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ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY

ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY

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ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY

Ordinance of the Prime Minister No. 673, Dec. 31, 1997 Amended by Ordinance of the Prime Minister No. 875, Mar. 3, 2008 Article 1 (Purpose)

The purpose of this Rule is to provide for matters delegated by the Act on Real Name Financial Transactions and Guarantee of Secrecy and its Enforcement Decree as well as for those necessary for the enforcement thereof.

Article 2 (Financial Assets)

As used in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter referred to as the "Act"), the term "those provided for by Ordinance of the Prime Minister" means any of the following:

1. Certificates of pre-emptive rights to new shares; and

2. Securities or certificates issued by any foreign country or foreign body corporate.

Article 3 (Confirmation of Transactions in Real Name) Real names in financial transactions shall be confirmed as follows:

1. In the case of individuals: (a) Resident registration cards of persons subject to the issue thereof: Provided, That when it is difficult to make such confirmation by resident registration cards, certificates which are issued by state organs, local governments or principals of schools under the Education Act and which are capable of confirming real names, or certified copies of resident registers and other certificates capable of verifying their identity;

ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY

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(b) Certified copies of resident registers of persons not subject to the issue of resident registration cards and their legal agents' certificates referred to in item (a), or other certificates and documents capable of confirming real names; and

(c) In the case of Korean nationals residing abroad, their passports or registration cards of Korean nationals residing abroad referred to in the proviso of subparagraph 1 of Article 3 of the Enforcement Decree of the Act on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter referred to as the "Decree");

2. In the case of bodies corporate: Business registration certificates referred to in subparagraph 2 of Article 3 of the Decree, documents with tax payment numbers or certified copies thereof;

3. In the case of organizations other than bodies corporate: Certificates and documents referred to in subparagraph 1 above which are capable of confirming the real names of persons representing such organizations under subparagraph 3 of Article 3 of the Decree: Provided, That in the case of organizations referred to in the proviso of subparagraph 3 of Article 3 of the Decree, documents with their own numbers or tax payment numbers or certified copies thereof;

4. In the case of foreigners or foreign organizations: Alien registration cards and foreign organization registration certificates referred to in subparagraph 4 of Article 3 of the Decree or passports and identification cards; and

5. In case it is difficult to confirm real names under subparagraphs 1 through 4:

Written confirmations or certificates issued by the heads of relevant entities or other methods determined by the Financial Services Commission.

Article 4 (Heads of Entities Supervising and Examining Financial Institutions)

The heads of entities supervising and examining financial institutions under Article 13 (2) of the Decree shall be as shown in the attached Table. Article 5 (Procedures for Collection of Fine for Negligence) The Rule for Dealing with Affairs of Revenue Collectors shall apply mutatis mutandis to the procedures for collection of a fine for negligence under ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY

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Article 13 (5) of the Decree. In this case, a notice of payment thereof shall include the objection method, the objection period, etc. ADDENDA

Article 1 (Enforcement Date)

This Rule shall enter into force on the date of its promulgation. Article 2 (Repeal of Other Rule)

The Enforcement Rule of the Presidential Financial and Economic Emergency Order on Real Name Financial Transactions and Guarantee of Secrecy shall be repealed.

Article 3 (Value of Bonds)

As used in subparagraph 5 of Article 3 of the Addenda of the Decree, the term "value provided for by Ordinance of the Prime Minister" means any of the following:

1. In case of buying or selling the same bonds on several occasions: the amount obtained by multiplying their quantities by the unit acquisition price calculated by the moving average method (the total average method, if the financial institution concerned uses it) until August 12, 1993;

2. In case of deposit in kind: the amount obtained by multiplying their quantities by the price formulated at the last date before depositing bonds similar to the bonds in question; or

3. In cases other than those referred to in subparagraphs 1 and 2: the acquisition value.

Article 4 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 5 Omitted.


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