying basics and the knowledge necessary
for logistics management, and on certifying theoretical
and practical capabilities.
Examination subjects shall be as shown in attached Table 2.
A person who has completed (restricted
to earning credits) all the courses of logistics
management, (excluding cargo transport, storage loading/unloading, and international
logistics), cargo transport, storage loading/unloading, and international logistics at a
graduate school where such courses are
given, and received a degree higher than a
master's degree, shall be exempted from the subjects of paragraph , except for the
subject
of logistics-related law.
Article 38 Deleted
Article 39 (Forming Examination Questions)
The Minister may designate or appoint persons who will be in charge of making and
selecting questions, (hereinafter referred to
as the "examiner"), among persons with
expertise and experience in the logistics-related fields.
In order to implement the examination, the Minister shall announce the content, date,
and place of the examination, and the method
for determining successful candidates in
important daily newspapers at least 30 days before the examination date.
A person intending to take the examination shall submit an application as prescribed
by Ordinance of the Ministry of Land, Transport,
and Maritime Affairs.
A person submitting an application under paragraph shall pay fees as prescribed
by Ordinance of the Ministry of Land, Transport,
and Maritime Affairs.
If a person having paid fees under paragraph withdraws the application pursuant
to the Ordinance of the Ministry of Land, Transport,
and Maritime Affairs, all or part of
the fees paid shall be refunded.
Article 42 (Establishment of the Logistics-Related Association)
Where intending to establish a logistics-related association under
Article 55 of the Act,
(hereinafter referred to as the "logistics-related association"), logistics enterprises,
consignor enterprises,
and others related to logistics activities shall submit to the
Minister an application prescribed by Ordinance of the Ministry of
Land, Transport, and
Maritime Affairs accompanied by the following documents, pursuant to paragraph of
Article 55 of the Act:
1. Articles of incorporation;
2. List and resumes of incorporators;
3. List of members;
4. Business plan and revenue and expenditure plan of the budget;
5. Minutes of the incorporating meeting.
Article 43 (Duties of the Logistics-Related Association)
The logistics-related association
shall conduct the following activities:
1. Promotion of the sound development of relevant businesses and the common
interests of relevant business operators;
2. Preparation and administration of statistics necessary for fostering and developing
relevant businesses, and collecting, investigating,
and researching foreign materials;
3. Education and training of officers and employees;
4. Guidance for improving the management of relevant businesses;
5. Business delegated from the Minister;
6. Additional business activities to those of subparagraphs 1 through 5.
Article 44 (Articles of Incorporation of the Logistics-Related
Association)
With respect to matters to be included in the Articles of incorporation of a logistics-
related association, Article
33 shall apply mutatis mutandis.
Article 45 (Establishment of a Logistics Support Center)
"logistics-related association and logistics-related
organizations designated by
Presidential Decree" in paragraph of Article 56 of the Act shall refer to an
association or group falling
under any of the following subparagraphs:
1. International forwarding business association;
2. Logistics-related association;
3. Associations and federations established by trucking transport business operators
under paragraph of Article 33 and paragraph
of Article 35 of the Trucking
Transport Business Act;
4. Non-profit legal persons established under Article 32 of Civil Act related to
logistics;
5. Other institutions designated and announced by the Minister after consultation with
the heads of relevant government agencies.
Article 46 (Operation of a Logistics Support Center)
Logistics support centers established under Article 56 of the Act shall be
organized
so as to effectively conduct the relevant business activities, such as a head of the center.
The Head of the center
shall establish a business plan each year, make rules for the
organization, personnel, duties, remuneration, accounting, assets,
and documents, and
conduct business activities pursuant thereto.
The Heads of government agencies providing administrative and financial support
under paragraph of Article 56 of the Act may request
the head of the center to submit
the accomplishments of the previous year and the business plan for the current year,
including
businesses of paragraph of the above Article, to the Minister by the end of
February each year.
Article 47 (Environmentally Friendly Logistics Activities)
"Other environmentally friendly logistics activities designated by Presidential
Decree"
in subparagraph 3, paragraph of Article 59 of the Act shall refer to the following:
1. Introduction and development of an environmentally friendly logistics system;
2. Reduction of waste due to logistics activities;
3. Other matters related to saving and recycling logistics resources, as designated by
the Minister.
Article 48 (Support for Conversion into Environmentally Friendly Means of Transport)
Objects of support of paragraph of Article
60 of the Act shall be any of the
following subparagraphs:
1. Conversion into means of transport reducing or capable of reducing the exhaust of
trucks, rolling stocks, ships, and aircraft,
and investment in the facilities and equipment
for such purposes;
2. Conversion into means of transport using environmentally friendly fuel, and
investment in the facilities and equipment for such
purposes;
Content of support of paragraph of Article 60 of the Act shall be any of the
following:
1. Subsidy, loan, and brokering of a loan required for conversion into environmentally
friendly means of transport;
2. Education, consulting, and provision of information required for conversion into
environmentally friendly means of transport;
3. Other matters announced by the Minister in order to support conversion into
environmentally friendly means of transport after
consultation with the heads of
relevant government agencies.
Article 49 (Support for International Logistics Businesses)
"Logistics enterprises or related organizations designated by Presidential
Decree" of
paragraph of Article 61 of the Act shall refer to enterprises or organizations
corresponding to one of the following
subparagraphs: 1. Enterprises conducting logistics business activities;
2. Government-funded research institutions, as mentioned below, under the Act on the
Establishment, Operation, and Fostering of Government-funded
Research Institutions;
A. Korea Research Institute for Human Settlement;
B. Korea Transport Institute;
C. Korea Maritime Institute.
3. Korea Railroad Research Institute under the Act on the Establishment, Operation,
and Fostering of Government-funded Research Institutions
in the Science and
Technology Fields;
4. International forwarding business associations;
5. Logistics-related associations;
6. Logistics support centers under Article 56 of the Act;
7. Associations and federations established by trucking transport business operators
under paragraph of Article 33 and paragraph
of Article 35 of the Trucking
Transport Business Act;
8. Korean international Trade Association established under Article 32 of the Civil Act
related to logistics;
9. Other institutions designated and announced by the Minister after consultation with
the Minister of the Knowledge Economy.
Article 50 (Target Organization of the Evaluation of Investment Attraction Activities,
etc.)
The Minister may evaluate investment attraction activities under paragraph of
Article 63 of the Act as regards persons who were
granted ownership of or a right to
manage and operate the following logistics facilities: 1. Logistics facilities located at international airports, among the airports under
paragraph of Article 2 of the Aviation Act, and
ass ociated sites;
2. Logistics facilities located in trade ports, among the designated ports under
paragraph of Article 2 of the Port Act, and associated
sites;
The Minister may request any evaluated institution to submit materials if necessary
for evaluation under paragraph .
The Minister may provide differentiated administrative and financial support to the
evaluated institutions depending on the results
of any evaluations.
Article 51 (Delegation of Authority)
The Minister shall delegate the following authorities to the Mayor/Do governor
pursuant to Article 65 of the Act: 1. Registration and registration for a change of international forwarding business
pursuant to paragraphs and of Article 43 of
the Act;
2. Acceptance of an application for the succession of an international forwarding
business pursuant to paragraph of Article 45 of
the Act;
3. Acceptance of a report of suspension, discontinuation, and/or dissolution of an
international forwarding business pursuant to
paragraphs and of Article 46 of the
Act;
4. Cancellation of registration and order of a suspension of an international forwarding
business pursuant to paragraph of Article
47 of the Act;
5. Imposition and collection of a surcharge from an international forwarder pursuant to
Article 67 of the Act;
6. Hearing for an international forwarder pursuant to paragraph of Article 68 of the
Act;
7. Collection of fees pursuant to subparagraph 2, paragraph of Article 69 of the Act;
8. Imposition and collection of civil penalties from an international forwarder pursuant
to subparagraph 2, paragraph of Article
73 of the Act.
When conducting any delegated business activities under paragraph (excluding
subparagraphs 6 and 7), the Mayor/Do
governor shall integrate the results each quarter
and report said results to the Minister within 15 days of the end of each quarter.
Article 52 (Violation Activities Attracting the Imposition of a Surcharge and the Amount
of the Surcharge)
The types of violations for which a surcharge shall be imposed under paragraph of
Article 67 of the Act and the amount of the surcharge
shall be as shown in the attached
Table 3.
The Minister, (referring to the Mayor/ Do governor when authorities are delegated to
the Mayor/Do governor), may increase or decrease
the amount of the surcharge under
paragraph within 50% of the amount considering the business size, characteris tics of
the business
area, and the severity and number of violations of the international
forwarder. The amount of the surcharge shall not exceed KRW10
million, even where
increased.
Article 53 (Imposition and Collection of a Surcharge)
Where intending to impose a surcharge on a person committing a violation under
paragraph of Article 52 of the Act, the Minister shall investigate and verify such said
violation, and notify the person obligated
to pay the surcharge to make payments, by
clarifying in writing the violation, and the method and period of appeal.
A person receiving a notification under paragraph shall pay to the money
receiving institutions designated by the Minister within
20 days of receipt of the
notification, provided, however, that if he/she is not able to pay due to force majeure
such as an Act
of God, he/she is allowed to pay within 7 days of the end of such said
force majeure.
Institutions receiving the surcharge payment pursuant to paragraph shall issue a
receipt.
When issuing a receipt pursuant to paragraph , the money receiving institution of
the surcharge shall send the Minister a notification
of the receipt.
The surch arge shall not be paid in installments.
Article 54 (Demands for Payment and Collection of a Surcharge)
When a person
receiving a notification to pay a surcharge under paragraph of
Article 53 of the Act fails to pay by the due date, the Minister
shall send a demand
notice within 7 days of the expiration of the due date. In such cases, the due date shall
be within 10 days
of sending the demand notice.
Article 55 (Imposition of a Civil Penalty)
Criteria for the imposition of a civil penalty under paragraph of Article 73 of the
Act shall be as shown in the attached Table
4.
The Minister may increase or decrease the amount of a civil penal under the attached
Table 4 within 50% of the amount considering
motive for, and the number of, relevant
violations. The amount of the civil penalty shall not exceed KRW2mil, even where
increased.
[Entire article amended Apr 30, 2009]
ADDENDUM [No. 21464, Apr 30, 2009]
This Decree shall enter into effect on May 7th
of 2009.
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