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Laws of the Republic of Korea |
1
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL BUSINESS ACT
Ordinance of the Prime Minister No. 674, Dec. 31, 1997 Amended by Ordinance of the Ministry of Finance and Economy No. 19, Apr. 24, 1998 Ordinance of the Ministry of Finance and Economy No. 77, May 4, 1999 Ordinance of the Ministry of Finance and Economy No. 207, July 3, 2001 Ordinance of the Ministry of Finance and Economy No. 239, Jan. 31, 2002 Ordinance of the Ministry of Finance and Economy No. 283, Nov. 1, 2002 Ordinance of the Ministry of Finance and Economy No. 302, Feb. 24, 2003 Ordinance of the Ministry of Finance and Economy No. 451, July 22, 2005 Ordinance of the Prime Minister No. 875, Mar. 3, 2008 Article 1 (Purpose)
The purpose of these Rules is to provide for the matters delegated by
the Specialized Credit Financial Business Act and the Enforcement
Decree
of the same Act, and the matters necessary for the enforcement of such
matters.
Article 2 (Object of Settlement of Accounts of Credit Card)
The term "matter as prescribed by Ordinance of the Prime Minister" in
the subparagraph 3 of Article 2 of the Specialized Credit Financial Business
Act (hereinafter referred to as the "Act") means a
purchase price of a prepaid
card under the provisions of subparagraph 8 of Article 2 of the Act or,
in cases where an issuer (including
a person who has entered into a contract
for consignment of a give certificate; hereinafter the same shall apply)
of a gift certificate
(referring to the securities by which the holder can
be provided with goods or services by an issuer, etc. pursuant to the contents
in the certificate by issuance and sale of a non-registered certificate by
an issuer, in which a fixed amount, or number of goods
or services are
stated, regardless of their name or form, and by presentation or delivery
of it to an issuer or a person (hereinafter
referred to as an "issuer, etc.")
designated by an issuer, or use of it by other method by a holder; hereinafter
the same shall
apply) has entered into a contract for sale of a gift certificate
with a credit card business operator, a purchase price of the
relevant gift
certificate purchased from the issuer: Provided, That in cases of a personal
ENFORCEMENT RULE OF SPECIALIZED CREDIT
FINANCIAL
BUSINESS ACT
2
credit card holder, he/she can't exceed the use limit of one million won
in total of the gift certificates per credit card and prepaid
card.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 283,
Nov. 1, 2002]
Article 3 (Minor Investors)
(1) The term "minor investor" under the provisions of subparagraph 2 of
Article 4 of the Act means a person who owns stocks not
exceeding one
hundredth of the total number of issued stocks which have the voting
right of a corporation which is or intends to
be a specialized credit financial
company
Article 4 Deleted.
Article 5 Deleted.
Article 6 (Contents and Methods Making Conditions of Transaction Known
to All)
(1) The term "matters as prescribed by Ordinance of the Prime Minister"
in subparagraph 5 of Article 18 of the Act means the matters
of the following
subparagraphs:
1. Rate of income (referring to the rate converting the rate of total amount
of income, such as interest, fees, etc. yielded during
a quarter accounting
for in the total amount of the fund financed during a quarter into the
annual rate) of a credit card business
operator such as fees, etc. by
classification of the financing business to the credit card members;
and
2. Present status of distribution of the credit class applicable to the credit
card members.
(2) The term "methods as prescribed by Ordinance of the Prime Minister"
in the main sentence of Article 18 of the Act means the
methods of the
following subparagraphs:
3
Ordinance of the Prime Minister No. 875, Mar. 3, 2008>
1. Methods as classified by the following items for various kinds of rate
(hereinafter referred to as the "various kinds of rate")
under the
provisions of subparagraph 1 of Article 18 of the Act:
(a) Various kinds of rate applied according to the credit class
and period
in arrears, etc. of a credit card holder or debit card holder by a
credit card business operator shall be converted
into the annual
rates and a notice of such annual rates shall be posted on the Internet
homepage of the relevant credit card business
operator and the
specialized credit financial business association established under
the provisions of Article 62 of the Act;
(b) In case of new issuance of a credit card or the claim for the purchase
price, the credit class applicable to the relevant credit
card member
and the various kinds of rate converted into the annual rates shall
be individually notified; and
(c) A notice of a fee for a credit card member store by classification
of business as determined by the association shall be posted
on
Internet homepage of the relevant credit card business operator
and the association within one month after the end of each quarter.
2. More than two methods including the method of item (a) out of the
methods of the following items for the matters of subparagraphs
2 through
4 of Article 18 of the Act:
(a) Individual notification to a credit card holder or a debit card holder
and a credit card merchant store;
(b) Public announcement in a daily newspaper distributed nationwide;
and
(c) Posting a notice on a place of business and internet homepage of
a credit card business operator.
3. A notice of the matters of the subparagraphs of Article 1 shall be
posted on the Internet homepage of the relevant credit card
business
operator and the association within one month after the expiration
of each quarter.
[This Article Wholly Amended by Ordinance of the Ministry of Finance and Economy No. 239,
Jan.31, 2002]
Article 6-2 (Termination of Contract for Credit Card Merchant Store)
The term "cases as prescribed by Ordinance of the Prime Minister"
in
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL
BUSINESS ACT
4
paragraph 3 of Article 6-12 of the Enforcement Decree (hereinafter referred
to as the "Decree") of the Specialized Credit Financial
Business Act means
cases where the discontinuance of business of a credit card merchant store
has been notified in writing by the
Government Tax Office.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 207,
July 3, 2001]
Article 7 Deleted.
Article 8 (Kind, etc. of Deposited Article)
(1) Kinds of deposited articles under the provisions of Article 25 (5) of
the Act shall be those of the following subparagraphs
and the appraisal
of the deposited articles as prescribed by subparagraph 2 or 3 shall be
in accordance with Article 63 (1) of
the Inheritance Tax and Gift Tax
Act. 1. Cash;
2. National bonds, public bonds and corporate bonds listed on the Korea
Stock Exchange; and
3. Certificates of stocks or investment shares which have lapsed three
months after being listed on the Korea Stock Exchange.
(2)
A credit card business operator shall deposit the amount of money
under the provisions of Article 8 of the Decree by the end of
the month
following the end of each quarter.
Article 9 (Public Announcement of Implementer of Right )
A public announcement of the designation of an implementer of the right
under the provisions of Article 26 (1) of the Act shall be posted on the
official gazette and implemented.
Article 10 (Public Announcement of Allocation of Deposited Article)
(1) An implementer of the right under the provisions of Article
26 (1)
of the Act shall determine the period, method and place of report as the
following subparagraphs under the provisions of
Article 26 (4) of the Act
and then publicly announce those in more than two daily newspapers
distributed all over the country:
1. Period of report: It shall be longer than two weeks;
2. Method of report: It shall be specified that the report can be made
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL
BUSINESS ACT
5
orally, in writing, by facsimile or by additional communications service
network; and
3. Place of report: The report shall be made to the head office or a branch
office of an implementer of the right.
(2) The date and method of the redemption of bonds, and other matters
necessary for the redemption of bonds may be included in the
public
announcement under the provisions of paragraph (1)
Article 11 (Mark of Specific Article)
(1) A mark appended to a specific article under the provisions of Article
36 of the Act shall be in accordance with the attached
form: Provided,
That this shall not apply to a specific article subject to registration and
registry under other Acts and subordinate
statutes.
(2) A mark under paragraph (1) shall be appended to a place easily
recognizable and shall not be damaged.
Article 12 Deleted.
Article 13 (Method of Making Conditions of Transaction Known to All)
The provisions of Article 6 (2) 2 shall apply mutatis mutandis
to advising
a user of installment financing of the conditions of transaction.
(1) The credit amount under the provisions of Article 50 (1) of the Act
means the total amount of the amount of the following subparagraphs
yielded after a specialized credit financial company has obtained permission
or have registered under the provisions of Article
3 of the Act:
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL
BUSINESS ACT
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1. Amount of credit incurred by purchasing goods or being provided with
services, etc. by a corporate credit card under the provisions
of Article
7-2 (3) 5 of the Restriction Special Taxation Act;
2. Amount of financing to credit card members;
3. Expenses incurred for an equipment rental business operator to acquire
a specific article delivered to a user of the rented equipment
under
the contract for equipment rental and all the expenses incurred for
the equipment rental to a user of the rented equipment;
4. Amount of deferred payment sale;
5. Amount of installment financing used (including all the expenses
required for a user of installment financing to purchase the
goods under
the sales contract of the goods);
6. Amount of investment in and amount of financing to a new technology
business operator;
7. Amount of lending;
8. Amount of bills discounted;
9. Amount of purchasing of the sales credit under the provisions of Article
46 (1) 6 of the Act;
10. Amount of purchasing of the credit and securities under the provisions
of Article 46 (1) 6 of the Act; and
11. Amount of payment guarantee.
(2) Deleted.
The term "thing as prescribed by Ordinance of the Ministry of Finance
and Economy as real property directly necessary for business"
in Article
49 (1) 3 of the Act means a warehouse to store the assets for the equipment
rental and its building site not falling
under the items of Article 49 (1)
of the Enforcement Decree of the Corporate Tax Act.
A person in a special relationship under the provisions of Article 50 (2)
of the Act shall be a person falling under the subparagraphs
of Article
3 of the Enforcement Decree of the Monopoly Regulation and Fair Trade
Act.
7
1999>
Article 19 Deleted.
Article 20 Deleted.
Article 21 (Procedure for Collection of Penalty Surcharges)
The Enforcement Rules of the Management of the National Funds Act
shall
apply mutatis mutandis to the procedure for collection of the penalty
surcharge under the provisions of Article 24 (4) of the Decree.
In this
case, method of objection and period for raising objections, etc. shall also
be stated in the notice of payment.
ADDENDA
(2) (Abrogation of other Acts and Subordinate Statutes) The Acts and
subordinate statutes of the following subparagraphs shall be
abrogated
respectively:
1. Enforcement Rules of the Credit Card Business Act; and
2. Enforcement Rules of the Equipment Rental Business Act.
(3) (Amendment of other Acts and Subordinate Statutes) The Enforcement
Rules of the Stamp Duty Tax Act shall be amended as follows:
Subparagraph 14 of Article 9 shall be amended as follows and subparagraph
17 of the same Rules shall be deleted.
14. Specialized credit financial company under the Specialized Credit
Financial Business Act.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL
BUSINESS ACT
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ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM
This Decree shall enter into force on the date of its promulgation: Provided,
That the amended provisions of Article 6 (2) 1 (b)
shall enter into force
on April 1, 2002.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of
its promulgation.
(2) (Transitional Measure concerning Credit Ceiling on one's own affiliated
companies) A specialized credit financial company exceeding
the credit ceiling
as prescribed by Article 50 (1) of the Act under the amended provisions
of Article 15 (1) 1 at the time when
these Rules enter into force, shall make
it suitable for the amended provisions within one year after these Rules
enter into force
and, in order to perform it, shall submit a detailed plan
for reduction of the part exceeding the ceiling to the Financial Supervisory
Service within two months after these Rules enter into force.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA (Enforcement Rule of Organization of Office of the Financial
Services
Commission and Agency under its control)
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL
BUSINESS ACT
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Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 5 Omitted.
ENFORCEMENT RULE OF SPECIALIZED CREDIT FINANCIAL
BUSINESS ACT
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1. Equipment Rental Company
Trade Name :
Address :
2. Serial Number of Specific Article :
3. Name of Specific Article :
4. Period of Equipment Rental, etc. :
From (year) (month) (date)
To (year) (month) (date)
This article is the property of the above entered company and is
being used during the period of equipment rental, etc.
[Attached
Form]
Mark of Specific Article
22222 - 04511 day 62mm x 95mm
Approved on Dec. 16, 1997 (Printing paper (special grade) 60g/)
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