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Laws of the Republic of Korea |
1
ENFORCEMENT RULE OF THE USE AND PROTECTION OF CREDIT INFORMATION
ACT
Ordinance of the Prime Minister No. 661, Jul. 6, 1997 Amended by Ordinance of the Prime Minister No. 512, Dec. 27, 1995 Ordinance of the Ministry of Finance and Economy No. 20, Apr. 25, 1997 Ordinance of the Ministry of Finance and Economy No. 84, May 25, 1999 Ordinance of the Ministry of Finance and Economy No. 151, Jul. 10, 2000 Ordinance of the Ministry of Finance and Economy No. 208, Jul. 5, 2001 Ordinance of the Ministry of Finance and Economy No. 238, Jan. 29, 2002 Ordinance of the Ministry of Finance and Economy No. 266, Jun. 18, 2002 Ordinance of the Ministry of Finance and Economy No. 389, Jul. 30, 2004 Ordinance of the Ministry of Finance and Economy No. 440, May 27, 2005 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 Use
and Protection of Credit Information Act (hereinafter referred
to as the
"Act") and its Enforcement Decree (hereinafter referred to as the "Decree")
as well as for those necessary for the enforcement
thereof.
(1) As used in Article 2 (1) 2 of the Decree, the term "information provided
for by Ordinance of the Prime Minister" means the types
of transactions,
the names or trade names of the parties thereto, transaction period, amount
and limit, etc.
84, May 25, 1999; Ordinance of the Prime Minister No. 875, Mar. 3, 2008>
(3) As used in Article 2 (1) 5 of the Decree, the term
"information provided
for by Ordinance of the Prime Minister" means any of the following:
1. Information on rulings on adjudication of incompetency,
quasi-incompetency and disappearance, and decisions on adjudication
of
bankruptcy and entry in a defaulter register, commencement of auction
and permission to make a successful bid;
2. Information on national taxes, local taxes or customs duties in arrears;
3. Information on fines, fines for negligence, charges for public service,
etc. in arrears;
4. Information on birth, death, emigration, absence, etc. as that related
to individual's resident registration and on establishment,
suspension,
discontinuance, transfer, or stock or share change, etc. as that related
to the registration of corporations; and
5. Information on commercial transactions such financial transactions
among that on administrative measures taken by the State or
local
governments under Acts and subordinate statutes.
(4) Deleted.
(5) As used in Article 2 (1) 27 of the Decree, the term "persons provided
for by Ordinance of the Prime Minister" means any of the
following persons:
1. Small and medium enterprises under Article 2 of the Framework Act
on Small and Medium Enterprises;
1-2. Enterprises other than small and medium enterprises referred to
in subparagraph 1, in which case the total amount of assets
or the
scale of turnover as of the end of the last business year is not more
than one trillion won;
ENFORCEMENT RULE OF THE USE AND PROTECTION OF CREDIT
INFORMATION ACT
3
2. Persons who conduct loaning, guarantee and any other credit business
with respect to the members and who are designated by the
Financial
Services Commission, among mutual aid associations established under
any special Act;
3. Deleted; 4. Korea Export Insurance Corporation established under the Export
Insurance Act;
4-2. Korea Asset Management Corporation established under the Act on
the Efficient Disposal of Non-Performing Assets, etc. of Financial
Institutions and the Establishment of Korea Asset Management
Corporation;
5. Credit appraisal companies established under Article 155 of the Indirect
Investment Asset Management Business Act;
6. Agricultural and Fishery Marketing Corporation established under the
Agricultural and Fishery Marketing Corporation Act;
7. Regional Credit Guarantee Foundation and National Credit Guarantee
Foundation Federation established under the Regional Credit
Guarantee
Foundation Act;
8. Telecommunications business operators under the Telecommunications
Business Act;
9. Holders of assets referred to in the Asset-Backed Securitization Act
and asset-backed securitization companies established under
Article
10 (1) of the said Act;
9-2. Special purpose companies for mortgage-backed bonds established
under the Special Purpose Companies for Mortgage-Backed Bonds
Act;
10. Auditors referred to in Article 3 of the Act on External Audit of Stock
Companies;
11. Resolution finance institutions established under the Depositor
Protection Act;
11-2. Korea Labor Welfare Corporation established under the Industrial
Accident Compensation Insurance Act;
12. Persons who carry on credit information business in a foreign country
under foreign Acts and subordinate statutes; and
13. Persons who carry on any business conducted by persons referred to
in any subparagraph of Article 2 (1) of the Decree in a foreign
country.
Article 3 Deleted.
4
Articles 4 and 5 Deleted.
Article 7 Deleted.
Article 8 Deleted.
Article 9 (Report on Suspension or Discontinuance of Business)
Any person who intends to suspend or discontinue credit information
business under Article 8 (4) of the Act, shall submit to the Financial Services
Commission a report on suspension or discontinuance
of credit information
business determined by it.
[This Article Wholly Amended by Ordinance of the Ministry of Finance and
Economy No. 151, Jul. 10, 2000]
Article 10 Deleted.
Article 11 (Certificate of Credit Information Business Operator)
A certificate verifying the conduct of credit information business
under
Article 9 (2) of the Act shall be in accordance with the Form 9.
Article 12 Deleted.
Articles 13 through 16 Deleted.
Article 17 Deleted.
Article 18 Deleted.
Article 19 (Standards for Imposition of Fine for Negligence and Procedures
for Collection thereof)
(1) The standards for imposition of fine for negligence under Article 35
(1) of the Act shall be as shown in the Table.
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period of time within which it may be raised.
The Financial Services Commission shall, if it intends to revoke permission
for credit information business under Article 2 (2)
of the Addenda of the
Use and Protection of Credit Information Act(Act No. 5694), hold a hearing.
ADDENDUM
This Rule shall enter into force on July 6, 1995.
ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM
ENFORCEMENT RULE OF THE USE AND PROTECTION OF CREDIT
INFORMATION ACT
6
This Rule shall enter into force on the date of its promulgation.
ADDENDUM
This Rule shall enter into force on the date of its promulgation.
ADDENDUM
This Rule shall enter into force on July 30, 2004.
ADDENDUM
This Rule shall enter into force on the date of its promulgation.
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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