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ENFORCEMENT DECREE OF THE FOREIGN TRADE ACT
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ENFORCEMENT DECREE OF THE FOREIGN TRADE ACT
ENFORCEMENT DECREE OF THE FOREIGN TRADE ACT
INTRODUCTION
Details of Enactment and Amendment
- Enactment: This Decree was enacted by the Presidential Decree No. 12191, on June 30, 1987, for the purpose of prescribing the matters
delegated by the Foreign Trade Act and those necessary for the enforcement therof.
- Amendment: This Decree has arrived at its present form as a result of being amended 4 times (excluding the amendment by other Acts
and subordinate statutes) after being wholly amended on February 28, 1997.
Main Contents
- The Minister of Commerce, Industry and Energy may, for the purpose of effectively implementing action plans to promote trades according
to regions, establish and operate a consultative body in which Cities/Dos and other authorities or organizations related to trade
and commerce take part (Article 16).
- The Minister of Commerce, Industry and Energy shall designate any person who assists other persons in trade or delivers electronic
trade documents through information and communications networks for 6 months or more and who holds operating systems necessary to
conduct the electronic trade brokerage business as an electronic trade mediation agency (Article 18-5).
- Goods the export or import of which is restricted or prohibited shall be those which are designated and notified by the Minister
of Commerce, Industry and Energy for the purpose of fulfilling obligations under treaties and international law, preserving natural
living resources, improving economic cooperation with other trading partners, or effectively supplying and demanding materials such
as raw materials and machinery for defense industry, aircraft and parts thereof, or if necessary for the development of scientific
technology and for trade and industrial policies (Article 24).
- The Minister of Commerce, Industry and Energy shall, for the purpose of maintaining export or import transactions in good order
or performing them effectively, develop and operate any computerized management system such as database of export or import statistics
and may request the Commissioner of the Korea Customs Service to present information necessary therefor (Articles 30 and 31).
- Any person who intends to receive a judgment on whether exported goods, etc. fall under strategic materials shall submit an application
therefor accompanied by specifications of technical characteristics of those exported goods, etc., technical data indicating the
use and performance thereof, etc. to the Minister of Commerce, Industry and Energy or the head of a competent administrative agency,
who shall make a judgment on whether or not to fall under strategic materials and give notice within 15 days (Article 40-2).
- Any person who intends to import goods subject to mark of origin may, prior to such importation, request the Minister of Commerce,
Industry and Energy to confirm that the judgment on the origin and the method of marking the origin are appropriate (Article 54).
- Any person who violates the mark of origin shall be ordered to take corrective measures such as the restoration to original status
and the suspension of transactions in the violating goods, and such order to take corrective measures shall be given in writing clarifying
violated matters and the term of correction (Article 54-2).
- Any act of exporting or importing goods the quality, etc. of which is falsely or exaggeratedly described, of causing any difficulty
in exporting to or importing from a particular region by damaging overseas credibility because the terms and conditions of export
or import transactions are not fulfilled as prescribed in such transactions, of falsely issuing shipping documents or forging or
counterfeiting them, or of taking over imported goods without conforming to the justifiable procedures such as a failure to submit
the original of a bill of lading, etc. shall be designated as an order to take corrective measures or an unfair export or import
act subject to the imposition of penalty surcharge (Article 87).
- There shall be established a Dispute Conciliation Commission to reconcile disputes between a pre-shipment inspection agency conducting
any inspection of goods exported by a domestic enterprise prior to the shipment thereof in the Republic of Korea on behalf of the
Government of an importing country and such exporting domestic enterprise if those disputes occur (Articles 94 through 103).
ENFORCEMENT DECREE OF THE FOREIGN TRADE ACT
Amended by Presidential Decree No. 18903, Jun. 30, 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide for such matters delegated by the Foreign Trade Act and necessary for the implementation
of the Foreign Trade Act.
Article 2 (Definitions)
The definitions of terms used in this Decree shall be as follows: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential
Decree No. 17186, Mar. 31, 2001; Presidential Decree No. 18200, Dec. 30, 2003>
1.The term domestic means the territory under the control of the sovereignty of the Republic of Korea;
2.The term foreign country means the area which is not considered domestic;
3.The term exports means the matters falling under any of the following items:
(a) The movement of goods from the Republic of Korea to a foreign country by virtue of sale, exchange, lease, loan, gift, etc. (including
the sale or delivery of mineral resources gathered or fishing stocks caught by Korean vessels in a foreign country to another foreign
country), and transfer of goods from a foreign country to another foreign country for value and which satisfies such requirements
determined and notified by the Minister of Commerce, Industry and Energy;
(b) The providing of services under Article 2-2 by the resident under Article 3 (1) 12 of the Foreign Exchange Transactions Act (hereinafter
referred to as the resident ) to the non-resident under Article 3 (1) 13 of the same Act (hereinafter referred to as the non-resident
) by such means as determined and publicly noticed by the Minister of Commerce, Industry and Energy; and
(c) The transfer of immaterial goods of electronic forms under Article 2-3 by the resident to the non-resident by means of electrical
transmission through information communications network and other means as determined and publicly noticed by the Minister of Commerce,
Industry and Energy;
4.The term imports means the matters falling under any of the following items:
(a) The movement of goods from a foreign country to the Republic of Korea by means of sale, exchange, lease, loan, gift, etc., and
taking of goods delivered from a foreign country to another foreign country for value which satisfies such requirements determined
and notified by the Minister of Commerce, Industry and Energy;
(b) The providing of services under Article 2-2 by the non-resident to the resident by such means as determined and publicly noticed
by the Minister of Commerce, Industry and Energy; and
(c) The transfer of immaterial goods of electronic forms under Article 2-3 by the non-resident to the resident by means of electrical
transmission through information communications network and other means as determined and publicly noticed by the Minister of Commerce,
Industry and Energy;
5.and 6.Deleted; <by Presidential Decree No. 17186, Mar. 31, 2001>
7.The term raw materials or machinery for obtaining foreign currencies means raw materials, machinery and products for obtaining
foreign currencies;
8.The term raw materials for obtaining foreign currencies means raw and supplementary materials, parts and components necessary
for the production (hereinafter referring to manufacturing, processing, assembling, repairing, recycling or modifying; hereinafter
the same shall apply) of the goods, the services under Article 2-2, and the immaterial goods of electronic forms (hereinafter referred
to as goods, etc. ) under Article 2-3 provided for obtaining foreign currencies;
9.The term machinery for obtaining foreign currencies means facilities, machinery, apparatus, parts and components (including parts
and components necessary for repairing defects and for maintenance) used for the production of goods, etc. provided for obtaining
foreign currencies;
10.The term products for obtaining foreign currencies means goods, etc. provided for obtaining foreign currencies in the state in
which they need not pass through processing stages after they are imported;
11.The term actual results of exports means the amount of exports cleared through the customs, the amount of money received, the
expected value for exports, and the domestic price of raw materials and machinery for obtaining foreign currencies provided for exports
which satisfies such requirements determined and notified by the Minister of Commerce, Industry and Energy; and
12.The term actual results of imports means the amount of imports cleared through the customs and the amount of payments which satisfies
such requirements determined and notified by the Minister of Commerce, Industry and Energy.
Article 2-2 (Scope of Services)
The term services as prescribed by the Presidential Decree in subparagraph 1 of Article 2 of the Act means those falling under any
of the following subparagraphs: <Amended by Presidential Decree No. 18903, Jun. 30, 2005>
1.Services provided by the person who is engaged in the category of business falling under any of the following items:
(a) Management consulting business;
(b) Judicial affairs-related service business;
(c) Accounting and tax-related service business;
(d) Engineering service business;
(e) Design;
(f) Computer system layout and consulting business;
(g) Category of business falling within the cultural industry under subparagraph 1 of Article 2 of the Framework Act on the Promotion
of Cultural Industries; and
(h) Other knowledge-based service businesses, etc., which are expected to have a bright prospect of export, as determined and publicly
noticed by the Minister of Commerce, Industry and Energy; and
2.Transfer of the patent rights, utility model rights, design rights, trademark rights, copyrights, neighboring rights, program copyright,
layout design rights of semiconductor integrated circuits protected by domestic Acts and subordinate statutes and by the treaties
to which the Republic of Korea is a party, the establishment of exclusive licenses on those rights, or the grant of non-exclusive
licenses on those rights.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Article 2-3 (Immaterial Goods of Electronic Forms)
The term immaterial goods of electronic forms as prescribed by the Presidential Decree in subparagraph 1 of Article 2 of the Act
means the matters falling under any of the following subparagraphs:
1.Software under the provisions of subparagraph 1 of Article 2 of the Software Industry Promotion Act;
2.Articles as determined and publicly noticed by the Minister of Commerce, Industry and Energy, such as the data or information, etc.
manufactured or treated by digital modes from sign, letter, voice, sound, image or video, etc.; and
3.Articles as determined and publicly noticed by the Minister of Commerce, Industry and Energy, such as the aggregate of subparagraphs
1 and 2 and other immaterial goods of electronic forms similar to them.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 3 (Measures for Promotion of Trade)
(1)According to Article 4 of the Foreign Trade Act (hereinafter referred to as the Act ), the Minister of Commerce, Industry and
Energy may take measures to promote trade as follows, or may request the head of the competent administrative authority to take necessary
measures: <Amended by Presidential Decree No. 15936, Dec. 10, 1998; Presidential Decree No. 16191, Mar. 17, 1999; Presidential
Decree No. 16920, Jul. 27, 2000; Presidential Decree No. 18200, Dec. 30, 2003>
1.Creation of environment and promotion of investments into facilities, by which the competitiveness of export industry is enhanced;
2.Improvement of product quality to increase the rate of acquiring foreign currencies, and promotion of uses of domestically produced
raw materials and machinery for obtaining foreign currencies;
3.Adjustment of exports or imports to enhance the cooperation in commerce;
4.Arrangements between exports and imports to achieve the balanced trades between regions;
5.Support of trade activities and industrial cooperation by private sectors;
6.Reduction or exemption of taxes, etc. with regard to trade-related installations;
7.Creation of environment in which the system of scientific administration of trade functions is established and operated in effective
ways, and promotion of uses of the system of scientific administration of trade functions by trading communities and other relevant
institutions;
7-2.Assistance to overseas expansion of domestic enterprises;
7-3.Assistance to the investigation and settlement of difficulties encountered by domestic enterprises doing business overseas; and
8.Other measures which are considered necessary for the continuous increase of exports or imports.
(2)Trade-related installations which are eligible for supports, according to Article 4 (2) 2 of the Act, shall be designated by the
Minister of Commerce, Industry and Energy as installations with functions and capacity of categories under the following subparagraphs:
<Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 18200, Dec. 30, 2003>
1.A trade exhibition center: installations by which trade samples may be displayed, whose indoor floor area for display covers not
less than 2,000 , and which have a conference room whose capacity is not less than 50 people;
2.A traders training institute: installations by which professional traders are trained and educated, whose floor area covers not
less than 2,000 , and whose maximum capacity is not less than 500 people; and
3.Convention center: conference installations whose floor area covers not less than 4,000 and whose maximum capacity is not less
than 2,000 people.
(3)The term a person dealing with the business of establishing or operating the system of scientific administration of trade functions
referred to in Article 4 (2) 3 of the Act shall be construed as a businessman from among businessmen designated pursuant to Article
5 of the Act on the Promotion of Office Automation for Trade, who establishes and operates the system of scientific administration
of trade functions.
(4)Deleted. <by Presidential Decree No. 16920, Jul. 27, 2000>
Article 4 (Investigation and Consultation Procedures for Special Measures)
(1)The Minister of Commerce, Industry and Energy, where he intends to take measures relating to restrictions on and prohibition of
exportation or importation of goods, etc. against trading partners for grounds of subparagraph 2, 3 or 5 of Article 5 of the Act
(hereinafter referred to as the special measures ), shall conduct in advance investigations of facts. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2)Any person who has interest in facts specified in subparagraph 2, 3 or 5 of Article 5 of the Act may request the Minister of Commerce,
Industry and Energy to take special measures. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3)In case of request pursuant to paragraph (2) above, the Minister of Commerce, Industry and Energy shall make a decision within
30 days from the date of request as to whether or not to commence investigations of facts and shall notify the results of investigation
to the requesting person. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(4)In case of investigation pursuant to paragraph(1) above, the Minister of Commerce, Industry and Energy, where he deems necessary,
shall consult in advance with the trading partner. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(5)Where the Minister of Commerce, Industry and Energy commences investigation pursuant to paragraph (1) above, he shall forthwith
notify the fact publicly and shall complete the investigation within a year from the date of its commencement. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999>
(6)In case of special measures, the Minister of Commerce, Industry and Energy shall consult in advance with the head of the competent
administrative authority. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(7)The Minister of Commerce, Industry and Energy, where he intends to take special measures pursuant to Article 5 of the Act, shall
give public notice of contents of special measures, and, in the case of special measures taken upon request pursuant to paragraph
(2), he shall notify thereof to the requesting person. The same shall also apply to the cases in which the special measure is withdrawn.
<Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Articles 5 through 12 Deleted.
<by Presidential Decree No. 16191, Mar. 17, 1999>
CHAPTER II PROMOTION OF TRADE
Article 13 (Establishment of Action Plans to Promote Trade)
The Minister of Commerce, Industry and Energy, where he intends to establish action plans to promote trade in accordance with Article
8 (1) of the Act, may seek necessary assistance from the competent administrative authority, local governments, the Korea Trade and
Investment Promotion Corporation established under the Korea Trade and Investment Promotion Corporation Act (hereinafter referred
to as the Korea Trade and Investment Promotion Corporation ), the Korea International Trade Association established with permission
from the Minister of Commerce, Industry and Energy under Article 32 of the Civil Act (hereinafter referred to as the Korea International
Trade Association ), and other authorities or associations concerned with trade and commerce. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999>
Article 14 (Other Contents of Action Plans to Promote Trade)
References in Article 8 (2) 6 of the Act to other matters as determined by the Presidential Decree shall be construed as those of
the following subparagraphs: <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
1.Action plans to promote trade in each of principal regions, economic blocs, or industries;
2.Action plans as to trade activities by authorities or associations which are involved in the promotion of trade and commerce; or
3.Other action plans to promote trade which the Minister of Commerce, Industry and Energy deems necessary with regard to the promotion
of trade and commerce.
Article 15 (Investigation, etc. of Trade-related Systems)
(1)The Minister of Commerce, Industry and Energy, where he deems necessary for the establishment of action plans to promote trade
in accordance with Article 8 (3) of the Act, may request the competent administrative authority, the Korea Trade-Investment Promotion
Agency, the Korea International Trade Association and other authorities or associations concerned with trade and commerce to conduct
investigations of or inquiries into relevant fields or particular matters. <Amended by Presidential Decree No. 16191, Mar. 17,
1999>
(2)The Minister of Commerce, Industry and Energy may establish and operate an Advocacy Center to investigate difficulties encountered
by domestic enterprises doing business overseas and to assist them in conducting overseas business activities under Article 8 (3)
and (4) of the Act. <Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003>
(3)Necessary matters concerning the establishment and operation of the Advocacy Center shall be determined by the Minister of Commerce,
Industry and Energy. <Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003>
Article 16 (Cooperation, etc. with Local Governments)
(1)For the effective implementation of action plans to promote trades in each region by Article 8 (6) of the Act, the Minister of
Commerce, Industry and Energy may establish and operate a consultative body in which the Special Metropolitan City, the Metropolitan
City, or Do and other authorities or associations concerned with trade and commerce take part. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999>
(2)Matters necessary for the composition and operation of the consultative body pursuant to paragraph (1) above shall be determined
by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 17 (Procedures on Support of Cooperative Activities by Private Sectors)
(1)Authorities or associations concerned with trade and commerce intending to get supported pursuant to Article 9 (1) of the Act shall
submit an application accompanied by business plans containing details of projects, expected results of projects, etc. to the Minister
of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(2)The Minister of Commerce, Industry and Energy, where he deems necessary to promote effectively the cooperative activities involving
trade and commerce, industry, technology or energy, etc. after the evaluation of business plans submitted pursuant to paragraph (1)
above, may provide finances, manpower and information, etc. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3)Matters necessary for conditions of supports pursuant to paragraph (2) above shall be determined by the Minister of Commerce, Industry
and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(4)The Minister of Commerce, Industry and Energy, where he deems necessary for supports pursuant to paragraph (2) above, may seek
assistance from the head of the competent administrative authority. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(5)The associations for which supports are provided shall file reports with regard to results of projects with the Minister of Commerce,
Industry and Energy within three months after the date on which supports of projects have been completed. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999>
Article 18 (Collection and Analysis of Information on Trade and Commerce)
The Minister of Commerce, Industry and Energy, where he deems necessary for the collection and analysis of information pursuant to
Article 9 (2) of the Act, may request relevant authorities or associations involving trade and commerce to provide information on
trend analysis or forecast of exports or imports. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 18-2 (Standards for Designation of General Trading Company, etc.)
(1)A person who is eligible for the designation as a General Trading Company under Article 9-2 (1) of the Act shall be a listed corporation
under Article 2 (13) of the Securities and Exchange Act falling under the following subparagraphs: <Amended by Presidential Decree
No. 17807, Dec 18, 2002>
1.A corporation whose customs-cleared export amount for the previous year accounts for 2 percent or more of the total customs-cleared
export amount of Korea for the previous year; and
2.A corporation which has exported to 30 countries or more recording an export performance amount of not less than 1 million U.S.
dollars per each of the countries for the previous year, and operates 20 or more of local corporations or business places abroad.
(2)Any person who is eligible for the designation as a Specialized Trading Company under Article 9-2 (2) of the Act shall be a corporation
whose capital is not less than 7 billion won and which meets the following requirements: <Newly Inserted by Presidential Decree
No. 18200, Dec. 30, 2003>
1.A corporation in which an export amount of the previous year of such hi-tech products as determined and publicly noticed by the
Minister of Commerce, Industry and Energy amounts to not less than 50 percent of the total export amount of the previous year; and
2.A corporation in which an export amount of the previous year of the products, etc. not produced by the corporation amounts to not
less than 50 percent of the total export amount of the previous year.
(3)A person who desires to be designated as a General Trading Company or a Specialized Trading Company shall apply to the Minister
of Commerce, Industry and Energy with the documents as determined by the Minister of Commerce, Industry and Energy. <Amended by
Presidential Decree No. 18200, Dec. 30, 2003>
(4) The Minister of Commerce, Industry and Energy shall, when having designated the General Trading Company or the Specialized Trading
Company, notify it publicly. <Amended by Presidential Decree No. 18200, Dec. 30, 2003>
[This Article Newly Inserted by Presidential Decree No. 16191, Mar. 17, 1999]
Article 18-3 (Composition of Council on Entrusted Enterprises)
The Minister of Commerce, Industry and Energy may, in order to assist trading activities by small and medium enterprises through systematization
of a General Trading Company and small and medium enterprises, have each General Trading Company constitute and operate a council
on entrusted enterprises under Article 17 of the Act on the Protection of the Business Sphere of Small and Medium Enterprises and
Promotion of Their Cooperation.
[This Article Newly Inserted by Presidential Decree No. 16191, Mar. 17, 1999]
Article 18-4 (Cancellation of Designation as General Trading Company, etc.)
(1)Reference in Article 9-2 (4) of the Act to where standards for designation are not satisfied means where the standards under
Article 18-2 (1) or (2) are not reached for two consecutive years or more, and so it is deemed that the General Trading Company or
the Specialized Trading Company concerned has a great difficulty in conducting its trading activities. <Amended by Presidential
Decree No. 18200, Dec. 30, 2003>
(2)The Minister of Commerce, Industry and Energy shall, when having cancelled the designation of a company as a General Trading Company
or a Specialized Trading Company, notify it publicly. <Amended by Presidential Decree No. 18200, Dec. 30, 2003>
[This Article Newly Inserted by Presidential Decree No. 16191, Mar. 17, 1999]
Article 18-5 (Designation Criteria for Electronic Trade Mediation Agency)
(1)The designation criteria for electronic trade mediation agency under Article 9-4 (1) of the Act shall be as follows:
1.It shall engage in the intermediation of visible trade or delivery of electronic trade documents through information communications
network (hereinafter referred to as the electronic trade brokerage business ) as its major business, and has been in the electronic
trade brokerage business for 6 months or more as of the date of application for such designation;
2.It shall be equipped with operational systems adequate for performing the electronic trade brokerage business;
3.It shall systematically devise the plans for education of traders, publicity and consultation relating to electronic trade, and
engages in them; and
4.It shall use the standard electronic documents determined and notified by the Korea Electronic Document Exchange Committee under
Article 23 of the Framework Act on Electronic Commerce.
(2)The detailed standards related to the operational systems and plans, etc. under paragraph (1) 2 and 3 shall be determined and publicly
notified by the Minister of Commerce, Industry and Energy, after going through a deliberation of the Electronic Trade Mediation Agency
Operation Committee under Article 18-7.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 18-6 (Application and Procedure, etc. for Designation of Electronic Trade Mediation Agency)
(1)Any person who intends to obtain a designation as electronic trade mediation agency shall file a written application for a designation
as electronic trade mediation agency with the Minister of Commerce, Industry and Energy under the conditions as determined by the
said Minister.
(2)The Minister of Commerce, Industry and Energy shall, where the applicant for a designation as electronic trade mediation agency
satisfies the designation criteria under Article 18-5, designate him as an electronic trade mediation agency after going through
a deliberation of the Electronic Trade Mediation Agency Operation Committee, and deliver the designation form as set forth by the
said Minister.
(3)The Minister of Commerce, Industry and Energy shall, where he has designated an electronic trade mediation agency, without delay
notify it publicly, and keep the roster of the electronic trade mediation agencies and make it avaliable for anyone s perusal.
(4)Matters necessary with respect to the application and the procedure for the designation as electronic trade mediation agency other
than subparagraphs 1 though 3 shall be determined and publicly announced by the Minister of Commerce, Industry and Energy.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 18-7 (Composition of Electronic Trade Mediation Agency Operation Committee)
(1)In order to deliberate matters on the designation of electronic trade mediation agency, the Electronic Trade Mediation Agency Operation
Committee (hereinafter referred to as the Operation Committee ) shall be established in the Ministry of Commerce, Industry and Energy.
(2)The Operation Committee shall consist of less than 10 members or less including a president.
(3)The president of the Operation Committee shall be a Grade or public official of the Ministry of Commerce, Industry and Energy
who is designated by the Minister of Commerce, Industry and Energy, and its members shall be those falling under any of the following
subparagraphs:
1.Each one of Grade or public official belonging to the Ministry of Commerce, Industry and Energy and the Ministry of Information
and Communication, who is designated by the head of relevant agency; and
2.Persons commissioned by the Minister of Commerce, Industry and Energy from among those of learning and experience in the electronic
trade or those recommended by the citizens organization (referring to the nonprofit non-governmental organization under Article
2 of the Assistance for Nonprofit Non-Governmental Organizations Act).
(4)Term of office of the members of Operation Committee under paragraph (3) 2 shall be one year, and may be recommissioned.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 18-8 (Meetings, etc. of Operation Committee)
(1)The president of the Operation Committee shall convene its meeting and act as its chairman.
(2)The meeting of the Operation Committee shall start the deliberation with the presence of a majority of the total members, and take
decision with a concurrent vote of a majority of those present.
(3)The detailed matters necessary for the operation of the Operation Committee other than paragraphs (1) and (2) shall be determined
by the Operation Committee.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
CHAPTER III TRANSACTIONS OF EXPORTS OR IMPORTS
SECTION 1 Trade Businesses and Trade Agency Business
Articles 19 through 23 Deleted.
<by Presidential Decree No. 17186, Mar. 31, 2001>
SECTION 2 GeneralProvisions as to Transactions of Exports or Imports
Article 24 (Restrictions on Exports or Imports)
Goods, etc. of which the export or import may be restricted or banned under Article 14 (1) of the Act, shall be those goods indicated
in the following subparagraphs: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar.
31, 2001; Presidential Decree No. 18200, Dec. 30, 2003>
1.Goods, etc. which are determined and notified by the Minister of Commerce, Industry and Energy so as to carry out obligations under
the treaties concluded and promulgated under the Constitution of the Republic of Korea and the generally recognized international
law;
2.Goods, etc. which are determined and notified by the Minister of Commerce, Industry and Energy so as to preserve natural living
resources;
3.Goods, etc. which are determined and notified by the Minister of Commerce, Industry and Energy so as to improve economic cooperation
with other trading partners; or
4.Goods, etc. which are determined and notified by the Minister of Commerce, Industry and Energy as necessary for the effective supply
and demand of materials or machinery for defense industry, aircraft and parts thereof and other materials, for development of scientific
technology, and for trade and industrial policies, through consultation with the head of the competent administrative authority taking
charge of such goods.
Article 25 (Goods Requiring for Export or Import Approval)
(1)References in the main sentence of Article 14 (2) of the Act to goods, etc. which are designated to carry out duties under the
treaties concluded and promulgated under the Constitution of the Republic of Korea and the generally recognized international law,
and to preserve living resources, etc. shall be construed to include goods, etc. which are determined and notified by the Minister
of Commerce, Industry and Energy as requiring for export or import approval from among goods, etc. falling under each subparagraph
of Article 24 above. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2)Deleted. <by Presidential Decree No. 16191, Mar. 17, 1999>
Article 26 (Procedures, etc. on Export or Import Approval)
(1)A person intending to apply for export or import approval of goods, etc., according to the main sentence of Article 14 (2) of the
Act, shall submit to the Minister of Commerce, Industry and Energy an application accompanied by documents determined by the Minister
of Commerce, Industry and Energy. The same shall also apply to change of approval. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2)The term of validity of export or import approval under the main sentence of Article 14 (2) of the Act shall be one year: Provided,
That in case the Minister of Commerce, Industry and Energy deems necessary for stability of domestic prices, adjustment of supply
and demand, conditions of delivery of goods, etc. and other characteristics of transactions, he may determine a different period
for the term of validity. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(3)References in Article 14 (3) of the Act to important matters determined by the Presidential Decree shall be construed to include
matters relating to the quantity or price of goods, etc., the term of validity of approval, and exporters or importers. <Amended
by Presidential Decree No. 17186, Mar. 31, 2001>
Article 27 (Exemption from Export or Import Approval)
References in the proviso of Article 14 (2) of the Act to goods, etc. falling under the criteria prescribed in the Presidential Decree
shall be construed to include those goods, etc. indicated in the following subparagraphs: <Amended by Presidential Decree No.
16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Goods, etc. determined and notified by the Minister of Commerce, Industry and Energy, which are carried, or declared at the customs
office and transported by diplomats or other persons specified by the Minister of Commerce, Industry and Energy, when they enter
or leave the Republic of Korea;
2.Goods, etc. notified by the Minister of Commerce, Industry and Energy from among goods, etc. of the following items, through consultation
with the head of the competent administrative authority:
(a) Goods, etc. which are not appropriate for exports or imports through normal procedures on exportation or importation because of
imminent demand for such goods, etc.;
(b) Goods, etc. which are exported or imported by incidental transactions to main exports or imports so as to facilitate trade transactions,
or whose exportation or importation is incidental to the achievement of main business objectives;
(c) Goods, etc. which are exported or imported for free of payments, and imported or exported for free of payments, or which are exported
or imported for the purpose of being imported or exported for free of payments and are indispensable for the achievement of business
objectives;
(d) Goods, etc. which are exported to or imported from such regions determined and notified by the Minister of Commerce, Industry
and Energy;
(e) Goods, etc. of public purposes or for similar uses whose exportation or importation does not need extra export or import control;
or
(f) Goods, etc. which are exported or imported for other purposes than commercial activities;
3.Goods, etc. which are determined and notified by the Minister of Commerce, Industry and Energy as imports involving foreign exchange
transactions; and
4.Goods, etc. which are recognized by the Minister of Foreign Affairs and Trade or the head of the authority designated by the Minister
of Foreign Affairs and Trade as raw materials, facilities and machinery which emigrants, according to the Emigration Act, transport
abroad.
Article 28 (Recognition of Specified Forms of Export or Import Transactions)
(1)References in Article 16 (1) of the Act to specific forms of export or import transactions of goods, etc. provided for in the
Presidential Decree shall be construed to include transactions, the whole or part of which satisfies requirements determined and
notified by the Minister of Commerce, Industry and Energy as forms of export or import transactions (hereinafter referred to as the
specified forms of transactions ) falling under any of the following subparagraphs: <Amended by Presidential Decree No. 16191,
Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Transactions which are likely to circumvent export or import restrictions pursuant to Article 14 (1) of the Act, or to cause disturbances
to the protection of industry;
2.Transactions of which the current status of settlement of payments is recognized as difficult to confirm because goods, etc. are
moved from a foreign country to another, but their payments are made or received in the Republic of Korea; or
3.Transactions by which goods, etc. are moved without accompanying the settlements of payments.
(2)Procedures on the recognition of specified forms of transactions, the term of validity of recognition, or other necessary matters
shall be determined and notified by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999>
(3)In the case of recognition of specified forms of transactions, the Minister of Commerce, Industry and Energy, where he deems necessary
to identify new forms of transactions, may seek assistance from the head of the competent administrative authority. <Amended by
Presidential Decree No. 16191, Mar. 17, 1999>
(4)Deleted. <by Presidential Decree No. 16191, Mar. 17, 1999>
Article 29 Deleted.
<by Presidential Decree No. 16191, Mar. 17, 1999>
Article 30 (Development or Operation of Computerized Management System)
(1)The Minister of Commerce, Industry and Energy shall develop or operate those of the following computerized management system pursuant
to Article 18 (1) of the Act so as to maintain export or import transactions in good order or performed effectively: <Amended
by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Computerized management systems for the installation of data base of export or import statistics, such as the granting and managing
the particular number by trader (hereinafter referred to as the particular number of trade business );
2.Computerized management systems to prevent activities falling under any subparagraph of Article 39 (1) of the Act;
3.Those of the following computerized management systems to conduct export or import transactions effectively:
(a) Computerized management systems to make organized arrangements between each computerized management system involving trades; and
(b) Computerized management systems involving trades belonging to a relevant administrative authority, which the head of the relevant
administrative authority determines through consultation with the Minister of Commerce, Industry and Energy because he deems necessary;
and
4.Computerized management systems which the Minister of Commerce, Industry and Energy deems necessary, upon the request of other trading
communities.
(2)The Minister of Commerce, Industry and Energy, where he deems necessary for the development or operation of computerized management
systems pursuant to paragraph (1) above, may provide some expenses for the authority concerned which has afforded information necessary
for the development or operation of the computerized management systems concerned. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999>
Article 31 (Collection or Analysis of Information on Export or Import Transactions)
(1)The Minister of Commerce, Industry and Energy, where he deems necessary for the development or operation of computerized management
systems pursuant to Article 30 above, may request the Commissioner of the Korea Customs Service to provide information indicated
in the following subparagraphs in accordance with Article 18 (2) of the Act: <Amended by Presidential Decree No. 16191, Mar. 17,
1999; Presidential Decree No. 17048, Dec. 29, 2000; Presidential Decree No. 17186, Mar. 31, 2001>
1.Information on traders such as business denominations or names of traders, etc. notified in accordance with Article 241 of the Customs
Act; or
2.Information determined by the Minister of Commerce, Industry and Energy as relevant information on the date on which each notice
has been received and accepted under Article 241 of the Customs Act, product names, quantity, price of exported or imported goods,
modes of transactions, etc.
(2)The Minister of Commerce, Industry and Energy shall perform comprehensive analysis or management of relevant information collected
in accordance with paragraph (1) and Articles 18, 117 (3) of this Decree, and Article 50 (1) of the Act so as to develop or operate
computerized management systems pursuant to Article 30. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3)Timing or modes of providing information pursuant to paragraphs (1) and (2), types of information, or other matters necessary for
the collection of information shall be determined by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999>
Article 31-2 (Verification of Export or Import of Services or Immaterial Goods of Electronic Forms)
(1)In case where a person who has exported or imported the services under Article 2-2 or the immaterial goods of electronic forms
under Article 2-3 applies for the verification of the facts of such export or import in order to obtain the support related to export
or import, the Minister of Commerce, Industry and Energy may verify such export or import. <Amended by Presidential Decree No.
18200, Dec. 30, 2003>
(2)The detailed procedure necessary for the verification of export or import under paragraph (1) shall be determined and publicly
notified by the Minister of Commerce, Industry and Energy.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
SECTION 3 Importation, Purchase, etc. of Raw Materials or Machinery for Obtaining Foreign Currencies
Article 32 (Import Approval of Raw Materials or Machinery)
(1)Any person who intends to import goods, etc. requiring for import approval pursuant to Article 25 as raw materials or machinery
for obtaining foreign currencies in accordance with the main sentence of Article 19 (1) of the Act shall obtain approval from the
Minister of Commerce, Industry and Energy by satisfying requirements determined and notified by the Minister of Commerce, Industry
and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2)Where the Minister of Commerce, Industry and Energy intends to restrict the importation of raw materials or machinery for obtaining
foreign currencies so as to promote uses of domestically produced raw materials or machinery under the proviso of Article 19 (1)
of the Act, he shall separately determine and notify product items which he intends to restrict, and procedures for imports. <Amended
by Presidential Decree No. 16191, Mar. 17, 1999>
Article 33 (Product Items and Quantity of Raw Materials or Machinery for Obtaining Foreign Currencies)
(1)References in Article 19 (2) of the Act to quantity of raw materials or machinery for obtaining foreign currencies shall be construed
as the base quantity of raw materials or machinery for obtaining foreign currencies required to produce one unit of goods, etc. for
obtaining foreign currencies. <Amended by Presidential Decree No. 17186, Mar. 31, 2001>
(2)The Minister of Commerce, Industry and Energy, where he determines the base quantity of raw materials or machinery for obtaining
foreign currencies pursuant to paragraph (1) above, may include average quantity of loss which occurs from the production process,
in addition to the actual quantity required for the production of the goods, etc. concerned. <Amended by Presidential Decree No.
16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(3)The criteria and methods, etc. for preparing the account statement of required quantities by item of raw materials or machinery
for obtaining foreign currencies or other necessary matters shall be determined and notified by the Minister of Commerce, Industry
and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
Article 34 (Extent of Obtaining Foreign Currencies)
(1)The extent of obtaining foreign currencies pursuant to Article 19 (4) of the Act shall include obtaining foreign currencies in
accordance with each of the following subparagraphs: <Amended by Presidential Decree No. 16139, Feb. 27, 1999; Presidential Decree
No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Exportation;
2.Sales of goods, etc. to United Nations Command in the Republic of Korea or other foreign forces command;
3.Tourism;
4.Overseas expansion of services and construction; or
5.Domestic sale of goods, etc. which satisfies requirements determined and notified by the Minister of Commerce, Industry and Energy.
(2)Mediation of exports for which traders get fees and expenses from overseas importers shall be deemed as activities for obtaining
foreign currencies which are similar to such activities for obtaining foreign currencies provided for in paragraph (1) above.
Article 35 (Period during which Foreign Currencies are Obtained)
(1)The period during which foreign currencies shall be obtained in accordance with Article 19 (4) of the Act shall be such period
determined and notified by the Minister of Commerce, Industry and Energy within the limit of period which is classified in each of
the following subparagraphs: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31,
2001>
1.Where a person who has imported raw materials or machinery for obtaining foreign currencies performs obtaining foreign currencies:
two years from the date on which imports are cleared of the customs;
2.Where a person who is an assignee of raw materials or machinery for obtaining foreign currencies, or goods, etc. made of such materials
or made by such machinery: a year from the date on which assignment is made; or
3.Where two years or more have been spent in producing or storing goods, etc. for obtaining foreign currencies: a period required
for the production or storage.
(2)A person who is required to perform obtaining foreign currencies, where he deems impossible to perform obtaining foreign currencies
within the period specified in paragraph (1) above, shall apply to the Minister of Commerce, Industry and Energy for the extension
of period, together with documents determined by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999>
(3)In the case of application pursuant to paragraph (2) above, the Minister of Commerce, Industry and Energy, where he deems the application
reasonable, may extend the performance period of obtaining foreign currencies within a year. <Amended by Presidential Decree No.
16191, Mar. 17, 1999>
Article 36 (Follow-up Management of Raw Materials or Machinery for Obtaining Foreign Currencies)
(1)As to raw materials or machinery for obtaining foreign currencies which are imported by the approval under Article 32 above, and
goods, etc. made of such materials or made by such machinery, the Minister of Commerce, Industry and Energy shall conduct follow-up
management as to whether or not a person who is required to perform obtaining foreign currencies performs obtaining foreign currencies.
<Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2)As to raw materials or machinery which are imported by obtaining an import approval under Article 14 (2) of the Act by those who
satisfy requirements determined and notified by the Minister of Commerce, Industry and Energy, the Minister of Commerce, Industry
and Energy may have them conduct the follow-up management, notwithstanding the provisions of paragraph (1) above. The same shall
also apply to those assignees of raw materials or machinery for obtaining foreign currencies pursuant to Article 20 of the Act, who
satisfy requirements determined and notified by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(3)While the follow-up management pursuant to paragraphs (1) and (2) shall be conducted with regard to the total quantity of imports
on quarterly basis in accordance with each person who is required to perform obtaining foreign currencies, and with each product
items, matters necessary for method of the follow-up management shall be determined and notified by the Minister of Commerce, Industry
and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 37 (Exemption from Follow-up Management of Raw Materials or Machinery for Obtaining Foreign Currencies)
The Minister of Commerce, Industry and Energy may not conduct the follow-up management on grounds of each of the following subparagraphs,
notwithstanding the provisions of Article 36 (1) above: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential
Decree No. 17186, Mar. 31, 2001>
1.Where the rate of non-performance of obligatory acquirement of foreign currencies for each product item is not more than 10 percent;
2.Where the quarterly rate of non-performance by a person who is required to perform obtaining foreign currencies is not more than
10 percent, and where the amount which is not acquired is not more than 20,000 U.S. dollars or equivalent;
3.Where the Minister of Commerce, Industry and Energy recognizes that the non-performance of obtaining foreign currencies is caused
by reasons not attributable to a person who is required to perform obtaining foreign currencies; or
4.Where the Minister of Commerce, Industry and Energy recognizes that necessities for the follow-up management disappear, such as
the cases in which the relevant product item is excluded from items requiring an import approval and thus, it is no longer necessary
to obtain the foreign currencies commensurate with such import.
Article 38 (Approval, etc. of Changes in Purposes of Uses of Raw Materials or Machinery for Obtaining Foreign Currencies)
(1)A person intending to obtain approval of changes in purposes of uses of raw materials or machinery for obtaining foreign currencies,
or goods, etc. made of such materials or made by such machinery in accordance with the main sentence of Article 20 (1) of the Act
shall submit to the Minister of Commerce, Industry and Energy an application accompanied by documents determined by the Minister
of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar.
31, 2001>
(2) References in the main sentence of Article 20 (1) of the Act to unavoidable causes shall be construed as each case of the following
subparagraphs: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Where it becomes impossible to perform obtaining foreign currencies because of wars, internal disturbances, natural disasters, or
institutional changes in the Republic of Korea or trading partners;
2.Where it is necessary to produce test products of goods, etc. made of raw materials or made by machinery for obtaining foreign currencies
before the performance of obtaining foreign currencies because such production requires high technologies;
3.Where it becomes impossible to perform obtaining foreign currencies for causes not attributable to a person who is required to perform
obtaining foreign currencies; or
4.Where the Minister of Commerce, Industry and Energy recognizes obtaining foreign currencies is impossible to be performed on account
of force majeure.
(3)References in the proviso of Article 20 (1) of the Act to materials or machinery or manufactured goods, etc. made of the materials
or made by the machinery determined by the Presidential Decree shall be construed as the goods, etc. of the following subparagraphs:
<Amended by Presidential Decree No. 17186, Mar. 31, 2001>
1.Raw materials or machinery for obtaining foreign currencies corresponding to an average quantity of loss pursuant to Article 33
(2) above, or manufactured goods, etc. made of such materials or made by such machinery; or
2.Raw materials or machinery for obtaining foreign currencies falling within subparagraph 4 of Article 37 above.
(4)A person who intends to obtain an approval of transfer of raw materials or machinery for obtaining foreign currencies pursuant
to Article 20 (2) of the Act, or goods, etc. made of such materials or made by such machinery shall submit to the Minister of Commerce,
Industry and Energy an application accompanied by documents determined by the Minister of Commerce, Industry and Energy. <Amended
by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(5)References in the proviso of Article 20 (2) of the Act to materials or machinery determined by the Presidential Decree shall
be construed as raw materials or machinery for obtaining foreign currencies falling under any of subparagraphs of Article 37 above.
Article 38-2 (Application for Certificate of Purchase, and Issuance, etc. Thereof )
(1)Any person who intends to receive the issuance of the certificate of purchase under Article 20-2 (1) of the Act shall submit an
application therefor to the Minister of Commerce, Industry and Energy along with the following documents:
1.A document stating the purchaser, the supplier, and the price, quantity, etc. of the raw materials or machinery for obtaining foreign
currencies; and
2.A document proving that the items in question are the raw materials or machinery for obtaining foreign currencies under Article
19 (1) of the Act, as determined and publicly announced by the Minister of Commerce, Industry and Energy.
(2)In case where the Minister of Commerce, Industry and Energy receives the application under paragraph (1), he shall issue the certificate
of purchase after confirming whether the raw materials or machinery which the applicant intends to purchase fall under the items
for obtaining foreign currencies under Article 34 and making a decision on its issuance.
(3)Detailed matters necessary for the issuance, etc. of the certificate of purchase, other than those as described in paragraphs (1)
and (2), shall be determined and notified by the Minister of Commerce, Industry and Energy.
[This Article Wholly Amended by Presidential Decree No. 18200, Dec. 30, 2003]
SECTION 4 Export or Import of Strategic Materials
Article 39 (Classification, Export Permission, etc. of Strategic Materials)
(1)The strategic materials under Article 21 (1) of the Act shall be classified as follows:
1.Class 1 Strategic Materials: Materials, etc. designated as goods under export control by an international consultative body or any
other similar organ which has many member countries and takes charge of the consultation and coordination of the matters relating
to the export and import of strategic materials (hereinafter referred to as the multilateral strategic materials export control
system ); and
2.Class 2 Strategic Materials: Materials, etc. which are highly likely to be used for the manufacture, development, employment, and
custody, etc. of the weapons of mass destruction and the missiles which are delivery means of such weapons (hereinafter referred
to as the weapons of mass destruction, etc. ).
(2)A person intending to export strategic materials pursuant to paragraph (1) (hereinafter referred to as the strategic materials
) shall submit an application for permission of strategic material export, along with the following documents, to the head of the
competent administrative authority taking charge of the strategic materials:
1.An export contract, a provisional export contract, or other similar documents;
2.A certificate of import or other similar documents which are issued by the government of the importing country;
3.Data which indicate the use and performance of the exported materials, etc.;
4.A specification of technical characteristics of the exported materials, etc.; and
5.Other documents necessary for the judgment of strategic materials, as determined and publicly announced by the Minister of Commerce,
Industry and Energy.
(3)Where an application for permission of export is filed under paragraph (2), the Minister of Commerce, Industry and Energy or the
head of the competent administrative authority shall make a decision within 15 days as to whether or not to grant export permission
and shall notify the results thereof to the applicant: Provided, That where there is a need to separately conduct technical examination
or have consultations with the competent administrative authority with respect to the materials, etc. for which the export permission
is applied, the days required therefor shall not be included in the period fixed in the main sentence above.
[This Article Wholly Amended by Presidential Decree No. 18200, Dec. 30, 2003]
Article 40 (Issue, etc. of Import Certificate of Strategic Materials)
(1)Any person who intends to receive the issuance of the import certificate of strategic materials under Article 21 (1) of the Act
shall submit an application therefor to the head of the competent administrative authority along with a report on the export details
of strategic materials and such other documents necessary for the confirmation of strategic materials as determined and publicly
announced by the head of the competent administrative authority. <Amended by Presidential Decree No. 18200, Dec. 30, 2003>
(2)Where an application is filed under paragraph (1), the head of the competent administrative authority shall issue the import certificate
of strategic materials within 7 days after confirming whether or not the items in question fall within the category of strategic
materials and deciding on its issuance: Provided, That where there is a need to separately conduct technical examination or have
consultations with the competent administrative authority with respect to the materials, etc. for which the issuance of the import
certificate of strategic materials is applied, the days required therefor shall not be included in the period fixed in the main sentence
above. <Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003>
(3)The provisions of Article 39 shall apply mutatis mutandis to cases in which a person to whom import certificates pursuant to paragraph
(1) above are issued intends to transship, transmit or reexport (including export free of charge) the strategic materials concerned
without importing them into the Republic of Korea.
Article 40-2 (Prior Judgment of Strategic Materials)
(1)Any person who intends to receive a prior judgment on whether exported goods, etc. fall under strategic materials under Article
21 (2) of the Act shall submit an application therefor to the Minister of Commerce, Industry and Energy or the head of the competent
administrative authority, along with the following documents:
1.A specification of technical characteristics of the exported goods, etc.;
2.Technical data which indicate the use and performance of the exported goods, etc.; and
3.Other documents necessary for the judgment of strategic materials, as determined and publicly announced by the Minister of Commerce,
Industry and Energy.
(2)Where an application is filed under paragraph (1), the Minister of Commerce, Industry and Energy or the head of the competent administrative
authority shall make a judgment within 15 days as to whether the goods, etc. in question fall under strategic materials and shall
notify the results thereof to the applicant: Provided, That where there is a need to separately conduct technical examination or
have consultations with the competent administrative authority with respect to the goods, etc. for which the judgment of strategic
materials is applied, the days required therefor shall not be included in the period fixed in the main sentence above.
(3)The term of validity for the prior judgment of strategic materials under the provisions of paragraph (2) shall be one year.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Article 41 (Public Notice as to Exportation or Importation of Strategic Materials)
Where the Minister of Commerce, Industry and Energy intends to give public notice of matters necessary for export restrictions on
strategic materials and issuance of import certificates under Article 21 (3) of the Act, he shall consult in advance with the head
of the competent administrative authority. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 18200,
Dec. 30, 2003>
Article 42 (Organization and Operation of Strategic Materials Technical Advisory Group)
(1) The Minister of Commerce, Industry and Energy may organize and operate a strategic materials technical advisory group to provide
advice and suggestions on the following matters:
1.Matters relating to the technical levels of strategic materials and the possibility that they may be used for manufacturing the
weapons of mass destruction, etc.;
2.Matters relating to the evaluation and analysis of the goods, etc. controlled under the multilateral strategic materials export
control system; and
3.Other matters as determined and publicly announced by the Minister of Commerce, Industry and Energy.
(2) Matters necessary for the organization, operation, etc. of the strategic materials technical advisory group shall be determined
by the Minister of Commerce, Industry and Energy.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Articles 43 and 44 Deleted.
<by Presidential Decree No. 16191, Mar. 17, 1999>
Article 45 (Disqualified Persons for Trading Strategic Materials)
(1)The Minister of Commerce, Industry and Energy may prevent those who fall within each of the following subparagraphs (hereinafter
referred to as the disqualified persons for trading strategic materials ), from exporting or importing strategic materials for a
period of time not exceeding a year pursuant to Article 21 (1) of the Act: <Amended by Presidential Decree No. 16191, Mar. 17,
1999>
1.Those who contravene the provisions of Article 21 of the Act and paragraph (2) below; or
2.Those who the Minister of Commerce, Industry and Energy recognizes that restrictions on exportation or importation of strategic
materials need to be imposed on grounds that they contravene international trading system relating to exports or imports of strategic
materials.
(2)The Minister of Commerce, Industry and Energy may prohibit traders from exporting to those who are subject to restrictions on exportation
or importation of strategic materials by foreign governments in accordance with their domestic legislation (hereinafter referred
to as the disqualified persons for trading strategic materials in foreign countries ), or from importing from disqualified persons
for trading strategic materials in foreign countries. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3)The Minister of Commerce, Industry and Energy may give public notice of lists of disqualified persons for trading strategic materials
in the Republic of Korea and foreign countries, and may notify relevant foreign governments of such public notice. <Amended by
Presidential Decree No. 16191, Mar. 17, 1999>
(4)The Commissioner of the Korea Customs Service or the head of the competent administrative authority, where he is aware of the existence
of persons falling under any of the subparagraphs of paragraph (1), may request the Minister of Commerce, Industry and Energy to
designate, immediately, the trader concerned, etc. as disqualified persons for trading strategic materials. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999>
Article 45-2 (Building and Operation of Strategic Materials Export-Import Management Information System)
(1)References in Article 21-2 of the Act to strategic materials export-import management information system shall mean any electronic
apparatus or system having information processing capability which is used in the preparation, transmission, receipt or storage of
electronic messages in connection with the collection and analysis of necessary information on the export or import control of strategic
materials.
(2)References in Article 21-2 (1) of the Act to corporation or organization prescribed by the Presidential Decree shall mean the
Korea International Trade Association.
(3)The Minister of Commerce, Industry and Energy may provide necessary funds, equipment, technologies, or administrative supports,
within the limit of budget, to facilitate the operation of the strategic materials export-import management information system.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
SECTION 5 Export of Industrial Plants
Article 46 (Application, etc. for Export Approval)
A person intending to obtain export approval of industrial plants pursuant to Article 22 (1) of the Act shall submit to the Minister
of Commerce, Industry and Energy an application accompanied by documents determined by the Minister of Commerce, Industry and Energy.
The same shall also apply to approval of change. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 47 (Facilities)
References in Article 22 (1) 1 of the Act to plants determined by the Presidential Decree shall be construed as those indicated
in the following subparagraphs: Provided, That exported plants by package order basis contracts, together with overseas construction
projects shall be excluded:
1.Structural plants made of steel;
2.Structural plants above water;
3.Plants for the prevention of pollution;
4.Water processing plants and distillation plants to make fresh water out of sea water;
5.Freezing and refrigerating plants;
6.Air conditioning plants;
7.Storage tanks and plants for storage terminals;
8.Oil piping plants;
9.Fixed shipping, loading, or unloading plants;
10.Fixed construction plants; or
11.Testing and research plants.
Article 48 (Construction)
(1) References in Article 22 (1) 2 of the Act to construction shall be construed as the performance of construction works falling
under the following subparagraphs:
1.Civil engineering works;
2.Building works; or
3.Installation works of industrial plants: Provided, That where an exporter of industrial plants or a person who designs or manufactures
machinery for exports installs machinery and equipment which have been made by himself shall be excluded.
(2) Notwithstanding the proviso of paragraph (1) 3, only where he intends to get accredited with the actual results of overseas construction
pursuant to Article 17 (1) 1 of the Enforcement Decree of the Overseas Construction Promotion Act, the Minister of Commerce, Industry
and Energy may recognize as installation works of industrial plants, though an exporter of industrial plants or a person who designs
or manufactures equipment for exports installs machinery and equipment which have been made by himself. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999>
Article 49 (Requests, etc. for Consents)
(1) Where he intends to obtain in advance consents from the Minister of Construction and Transportation or the Minister of Labor with
regard to export approval, or change of approval, by package order basis contracts pursuant to Article 22 (3) of the Act, the Minister
of Commerce, Industry and Energy shall transmit a summary of exports of industrial plants and documents specifying relevant matters
in accordance with categories of each of the following subparagraphs: <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
1.Each matter of the following items in the case of construction services and works:
(a) The name (in the case of a juristic person, its business denomination and the name of its representative) and address of a person
who performs construction services and works; and
(b) Business plans of construction services and works; and
2.Each matter of the following items in the case where workers are recruited for overseas employment:
(a) Recruitment schedules, categories of works, number of workers, modes of recruitment (referring to levels of payment, period of
employment, etc.);
(b) Working conditions; and
(c) Policy of industrial accidents insurance, or statements as to expected purchase thereof.
(2) The Minister of Construction and Transportation or the Minister of Labor, upon request pursuant to paragraph (1) above, shall
notify the Minister of Commerce, Industry and Energy within 10 days from the date of request of whether or not to give consents,
unless there are particular reasons to the contrary. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 50 Deleted.
<by Presidential Decree No. 16191, Mar. 17, 1999>
Article 51 (Designation of Authority, etc. relating to Exports of Industrial Plants)
(1) Where he intends to designate competent authorities or associations to deal with projects for the promotion of market research,
etc. relating to the exportation of industrial plants pursuant to the proviso of Article 22 (6) of the Act (hereinafter referred
to as the authorities for the promotion of exports of industrial plants ), the Minister of Commerce, Industry and Energy shall take
comprehensive account of those matters indicated in the following subparagraphs: <Amended by Presidential Decree No. 16191, Mar.
17, 1999>
1.Representativeness of exporter of industrial plants; or
2.Business plans including market research, etc.
(2) The Minister of Commerce, Industry and Energy may have authorities for the promotion of exports of industrial plants designated
by paragraph (1) above file reports as to those matters indicated in the following subparagraphs with regard to the promotion of
projects of market Research for the exportation of industrial plants, etc.: <Amended by Presidential Decree No. 16191, Mar. 17,
1999>
1.Export prospects of industrial plants;
2.Matters relating to market research, exchange of information, acceptance of offers, actual results of promotion of cooperation projects,
etc. with regard to the exportation of industrial plants; or
3.Other matters referred to by the Minister of Commerce, Industry and Energy with regard to the exportation of industrial plants.
SECTION 6 Mark, etc. of Origin
Article 52 (Designation of Goods Requiring for Mark of Origin)
Where he intends to notify goods which are required to indicate the origin in accordance with Article 23 (1) of the Act (hereinafter
referred to as the goods requiring for mark of origin ), the Minister of Commerce, Industry and Energy shall consult in advance
with the head of the competent administrative authority taking charge of the goods concerned. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999>
Article 53 (Methods of Mark of Origin of Imported or Exported Goods)
(1) A person who intends to import goods requiring for mark of origin shall indicate the origin upon the goods concerned as set out
in each of the following subparagraphs:
1.Description in Korean, Chinese, or English;
2.Description in readable characters for final purchasers;
3.Description at place to identify and find easily; and
4.Description in difficult ways to erase or loosen.
(2) Where the Minister of Commerce, Industry and Energy deems difficult or not necessary to indicate place of origin upon the goods
concerned which satisfy requirements determined and notified by him, the mark of origin may be made or exempted in accordance with
such requirements as determined and notified by the Minister of Commerce, Industry and Energy, not with standing the provisions paragraph
(1) above. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3) Matters necessary for methods of marking the origin of imported goods other than specified in paragraph (1) shall be determined
and notified by the Minister of Commerce, Industry and Energy: Provided, That the head of the competent administrative authority
taking charge of imported goods deems necessary for the protection of consumers, he may determine and notify separate details of
mark of origin of the goods concerned, through consultation with the Minister of Commerce, Industry and Energy. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(4) A person who changes or damages mark of the origin of the goods concerned by implementing a simple processing activities on the
imported goods subject to a mark of the origin shall indicate the original place of origin upon the simply processed goods pursuant
to paragraphs (1) and (2). <Amended by Presidential Decree No. 17186, Mar. 31, 2001>
(5) In case where the origin is marked on the exported goods, such mark of the origin shall be made according to the methods falling
under any subparagraph of paragraph (1), and if the provisions of the importing country for marking the origin on the relevant exported
goods require the marking different from it, the mark of the origin may be done pursuant to such provisions: Provided, That where
the imported goods are simply processed at home and exported, the mark of origin as the Republic of Korea shall not be made. <Newly
Inserted by Presidential Decree No. 17186, Mar. 31, 2001>
Article 54 (Confirmation of Methods of Marking Origin)
(1) A person who is required to indicate the origin in accordance with methods of marking the origin pursuant to Article 53 above
may request, in writing, the Minister of Commerce, Industry and Energy to make a confirmation, prior to importation of the goods
concerned, as to proper methods of marking the origin of the goods concerned. <Amended by Presidential Decree No. 16191, Mar.
17, 1999>
(2) A person who intends to challenge the confirmation by the Minister of Commerce, Industry and Energy as to methods of marking the
origin pursuant to paragraph (1) above may submit to the Minister of Commerce, Industry and Energy complaints, in writing, within
30 days from the date of receipt of results of the confirmation. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3) Matters necessary for requests for confirmation as to methods of marking the origin and challenges to results of the confirmation
shall be determined and notified by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999>
(4) With respect to the person who imports the goods subject to the mark of origin under Article 23 (2) of the Act, the Minister of
Commerce, Industry and Energy may verify the methods of marking the origin and whether or not such marking is made under paragraphs
(1) through (4) at the time of customs clearance of the relevant goods. In this case, the method and procedure of verification shall
be determined and notified by the Minister of Commerce, Industry and Energy. <Newly Inserted by Presidential Decree No. 17186,
Mar. 31, 2001>
Article 54-2 (Corrective Measures on Goods Violating Mark of Origin)
(1) The contents of corrective measures under Article 23 (5) of the Act shall be as follows:
1.Restoration to original status, correction or obliteration of the mark of origin, or order for marking the origin; and
2.Suspension of the acts of transaction or sale of the violating goods.
(2) The order for corrective measures under Article 23 (5) of the Act shall be made by the document clarifying the matters falling
under any of the following subparagraphs:
1.Contents of violating acts;
2.Causes and contents of the corrective order; and
3.Term of the correction.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 54-3 (Imposition and Collection of Penalty Surcharge)
(1) The Minister of Commerce, Industry and Energy shall, where he intends to impose the penalty surcharge under Article 23 (5) of
the Act, notify in writing of its payment by clarifying the kinds of violations and the amount of surcharge.
(2) A person who has received a notification under paragraph (1) shall pay the penalty surcharge within 20 days from the date of such
notification to the receiving agency designated by the Minister of Commerce, Industry and Energy: Provided, That in case where he
is unable to pay it within the said term due to force majeure and other unavoidable causes, he shall pay it within 7 days after such
causes disappeared.
(3) The receiving agency in receipt of the payment of penalty surcharge under paragraph (2) shall deliver a receipt therefor to the
payer.
(4) The receiving agency when it has received the payment of penalty surcharge under paragraph (2) shall without delay notify the
Minister of Commerce, Industry and Energy thereof.
(5) The penalty surcharge may not be paid in installments.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 54-4 (Kinds of Violations Subject to Imposition of Surcharge and Amount of Surcharge)
(1) The kinds of violations subject to the imposition of penalty surcharge under Article 23 (5) of the Act and the amount of surcharge
according to their level shall be as the attached Table 1.
(2) The Minister of Commerce, Industry and Energy may aggravate or mitigate the penalty surcharge within the limit of one half of
the amount of penalty surcharge under paragraph (1), taking into consideration the size of export or import of the relevant traders
and the level and frequency of violations: Provided, That where it has been aggravated, the gross amount of surcharge shall not exceed
30 million won.
[This Article Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001]
Article 55 (Criteria for Decision of Origin of Imported or Exported Goods)
(1) The decision of the origin of exported or imported goods pursuant to Article 24 of the Act shall be made following the criteria
as set out in each of the following subparagraphs: <Amended by Presidential Decree No. 17186, Mar. 31, 2001>
1.Where the whole of imported or exported goods is obtained or produced in a country (hereinafter referred to as the wholly produced
goods ), the country is the origin of the goods concerned;
2.Where two countries or more are involved in the production, manufacturing, or processing stage of imported or exported goods, the
country in which the substantial transformation is introduced finally with effect of affording essential mark of the country characteristics
of the goods (hereinafter referred to as the substantial transformation ) shall be the origin of the goods concerned; and
3.Where two countries or more are involved in the production, manufacturing, or processing stage of imported or exported goods, the
country in which simple activities of processing have been carried out shall not be the origin.
(2) Details of criteria for decision of the origin, such as wholly produced goods, substantial transformation and simple activities
of processing, etc. provided for in paragraph (1) above shall be determined and notified by the Minister of Commerce, Industry and
Energy, through consultation with the head of the competent administrative authority. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
Article 56 (Prior Decision of Origin of Imported Goods)
(1) A person who intends to get decision of the origin of imported goods prior to the importation of goods pursuant to Article 24
(3) of the Act shall submit to the Minister of Commerce, Industry and Energy written requests containing product number and name
(including model name) in the schedules of products combining tariffs and statistics (hereinafter referring to the schedules of products
combining tariffs and statistics pursuant to Article 98 of the Enforcement Decree of the Customs Act) of the goods, grounds of requests,
origin which the requesting person claims, etc. accompanied by a sample of goods and other materials necessary for the decision of
the origin: Provided, That production of a sample is impossible for reasons of the nature of the goods or that the decision of the
origin of goods may be possible without a sample, the presentation of a sample may be exempt. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999; Presidential Decree No. 17048, Dec. 29, 2000>
(2) Where he deems difficult in deciding the origin of imported goods on grounds that written requests submitted in accordance with
paragraph (1) above are imperfect, the Minister of Commerce, Industry and Energy may request correction of documents submitted within
the specified period of time, and return such requests unless they are corrected within the period of time. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999>
(3) In the case of requests for prior decision of the origin pursuant to paragraph (1) above, the Minister of Commerce, Industry and
Energy shall make a decision of the origin within 60 days from the date of receipt, and notify, in writing, the requesting person
of results of the decision: Provided, That in case where a period of time is necessary for the collection of materials with regard
to the decision, such period shall not be included. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(4) Where the prior decision of the origin results in different conclusion from that which is claimed by the requesting person, the
criteria of the decision, etc. shall be stated.
(5) Methods of requesting for the prior decision of the origin, or other matters necessary for the prior decision shall be determined
and notified by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 57 (Complaints)
(1) A person who intends to raise complaints against the decision of the origin pursuant to Article 24 (5) of the Act shall submit
to the Minister of Commerce, Industry and Energy written requests containing product number and name (including model name) in the
schedules of products combining tariffs and statistics of the goods, grounds of complaints, origin which the applicant claims, etc.
accompanied by materials necessary for the decision of the origin. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(2) Where he deems difficult in making decisions as to complaints on grounds that an application submitted in accordance with paragraph
(1) above imperfect, the Minister of Commerce, Industry and Energy may request for correction of documents submitted within the specified
period of time, and return such requests unless they are corrected within the period of time. <Amended by Presidential Decree
No. 16191, Mar. 17, 1999>
(3) In the case of decisions as to complaints pursuant to paragraph (1) above, the Minister of Commerce, Industry and Energy shall
seek deliberation of the Committee on Decision of Country of Origin under Article 58 below. <Amended by Presidential Decree No.
16191, Mar. 17, 1999>
(4) Detailed matters necessary for procedures on complaints against the decision of the origin, etc. shall be determined by the Minister
of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 58 (Composition and Operation of Committee on Decision of Country of Origin)
(1) The Committee on Decision of Country of Origin shall be established in the Ministry of Commerce, Industry and Energy in order
to deliberate the matters of complaints against the decision of country of origin under Article 57. <Newly Inserted by Presidential
Decree No. 17186, Mar. 31, 2001>
(2) The Committee on Decision of Country of Origin shall be composed of ten members or less including a chairman.
(3) While the office of chairman shall be taken by public officials ranked as director general taking charge of trading services at
the Ministry of Commerce, Industry and Energy, offices of members shall be taken by persons appointed or entrusted by the Minister
of Commerce, Industry and Energy from among those who are directors or officers of the competent administrative authorities, associations
or relevant firms or companies, or other experts in deciding the origin. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(4)The term of entrusted members shall be two years and renewable.
(5)Matters necessary concerning the operation of the Committee on Decision of Country of Origin shall be determined by the chairman
after a resolution by the Committee on Decision of Country of Origin. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 59 Deleted.
<by Presidential Decree No. 18200, Dec. 30, 2003>
Article 60 (Submission of Certificate of Country of Origin of Imported Goods)
(1)The Minister of Commerce, Industry and Energy may have a person intending to import such goods determined and notified by the Minister
of Commerce, Industry and Energy from such areas determined and notified by him in accordance with Article 25 of the Act submit the
certificate of the country of origin issued by the governments or by the authority recognized by such governments of the country
of origin or the country of shipment, when such goods are imported. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(2) Matters necessary for the certificate of the country of origin pursuant to paragraph (1) above shall be determined and notified
by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 60-2 (Standards for Issuance of Certificate of Origin for Exported Goods)
(1)The standards for issuance of the certificate of origin for exported goods under Article 25-2 (2) of the Act shall follow the standards
for issuance of the certificate of origin determined by the treaties or conventions which are concluded and promulgated under the
Constitution of the Republic of Korea, the generally accepted international laws and regulations, or the trading partner country.
(2)A person who intends to have the certificate of origin for exported goods issued shall submit an application therefor to the Minister
of Commerce, Industry and Energy along with the following documents:
1.A document stating the purchaser, the supplier, and the price, quantity, etc. of the exported goods; and
2.A document necessary to prove the origin of exported goods, as determined and publicly announced by the Minister of Commerce, Industry
and Energy.
(3)In case where the Minister of Commerce, Industry and Energy receives the application under paragraph (2), he shall issue the certificate
of origin for exported goods after investigating and confirming whether the application meets the standards for issuance of the certificate
of origin under paragraph (1) and deciding on its issuance.
(4)The term of validity for the certificate of origin under paragraph (3) shall be one year: Provided, That as otherwise prescribed
by the treaties or conventions which are concluded and promulgated under the Constitution of the Republic of Korea and the generally
accepted international laws and regulations, such provisions shall prevail.
(5)The detailed matters necessary for issuing the certificate of origin for exported goods, other than those as provided in paragraphs
(1) through (4), shall be determined and announced by the Minister of Commerce, Industry and Energy.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Articles 61 through 73 Deleted.
CHAPTER IV MEASURES TO RESTRICT IMPORT VOLUME, ETC.
SECTION 1 Measures to Restrict Import Volume
Article 74 (Measures to Restrict Import Volume)
(1)Where the Minister of Commerce, Industry and Energy imposes restrictions on the import volume under Article 26 (1) of the Act,
the restricted volume shall not be less than the import volume of the recent representative three years converted into the average
annual import volume (hereinafter referred to as the base volume ). In this case, in determining the recent representative years,
they shall exclude the years in which the import volume was in a rapid increase or decrease as compared with ordinary import volumes.
(2)Where the Minister of Commerce, Industry and Energy concludes that it would be difficult to prevent or redress any serious injury
to the industry concerned if the restriction of import volume is imposed over the base volume, he may restrict the import volume
to less than the base volume, notwithstanding the provisions of paragraph (1).
(3)The Minister of Commerce, Industry and Energy may apportion the import volume restricted under paragraph (1) or (2) among the countries
concerned.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Article 75 (Extension of Measures to Restrict Import Volume, etc.)
Upon recommendation from the Korean Trade Commission to alter the contents of the existing measures to restrict import volume or to
extend the application period of such measures, the Minister of Commerce, Industry and Energy shall make a decision, within one month
from the date the recommendation is received (with respect to the extension of such measures, before the application period of the
measures to restrict import volume under Article 26 (1) of the Act ends), as to whether or not to accept such recommendation and
shall notify the results thereof to the Korean Trade Commission.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Article 76 (Taking Special Measures to Restrict Import Volume on Goods of Specific Countries)
(1)References in Article 28 (1) of the Act to countries as determined by the Presidential Decree shall mean the People s Republic
of China (excluding Hongkong and Macao; hereafter in this Article referred to as China ).
(2)Special measures to restrict import volume taken against the goods, whose origin is China, in accordance with Article 28 (1) 1
and 2 of the Act shall apply to the goods whose import is reported by December 10, 2013, and the special measures to restrict import
volume taken against the goods, whose origin is China, in accordance with subparagraph 3 of the same paragraph, to the goods whose
import is reported by December 31, 2008.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
SECTION 3 Measures to Restrict Import Volume against Textiles and Clothing
Article 77 Deleted.
<by Presidential Decree No. 18200, Dec. 30, 2003>
Article 78 Deleted.
<by Presidential Decree No. 17222, May 10, 2001>
Articles 79 and 80 Deleted.
<by Presidential Decree No. 18200, Dec. 30, 2003>
Article 81 (Review, etc.)
(1)Where it determines by reviewing the impact and effect of the measures to restrict textile import volumes under Article 31 of the
Act (hereinafter referred to as the measures to restrict textile import volumes ) on the domestic industry that it is not necessary
to change contents of the measures to restrict textile import volumes or to maintain such restriction, the Korean Trade Commission
may suggest that the Minister of Commerce, Industry and Energy change or withdraw the measures.
(2)In the case of suggestion pursuant to paragraph (1) above, the Minister of Commerce, Industry and Energy shall make a determination,
not later than 30 days after the date of such suggestion as to whether or not to change or withdraw the measures to restrict textile
import volumes.
[This Article Wholly Amended by Presidential Decree No. 18200, Dec. 30, 2003]
This amended provisions of this Article shall lose effect as from January 1, 2005 in accordance with paragraph (2) of the Addenda,
Presidential Decree No. 18200, dated December 30, 2003
Article 82 (Cooperation with Relevant Authorities)
In the case of taking the measures to restrict textile import volumes, the Minister of Commerce, Industry and Energy, where necessary
for surveillance of import clearance of the products concerned, may seek assistance from relevant authorities.
[This Article Wholly Amended by Presidential Decree No. 18200, Dec. 30, 2003]
This amended provisions of this Article shall lose effect as from January 1, 2005 in accordance with paragraph (2) of the Addenda,
Presidential Decree No. 18200, dated December 30, 2003
SECTION 4 Deleted.
Articles 83 through 86 Deleted.
<by Presidential Decree No. 17222, May 10, 2001>
CHAPTER V MAINTENANCE OF GOOD ORDER IN EXPORTS AND IMPORTS
SECTION 1 MaintenanceofGoodOrderinExportsand Imports by Traders, etc.
Article 87 (Designation of Unfair Export or Import Practices)
Reference in Article 39 (1) 3 of the Act to practices determined by the Presidential Decree as threatening to disturb good order
in exports and imports shall be construed to include practices as set out in the following subparagraphs: <Amended by Presidential
Decree No. 17186, Mar. 31, 2001; Presidential Decree No. 17222, May 10, 2001>
1.Practices of exporting or importing goods, etc. whose qualities are falsely or exaggeratedly described;
2.and 3.Deleted; <by Presidential Decree No. 17186, Mar. 31, 2001>
4.Practices which cause difficulty in exporting to or importing from a particular region because terms and conditions of export or
import transactions, such as delivery or takeover of exported or imported goods, etc. payment of prices, etc., are not fulfilled
as provided for in such transactions;
5.Practices which cause damage to overseas credibility because of exportation or importation of such goods as are significantly different
from those provided for in terms and conditions of transactions, or of disputes, etc. raised on purpose, with regard to exports or
imports, or for other reasons;
6.Practices falling under one of the following items, with regard to performance of export or import transactions:
(a)Practices of issuing false shipping documents, such as bills of lading, or of forging or counterfeiting them; and
(b)Practices of taking over the imported goods without resorting to the justifiable procedures, such as not submitting an authentic
copy of bills of lading, etc.; or
7.Deleted. <by Presidential Decree No. 17186, Mar. 31, 2001>
Articles 88 and 89 Deleted.
<by Presidential Decree No. 17222, May 10, 2001>
Article 90 (Mutatis Mutandis Application of Order of Corrective Measures)
The provisions of Article 54-2 shall be applied mutatis mutandis to the contents and the method of notification of corrective measures
pursuant to Article 39 (5) of the Act.
[This Article Wholly Amended by Presidential Decree No. 17186, Mar. 31, 2001]
Article 91 (Imposition of Penalty Surcharge and Mutatis Mutandis Application of Payment Procedures)
The provisions of Article 54-3 shall be applied mutatis mutandis to the imposition of penalty surcharge under Article 39 (5) of the
Act and its payment.
[This Article Wholly Amended by Presidential Decree No. 17186, Mar. 31, 2001]
Article 92 (Types of Offenses Subject to Penalty and Amounts of Penalty Surcharges)
(1) Types of offenses, subject to penalty in accordance with Article 39 (6) of the Act, and amounts of penalty surcharges according
to their degree shall be as set out in Table 1-2 attached. <Amended by Presidential Decree No. 17186, Mar. 31, 2001>
(2) In consideration of the volume of exports or imports by the trader, etc., the degree or the frequency of offenses, etc., the Minister
of Commerce, Industry and Energy may increase or reduce the amounts of penalties pursuant to paragraph (1) above, not exceeding 50
percent of such amount. Even in the cases in which penalties are increased, the total amount of penalty shall not exceed 30 million
won. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
SECTION 2 Conciliation of Dispute, etc.
Article 93 (Notification, etc. of Trade Disputes)
(1) Where he receives report on trade disputes from traders of trading partners and the head of the dispute settlement body, or where
he obtains knowledge of such disputes while carrying out his functions and duties, the head of the diplomatic mission in a foreign
country shall notify, without delay, the Minister of Commerce, Industry and Energy of such disputes. The same shall also apply to
the Korea Trade-Investment Promotion Agency, export-import associations, and other authorities relating to exports or imports. <Amended
by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2) Where he is notified of trade disputes in accordance with paragraph (1) above, the Minister of Commerce, Industry and Energy,
where he deems necessary for expeditious settlement of such disputes, may offer good offices or mediation. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
Article 94 (Practices regarded as Trade Barriers)
Practices by which preshipment inspection by the preshipment inspecting organ pursuant to Article 42 (1) of the Act regarded as a
trade barrier shall be those as causing obstacles to the performance of exportation in contravention of the provisions of Article
2 of the Agreement on Preshipment Inspection of the World Trade Organization.
Article 95 (Making or Keeping of Lists of Candidates for Conciliators)
(1) The Minister of Commerce, Industry and Energy may constitute a conciliation commission so as to resolve disputes between traders,
exporters and preshipment inspecting organs in accordance with the provisions of Articles 41 (4) and 42 (2) of the Act (hereinafter
referred to as the Conciliation Commission ), and have it afford conciliation of disputes. <Amended by Presidential Decree No.
16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2) The Minister of Commerce, Industry and Energy shall designate each person of the following subparagraphs as candidates for conciliators
of the Conciliation Commission, and draw up and keep lists of candidates for conciliators: <Amended by Presidential Decree No.
16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Ten conciliators or less recommended by an organization representing preshipment inspecting organs;
2.Thirty persons or less recommended by an organization representing exporters; and
3.Twenty persons or less as falling under any of the following items:
(a) A judge, public prosecutor, or attorney-at-law of not less than 10 years standing;
(b) A director or officer of listed corporation of not less than 5 years standing;
(c) An associate professor or higher with majoring in related fields;
(d) A director or officer of foreign company operating in the Republic of Korea; or
(e) A person with experiences equal to contents of items (a) to (d) above, who satisfies requirements determined by the Minister of
Commerce, Industry and Energy.
Article 96 (Composition of Conciliation Commission)
(1) The Conciliation Commission shall consist of three conciliators.
(2) While conciliators under paragraph (1) shall be commissioned by the Minister of Commerce, Industry and Energy from among candidates
for conciliators on lists of candidates for conciliators, the chairman of the Conciliation Commission shall be a person who is nominated
by the Minister of Commerce, Industry and Energy from among them. <Amended by Presidential Decree No. 17186, Mar. 31, 2001>
(3) No person who has interest in the results of conciliation shall be a conciliator: Provided, That in case where one of the parties
does not challenge him with the knowledge of such situation, this shall not apply.
(4) A person who is nominated as a conciliator shall notify to the Conciliation Commission of any circumstances likely to give rise
to doubts as to his impartiality or independence. In this case, the Conciliation Commission shall make a determination, in a form
of decision, as to whether or not to make a replacement of conciliators.
(5) Where it is necessary that a conciliator shall be replaced in accordance with the provisions of paragraph (4) above, or where
a conciliator refuses to or is not able to carry out his functions and duties in conciliation, a substitute conciliator shall be
appointed in conformity with the provisions of paragraph (2) by the Minister of Commerce, Industry and Energy. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999>
(6) There shall be an executive secretary to the Conciliation Commission, who is designated by the Minister of Commerce, Industry
and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(7) The executive secretary shall perform general functions of the Conciliation Commission, following directions from the chairman
of the Conciliation Commission.
Article 97 (Meetings of Conciliation Commission)
(1) The chairman of the Conciliation Commission shall convene meetings of the Conciliation Commission and preside over such meetings.
(2) Where he intends to convene meetings, the chairman shall give notice to each conciliator two days prior to the opening of such
meetings by setting out date and time, place, and agenda of such meetings: Provided, That in case of unavoidable circumstances, such
as emergencies, etc., this shall not apply.
(3) A decision in meetings of the Conciliation Commission shall be made by consents of two conciliators or more.
(4) No meetings of the Conciliation Commission shall be made public.
(5) Where it deems necessary for amicable settlements of disputes, the Conciliation Commission may have a conciliator hear views of
disputing parties or the interested parties or make necessary investigations. <Amended by Presidential Decree No. 17186, Mar.
31, 2001>
(6) The Conciliation Commission may have technical assistance from external experts in disputed fields, or request for an examination
or inspection of the related professional institutions, and have disputing parties bear the expenses. <Amended by Presidential
Decree No. 17186, Mar. 31, 2001>
(7) Where it deems necessary for settlements of disputes, the Conciliation Commission may call upon the parties or the interested
parties to present documents or information. <Amended by Presidential Decree No. 17186, Mar. 31, 2001>
Article 98 (Application for Conciliation of Disputes)
(1) In the case of disputes involving trades or preshipment inspection activities, either one or both of the parties, according to
the provisions of Article 41 (4) or 42 (2) of the Act, may apply to the Minister of Commerce, Industry and Energy for conciliation
of disputes. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2) Deleted. <by Presidential Decree No. 17186, Mar. 31, 2001>
(3) Necessary matters on application, such as procedures on application pursuant to paragraph (1), shall be determined and notified
by the Minister of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 99 Deleted.
<by Presidential Decree No. 17186, Mar. 31, 2001>
Article 100 (Composition of Conciliation Commission and Drawing-up of Conciliatory Proposals)
(1) In the case of a request for conciliation, the Minister of Commerce, Industry and Energy shall constitute the Conciliation Commission
not later than seven days after the date of request, and make it draw up a conciliatory proposal not later than twenty days after
the date of constitution and present to the parties: Provided, That it is impossible to draw up a conciliatory proposal within such
period of time for unavoidable causes, such as because a conciliator refuses to carry out his functions and duties, or is incapable
of performing his services on grounds of illness, etc. such period may be extended not exceeding seven days. <Amended by Presidential
Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2) A conciliatory proposal made in conformity with the provisions of paragraph (1) above shall contain each content of the following
subparagraphs, and all of the conciliators shall sign and seal upon it:
1.Description of a conciliation case;
2.Date and time, and place of conciliation;
3.The name or denomination of the parties; and
4.Main points of conciliatory proposal.
Article 101 (Notification of Conciliatory Proposal)
(1) Where a conciliatory proposal is drawn up in accordance with the provisions of Article 100 above, the Conciliation Commission
shall notify the parties of such proposal.
(2) The parties to whom notice on conciliatory proposal has been given in accordance with paragraph (1) above shall notify, in writing,
not later than seven days, the Conciliation Commission of whether or not to accept the conciliatory proposal.
Article 102 (Termination of Conciliation)
(1) The Conciliation Commission may terminate a case referred to the conciliation on grounds of each of the following subparagraphs:
1.Either where the parties reach a settlement agreement, or where a conciliatory proposal made by the Conciliation Commission is accepted;
2.Where either an applicant for conciliation or one of the parties withdraws a request for conciliation;
3.Where one of the parties refuses to accept a conciliatory proposal made by the Conciliation Commission; or
4.Where it is recognized that it is impossible for the parties to reach an agreement, or where it is considered that it is not necessary
to proceed conciliation.
(2) In the case of termination of conciliation, the Conciliation Commission shall give notice to the parties.
Article 103 (Costs of Conciliation)
(1)As respects conciliation pursuant to the Act, the Minister of Commerce, Industry and Energy may have the parties bear costs of
conciliation. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(2)Costs of conciliation shall be categorized as fees for request, administrative expenses and allowance, matters necessary for the
amount of costs of conciliation and procedures on advance payment, etc. shall be determined and notified by the Minister of Commerce,
Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 104 (Arbitral Institution of Preshipment Inspection)
(1)An arbitral institution prescribed in Article 42 (3) of the Act shall be an incorporated association designated by the Minister
of Commerce, Industry and Energy pursuant to Article 40 of the Arbitration Act (hereinafter referred to as the Korea Commercial
Arbitration Board ). <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(2)As respects arbitration as falling under Article 42 (3) of the Act, the provisions of the Arbitration Act shall apply.
Article 105 (Relations with Dispute Settlement Procedures under World Trade Organization Agreements)
Dispute settlement procedures with regard to preshipment inspection activities in accordance with this Act shall not interfere with
dispute settlement procedures under the World Trade Organization Agreements.
Article 106 (Standards for Issuing Adjustment Order)
The Minister of Commerce, Industry and Energy may, if it is deemed necessary, set and announce the standards for making an adjustment
order pursuant to Article 43 (1) 3 of the Act. In this case, the Minister of Commerce, Industry and Energy shall seek, in advance,
opinions from the head of the competent administrative authority who takes charge of the goods concerned.
[This Article Wholly Amended by Presidential Decree No. 18200, Dec. 30, 2003]
Article 107 (Adjustment Order Advisory Committee, etc.)
(1)An Adjustment Order Advisory Committee, which is composed of 10 members or less falling under the following subparagraphs, shall
be established in the Ministry of Commerce, Industry and Energy to provide advice and suggestions as requested by the Minister of
Commerce, Industry and Energy with respect to adjustment orders for traders under Article 43 (1) of the Act:
1.Persons recommended by export-import associations or other relevant organizations established for the items concerned;
2.Persons who have served for ten years or longer as a judge, a public prosecutor, or an attorney at law;
3.Persons who have served as an associate professor or higher with a major in the relevant field;
4.Persons who belong to foreign government agencies in Korea or serve as officers of foreign trading companies there; and
5.Persons who have career equivalent to subparagraphs 1 through 4 above and meet the standards as set by the Minister of Commerce,
Industry and Energy.
(2)Matters necessary for the organization, operation, etc. of the Adjustment Order Advisory Committee shall be determined by the Minister
of Commerce, Industry and Energy.
(3) In making an order for adjustment under Article 43 of the Act, the Minister of Commerce, Industry and Energy shall make public
notification of the reasons, objects, contents, etc. of the adjustment order unless there are any special reasons to the contrary,
such as the infringement of a company s trade secrets.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
Article 108 (Certificate)
The certificate as described in Article 50 (3) of the Act shall be as shown in the attached Form.
[This Article Newly Inserted by Presidential Decree No. 18200, Dec. 30, 2003]
CHAPTER VI Deleted.
Articles 109 through 113 Deleted.
<by Presidential Decree No. 16191, Mar. 17, 1999>
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 114 Deleted.
<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 115 (Fees)
A person who intends to obtain a certificate of origin of the export goods in accordance with Article 25-2 of the Act shall pay the
fees determined and announced by the Minister of Commerce, Industry and Energy.
[This Article Wholly Amended by Presidential Decree No. 18200, Dec. 30, 2003]
Article 116 (Delegation or Entrusting of Powers)
(1) In accordance with Article 53 (1) of the Act, the Minister of Commerce, Industry and Energy shall entrust such powers as falling
under any of the following subparagraphs, according to categories of goods, etc. subject to such powers, with the head of the competent
central administrative authority taking charge of the goods, etc.: Provided, That powers with regard to such goods, etc. under the
authority of the Minister of Commerce, Industry and Energy shall be excluded: <Amended by Presidential Decree No. 16191, Mar.
17, 1999; Presidential Decree No. 17186, Mar. 31, 2001; Presidential Decree No. 18200, Dec. 30, 2003>
1.Powers as to restrictions on the importation of raw materials or machinery for obtaining foreign currencies pursuant to the provisions
of Article 32 (2) above;
2.Powers as to the determination of base quantity of raw materials or machinery for obtaining foreign currencies pursuant to the provisions
of Article 33 above;
3.Powers as to the determination or extension of the period of performance during which foreign currencies shall be acquired, in accordance
with the provisions of Article 35;
4.Powers as to each of the following items with regard to raw materials or machinery for obtaining foreign currencies, or goods, etc.
made of such materials or made by such machinery (limited to products determined and notified by the Minister of Commerce, Industry
and Energy):
(a) Powers as to follow-up managements of whether or not obtaining foreign currencies is performed, in accordance with the provisions
of Article 36 (1) above;
(b) Powers as to approval of changes in purposes of uses in accordance with the provisions of Article 20 (1) of the Act; or
(c) Powers as to approval of transfer or assignment in accordance with the provisions of Article 20 (2) of the Act;
5.and 6.Deleted; <by Presidential Decree No. 16191, Mar. 17, 1999>
7.Powers as to issuance of certificate of import of strategic materials in accordance with the provisions of Article 21 of the Act;
8.Powers as to adjustment orders in accordance with the provisions of Article 43 (1) of the Act; or
9.Powers as to instruction, supervision and request for data furnishing under Article 53 (2) and (3) of the Act with regard to functions
and duties delegated to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the
Mayor/Do governor ) in accordance with the provisions of paragraph (4) 2.
(2)Deleted. <by Presidential Decree No. 17186, Mar. 31, 2001>
(3)The Minister of Commerce, Industry and Energy, according to Article 53 (1) of the Act, shall delegate powers indicated in the following
subparagraphs with regard to categories of goods, etc. under his authority to the director of the Agency for Technology and Standards:
Provided, That powers as to wood furniture from among those powers as falling under subparagraph 1 shall be entrusted with the director
of the Korea Forest Research Institute: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 16351,
May 24, 1999; Presidential Decree No. 17186, Mar. 31, 2001; Presidential Decree No. 18200, Dec. 30, 2003; Presidential Decree No.
18213, Jan. 9, 2004>
1.Powers as to the determination of base quantity of raw materials or machinery for obtaining foreign currencies pursuant to the provisions
of Article 33 above;
2.Powers as to follow-up managements of whether or not obtaining foreign currencies is performed, in accordance with the provisions
of Article 36 (1) above;
3.Powers as to instruction, supervision and request for data furnishing under Article 53 (2) and (3) of the Act with regard to functions
and duties entrusted, with the competent administrative authority or association determined or notified by the Minister of Commerce,
Industry and Energy in accordance with the provisions of subparagraphs 3 and 4 of Article 10 above; or
4.Powers as to instruction, supervision and request for data furnishing under Article 53 (2) and (3) of the Act with regard to functions
and duties delegated to the Mayor/Do governor in accordance with the provisions of paragraph (4) 2 below.
(4)The Minister of Commerce, Industry and Energy, subject to Article 53 (1) of the Act, shall delegate powers indicated in the following
subparagraphs with regard to such goods, etc. as falling under his authority to the Mayor/Do governor: Provided, That powers as to
businesses based in areas under the control of the free-trade zone management office shall be delegated to the chief of the free-trade
zone management office: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Deleted; <by Presidential Decree No. 17186, Mar. 31, 2001>
2.Powers as to approval of changes in purposes of uses in accordance with the provisions of Article 20 (1) of the Act;
3.Powers with regard to domestically circulated goods from among powers as to investigation of country or place of origin of imported
goods in accordance with the provisions of Article 23 (4) of the Act;
3-2.Powers with regard to domestically circulated goods from among the orders for corrective measures or an imposition of the surcharge
under Article 23 (5) of the Act;
4.Powers as to imposition or collection of a fine for negligence against a person as falling under the provisions of Article 60 (2)
1 and 2 of the Act, or as to receipt of complaints and notifications, in accordance with Article 60 (3) through (6) of the Act;
5.Powers with regard to extension of implementing period of obtaining foreign currencies under Article 35 (2) and (3); or
6.Deleted. <by Presidential Decree No. 17807, Dec. 18, 2002>
(5)The Minister of Commerce, Industry and Energy, according to Article 53 (1) of the Act, shall entrust those powers indicated in
the following subparagraphs to the chief-officer of a customs office: Provided, That the power with respect to the moved-in enterprises
within the jurisdictional area of a free trade zone administration agency among the powers under subparagraph 4-2 shall be entrusted
to the administrator of the free trade zone administration agency: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential
Decree No. 17186, Mar. 31, 2001; Presidential Decree No. 17807, Dec. 18, 2002; Presidential Decree No. 18200, Dec. 30, 2003>
1.Powers as to confirmation on whether or not exports or imports have been exempted from approval in accordance with the provisions
of Article 17 of the Act;
2.Powers as to confirmation of the country of origin of imported goods and the mark thereof pursuant to the provisions of Article
23 (4) of the Act (excluding powers entrusted to the Mayor/Do governor under paragraph (4) 3);
3.Deleted; <by Presidential Decree No. 17186, Mar. 31, 2001>
4.Powers as to the orders for corrective measures for the practices falling under the provisions of Articles 23 (5) and 39 (1) 1 and
2 of the Act, or to the imposition of penalty surcharge: Provided, That the cases where a corrective measure is ordered under Article
39 (5) of the Act on the recommendation of the trade committee or a penalty surcharge is imposed shall be excluded;
4-2. Powers concerning the affairs of issuing the certificate of the country of origin for the purpose of receiving customs concession
among the affairs of issuing the certificate of the country of origin under Article 60-2 (2) and (3);
5.Powers as to imposition or collection of a fine for negligence against a person as falling under the provisions of Article 60 (2)
1 and 2 of the Act, or as to receipt of complaints and notifications in accordance with Article 60 (3) through (6) of the Act;
6.Powers with regard to the verification of the mark of origin under Article 54 (4); or
7.Powers with regard to the orders for submitting the certificate of the country of origin under Article 60.
(6)The Minister of Commerce, Industry and Energy, pursuant to Article 53 (1) of the Act, shall entrust those functions indicated in
the following subparagraphs with the Korea International Trade Association, or the Korea Software Industry Association pursuant to
Article 26 of the Software Industry Promotion Act (limited to the affairs of subparagraph 3): <Amended by Presidential Decree
No. 17186, Mar. 31, 2001; Presidential Decree No. 18200, Dec. 30, 2003>
1.Development and operation of computerized management systems for the database of export or import statistics pursuant to Article
30 (1), such as granting and managing the particular number of trade business;
2.Collection and analysis of information relating to export or import transactions under Article 31 (2);
3.Verification of export or import of immaterial goods of electronic forms under Article 31-2;
4.Verification of export or import of services under Article 31-2; or
5.Prior judgment of strategic materials under Article 40-2.
(7) and (8) Deleted. <by Presidential Decree No. 17186, Mar. 31, 2001>
(9)The Minister of Commerce, Industry and Energy, according to Article 53 (1) of the Act, shall entrust those powers indicated in
the following subparagraphs with the Commissioner of the Korea Customs Service: <Amended by Presidential Decree No. 16191, Mar.
17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Powers as to prior decision of mark of origin and as to handling of complaints thereagainst, pursuant to the provisions of Articles
56 and 57;
2.Powers as to instructions, supervision and request for data furnishing under Article 53 (2) and (3) of the Act, with regard to functions
and duties entrusted with the chief-officer of a customs office in accordance with the provisions of Article 5 above; or
3.Powers as to the determination of details in methods of marking of origin within the limits of methods of marking of origin as set
out by the Minister of Commerce, Industry and Energy in accordance with the provisions of the main sentence of Article 53 (3) above.
(10)The Minister of Commerce, Industry and Energy, according to Article 53 (1) of the Act, shall entrust those powers as to goods,
etc. requiring for export or import license as falling under the following subparagraphs with the head of the competent administrative
authority or of association designated and notified by himself: <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential
Decree No. 17186, Mar. 31, 2001>
1.Powers as to approval of export or import, change of approval, and receipt of reports on changed matters, in accordance with the
provisions of Article 14 (2) and (3) of the Act;
2.Deleted; <by Presidential Decree No. 16191, Mar. 17, 1999>
3.Powers as to approval of import of raw materials or machinery for obtaining foreign currencies pursuant to the provisions of Article
32 above; or
4.Powers as to follow-up managements pursuant to Article 36 with regard to raw materials or machinery for obtaining foreign currencies
as falling under the authority of the Minister of Commerce, Industry and Energy.
(11)The Minister of Commerce, Industry and Energy shall, under Article 53 (1) of the Act, entrust the powers as to approval or change
of approval of export of industrial plants in accordance with the provisions of Article 22 (1) of the Act (excluding the cases of
exports by package order basis contracts requiring for consents of the Minister of Construction and Transportation and the Minister
of Labor), with the Korea Association of Machinery Industry established with the authorization of the Minister of Commerce, Industry
and Energy in accordance with the provisions of Article 38 of the Industrial Development Act (hereinafter referred to as the Korea
Association of Machinery Industry ): Provided, That in the event of deferred financial supports, such powers shall be entrusted with
the Export-Import Bank of Korea in accordance with the Export-Import Bank of Korea Act. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999; Presidential Decree No. 16308, May 13, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
(12)The Minister of Commerce, Industry and Energy, according to Article 53 (1) of the Act, shall entrust those powers indicated in
the following subparagraphs with the Korean Commercial Arbitration Board: <Amended by Presidential Decree No. 16191, Mar. 17,
1999; Presidential Decree No. 17186, Mar. 31, 2001>
1.Powers as to good offices or mediation of trade disputes in accordance with the provisions of Article 93 (2); or
2.Powers as to the constitution and operation of the Conciliation Commission in accordance with the provisions of Articles 95 through
103.
(13)The Minister of Commerce, Industry and Energy shall, pursuant to Article 53 (1) of the Act, entrust the affairs of issuing the
certificate of the country of origin under Article 60-2 (2) and (3)(including the affairs of issuing the certificate of the country
of origin for the purpose of receiving customs concession)to the Korea Chamber of Commerce and Industry established under the Chambers
of Commerce and Industry Act (hereinafter referred to as the Korea Chamber of Commerce and Industry ), or to the juristic person
designated and notified by the Minister of Commerce, Industry and Energy among the juristic persons established under Article 32
of the Civil Act. <Newly Inserted by Presidential Decree No. 17186, Mar. 31, 2001; Presidential Decree No. 17807, Dec. 18, 2002;
Presidential Decree No. 18200, Dec. 30, 2003>
(14) The Minister of Commerce, Industry and Energy shall, pursuant to Article 53 (1) of the Act, entrust the authority related to
the issuance and follow-up management of the purchase verification under Article 38-2 with the head of foreign exchange bank. <Newly
Inserted by Presidential Decree No. 17186, Mar. 31, 2001>
Article 117 (Arrangements following Delegation or Entrusting of Powers)
(1)Deleted. <by Presidential Decree No. 17807, Dec. 18, 2002>
(2)In a case of the imposition of a penalty surcharge or a fine for negligence pursuant to Article 116 (4) 3-2, 4 or 116 (5) 4 or
5 above, the Mayor/Do governor or the chief-officer of a customs office shall consult, in advance, with each other. <Amended by
Presidential Decree No. 17186, Mar. 31, 2001>
(3)A person to whom powers of the Minister of Commerce, Industry and Energy have been delegated or entrusted in accordance with the
provisions of Article 116 above shall file reports on the results of exercise of delegated or entrusted functions with the Minister
of Commerce, Industry and Energy. Matters necessary for the timing and modes of filing of reports, etc. shall be set out by the Minister
of Commerce, Industry and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(4)Where a person to whom powers are delegated or entrusted in accordance with the provisions of Article 116 above, has carried out
such delegated or entrusted functions in contravention of the Act or this Presidential Decree, the Minister of Commerce, Industry
and Energy may request him to take necessary measures, such as corrective measures, etc. <Amended by Presidential Decree No. 16191,
Mar. 17, 1999>
(5)A person to whom a request has been made to take corrective measures, etc. in accordance with the provisions of paragraph (4) above
shall make corrections of such functions, and file reports on the results of such correction with the Minister of Commerce, Industry
and Energy. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 118 (Imposition of Fine for Negligence)
(1)In the case of imposition of a fine for negligence pursuant to Article 60 (1) and (2) of the Act, the Minister of Commerce, Industry
and Energy shall conduct investigation or confirmation of offenses, and shall give to the person, subject to a fine for negligence,
notice, in writing, containing facts of offenses, the amount of fine, etc., and with the statement that such fine for negligence
shall be paid.
(2)In the case of imposition of a fine for negligence pursuant to paragraph (1) above, the Minister of Commerce, Industry and Energy
shall afford a person, subject to imposition of a fine for negligence, an opportunity to present, in oral or in writing, his views
by setting a time-limit of not less than 10 days. In this case, unless views are presented by the specified time-limit, it is deemed
that he has no views. <Amended by Presidential Decree No. 16191, Mar. 17, 1999>
(3)In the case of determination of the amount of a fine for negligence, the Minister of Commerce, Industry and Energy shall take into
account of motives of such offenses and results thereof, etc. The amounts of fine for negligence shall be as set out in Table 2 attached.
<Amended by Presidential Decree No. 16191, Mar. 17, 1999>
Article 119 (Presumption of Public Officials)
Reference in Article 59 of the Act to juristic persons or associations designated by the Presidential Decree shall be construed
to include the Korea International Trade Association, the Korea Software Industry Association, such associations as designated pursuant
to the provisions of Article 116 (10) above, the Korea Association of Machinery Industry, and the Korea Commercial Arbitration Board,
the Korea Chamber of Commerce and Industry, and such juristic persons as designated pursuant to the provisions of Article 116 (13)
above. <Amended by Presidential Decree No. 16191, Mar. 17, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1997.
Article 2 (Time-limit of Application of Provisions on Notice as to Trade Business)
The provisions of Articles 19 through 23 above shall be effective until December 31, 1999.
Article 3 (Examples of Application of Follow-up Managements)
The provisions of Article 29 above shall also apply to export or import approval prior to the entry into force of this Decree.
Article 4 (Examples of Application on Mark of Origin)
The provisions of Article 53 above shall apply to goods requiring for mark of the origin, which are shipped and imported for the first
time after this Presidential Decree enters into force.
Article 5 (Transitional Measures relating to Request for Registration of Trade Business)
A person who has made a request for registration of trade business in accordance with the previous provisions prior to the entry into
force of this Presidential Decrees shall be deemed to have given notice of trade business in conformity with this Presidential Decree.
Article 6 (Transitional Measures relating to Export or Import Recommendation)
(1)A person who has obtained export or import recommendations pursuant to the previous provisions prior to the entry into force of
this Presidential Decree shall be deemed to have obtained the approval of export or import in conformity with this Presidential Decree.
(2)A person who has made a request for export or import recommendation pursuant to the previous provisions prior to the entry into
force of this Presidential Decree shall be deemed to have made a request for approval of export or import in conformity with this
Presidential Decree.
Article 7 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15936, Dec. 10, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA <Presidential Decree No. 16081, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16131, Feb. 26, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16139, Feb. 27, 1999>
(1) (Enforcement Date) This Decree shall enter into force on March 1, 1999.
(2) Omitted.
ADDENDUM <Presidential Decree No. 16191, Mar. 17, 1999>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25 (2) shall
enter into force on July 1, 1999.
ADDENDA <Presidential Decree No. 16308, May 13, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 16351, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 16444, Jun. 30, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1999.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16920, Jul. 27, 2000>
(1) (Enforcement Date) This Decree shall enter into force on July 29, 2000.
(2) Omitted.
ADDENDA <Presidential Decree No. 17048, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 17186, Mar. 31, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17222, May 10, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17351, Sep. 1, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2001.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 17807, Dec. 18, 2002>
(1)(Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of
Article 115 and Article 116 (4) 6, (5) 4-2 and (13) shall apply on and from March 1, 2003.
(2)(Transitional Measures concerning Penalty Surcharge) In applying penalty surcharge against the acts committed prior to the enforcement
of this Decree, the previous provisions shall prevail.
ADDENDA <Presidential Decree No. 18200, Dec. 30, 2003>
(1)(Enforcement Date) This Decree shall enter into force on December 30, 2003.
(2)(Time Limit of Application of Measures to Restrict Import Volumes against Textiles and Clothing) The amended provisions of Articles
81 and 82 above shall be effective until December 31, 2004.
ADDENDA <Presidential Decree No. 18213, Jan. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18903, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 Omitted.
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