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FOREIGN TRADE ACT

GENERAL PROVISIONSCHAPTER I

Amended by Act No. 10231, April 5, 2010

Article 1 (Purpose)

The purpose of this Act is to contribute to the growth of the national economy by promoting foreign trade, establishing a fair trade system, maintaining international balance of payments and expanding commerce.

Article 2 (Definitions)

The terms as used in this Act shall have the meanings indicated below:

1. The term "trade" means the exportation and importation of those falling under any of the following items (hereinafter referred to as "goods, etc."): (a) Goods;

(b) Services prescribed by Presidential Decree;

(c) Intangible goods in an electronic form prescribed by Presidential Decree;

2. The term "goods" means movables, which exclude those of the following items: (a) Means of payment as defined in the Foreign Exchange Transactions Act; (b) Securities as defined in the Foreign Exchange Transactions Act; (c) Documents that embody any of the claims defined in the Foreign Exchange Transactions Act;

3. The term "trader" means any person who delegates or conducts acts for the exportation and importation of goods, in whole or in part, such as a person who engages in exportation or importation, a person to whom a foreign importer or exporter delegates FOREIGN TRADE ACT

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activities relating to exportation and importation, or a person who delegates activities relating to exportation and importation.

Article 3 (Principle of Free and Fair Trade)

(1) Foreign trade in the Republic of Korea shall be promoted on the basis of the principle of free and fair trade in compliance with the treaties on trade entered into and promulgated pursuant to the Constitution of the Republic of Korea and the generally accepted international laws and regulations.

(2) When there are any provisions that provide a restriction in any treaty on trade entered into and promulgated pursuant to this Act, any other act, or the Constitution of the Republic of Korea, or in any of the generally accepted principles of international law, the Government shall apply such restriction to the minimum extent necessary for achieving the intended purposes of such restriction. Article 4 (Measures for Promotion of Trade)

(1) The Minister of Knowledge Economy may take measures for continuously increasing the exportation and importation of goods, under conditions prescribed by Presidential Decree, if considered necessary for the promotion of trade.

(2) The Minister of Knowledge Economy may give necessary support to a person who falls under any of the following subparagraphs, under conditions prescribed by Presidential Decree, if considered necessary for the promotion of trade under paragraph (1):

1. A person who engages in a business of advisory services, guidance services, overseas advertising, exhibitions, training, arranging business talks, etc. for promotion of trade;

2. A person who has established and managed a facility related to trade, including a trade exhibition center and a trade training center;

3. A person who has established and managed a platform for the scientific processing of the business affairs relating to trade.

Article 5 (Restrictions on Trade and other Special Actions) When there occurs any event or cause set forth in any of the following subparagraphs, the Minister of Knowledge Economy may provide a restriction or ban on the exportation and importation of goods, under conditions prescribed by Presidential Decree:

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PROMOTION OF COMMERCECHAPTER II

1. In case of war, commotion, or natural disaster in the Republic of Korea or any trading partner country (hereinafter referred to as "trading partner country");

2. When any trading partner country fails to respect any right or interest of the Republic of Korea as provided for in a treaty or any of the generally accepted principles of international law;

3. When any trading partner country imposes an unfair or discriminatory burden or restriction upon Korean trade;

4. When it is necessary to perform duties to maintain international peace and security under treaties on trade entered into and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted principles of international law;

5. When it is necessary for protecting and conserving life, health, and safety of people, and life and health of animals and plants as well as the environment and domestic resources.

Article 6 (Consultation as to Acts and Subordinate Statutes on Trade) (1) All matters concerning trade shall be governed by this Act. (2) The head of an administrative agency, who intends to enact or amend an act and statute, directive, public notice, etc. that provide a restriction on the exportation or importation of goods, (hereinafter referred to as "guidelines for exportation and importation"), shall consult with the Minister of Knowledge Economy in advance. In such cases, the Minister of Knowledge Economy may request the head of the relevant administrative agency to adjust the guidelines for exportation and importation.

Article 7 (Establishment of Implementation Plan for Promotion of Commerce) (1) Each year the Minister of Knowledge Economy shall establish an implementation plan for the promotion of commerce for the following year, to promote trade and commerce.

(2) The implementation plan for the promotion of commerce under paragraph (1) shall include the following matters:

1. Basic direction of the implementation policy on the promotion of commerce; Laws on Green Growth, and Economic Investment in Korea 467 05_LawsConcerningEconomicInvestment

2. Analysis and forecast of the circumstances of international commerce;

3. Schemes for promotion of negotiations related to trade and commerce, and for support of overseas expansion of corporations;

4. Schemes for supporting the development of overseas markets, such as rendering advisory and guidance services, overseas advertising, exhibitions, arranging business talks, cultivating professional talents for the promotion of commerce;

5. Schemes for collecting, analyzing, and making the best use of information about commerce;

6. Measures to promote cooperation at home and abroad for smooth supply and demand of raw materials;

7. Other matters prescribed by Presidential Decree. (3) The Minister of Knowledge Economy may inquire about the commerce-related systems and practices of trading partner countries and problems encountered by Korean companies while conducting business abroad, in order to collect basic data for establishing the implementation plan for the promotion of commerce pursuant to paragraph (1). (4) The Minister of Knowledge Economy may request Korean companies doing business abroad to provide him/her with data necessary for establishment of the implementation plan for the promotion of commerce under paragraph (1), and may provide Korean companies with support, if necessary. (5) In the establishment of the implementation plan for the promotion of commerce under paragraph (1), the Minister of Knowledge Economy shall hear the opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor"), and shall notify the Mayor/Do Governor of the plan, once such implementation plan for the promotion of commerce is established. The same shall also apply to any revision to the plan.

(6) The Mayor/Do Governor shall, upon receiving the notice of the implementation plan for promotion of commerce pursuant to paragraph (5), establish and implement the regional implementation plan for promotion of commerce appropriate for the region within his/her jurisdiction.

(7) The Mayor/Do Governor shall notify the Minister of Knowledge Economy of his/her regional implementation plan for promotion of commerce, once such plan is established 468 Ministry of Government Legislation

pursuant to paragraph (6). The same shall also apply to any revisions to such plan.

Article 8 (Support to Cooperative Activities by Private Sector) (1) The Minister of Knowledge Economy may provide necessary support to an institution or organization related to trade or commerce, if such institution or organization promotes cooperative activities with the central government, a local government, an institution, or an organization of a trading partner country with regard to commerce, industry, technology, energy, etc., under conditions prescribed by Presidential Decree.

(2) The Minister of Knowledge Economy may collect information from institutions and organizations related to trade and commerce systematically and analyze such information to furnish local governments and companies with such information as required, in order to help companies develop overseas markets. (3) The Minister of Knowledge Economy may request the head of the relevant central administrative agency, Mayor/Do Governor, agency or organization engaged in trade, commerce and overseas expansion of corporations, to submit data and statistics, if necessary for collection, analysis and provision of information under paragraph (2).

(4) The Minister of Knowledge Economy shall establish a center for support of overseas expansion under the Korea Trade-Investment Promotion Agency Act, so as to carry out tasks comprehensively, including counseling, guidance, publicity, and research related to overseas expansion of corporations and other support for overseas expansion of corporations. (5) Matters necessary for composition, operation, and supervision, of a center for support of overseas expansion under paragraph (4) shall be determined by Presidential Decree.

Article 9 (Submission of Data for Implementation of Treaty concerning Trade) (1) The Minister of Knowledge Economy may request the relevant public agencies, corporations, organizations, etc. to submit necessary data, under conditions prescribed by Presidential Decree, when it is needed to honor a treaty concerning trade, which the Republic of Korea has concluded.

(2) No person who has acquired data necessary for implementation of a treaty concerning Laws on Green Growth, and Economic Investment in Korea 469 EXPORTATION AND IMPORTATIONCHAPTER III

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trade under paragraph (1) in performing his/her duty, shall provide or divulge the corporate information, which is deemed to need confidentiality, such as the business secret of a corporation, from among the data he/she has acquired, to other persons, or use them for any other purpose, without consent of the provider of such information. [This Article Wholly Amended by Act No. 9630, Apr. 22, 2009] SECTION 1 General Provision Applicable to Exportation and Importation Article 10 (Principles of Exportation and Importation) (1) Subject to the purposes of this Act, the exportation and importation of goods, the receipts and payments of the prices therefor shall be liberalized. (2) Every trader shall conduct transactions in good faith at his/her own risk to secure credibility in overseas markets and maintain the free trade system. Article 11 (Restrictions on Exportation and Importation) (1) The Minister of Knowledge Economy may provide a restriction or ban on exportation or importation, provided it is necessary for fulfilling the obligations under treaties signed and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted principles of international laws, or for protecting biological resources. (2) Each person, who intends to export or import any of the goods, designated by the Minister of Knowledge Economy for fulfilling obligations under treaties signed and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted principles of international laws or for protecting biological resources, shall obtain approval of the Minister of Knowledge Economy: Provided, That the same shall not apply to the goods, that require immediate handling, for simplifying the process of exportation, falling under the criteria specified by Presidential Decree.

(3) Each person who intends to revise any of the important matters specified by Presidential Decree among the matters approved pursuant to paragraph (2) shall obtain approval for such revision from the Minister of Knowledge Economy, while a revision of any other minor matter requires the submission of a report to the Minister of 470 Ministry of Government Legislation

Knowledge Economy. (4) The Minister of Knowledge Economy may, if considered necessary, provide limitations on the quantity, price, and specifications of goods, subject to approval under paragraphs (1) and (2) by items and areas which such goods, may be exported to and imported from.

(5) The Minister of Knowledge Economy shall issue public notice, whenever imposing any restriction, ban, or limitation, prescribing any matter concerning approval or report, or establishing any procedure therefor pursuant to the provisions of paragraphs (1) through (4). (6) Each person who holds an export permit or an export approval issued pursuant to Article 19 or 32 shall be deemed to have obtained approval for exportation under paragraph (2).

Article 12 (Consolidated Public Notice)

(1) The head of the relevant administrative agency shall, when enacting or amending the guidelines for exportation and importation, submit the guidelines to the Minister of Knowledge Economy so that public notice on such enactment or amendment can be issued pursuant to paragraph (2) before such guidelines come into effect.

(2) The Minister of Knowledge Economy shall combine the guidelines for exportation and importation submitted pursuant to paragraph (1) to issue a consolidated public notice thereof. Article 13 (Recognition of Specific Forms of Trade.) (1) The Minister of Knowledge Economy may recognize specific forms of exportation or importation of certain goods, as specified by Presidential Decree in order to facilitate exportation or importation of such goods. (2) The Minister of Strategy and Finance shall, prescribe a means of settlement of payments for trade pursuant to acts and subordinate statutes governing transactions of foreign exchange, consult in advance with the Minister of Knowledge Economy.

Article 14 (Confirmation of goods, Eligible for Exemption from Export or Import Approval)

The Minister of Knowledge Economy shall confirm whether certain goods exported or Laws on Green Growth, and Economic Investment in Korea 471 05_LawsConcerningEconomicInvestment

imported without approval (refers to goods, falling under the main sentence of Article 11 (2)) constitute any of the goods, set forth in the proviso to Article 11 (2).

Article 15 (Establishment of Platform for Scientific Processing of Trade Affairs) (1) The Minister of Knowledge Economy shall make efforts to establish a platform for dealing with trade affairs scientifically, including the system of international trade statistics and the exchange system of electronic documents, in order to facilitate systematic and efficient exportation and importation of goods. (2) The Minister of Knowledge Economy may, if deemed necessary for establishing a platform for scientific handling of trade affairs pursuant to paragraph (1), request the heads of the relevant administrative agencies to furnish him/her with information about exportation and importation of goods, including customs records, under conditions prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall comply upon receiving such request. (3) The heads of the relevant administrative agencies may, if deemed necessary for the purposes of this Act, request the Minister of Knowledge Economy to furnish them with information about exportation and importation of goods, as compiled pursuant to paragraphs (1) and (2). In such cases, the Minister of Knowledge Economy shall comply upon such request. SECTION 2 Importations and Purchase of Raw Materials and Equipment for Earning Foreign Currencies.

Article 16 (Import Approval for Raw Materials and Equipment for Earning Foreign Currencies.)

(1) The Minister of Knowledge Economy may not apply the provisions of Article 11 (4) to goods, imported for earning foreign currencies including raw materials, machinery, and equipment (hereinafter referred to as "materials and equipment"). Provided, that the same shall not apply where it is necessary to promote the use of domestic raw materials and equipment. (2) The Minister of Knowledge Economy may specify the scope, items, and quantity of the materials and equipment under paragraph (1) to issue a public notice thereof. 472 Ministry of Government Legislation

(3) Every person who imports or entrusts the importation of any material or equipment, under paragraph (1), shall earn foreign currencies equivalent to value of the material or equipment imported: Provided, That the same shall not apply where the Minister of Knowledge Economy has approved pursuant to Article 17.

(4) The scope of foreign currencies earned pursuant to paragraph (3), the period of time for fulfilling such obligation, the method of verification, and other necessary matters shall be prescribed by Presidential Decree.

Article 17 (Use of Materials or Equipment Imported for Earning Foreign Currencies for Any Purpose other than Originally Intended Purpose) (1) A person, who wishes to use any material or equipment imported pursuant to Article 16 (1), or any goods, manufactured with such material or equipment, for any purpose other than the originally intended purpose due to any inevitable reason or cause, shall obtain approval of the Minister of Knowledge Economy for such use, under conditions prescribed by Presidential Decree: Provided, That the same shall not apply to the materials and equipment specified by Presidential Decree and the goods, etc. manufactured with such materials and equipment.

(2) When a person intends to transfer any material or equipment imported pursuant to Article 16 (1), or any goods, etc. manufactured with such material or equipment, to another person who intends to use or export such material, equipment, goods, etc. for the originally intended purpose, both the intended transferor and the intended transferee shall obtain approval of the Minister of Knowledge Economy for such transfer: Provided, That the same shall not apply to materials and equipment specified by Presidential Decree and the goods, etc. manufactured with any of such materials and equipment. (3) As to the transferors of any of the materials or equipment under paragraph (2) or any goods, etc. manufactured with such materials or equipment, the provisions of Article 16 (3) and (4) shall apply mutatis mutandis. Article 18 (Issuance of Purchase Certificate)

(1) Upon receiving an application for certification that any material or equipment is purchased for earning foreign currencies from a person who intends to purchase any Laws on Green Growth, and Economic Investment in Korea 473 05_LawsConcerningEconomicInvestment

material or equipment for earning foreign currencies in order to benefit from the application of zero-rate tax under Article 11 (1) 4 of the Value-Added Tax Act, the Minister of Knowledge Economy may issue a document certifying the intended purpose of such purchase (hereinafter referred to as "purchase certificate").

(2) As regards the person to whom a purchase certificate is issued, the Minister of Knowledge Economy shall perform follow-up management to track whether the material or equipment has been purchased for the purpose of earning foreign currencies.

(3) Necessary matters concerning the procedures for application and issuance of the purchase certificates under paragraphs (1) and (2), and the follow-up management thereof shall be prescribed by Presidential Decree. SECTION 3 Exportation and Importation of Strategic Items Article 19 (Public Notice of Strategic Items, Export Permit) (1) The Minister of Knowledge Economy shall designate and publicly notify the goods (including technology determined by Presidential Decree; hereafter the same shall apply in this Article) for which placing a restriction, such as an export permit, is required for maintaining international peace and security as well as national security, in consultation with the head of the relevant administrative agency, in accordance with the principles of the multilateral international export control system prescribed by Presidential Decree.

(2) Any person, who intends to export any of the goods designated and publicly notified pursuant to paragraph (1) (hereinafter referred to as "strategic items"), shall obtain a permit (hereinafter referred to as "export permit") from the Minister of Knowledge Economy or the head of the relevant administrative agency under conditions prescribed by Presidential Decree. (3) Any person, who intends to export any goods that do not fall within the category of any strategic items but have high potential of being appropriated for manufacturing, developing, using, or storing weapons of mass destruction or missiles as carriers of such weapons (hereinafter referred to as "weapons of mass destruction"), shall obtain a permit (hereinafter referred to as "situational permit") from the Minister of Knowledge Economy or the head of the relevant administrative agency under conditions prescribed 474 Ministry of Government Legislation

by Presidential Decree, if the person becomes aware that the importer or the end user of the goods has intent to appropriate the goods for manufacturing, developing, using, or storing weapons of mass destruction, or suspects that there is probably such intent on grounds that the case of exportation falls under any of the following subparagraphs:

1. The importer evades furnishing necessary information concerning the end use of the goods;

2. The goods to be exported have nothing to do with the field of business of the end user;

3. There is a substantial disparity in technical level between the goods to be exported and those of the importing country;

4. The end user has no career background of engaging in the field of business to which the goods are expected to be applied;

5. The end user has no expertise regarding the goods, nevertheless, insists on the exportation of the goods;

6. The end user declines any service for installing, maintaining, or training for the goods;

7. The final consignee of the goods is a transporter;

8. The terms and conditions on pricing or payment for the goods deviate from ordinary practices;

9. The delivery term for the goods is deviant from ordinary terms;

10. The transportation route for the goods deviates from ordinary routes;

11. It is not clear whether the goods will be used within the importing country or will be re-exported abroad;

12. A demand for keeping confidential the information about the goods the final destination exceeds ordinary standards;

13. Any other case which the Minister of Knowledge Economy or the head of the relevant administrative agency determines and publicly notifies that require an export permit for a prescribed period of time due to any change in international situation, the momentary occurrence of a cause or an event that causes harm to national security.

(4) The Minister of Knowledge Economy or the head of the relevant administrative agency may, upon receiving an application for an export permit or situational permit, grant such export permit or situational permit in accordance with the guidelines prescribed Laws on Green Growth, and Economic Investment in Korea 475 05_LawsConcerningEconomicInvestment

by Presidential Decree for maintaining international peace and security, national security. (5) The Minister of Knowledge Economy or the head of the relevant administrative agency may exempt exporters from an export permit or situational permit, in cases determined by Presidential Decree, including exports of public goods used for diplomatic establishments abroad. (6) The Minister of Knowledge Economy or the head of the relevant administrative agency may cancel an export permit or situational permit after granting an export permit or situational permit, in cases falling under any of the following subparagraphs:

1. When it has been discovered that permission has been granted by fraud or other wrongful means;

2. When any change occurs in the international situation, such as security situation between nations, including a war and terrorism, or movement and proliferation of weapons of mass destruction.

Article 20 (Determination of Strategic Items)

(1) Deleted.

(2) Each trader of goods may file an application for determination as to whether any goods constitute strategic items, with the Minister of Knowledge Economy or the head of the relevant administrative agency, under conditions prescribed by Presidential Decree. In such cases, the Minister of Knowledge Economy or the head of the relevant administrative agency may delegate or entrust such determination to the president of the Korea Strategic Trade Institute under Article 29 or the relevant specialized institution determined by Presidential Decree.

(3) Each trader shall keep the following documents for five years:

1. Documents concerning the determination on the cases for which an application for determination under paragraph (2) has been filed;

2. Documents concerning the export permit, situational permit or brokerage permit granted to exporters who have exported any strategic item or any goods subject to situational permit or brokers who mediated a transaction of any strategic items;

3. Other documents specified by Presidential Decree. 476 Ministry of Government Legislation

Article 21 Deleted. Article 22 (Issuance of Certificates of Purpose of Importation) Any person who desires to import a strategic item may file an application for issuance of a certificate of purpose of importation that contains certification of the purpose of importation, with the Minister of Knowledge Economy or the head of the relevant administrative agency, under conditions prescribed by Presidential Decree. In such cases, the Minister of Knowledge Economy or the head of the relevant administrative agency may issue the certificate of purpose of importation after verifying whether the details of the application for certification are true. Article 23 (Order to Halt Transportation of Strategic Items) (1) The Minister of Knowledge Economy or the head of the appropriate administrative agency may issue an order to halt transportation of a strategic item until it has been verified that the item may legally be exported, if necessary in order to prevent a strategic item or goods for which a situational permit is required (hereafter referred to as "strategic item,) from being exported without a permit or with a permit obtained by false or other fraudulent means (hereinafter referred to as "illegal exportation").

(2) Notwithstanding paragraph (1), the Minister of Knowledge Economy or the head of the appropriate administrative agency may directly halt transportation of a strategic item until it has been verified that the item may legally be exported, if there is an urgent need to halt such transportation in order to prevent illegal exportation of strategic items.

(3) Any person prescribed by Presidential Decree who intends to transport strategic items by way of a domestic port or airport, or transship such items within the territory of the Republic of Korea shall obtain permission therefor from the Minister of Knowledge Economy or the head of the appropriate administrative agency, under conditions prescribed by Presidential Decree. (4) The Minister of Knowledge Economy or the head of the appropriate administrative agency may request another administrative agency to cooperate, if he/she is inadequate to take action to halt such transportation under paragraph (2) or to grant permission for transportation of strategic items by way of a domestic port or airport or transship of such items under paragraph (3). In such cases, the administrative agency requested shall render cooperation to prevent illegal exportation of domestic or foreign strategic Laws on Green Growth, and Economic Investment in Korea 477 05_LawsConcerningEconomicInvestment

items, etc. (5) The public official who takes action to halt such transportation pursuant to paragraph (2) or (4) shall carry identification certifying his/her authority and present it to the people concerned.

(6) The period of time for and the means of an order or action to halt such transportation pursuant to paragraphs (1), (2) and (4) shall be restricted to the minimum extent necessary for preventing illegal exportation of strategic items. Article 24 (Brokerage of Strategic Items)

(1) Any national of the Republic of Korea who resides within this country (including legal entities established under domestic laws) shall, if he/she wishes to act as a broker for transfer or sale of a strategic item from a foreign country to another foreign country, obtain permission therefor from the Minister of Knowledge Economy or the head of the relevant administrative agency, under conditions prescribed by Presidential Decree: Provided, That the same shall not apply to cases determined by Presidential Decree, including the transfer or sale of a strategic item, if it is one for which an export permit has been obtained from the exporting country in accordance with the principles of the multilateral international export control system, as set forth in Article 19 (1). (2) The Minister of Knowledge Economy or the head of the relevant administrative agency may, upon receiving an application for a brokerage permit pursuant to the main sentence of paragraph (1), grant the brokerage permission in compliance with the guidelines prescribed by Presidential Decree for maintaining international peace and security as well as national security. Article 25 (Self-Compliance Traders)

(1) The Minister of Knowledge Economy may designate traders as self-compliance traders, when these traders have the abilities prescribed by Presidential Decree, including an ability to identify strategic items and an ability to analyze the identification of importers and end users, in order to improve the corporate self-controlling ability for management of strategic items. (2) The Minister of Knowledge Economy may allow traders designated as self-compliance traders, pursuant to paragraph (1) (hereafter referred to as "self-compliance traders"), to manage part of the affairs pertaining to export control over strategic items, under conditions prescribed by Presidential Decree. 2008>

(3) Self-compliance traders shall submit a report on the performance of exportation of strategic items, under their self-controlling management pursuant to paragraph (2) to the Minister of Knowledge Economy, under conditions prescribed by Presidential Decree.

(4) The Minister of Knowledge Economy may revoke the designation of a self-compliance trader, if a trader falls under any of the following subparagraphs:

1. If it has failed to maintain the abilities prescribed by Presidential Decree pursuant to paragraph (1);

2. If it has exported a strategic item intentionally or by gross negligence without an export permit under Article 19 (2);

3. If it has exported any goods intentionally or by gross negligence without a situational permit under Article 19 (3);

4. If it intentionally or by gross negligence failed to perform its duty to keep documents under Article 20 (3);

5. If it intentionally or by gross negligence acted as a broker for the transactions of any strategic item without a brokerage permit under Article 24; and

6. If it has failed to perform its duty to report under paragraph (3). Article 26 (Public Notice of Exportation and Importation of Strategic Items) The Minister of Knowledge Economy in consultation with the heads of the relevant administrative agencies shall publicly announce the guidelines related to the provisions of Articles 19 through 25.

Article 27 (Duty Not to Disclose Confidential Information) Public officials involved in the affairs pertaining to the control of exportation and importation of strategic items under this Act, executives and employees of the Korea Strategic Trade Institute under Article 29, and people involved in the affairs of determination under Article 29 (5) 1 shall not disclose a company's trade secrets known to them in the course of performing the affairs pertaining to the control of exportation and importation of strategic items without consent of the company.

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Article 28 (Establishment and Operation of Information Systems for Management of Exportation and Importation of Strategic Items) (1) The Minister of Knowledge Economy may jointly build and operate, with the heads of the relevant administrative agencies and the Korea Strategic Trade Institute under Article 29, an information system for management of exportation and importation of strategic items in order to perform the following affairs:

1. Affairs pertaining to the export permit, the situational permit, the determination under Article 20 (2), the issuance of the certificates of purpose of importation under Article 22;

2. Transactions pertaining to collection, analysis, and management of information necessary for the control of exportation and importation of strategic items. (2) Necessary matters concerning the establishment and operation of the information system for management of exportation and importation of strategic items under paragraph (1) shall be prescribed by Presidential Decree.

Article 29 (Establishment of Korea Strategic Trade Institute) (1) The Korea Strategic Trade Institute shall be established in order to efficiently support transactions pertaining to exportation and importation of strategic items as well as to transactions pertaining to the management thereof. (2) The Korea Strategic Trade Institute shall be a legal entity. (3) The Korea Strategic Trade Institute shall have executives and employees under conditions prescribed by its Articles of incorporation. (4) The Korea Strategic Trade Institute shall be duly formed upon the completion of the registration of its incorporation at the registry office having jurisdiction over its principal place of business.

(5) The Korea Strategic Trade Institute shall perform the following affairs in compliance with the Government's policy on management of strategic items:

1. Transactions pertaining to determination under the latter part of Article 20 (2);

2. Transctions pertaining to operation of the information system for management of exportation and importation of strategic items under Article 28 (1);

3. Transactions pertaining to education and training of exporters and importers of strategic items;

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4. Other transactions prescribed by Presidential Decree. (6) The president of the Korea Strategic Trade Institute may collect certain fees from a user of the Institute in connection with the transactions set forth in subparagraphs of paragraph (5), subject to approval of the Minister of Knowledge Economy.

(7) As to the Korea Strategic Trade Institute, the provisions of the Civil Act governing the incorporated foundations shall apply mutatis mutandis, except as provided for otherwise in this Act.

(8) The Government may contribute or subsidize the expenses required for the establishment and management of the Korea Strategic Trade Institute to the extent of its budget.

Article 30 (Council for Control of Exportation and Importation of Strategic Items) (1) The Minister of Knowledge Economy and the head of the relevant administrative agency may jointly organize the Council for the Control of Exportation and Importation of Strategic Items (hereafter referred to as the "Council") for consultations between ministries and agencies in relation to the control of exportation and importation of strategic items. (2) Each meeting of the Council shall be presided by the head of the administrative agency accountable for each matter on the items of the agenda to be discussed. (3) The Council may request the head of an intelligence investigative agency specified by Presidential Decree to conduct an investigation or render assistance, if necessary for any item of its agenda.

(4) Necessary matters concerning the organization and management of the Council shall be prescribed by Presidential Decree.

Article 31 (Restrictions on Exportation and Importation of Strategic Items) (1) The Minister of Knowledge Economy or the head of the relevant administrative agency may provide a restriction on exportation or importation of strategic items, in part or in whole, against a person who falls under any of the following subparagraphs for a certain period of time, which shall not more than three years:

1. A person who has exported any strategic item without an export permit under Article 19 (2);

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2. A person who has exported any goods subject to a situational permit under Article 19 (3) without such situational permit;

3. A person who has violated any of the principles of the multilateral international export control system under Article 19 (1) governing the exportation or importation of strategic items, and who is prescribed by Presidential Decree. (2) The head of the relevant administrative agency shall immediately notify the Minister of Knowledge Economy, if he/she discovers a person who falls under any of the circumstances mentioned in subparagraph of paragraph (1).

(3) The Minister of Knowledge Economy or the head of the relevant administrative agency may publicly notify the list of people against whom a restriction of exportation and importation of strategic items has been placed pursuant to paragraph (1) and the people against whom any foreign government has placed a restriction on exportation and importation of strategic items pursuant to its laws and regulations, and the details of such restriction.

SECTION 4 Exportation of Industrial Plants Article 32 (Export Promotion for Industrial Plants) (1) The Minister of Knowledge Economy may, upon receiving an application for exportation of an industrial plant (hereinafter referred to as "exportation of an industrial plant"), grant export approval under conditions prescribed by Presidential Decree if the intended exportation falls under any of the following subparagraphs. The same shall also apply to any revision to such approval:

1. Exportation of an industrial plant of some certain or larger scale prescribed by the Minister of Knowledge Economy among the machinery, equipment, and devices to be installed for management of the business of agriculture, forestry, fishery, mining, manufacturing, electricity, gas, water supply, transportation, warehousing, broadcasting, and telecommunications service and the facilities prescribed by Presidential Decree; and

2. Exportation of a comprehensive package of an industrial plant, technical services, and construction work (hereinafter referred to as "exportation on a turn-key basis"). (2) The Minister of Knowledge Economy shall consider the opinions of the heads of the 482 Ministry of Government Legislation

INDICATION OF ORIGINCHAPTER III-II

appropriate administrative agencies concerning the feasibility of the exportation of the industrial plant, if necessary for granting approval or revised approval pursuant to paragraph (1). In such cases, the heads of the appropriate administrative agencies shall, upon receiving a request to present their opinions, present their opinions to the Minister of Knowledge Economy without delay, unless any justifiable grounds exist otherwise.

(3) The Minister of Knowledge Economy shall, when granting approval or revised approval for exportation on a turn-key basis, obtain consent of the Minister of Land, Transport and Maritime Affairs in advance. (4) With regard to exportation of the service of construction and installation on a turn-key basis, the Minister of Knowledge Economy may grant approval or revised approval only for overseas construction companies under the Overseas Construction Promotion Act.

(5) The Minister of Knowledge Economy shall, when granting approval or revised approval for exportation of an industrial plant pursuant to paragraph (1), notify the heads of the appropriate administrative agencies thereof without delay.

(6) To promote exportation of industrial plants, the Minister of Knowledge Economy may pursue institutional improvement, conduct market surveys, promote information exchange, provide support for winning contracts, ensure fairness in the opportunities to win contracts, train specialized human resources, provide financial assistance, support promising companies, and support collaborative projects. In such cases, the Minister of Knowledge Economy may designate an institution or organization involved in the exportation of industrial plants to engage in such activities.

[Title amended, Apr. 5, 2010]

Article 33 (Indication of Origin of Exported or Imported Goods) (1) Any person who intends to export or import any of the goods, which the Minister of Knowledge Economy requires by a public notice to indicate their origin (hereinafter referred to as "goods requiring indication of origin") in order to establish the fair Laws on Green Growth, and Economic Investment in Korea 483 05_LawsConcerningEconomicInvestment

trade system and protect producers and consumers, shall indicate the origin of such goods.

(2) Any person who has imported goods requiring indication of origin processed by simple works as prescribed by Presidential Decree and thereby mutilates or alters the indication of origin of the goods (excluding cases where paragraph (4) applies to traders or distributors of goods) shall indicate the original origin to the goods processed by simple works. In such cases, the same shall not apply where any other Act and subordinate statute provides for any other standard for imported goods processed by simple works.

(3) The methods of indication and verification of origin under paragraphs (1) and (2), and other matters necessary for such indication shall be prescribed by Presidential Decree.

(4) No trader or distributor of goods shall commit any act falling under any of the following subparagraphs: Provided, That subparagraph 3 shall apply only to traders:

1. Falsely indicating an origin or attaching any misleading indication of origin;

2. Mutilating or altering an indication of origin; and

3. Failing to indicate the origin of goods requiring indication of origin. (5) The Minister of Knowledge Economy may inspect the imported goods and related documents as specified by Presidential Decree if he/she finds it necessary to ascertain whether there is a violation of any provisions of paragraphs (1) through (4).

(6) The Minister of Knowledge Economy may, if he/she discovers a violation in the means of indicating the origin under paragraph (3) or a violation of paragraph (2) or (4), issue an order to take corrective measures as prescribed by Presidential Decree, including measures to restore the original state, or impose a penalty not exceeding 300 million won on such offender. (7) The amount of penalties to be imposed depending upon the types and severity of offences subject to the imposition of penalties under paragraph (6), and other necessary matters shall be prescribed by Presidential Decree. (8) If a person who shall pay a penalty under paragraph (6) fails to pay such penalty by the deadline for payment, the Minister of Knowledge Economy shall collect it in accordance with the precedents for the disposition on default on national taxes.

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Article 34 (Assessment of Origin)

(1) The Minister of Knowledge Economy may assess the origin of exported or imported goods, if considered necessary. (2) Standards for the assessment of origin shall be determined and publicly notified by the Minister of Knowledge Economy in accordance with Presidential Decree.

(3) Any trader or distributor of goods may request the Minister of Knowledge Economy to assess the origin of exported or imported goods.

(4) The Minister of Knowledge Economy shall, upon receiving a request under paragraph (3), assess the origin of the goods, and notify the requesting person of the results thereof. (5) If the person to whom a notice under paragraph (4) is delivered is dissatisfied with the assessment of origin, he/she may raise an objection against the Minister of Knowledge Economy within 30 days after the notice is served.

(6) The Minister of Knowledge Economy shall, upon receiving an objection under paragraph (5), issue a notice of his/her ruling on the objection raised within 150 days after the objection is filed with him/her. (7) Necessary matters concerning procedures for the assessment of origin, including the request for assessment of origin and the raising of an objection, shall be prescribed by Presidential Decree.

Article 35 (Standards for Assessment of Origin of Goods, Domestically Produced Using Imported Materials)

(1) The Minister of Knowledge Economy may, if considered necessary for establishing the fair trade system and protecting producers and consumers, establish standards for the assessment of origin of goods, etc. produced using imported materials and distributed and sold domestically (hereafter referred to as "domestically produced goods, etc." in this Article), after consultation with the heads of the appropriate central administrative agencies: Provided, That the same shall not apply where any other Act or subordinate statute provides for any other standard for domestically produced goods, etc.

(2) The Minister of Knowledge Economy shall publicly notify the standards for the Laws on Green Growth, and Economic Investment in Korea 485 05_LawsConcerningEconomicInvestment

assessment of origin of domestically produced goods under paragraph (1), once such standards are established. Article 36 (Submission of Certificate of Origin of Imported Goods) (1) The Minister of Knowledge Economy may require any person who intends to import goods to submit a certificate of origin issued by the government of the country in which the goods originate or the country where the goods are shipped, if considered necessary for verifying their origin. (2) Matters concerning the submission and verification of certificates of origin under paragraph (1) shall be prescribed by Presidential Decree. Article 37 (Issuance of Certificate of Origin of Exported Goods) (1) Any person, or at the request of a trader of a trading partner country, who wishes to have a certificate of origin of exported goods issued to comply with any treaty signed and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted accepted principles of international laws, shall file an application for issuance of the certificate of origin with the Minister of Knowledge Economy. In such cases, the applicable fees shall be paid.

(2) The guidelines and procedure for the issuance of certificates of origin under paragraph (1), the effective period, fees, and other necessary matters for the issuance shall be prescribed by Presidential Decree.

Article 38 (Prohibition of Misrepresenting Foreign Goods as Domestic Goods) No person shall falsely indicate the country of origin of certain goods as the Republic of Korea if they are actually produced in a foreign country (including goods produced in a foreign country and then processed by simple works domestically as enumerated by Presidential Decree; the same shall apply also in subparagraph 4 of Article 53-2) or to export them or sell them in a foreign country by fabricating or altering a certificate of origin, having a certificate of origin issued with false details, or falsely indicating the origin of goods.

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LIMITATIONS ON QUANTITY OF IMPORTSCHAPTER IV

Article 39 (Measures to Restrict Quantity of Imports) (1) When the Korea Trade Commission under Article 27 of the Act on the Investigation of Unfair International Trade Practices and Remedy against Injury to Industry (hereinafter referred to as the "Korea Trade Commission") confirms as a result of its investigation that the domestic industry that produces a certain kind of goods or directly competing goods (hereafter referred to as "domestic industry") suffers, or is likely to suffer, severe damage and losses (hereafter referred to as "severe damage and losses") due to an increase in importation of specific goods of the same kind, shall recommend to the Minister of Knowledge Economy to take remedial measures for such severe damage and losses. The Minister of Knowledge Economy may take measures to impose limitations on the quantity of imports (hereinafter referred to as "limitations on the quantity of imports") to the extent necessary for preventing or curing such severe damage and losses inflicted on the domestic industry of such goods and facilitating coordination, if it is concluded as necessary for protecting domestic industry. (2) The Minister of Knowledge Economy shall examine the recommendation of the Korea Trade Commission, the necessity of protection of the relevant domestic industry, the implications in international commerce, the level of compensation, and the impact on the national economy, following the implementation of the limitations on the quantity of imports, in determining whether to take such measures to impose limitations on the quantity of imports and further details.

(3) The Government may negotiate with an interested country regarding adequate compensation for negative impacts on trade by the limitations on the quantity of imports before it implements the limitations on the quantity of imports. (4) Limitations on the quantity of imports shall apply only to the goods imported after the implementation of such limitations.

(5) The period of time for the application of the limitations on the quantity of imports shall not exceed four years.

(6) The Minister of Knowledge Economy shall issue a public notice of the goods subject to the limitations on the quantity of imports, and the period of time for the application of the limitations. Laws on Green Growth, and Economic Investment in Korea 487 05_LawsConcerningEconomicInvestment

(7) The Minister of Knowledge Economy may, if considered necessary for making a decision as to whether to take the measures to impose limitations on the quantity of imports, request the heads of the relevant administrative agencies, and interested parties to furnish him/her with related data and render cooperation as required.

(8) As regards to goods previously subjected to limitations on the quantity of imports, or the goods subject to the emergency tariffs under Article 65 of the Customs Act (hereinafter referred to as "emergency tariff") or the provisional emergency tariffs under Article 66 of the Customs Act (hereinafter referred to as "provisional emergency tariff"), the Minister of Knowledge Economy shall not enforce any further limitation on the quantity of imports before the expiration of the time period equivalent to the time period set for such previous limitations or such imposition of the emergency tariff or the provisional emergency tariff (or two years if the time period set for the application of such limitations or imposition is less than two years) beginning on the expiry date of the time period set for the application of such limitations or the imposition: Provided, That the limitations on the quantity of imports may be implemented for a time period not exceeding 180 days, only if all the requirements set forth in the following subparagraphs are satisfied:

1. One year has lapsed since the limitations on the quantity of imports were implemented or the emergency tariff or provisional emergency tariff was first imposed on the specific goods;

2. Such limitations on the quantity of imports have been implemented twice or less or such emergency tariff has been imposed twice or less during the preceding five years, counting retroactively from the date when the intended limitations on the quantity of imports are about to be implemented again. Article 40 (Extension of Limitations on Quantity of Imports) (1) The Minister of Knowledge Economy may, if there is a recommendation of the Korea Trade Commission and it is considered necessary, revise the terms and conditions of the limitations on the quantity of imports, or extend the time period for the application of the limitations. In such cases, the revision to terms and conditions of the limitations and the terms and conditions of the limitations revised during the extended time period shall be more alleviated than those of the initial limitations.

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(2) In extending the time period for the application of limitations on the quantity of imports pursuant to paragraph (1), the aggregate of the time period for the application of the limitations on the quantity of imports, the imposition of emergency tariffs or provisional emergency tariffs shall not exceed eight years. Article 41 (Enforcement of Special Limitations on Quantity of Imports against Goods from Specific Countries)

(1) When the Korea Trade Commission confirms as a result of its investigations of domestic industry that the importation of certain goods that originate from a country specified by Presidential Decree within the limit allowed by a treaty signed and promulgated pursuant to the Constitution of the Republic of Korea or any of the generally accepted principles of international laws has triggered any of the following causes or events and thus recommends to take remedial measures against such cause or event, the Minister of Knowledge Economy may take measures to impose special limitations on the quantity of imports (hereafter referred to as "special limitations on the quantity of imports") to the extent necessary for remedying or preventing damage and losses:

1. When an increase in importation of specific goods has disrupted, or is likely to disrupt the domestic market for the same kind of goods or directly competing goods;

2. When an action taken by a member state of the World Trade Organization to remedy or prevent the disruption of its domestic market against an increase in importation of specific goods has caused a serious disruption of trade and consequently the goods have been imported, or are likely to be imported, to the Republic of Korea;

3. When an increase in importation of specific goods, which are governed by the Agreement on Textiles and Clothing, has disrupted, or is likely to disrupt the domestic market, and such would impair development in the trade of the goods. (2) The Government may initiate negotiations in advance with the interested country to seek a solution before enforcing the special limitations on the quantity of imports. (3) When the Korea Trade Commission recommends provisional measures on the goods into which it has commenced an investigation as set forth in paragraph (1) 1, the Minister of Knowledge Economy may enforce provisional special limitations on the quantity of imports (hereafter referred to as "provisional special limitations on the quantity of imports") for relieving damage and losses, if it is found that irrecoverable damage and losses have been caused, or are likely to be caused, unless counter measures are taken to prevent such damage and losses that might be incurred during Laws on Green Growth, and Economic Investment in Korea 489 MAINTENANCE OF GOOD ORDER IN EXPORTATION AND IMPORTATIONCHAPTER V 05_LawsConcerningEconomicInvestment

the period for investigation. In such cases, the time period for the application of the provisional special limitations on the quantity of imports shall not exceed 200 days.

(4) The Minister of Knowledge Economy shall lift the provisional special limitations on the quantity of imports upon receiving a notice from the Korea Trade Commission that its judgment as a result of its investigations under paragraph (1) 1 is that, the domestic market has not been disrupted, or is not likely to be disrupted.

(5) The Minister of Knowledge Economy shall lift the special limitations on the quantity of imports within 30 days from the cessation of the measures pertaining to such limitations upon the termination of measures taken by any other member state of the World Trade Organization, which has triggered the special limitations on the quantity of imports enforced pursuant to paragraph (1) 2.

(6) In implementing the special limitations or the provisional special limitations on the quantity of imports, the Minister of Knowledge Economy shall issue a public notice of the goods subject to the limitations, the quantity thereof, and the applicable time period.

(7) As to the implementation of special limitations on the quantity of imports, the provisions of Articles 39 (2), (4), and (7), and 40 (1) shall apply mutatis mutandis. (8) As to the implementation of provisional special limitations on the quantity of imports, the provisions of Article 39 (2), (4), and (7) shall apply mutatis mutandis. Article 42 Deleted. Article 43 (Prohibition of Manipulation in Pricing Exported or Imported Goods) No trader shall manipulate export or import price of goods with intent to illegally conceal foreign currencies.

Article 44 (Expeditious Settlement of Trade Disputes between Traders) (1) No trader shall delay the settlement of a dispute without justifiable grounds, when a dispute arises between domestic traders and a trader in a trading partner country 490 Ministry of Government Legislation

in connection with exportation or importation of goods. (2) When a dispute set forth in paragraph (1) arises, the Minister of Knowledge Economy may request traders to present their statements on the settlement of the dispute or submit documents pertaining to the dispute.

(3) The Minister of Knowledge Economy may, upon receiving documents or considering opinions pursuant to paragraph (2), investigate the facts relevant to the dispute, if considered necessary. (4) The Minister of Knowledge Economy may initiate conciliation of a dispute or recommend the parties involved to make an arbitration agreement for the settlement of the dispute, under conditions prescribed by Presidential Decree, if considered necessary for settling the dispute under paragraph (1) in a prompt and fair manner or if the parties to the trade dispute apply.

Article 45 (Conciliation of Disputes Arising from Pre-Shipment Inspection) (1) An institution that carries out a pre-shipment inspection of goods to be exported by a company within the territory of the Republic of Korea under an agreement entered into with the government of an importing country or with an authority delegated by the government of an importing country (hereinafter referred to as "pre-shipment inspection institution") shall abide by the World Trade Organization's Pre-shipment Inspection Agreement. In such cases, no pre-shipment inspection institution shall carry out the pre-shipment inspection in a manner to place a trade barrier that impedes exportation by companies.

(2) When a dispute arises between an exporter and a pre-shipment inspection institution in connection with pre-shipment inspections, the Minister of Knowledge Economy may initiate conciliation to settle such dispute.

(3) An independent arbitrative institution may be established for arbitration as required for the settlement of disputes under paragraph (2) under conditions prescribed by Presidential Decree.

Article 46 (Order of Coordination)

(1) The Minister of Knowledge Economy may order traders to coordinate in adjusting the price, quantity, quality, and other terms and conditions, the business territory of Laws on Green Growth, and Economic Investment in Korea 491 05_LawsConcerningEconomicInvestment

exported goods, if any of the following causes or events occurs:

1. When it is necessary for the fulfillment of the obligations under treaties signed and promulgated pursuant to the Constitution of the Republic of Korea and generally accepted principles of international laws;

2. When the transaction at issue violates any relevant law of the Republic of Korea or the trading partner country;

3. When it is likely to undermine fair competition in exportation of goods, or when it is necessary for preventing an act of undermining the credibility in the international market, as set forth in any of the following items: (a) When a trader excludes other traders unfairly in connection with exportation of goods;

(b) When a trader unfairly induces or coerces a trading partner of another trader to discontinue transactions with the other trader in connection with the exportation of goods;

(c) When a trader unfairly interferes with overseas business activities of another trader in connection with exportation of goods.

(2) The Minister of Knowledge Economy shall consider the following matters in issuing an order of coordination pursuant to paragraph (1):

1. To contribute to the stabilization of the basis for exportation, or the development of new products or new overseas markets;

2. To cause no infringement of or discrimination against other traders' rights and interests;

3. To ensure not to exceed the extent necessary for the purpose of maintaining good order in the exportation and importation of goods. (3) Necessary matters concerning the procedures. for issuing the orders of coordination under paragraph (1) shall be prescribed by Presidential Decree. (4) The Minister of Knowledge Economy may not grant approval under Article 11 (2), or require the head of an agency concerned to cease the proceedings for approval, if considered necessary for issuing an order of coordination pursuant to paragraph (1).

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SUPPLEMENTARY PROVISIONSCHAPTER VI

Article 47 (Hearing)

The Minister of Knowledge Economy or the head of the relevant administrative agency shall hold a hearing, whenever he/she intends to make a disposition set forth in any of the following subparagraphs:

1. Revocation of an export permit or situational permit under Article 19 (6);

2. Issuance of an order of coordination under Article 46 (1). Article 48 (Report, Inspection)

(1) The Minister of Knowledge Economy or the head of the relevant administrative agency may order a person who holds an export permit or situational permit for the goods subject to a restriction or ban on exportation pursuant to subparagraph 4 of Article 5, strategic items, or goods pursuant to Article 19 (3) or a person who exports, or tried to export, such goods, without an export permit or situational permit, to submit a report or data on the following matters:

1. The importing country;

2. The name, address, business area, main clients, and purpose of use of the importer, end user, or the authority of the delegated person by the importer or end user;

3. Related data, including tax payment certificates issued by person in authority of the importing country and publications to verify the identity of the importer, end user, or the authority of the delegated person by the importer or end user;

4. Other matters prescribed and publicly notified by the Minister of Knowledge Economy, including the means of transportation, the country to which the goods are to be transshipped, and the means of payment. (2) The Minister of Knowledge Economy or the head of the relevant administrative agency may assign public officials under his/her control to inspect accounting books, documents, or any other stuffs at the office, place of business, factory, or warehouse of the person specified in paragraph (1).

(3) Any public official who carries out an inspection under paragraph (2) shall present identification showing his/her authority to the people concerned. Laws on Green Growth, and Economic Investment in Korea 493 05_LawsConcerningEconomicInvestment

Article 49 (Order to Take Training Course)

The Minister of Knowledge Economy or the head of the relevant administrative agency may issue an order to a person who falls under any of the following subparagraphs, under conditions prescribed by Presidential Decree to take a training course:

1. Any person who has exported goods without receiving an export permit or situational permit;

2. Any person who has received an export permit or situational permit by fraud or other wrongful means.

[This Article Wholly Amended by Act No. 9630, Apr. 22, 2009] Article 50 (Relation to Monopoly Regulation and Fair Trade Act) (1) As to the execution an order of coordination issued by the Minister of Knowledge Economy pursuant to Article 46, the Monopoly Regulation and Fair Trade Act shall not apply. (2) The Minister of Knowledge Economy shall consult with the Korea Fair Trade Commission in advance, if his/her order of coordination under Article 46 has the effect of restraining competition in the domestic market and between business operators under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act.

Article 51 (Relation to National Security Act)

As to the exportation and importation of goods under this Act, the National Security Act shall not apply as long as such activities in the course of execution of business affairs are considered fair and just.

Article 52 (Delegation and Entrustment of Authority) (1) The Minister of Knowledge Economy may delegate part of his/her authority under this Act to the head of agencies under his/her control or the Mayors/Do Governors, under conditions prescribed by Presidential Decree, or entrust it to the heads of relevant administrative agencies, the heads of customs offices, the Governor of the Bank of Korea, President of the Export-Import Bank of Korea, the heads of foreign exchange banks, and legal entities and organizations specified by Presidential Decree.

(2) The Minister of Knowledge Economy shall direct or supervise those to whom his/her 494 Ministry of Government Legislation

PENAL PROVISIONSCHAPTER VII

authority has been delegated or entrusted in relation to the business affairs delegated or entrusted pursuant to paragraph (1). (3) The Minister of Knowledge Economy may request any person to whom his/her authority has been delegated or entrusted to furnish him/her with necessary data in relation to the business affairs delegated or entrusted pursuant to paragraph (1).

Article 53 (Penal Provisions)

(1) Anyone who commits a violation under any of the following subparagraphs to facilitate international proliferation of strategic items shall be punished by imprisonment for not more than seven years or a fine not exceeding five times the value of exported or mediated goods:

1. Exporting strategic items without an export permit under Article 19 (2);

2. Exporting any goods without a situational permit under Article 19 (3); or

3. Brokering a transaction of a strategic item without a brokerage permit under Article 24. (2) Anyone who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding three times the value of exported or imported goods:

1. Any person who has violated a restriction or ban on exportation or importation under any subparagraph of Article 5;

2. Any person who has exported a strategic item without an export permit under Article 19 (2);

3. Any person who has obtained an export permit under Article 19 (2) by false or other fraudulent means;

4. Any person who has exported any goods without a situational permit under Article 19 (3);

5. Any person who has obtained a situational permit under Article 19 (3) by false or other fraudulent means;

6. Any person who has brokered strategic items without a brokerage permit under Article 24;

7. Any person who has obtained a brokerage permit under Article 24 by false or Laws on Green Growth, and Economic Investment in Korea 495 05_LawsConcerningEconomicInvestment

other fraudulent means;

8. Deleted;

9. Any person who has manipulated the export or import price of any goods in violation of Article 43; or

10. Any person who has violated an order of coordination under Article 46 (1). Article 53-2 (Penal Provisions)

Anyone who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years and/or by a fine not exceeding 100 million won:

1. Any trader or distributor of goods who has violated Article 33 (4) 1 or 2;

2. Any trader who has failed to indicate the origin on goods requiring indication of origin in violation of Article 33 (4) 3;

3. Any person who has violated an order to take corrective measures under Article 33 (6); or

4. Any person who has misrepresented foreign goods as domestic goods in violation of Article 38.

[This Article Newly Inserted, Apr. 5, 2010]

Article 54 (Penal Provisions)

Anyone who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

1. Any person who has provided or divulged the confidential corporate information which he/she has acquired in the performance of his/her duties to other persons, or used such information for any other purpose in violation of Article 9 (2);

2. Any person who has exported or imported goods without obtaining approval or revised approval under Article 11 (2) or (3);

3. Any person who has exported or imported any goods by obtaining approval or revised approval under Article 11 (2) or (3) or being exempted from such approval or revised approval by false or other fraudulent means;

4. Any person who has failed to fulfill his/her duty to earn the foreign currencies equivalent to the value of his/her imports as provided for in the main clause of Article 16 (3) (including cases applied mutatis mutandis in Article 17 (3)); 496 Ministry of Government Legislation

5. Any person who has used any material or equipment, or any goods manufactured with such material or equipment for any purpose other than its originally intended purpose without approval obtained under the main clauses of Article 17 (1);

6. Any person who has transferred any material or equipment, or any goods manufactured with such material or equipment to another person without approval under Article 17 (2);

7. Any person who has breached his/her duty to not disclose confidential information under Article 27;

8. Any person who has obtained approval or revised approval under Article 32 by false or other fraudulent means;

9. Deleted;

10. Deleted;

11. Deleted. Article 55 (Attempted Offences)

An attempt to commit any offence set forth in Article 53 (1), or (2) 2, 4, or 6, or subparagraph 1, 2, or 4 of Article 53-2 shall be treated as the completion of the intended offense for the purpose of punishment. Article 56 (Negligence)

Any person who commits any offence that falls under subparagraph 1 or 2 of Article 53-2 by gross negligence shall be punished by a fine not exceeding 20 million won. Article 57 (Joint Penal Provisions)

If any representative of a legal entity, or any agent, employee, or any other employed person of a legal entity or an individual commits any offense in violation of any provisions of Articles 53, 53-2, 54 through 56 in relation to business of the legal entity or the individual, both the offender and the legal entity or the individual shall be punished by the fine prescribed in the appropriate Article: Provided, That the same shall not apply to cases where the legal entity or the individual has not neglected to exercise due care or to adequately supervise the relevant tasks so as to prevent such violations.

[This Article Wholly Amended, 2008.12.26]

Laws on Green Growth, and Economic Investment in Korea 497 05_LawsConcerningEconomicInvestment

Article 58 (Legal Fiction for Treatment as Public Officials in Application of Penal Provisions)

For the purposes of the application of the penal provisions of Articles 129 through 132 of the Criminal Act, the executives and employees of the Korea Strategic Trade Institute, who carry out any of the business affairs set forth in Article 29 (5), the executives and employees of the Bank of Korea, the Export-Import Bank of Korea, foreign exchange banks, who engage in any of the business affairs entrusted by the Minister of Knowledge Economy pursuant to Article 52, and the executives and employees of other legal entities and organizations specified by Presidential Decree shall be treated as public officials. Article 59 (Fine for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 20 million won:

1. Any person who has failed to submit any relevant document in violation of Article 44 (2);

2. Any person who has rejected, obstructed, or evaded an investigation into facts under Article 44 (3);

3. Any person who has failed to submit a report or data under Article 48 (1), or has submitted a false report or data; or

4. Any person who has rejected, obstructed, or evaded an inspection under Article 48 (2). (2) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 10 million won:

1. Any person who has breached his/her duty to keep documents in accordance with Article 20 (3);

2. Any trader or distributer who has distributed any goods for sale without an indication of origin under Article 33 (1) when he/she imports such goods, which shall bear an indication of origin, and trades them after dividing, re-packaging, or having them processed by simple works or trades them at piece-rates or in bulk;

3. Any person who has rejected, obstructed, or evaded an inspection under Article 33 (4); or

4. Any person who has failed to carry out an order to take a training course under Article 49.

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(3) Fine for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Knowledge Economy or the head of the appropriate administrative agency under conditions prescribed by Presidential Decree.

(4) Through (6) Deleted.

ADDENDA

(1) (Effective Date) This Act shall take effect six months after the date of its promulgation. (2) (Transitional Measure) Acts committed before this Act takes effect shall be treated according to the former provisions in applying penal provisions.