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Laws of the Republic of Korea |
Amended by Act No. 8863, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Act is to contribute to the development of the national economy by providing for matters relating to the creation and development of a financial hub to strengthen the competitiveness of financial industry as well as to ensure the advancement of financial market.
Article 2 (Definitions)
As used in this Act: 1. The term "financial hub" means a hub of domestic and international financial
transactions in which many financial institutions
can raise, make transactions and
manage funds, as well as making other financial transactions;
2. The term "Korean financial institution" means any entity falling under any of the
following subparagraphs:
(a) An institution referred to in any of subparagraphs 1 through 14 of Article 38 of
the Act on the Establishment, etc. of Financial
Services Commission; and
(b) An entity engaging in financial business or finance-related affairs in the Republic
of Korea as provided
by Presidential Decree; and
3. The term "foreign financial institution" means any entity established under Acts and
subordinate statutes of a foreign country
and engaged in the financial business therein.
Article 3 (Basic Responsibilities of State)
(1) The State shall establish and implement policies for the creation and development
of a financial hub.
(2) The Government shall submit to the National Assembly an annual report on policies
THE CREATION AND
DEVELOPMENT OF
FINANCIAL HUBS ACT
856 Ministry of Government Legislation
and trends with respect to the creation and development of a financial hub prior to
the commencement of an ordinary session of the
National Assembly.
Article 4 (Relationship to Other Acts)
Except as otherwise provided in other Acts, the creation and development of a financial
hub shall be governed by this Act.
Article 5 (Formulation, etc. of Basic Plan)
(1) In order to promote the creation and development of a financial hub, the Financial
Services Commission shall formulate and implement
a basic plan for such creation
and development (hereinafter referred to as the "basic plan") every three years.
(2) The basic plan shall include the following matters:
1. Fundamental directions and objectives of policies on the creation and development
of a financial hub;
2. Improvement of systems, acts and statutes related to foreign exchange and any
other finance;
3. Support for and promotion of the financial market for the creation and development
of a financial hub;
4. Improvement of finance-related control and financial supervision systems for the
creation and development of a financial hub;
5. International cooperation for the creation and development of a financial hub;
6. Improvement of management and life environment for the creation and development
of a financial hub;
7. Development of and support for the specialized finance carrying on financial
business in the specific field by using the characteristic
and condition of foreign
financial market;
8. Development of and support for information and communication systems related
to the financial business;
9. Training of experts in finance;
10. Integration of financial institutions and vitalization of the financial business;
11. Improvement of tax systems related to finance; and
12. Other matters necessary for the creation and development of a financial hub.
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Korea 857
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(3) The Financial Services Commission shall confirm the basic plan after deliberation
by the Financial Hubs Establishment Committee
established under Article 6.
(4) The Financial Services Commission may, if necessary for the formulation of the basic
plan, request the proper administrative
agencies, education or research institutions
related to finance or other corporations or organizations to submit necessary materials.
(5) The Financial Services Commission may, if deemed necessary for the integration of
financial institutions and vitalization of
financial business, designate many areas as
financial hub.
Article 6 (Financial Hubs Establishment Committee)
(1) Under the Financial Services Commission, the Financial Hubs Establishment
Committee (hereinafter referred to as the "Committee") shall be established to
deliberate on the following matters: 1. Formulation and modification of the basic plan;
2. Establishment of major policies on the creation and development of a financial
hub;
3. Coordination of opinions of the administrative agencies concerned on the creation
and development of a financial hub;
4. Examination of implementation situation of policies related to the creation and
development of a financial hub;
5. Review on status of treatment of matters relating to the improvement of management
environment reported under Article 13 (3),
and examination of performance and
improvements of Acts and subordinate statutes and systems; and
6. Other matters necessary for the creation and development of a financial hub which
are provided for by Presidential Decree.
(2) The Committee shall be composed of not more than thirty members, including one
Chairperson.
(3) The chairperson of the Committee shall be the chairperson of the Financial Services
Commission, and the members shall be the
following persons:
858 Ministry of Government Legislation
1. Persons who have much knowledge and experience in finance and are commissioned
by the Financial Services Commission (hereinafter
referred to as "commissioned
members");
2. Vice ministers of the relevant administrative agencies provided for by Presidential
Decree or other officials equivalent thereto;
and
3. Heads of finance-related institutions provided for by Presidential Decree.
(4) The number of members referred to in each subparagraph
of paragraph (3) shall not
exceed ten.
(5) Commissioned members shall hold office for a term of two years and may be
commissioned consecutively.
(6) Other matters necessary for the composition and operation of the Committee shall
be provided for by Presidential Decree.
Article 7 (Enhancement of Transparency in Financial Market)
The Government shall repeal unnecessary financial regulations and restrain
the
establishment of inefficient financial regulations in order to vitalize the financial market.
Article 8 (Promotion of Competition)
The Government shall endeavor to establish efficient and competitive systems on the
financial market, as well as to create a fair
and competitive environment.
Article 9 (Promotion of Financial Reform)
The Government shall promote financial reform, such as the launch of new financial
products based on creative idea and growth in
sales, to enhance the productivity of financial
institutions through management improvement.
Article 10 (Training of Experts in Finance)
(1) The Government shall formulate and implement policies for the training of experts
in finance in order to develop human resources
necessary for the creation and
development of a financial hub.
(2) The Financial Services Commission shall make and publish an annual report on the
status and prospect of supply and demand of
experts in finance. Provided, That it
may entrust such creation and publication to specialized institutions or organizations
in
accordance with Presidential Decree.
(3) In order to train experts in finance, the Financial Services Commission may designate
universities, research institutes, or
other finance-related institutions or organizations
as training institutions for experts in finance and have them conduct education
and
training.
Article 11 (Support for International Exchange and Cooperation)
(1) In order to prepare and develop a financial hub, the Government
shall formulate the
following international exchange and cooperation promotion methods:
1. Survey of international trends related to the creation and development of a financial
hub;
2. Cooperation with international organizations related to finance and foreign governments
in finance-related affairs;
3. Exchange of financial personnel between a domestic enterprise, university, research
institute, institution or organization (hereinafter
referred to as "enterprises.") and
a foreign enterprise;
4. Establishment of international cooperation systems to promote the export of technology
and equipment related to payment and settlement
affairs, securities deposit and
storage affairs or other financial affairs; and
5. Other projects necessary for the promotion of international exchange and cooperation.
(2) If domestic enterprises implement projects
falling within paragraph (1) 1 and 3 through
5, the Government may provide support necessary therefor.
Article 12 (Support for
Mutual Relocation of Domestic and Foreign Financial
Institutions)
The Government shall establish and implement policies on the following matters for the
creation and development of a financial hub:
1. Improvement of situation for the relocation of domestic financial institutions into foreign
countries;
2. Improvement of situation for the relocation of foreign financial institutions into the
Republic of Korea;
3. Expansion of financial transactions between domestic and foreign financial institutions; and
860 Ministry of Government Legislation
4. Improvement of situation necessary for the internationalization of the financial industry.
Article 13 (Financial Hub Support Center)
(1) Any institution or organization provided for by Presidential Decree, taking into account
the specialty of finance-related affairs,
shall have a financial hub support center to
perform the following duties comprehensively:
1. Support the relocation of domestic financial institutions into foreign countries;
2. Support the relocation of foreign financial institutions into the Republic of Korea;
and
3. Manage matters for the improvement of business environment related affairs
conducted by financial businesses in the Republic of
Korea, including domestic
and foreign financial institutions.
(2) The head of a financial hub support center may, if necessary to perform duties referred
to in paragraph (1) 3, request the proper
administrative agencies, corporations or
organizations to provide necessary assistance. If the relevant administrative agencies,
corporations or organizations fail to comply with such request, they shall notify the
head of the financial hub support center
of the reasons therefor.
(3) The head of a financial hub support center shall report the status on treatment of
matters relating
to the improvement of business environment under paragraph (1) 3
and performance to the Committee.
In such case, he/she may, if it is necessary to improve Acts and related statutes and
systems in connection with such treatment,
include the methods for improvement in
such report.
(4) The Financial Services Commission may provide the expenses necessary for the
establishment and operation of a financial hub
support center, to such an extent as
its budget permits.
Article 1 (Enforcement Date)
This Act shall take effect on the date of its promulgation.
Articles 2 through 5 Omitted.
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