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Selected Statutes of the Republic of Korea |
제20편 재정․경제일반 공공자금관리기금법
PUBLIC CAPITAL MANAGEMENT FUND ACT
Act No. 4677, Dec. 31,1993
Amended by Act No. 5170, Dec. 12,1996
Act No. 5416, Dec. 13,1997
Act No. 5696, Jan. 29,1999
Act No. 5982, May 24,1999
Act No. 6062, Dec. 28,1999
Act No. 6079, Dec. 31,1999
Act No. 6124, Jan. 12,2000
Act No. 6400, Jan. 29,2001
Act No. 6836, Dec. 30,2002
Act No. 7028, Dec. 31,2003
Act No. 7347, Jan. 27,2005
Act No. 8050, Oct. 4,2006
Act No. 8135, Dec. 30,2006
Act No. 8852, Feb. 29,2008
Article 1 (Purpose)
The purpose of this Act is to establish a public capital management fund in order to integrate and manage surplus funds, etc., to
utilize them for
public purposes, such as treasury loans, etc. and to efficiently manage
the issuance, repayment, etc. of State bonds, and to prescribe necessary matters for the management and operation thereof. <AmendedbyActNo.5170,
Dec.12,1996;ActNo.6062,Dec.28,1999;ActNo.6079,Dec.31,1999;ActNo.8135, Dec. 30, 2006>
Article 1-2 (Definitions)
For the purposes of this Act:
1. The term “loan” means lending of funds by the Government for the purpose of improving national welfare and providing support
for major
industries;
2. The term “treasury loan fund” means funds introduced by the Government as a borrower in accordance with a public loan agreement
entered into
with an international economic cooperation organization, foreign
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PUBLIC CAPITAL MANAGEMENT FUND ACT
government or foreign corporation (hereinafter referred to as “public
loan agreement”), and funds generated from the management thereof.
[This Article Newly InsertedbyAct No. 8135, Dec. 30, 2006]
Article 2 (Establishment of Fund)
The Government shall establish a public capital management fund in order to secure and provide necessary funds for public purposes,
such as treasury
loans, etc. and to efficiently manage the issuance, repayment, etc. of State bonds (hereinafter referred to as “Management Fund”).
<AmendedbyActNo.
5170, Dec. 12, 1996; ActNo. 6079, Dec. 31, 1999>
Article 2-2 (Classification of Accounts of Management Fund)
The Management Fund shall be sub-divided into an omnibus account, treasury loan account, and loan account.
[This Article Newly InsertedbyAct No. 8135, Dec. 30, 2006]
Article 3 (Resources and Use of Omnibus Account)
(1) The resources of the omnibus account shall be as follows:
1. Funds deposited pursuant to Article 6 or transferred from other accounts of the Management Fund (hereinafter referred to as “deposit
received”);
2. Money transferred from other accounts and funds or other accounts
of the Management Fund;
3. Contributions form general accounting;
4. Proceeds of principal and interest of funds transferred to other accounts
and funds or other accounts of the Management Fund (hereinafter referred to as “deposit”);
5. Proceeds of principal and interest of securities, including State bonds,
municipal bonds or bonds issued in accordance with a special Act by a corporation established under the relevant special Act (hereinafter
referred to as “State and municipal bonds”);
6. Proceeds of the issuance of State bonds;
7. Budget surplus;
8. Revenues of commissions from bearing guarantee obligations under
the provisions of Article 92 of the National Finance Act (hereinafter referred to as “guarantee obligation”);
9. Claims as a result of the exercise of indemnity right to guarantee
obligation, if fulfilled;
10. Other management profit of the omnibus account.
(2) The omnibus account shall be managed for the purposes under the
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제20편 재정․경제일반 공공자금관리기금법
following subparagraphs:
1. Deposit to other accounts or funds;
2. Deposit to other accounts of the Management Fund;
3. Transfer to other accounts of the Management Fund;
4. Acquisition or purchase of securities, including State or municipal bonds, etc.;
5. Repayment of principal and interest of State bonds;
6. Repayment of principal and interest on deposits received;
7. Fulfillment of guarantee obligation;
8. Expenses incurred by the management of State bonds;
9. Other purposes prescribed by Presidential Decree as necessary to create, operate or manage omnibus accounts.
[This Article WhollyAmended byAct No. 8135, Dec. 30, 2006]
Article 4 (Resources and Use of Treasury Loan Account)
(1) The resources of the treasury loan account shall be as follows:
1. Deposits received (excluding funds deposited pursuant to Article 6;
hereafter the same shall apply in this Article);
2. Money transferred from general accounting or other accounts of the
Management Fund;
3. Proceeds of principal and interest of counterpart funds;
4. Proceeds of principal and interest on amount loaned;
5. Proceeds of principal and interest of deposits (limited to deposits to other accounts of the Management Fund, but including deposits
received
from other accounts or other funds by the treasury loan account under
the former Act on the Special Accounts for Treasury Loans on and before
December 31, 2006);
6. Proceeds of principal and interest of State or municipal bonds (limited
to those held in the treasury loan account under the former Act on the Special Accounts for Treasury Loans on and after December
31,
2006);
7. Other management profits of the treasury loan account.
(2) The treasury loan account shall be managed for the purposes under the following subparagraphs:
1. Treasury loans for projects subject to treasury loans;
2. Repayment of principal and interest of deposit received;
3. Deposit to other accounts of the Management Fund;
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PUBLIC CAPITAL MANAGEMENT FUND ACT
4. Transfer to other accounts of the Management Fund;
5. A variety of expenses necessary for the management of the treasury loan account.
[This Article WhollyAmended byAct No. 8135, Dec. 30, 2006]
Article 5 (Resources and Use of Loan Account)
(1) The resources of the loan account shall be as follows:
1. Treasury loan funds;
2. Deposits received (excluding funds deposited pursuant to the provisions of Article 6; hereafter the same shall apply in this
Article);
3. Money transferred from other accounts of the Management Fund;
4. Proceeds of principal and interest on deposits;
5. Other management profits of the loan account.
(2) The loan account shall be managed for the purposes under the following subparagraphs:
1. Repayment of principal and interest on treasury loans (including various
charges);
2. Deposits into other accounts of the Management Fund;
3. Transfers to other accounts of the Management Fund;
4. Repayment of principal and interest of deposit received;
5. Other expenses necessary for the management of the loan account.
[This Article WhollyAmended byAct No. 8135, Dec. 30, 2006]
Article 5-2 (Management of Treasury Loan Fund)
(1) The treasury loan fund shall be managed in accordance with a public loan agreement.
(2) The scope of money deposited into other accounts of the Management
Fund from the loan account shall not exceed the amount calculated by subtracting, from the estimated amount of revenues of every
business year,
estimated amount of repayment of principal and interest and expenses necessary for the management of the relevant funds.
[This Article Newly InsertedbyAct No. 8315, Dec. 30, 2006]
Article 6 (Deposit to Management Fund)
(1) Each manager of an account, deposit, accounting or fund falling under any of the following subparagraphs (hereinafter referred
to as “funds, etc.”)
may deposit surplus funds to the Management Fund, notwithstanding the provisions of Acts related to the establishment of the relevant
funds, etc.:
1. Account for management of national funds under the provisions of Article
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제20편 재정․경제일반 공공자금관리기금법
34 (6) of the Management of the National Funds Act;
2. Postal savings under the Postal Savings and Insurance Act;
3. Special accounting;
4. Funds under the provisions of Article 5 of the National Finance Act. (2) The Minister of Strategy and Finance may request that
each manager
of funds, etc. deposit surplus funds to the Management Fund. <Amended
byAct No. 8852, Feb. 29, 2008>
(3) The grounds that the Minister of Strategy and Finance may request
any manager of funds, etc. to deposit pursuant to the provisions of paragraph
(2) and the scope of funds, etc. shall be prescribed by Presidential Decree.
<Amended byAct No. 8852, Feb. 29, 2008> [This Article WhollyAmended byAct No. 8315, Dec. 30, 2006]
Article 7 (Term of Deposits and Interest Rate, etc.)
(1) The term of deposit received shall not be less than one month. <Amended
byAct No. 6079, Dec. 31, 1999;Act No. 8135, Dec. 30, 2006>
(2) With respect to deposits received, interest shall, in principle, be paid
at the rate prescribed by the Committee for Management of Public Capital
Management Fund under Article 10, base on the level of the interest rates
of State or municipal bonds issued at the market interest rate on a open market, return on the management of financial assets, etc.
of the funds,
etc.: Provided, That the Committee for Management of Public Capital
Management Fund may specify separate interest rate for deposit received,
taking into account the characteristics of the funds, etc. and soundness of the Management Fund. <AmendedbyAct No. 8135, Dec. 30, 2006>
(3) If money deposited by funds, etc. is repaid pursuant to the request for repayment under the provisions of Article 15 before the
expiration of
the term of deposit, with respect to the amount for such early repayment,
interest may be paid at a rate lower than that prescribed in paragraph
(2), as prescribed by the Committee for Management of Public Capital
Management Fund. <Amended byAct No. 8135, Dec. 30, 2006>
Article 8 (Management and Operation of Management Fund)
(1) The Management Fund shall be managed and operated by the Minister of Strategy and Finance. <AmendedbyActNo.5416,Dec.13,1997;ActNo.5696,
Jan. 29, 1999;Act No. 8852, Feb. 29, 2008>
(2) The Minister of Strategy and Finance may entrust administrative affairs
for the management and operation of the Management Fund to the Governor
of the Bank of Korea, as prescribed by Presidential Decree. <Amendedby
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PUBLIC CAPITAL MANAGEMENT FUND ACT
ActNo.5416,Dec.13,1997;ActNo.5696,Jan.29,1999;ActNo.8852,Feb.29,2008>
(3) The Minister of Strategy and Finance may, when any surplus fund
incurs in the course of operating the Management Fund, purchase securities, including State or municipal bonds, etc., deposit in a
financial institution
or lend it to a financial institution. <AmendedbyActNo.5416,Dec.13,1997;
Act No. 5696, Jan. 29, 1999; ActNo. 8852, Feb. 29, 2008>
(4) Necessary matters on the management and operation of the Management
Fund or each account thereof shall be prescribed by Presidential Decree.
<Amended byAct No. 8135, Dec. 30, 2006>
Article 9 (Plan for Managing Management Fund)
(1) The Minister of Strategy and Finance shall establish a plan for managing the Management Fund pursuant to the provisions of Article
66 of the National
Finance Act for each fiscal year. <AmendedbyActNo.5416,Dec.13,1997;Act
No. 5696, Jan. 29, 1999;Act No. 8050, Oct. 4, 2006;Act No. 8852, Feb. 29, 2008> (2) The Minister of Strategy and Finance shall, when establishing a plan for managing the Management Fund under the provisions of paragraph
(1), hear opinions from managers of funds, etc. and other related parties.
<AmendedbyActNo.5416,Dec.13,1997;ActNo.5696,Jan.29,1999;ActNo.8852, Feb. 29, 2008>
(3) Deleted. <by ActNo. 8135, Dec. 30, 2006>
(4) The Minister of Strategy and Finance may request that any manager of funds, etc. to submit data related to the current status
of the management
of surplus funds, if necessary for the establishment of the plan for managing the Management Fund. <AmendedbyActNo.5416,Dec.13,1997;ActNo.5696,
Jan. 29, 1999;Act No. 8135, Dec. 30, 2006; ActNo. 8852, Feb. 29, 2008>
(5) The head of a central agency managing accounting or fund intended
to receive a deposit from the Management Fund shall submit a request
for deposit for the next fiscal year to the Minister of Strategy and Finance, by not later than May 31, each year. <NewlyInsertedbyActNo.6079,Dec.31,
1999; ActNo. 8135, Dec. 30, 2006;Act No. 8852, Feb. 29, 2008>
(6) The head of a central agency intending to execute a project by borrowing
loans from the treasury loan account of the Management Fund shall file
an application for loan for the next fiscal year with the Minister of Strategy and Finance by not later than March 31, every year.
<NewlyInsertedbyAct
No. 8135, Dec. 30, 2006;Act No. 8852, Feb. 29, 2008>
(7) The Minister of Strategy and Finance shall reflect an application for
loan submitted pursuant to the provisions of paragraph (6) to a management
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제20편 재정․경제일반 공공자금관리기금법
plan for treasury loan account under the plan for managing the Management
Fund for the next fiscal year. <Amended byAct No. 8852, Feb. 29, 2008>
Article 10 (Establishment of Committee for Management of Public Capital
Management Fund)
(1) The Committee for Management of Public Capital Management Fund (hereinafter referred to as the “Committee”) shall be established
to deliberate on, or resolve, the matters under the following subparagraphs for the purpose
of the management and operation of the Management Fund: <Amendedby
ActNo.5416,Dec.13,1997;ActNo.6079,Dec.31,1999;ActNo.8135,Dec.30,2006>
1. Major policies on the management and operation of the Management
Fund;
2. Establishment and amendment (limited to amendments to the amount of expenditure on the matters under Articles 3 (2) 1 and 4 and
4 (2)
1) of the plan for managing the Management Fund;
3. Deleted; <byAct No. 8135, Dec. 30, 2006>
4. Statement of settlement of accounts of the Management Fund;
5. Determination of the interest rate and term of deposit received or deposit money or the changes thereon;
5-2. Determination on the interest rate and term of amount of loans or
the changes therein;
6. Others referred by the Chairperson of the Committee as deemed necessary.
(2) The Committee shall be comprised of 15 members, including one
Chairperson. <Amended by ActNo. 5416, Dec. 13, 1997>
(3) The Minister of Strategy and Finance shall be the Chairperson and
the members shall be the persons under the following subparagraphs:
<AmendedbyActNo.6079,Dec.31,1999;ActNo.6400,Jan.29,2001;ActNo.8852, Feb. 29, 2008>
1. The Minister of Education, Science and Technology;
2. The Minister of Public Administration and Security;
3. The Minister of Culture, Sports and Tourism;
4. The Minister for Food, Agriculture, Forestry and Fisheries;
5. The Minister of Knowledge Economy;
6. The Minister for Health, Welfare and Family Affairs;
7. The Minister of Labor;
8. The Minister of Land, Transport and Maritime Affairs;
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PUBLIC CAPITAL MANAGEMENT FUND ACT
9. The Governor of the Bank of Korea;
10. Others commissioned by the head of a central administrative agency prescribed by Presidential Decree and the Chairperson.
(4) Other matters necessary for the composition and operation of the
Committee shall be prescribed by Presidential Decree.
Article 11 Deleted. <byAct No. 8135, Dec. 30, 2006>
Article 12 (Establishment of Fund Account)
The Minister of Strategy and Finance shall establish the account for the Management Fund at the Bank of Korea in order to clarify revenues and expenditures of the Management Fund. <AmendedbyActNo.5416,Dec.13,1997;
Act No. 5696, Jan. 29, 1999; ActNo. 8852, Feb. 29, 2008>
Article 13 (Accounting Authorities of Management Fund)
(1) The Minister of Strategy and Finance shall appoint a fund revenue collector, a fund treasurer, a fund disbursement officer,
and a fund
cashier-officer, from among officials under his/her control, in order to assign them to conduct administrative affairs related to
revenues and expenditures
of the Management Fund. <AmendedbyActNo.5416,Dec.13,1997,ActNo.5696,
Jan. 29, 1999;Act No. 6836, Dec. 30, 2002; ActNo. 8852, Feb. 29, 2008>
(2) The Minister of Strategy and Finance may, when entrusting the Governor
of the Bank of Korea with operation and management of the Management
Fund pursuant to the provisions of Article 8 (2), appoint a Deputy Governor in charge of revenues of the Fund and a Deputy Governor
in charge of
expenditures of the Fund from among the Deputy Governors of the Bank of Korea, and a fund disburser and a fund cashier from among
employees
of the Bank of Korea, respectively. In such cases, the Deputy Governor
in charge of revenues of the Fund shall perform the duties of a fund revenue collector, the Deputy Governor in charge of expenditures
of the Fund the
duties of a fund treasurer, the fund disburser the duties of a fund
disbursement officer, and the fund cashier the duties of a fund cashier-officer, respectively. <AmendedbyActNo.6836,Dec.30,2002;ActNo.8852,
Feb. 29, 2008>
(3) Deleted. <Amended by ActNo. 6836, Dec. 30, 2002>
Article 14 (Treatment of Profit and Loss of Management Fund)
(1) The profits incurred as a result of the settlement of accounts of the
Management Fund, if any, shall be accumulated in full.
(2) When losses are incurred from the settlement of accounts of the
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제20편 재정․경제일반 공공자금관리기금법
Management Fund, such losses shall be covered by the reserve under the
provisions of paragraph (1) and the Government may compensate for the losses from the general accounting, if the reserve falls short
of the losses.
(3) Losses incurred from fulfilling the obligations by the Management Fund pursuant to the provisions of Article 3 (2) 7 shall be
accrued in the general accounting of the next fiscal year. <NewlyInsertedbyActNo.7028,Dec.31,2003; Act No. 8135, Dec. 30, 2006>
Article 15 (Request for Early Repayment of Funds Deposited by Funds, etc.)
A manager of funds, etc. may, when any inevitable ground exists in the
operation of the funds, etc., request the repayment of the funds deposited to the Management Fund even before the expiration of the
term of deposit.
In such cases, the manager shall request the repayment to the Minister of Strategy and Finance 15 days prior to the date on which
the repayment
shall be made. <AmendedbyAct No. 8852, Feb. 29, 2008>
[This Article WhollyAmended byAct No. 8153, Dec. 30, 2006]
Article 16 (Temporary Borrowing of Management Fund)
(1) The Minister of Strategy and Finance may, if necessary for the management of the Management Fund, borrow funds temporarily at the expenses of the Management Fund. <AmendedbyActNo.5416,Dec.13,1997;
Act No. 5696, Jan. 29, 1999; ActNo. 8852, Feb. 29, 2008>
(2) Temporary borrowing under the provisions of paragraph (1) shall be
repaid within the relevant fiscal year.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Article 2 (Transitional Measures on Deposit to Management Fund)
The funds corresponding to the deposit money appropriated to the revenue budget of special account on treasury investment and loan
of the fiscal year 1994 among the funds, etc. under the provisions of Article 5 and
the surplus fund of the funds under the provisions of Article 6 shall,
notwithstanding the provisions of Articles 5 and 6, be deposited to the special account on treasury investment and loan. In such cases,
the interest
on the same deposit money shall be paid at the rate specified by this Act.
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PUBLIC CAPITAL MANAGEMENT FUND ACT
Article 3 (Special Case concerning Establishment of Plan for Managing
Management Fund)
The Minister of Treasury shall establish a plan for managing the
Management Fund of the fiscal year 1994 subject to consultation with the Minister of Economy Planning Board within three months
from the
date when this Act enters into force and then obtain the approval from the President, following the deliberation by the State
Council.
Article 4 (Special Cases concerning Creation of Management Fund)
(1) The Management Fund may receive the funds created through the issuance of bonds by a financial institution as resource, in order
to induce non-real name assets under Article 5 of the Presidential Financial and
Economic Emergency Order on Real Name Financial Transactions and
Confidentiality.
(2) The funds deposited to the Management Fund pursuant to paragraph
(1) shall be repaid at a time when the maturity of the bonds issued for
creating such funds arrives.
(3) The interest rates on the funds deposited to the Management Fund pursuant to paragraph (1) shall be prescribed by the Minister
of Finance,
notwithstanding the provisions of Article 7.
ADDENDA <ActNo. 5170, Dec. 12, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1997.
Articles 2 through 6 Omitted.
ADDENDA <ActNo. 5416, Dec. 13, 1997>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Special Case concerning Bonds Issued by Korea Telecommunications
Corporation) Bonds issued by the Korea Telecommunications Corporation, which is converted into a stock company under the Commercial Act in
accordance with the repealed Korea Telecommunications Corporation Act shall be deemed State or municipal bonds until the ratio to
stocks of the Korea
Telecommunications Corporation held by the Government becomes not more
than 50/100 of the total number of outstanding voting stocks for the first
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제20편 재정․경제일반 공공자금관리기금법
time since this Act enters into force.
ADDENDA <ActNo. 5696, Jan. 29, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Special Case concerning Compulsory Deposit of Surplus of National
Pension Fund) The surplus fund of the National Pension Fund shall,
notwithstanding the amended provisions of Article 5 (1) 1, be deposited to the Management Fund under the provisions of Article 5
by not later than
December 31, 2000. In such cases, the ratio of surplus funds deposited to
the Management Fund to the surplus funds of the relevant year shall not exceed 65/100 in 1999 and 40/100 in 2000.
ADDENDA <ActNo. 5982, May24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 5 Omitted.
Article 6 (Relationship with other Acts and Subordinate Statutes pursuant to Closure and New Establishment of Organization)
The reference to the Planning and Budget Committee or the National Budget
Administration by other Acts and subordinate statutes at the time this
Act enters into force shall be deemed a reference to the Ministry of Planning
and Budget, the reference to the Chairman of the Planning and Budget
Committee or the Administrator of the National Budget Administration shall be deemed a reference to the Minister of Planning and Budget,
the
reference to officials under the control of the Planning and budget Committee or the National Budget Administration shall be deemed
a reference to officials
under the control of the Ministry of Planning and Budget, the reference
to the Ministry of Public Information and Press Affairs or the Ministry of Culture and Tourism with respect to foreign public relation
shall be
deemed a reference to the Government Information Agency, the reference
to the Deputy Minister of Public Information and Press Affairs or the Minister of Culture and Tourism shall be deemed a reference
to the Minister of
Government Information Agency, the reference to officials under the control
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PUBLIC CAPITAL MANAGEMENT FUND ACT
of the Ministry of Public Information and Press Affairs or the Ministry
of Culture and Tourism shall be deemed a reference to officials under the control of the Government Information Agency, the reference
to the Ministry
of Culture and Tourism with respect to the cultural properties or the Office of Cultural Properties shall be deemed a reference to
the Cultural Heritage
Administration, and the reference to the Minister of Culture and Tourism
or the Director of the Office of Cultural Properties shall be deemed a reference to the Administrator of the Cultural Heritage Administration,
respectively.
ADDENDA <ActNo. 6062, Dec, 28, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2000.
Article 2 and Article 3 Omitted.
ADDENDA <ActNo. 6079, Dec. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on April 1, 2000. (2) (Relationship with other Acts and Subordinate Statutes) Any reference to the State Bond Management Fund under the former State Bond Act by other Acts and subordinate statutes at the time this Act enters into force shall be deemed a reference to the Public Capital Management Fund under this Act.
ADDENDA <ActNo. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <ActNo. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <ActNo. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
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This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDUM <ActNo. 7028, Dec. 31, 2003>
This Act shall enter into force on January 1, 2004.
ADDENDA <ActNo. 7347, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2005.
Articles 2 through 4 Omitted.
ADDENDA <ActNo. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <ActNo. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Repealed Act)
The Act on the Special Accounts for Treasury Loans shall be repealed.
Article 3 (Transitional Measures on Settlement of Accounts)
(1) The settlement of accounts under the special accounts for treasury loans for the fiscal year 2006 shall be governed by the former
Act on the
Special Accounts for Treasury Loans.
(2) Surplus after the settlement of account of the fiscal year 2006 in the treasury loan account and loan account of the special accounts
for treasury
loans under the former Act on the Special Accounts for Treasury Loans shall be carried over to the treasury loan account and the loan
account
of the Management Fund of the next fiscal year, respectively.
Article 4 (Succession to Assets, etc.)
Assets and liabilities in the treasury loan account and the loan account in the special accounts for treasury loans under the former
Act on the
Special Accounts for Treasury Loans shall be inherited as a whole by the
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PUBLIC CAPITAL MANAGEMENT FUND ACT
treasury loan account and the loan account of the Management Fund,
respectively.
Article 5 (Transitional Measure on Compensation for Losses in Treasury
Loan Account in Special Accounts for Treasury Loans)
Losses (referring to amounts calculated by subtracting liabilities in the treasury loan account from assets) in the treasury loan
account in the special accounts for treasury loans under the existing Act on the Special
Accounts for Treasury Loans shall, notwithstanding the provisions of Article
14 (2), be covered in the general accounting, taking into account the financial status.
Article 6 (Transitional Measures on Treasury Loans, etc.)
(1) Treasury loans or deposit under the former Act on the Special Accounts for Treasury Loans shall be deemed treasury loans or deposit
under this Act.
(2) The interest rates on the amount of loans, deposit received and deposit
money specified by the Minister of Finance and Economy subject to the deliberation by the Deliberation Committee on Management of
Treasury
Funds under the former Act on the Special Accounts for Treasury Loans
shall be deemed to have undergone the deliberation and resolution by the
Committee for Management of Public Capital Management Fund under the amended provisions of Article 10.
Article 7 (Transitional Measure on Fund Deposit Money)
(1) The Fund deposit money prior to the enforcement of this Act shall be deemed the deposit received under the amended provisions
of Article
3 (1) 1.
(2) Re-deposit prior to this Act enters into force shall be deemed deposit under the amended provisions of Article 3 (1) 4.
Article 8 Omitted.
Article 9 (Relationship with other Acts and Subordinate Statutes)
Any reference to the existing Act on the Special Accounts for Treasury
Loans by other Acts and subordinate statutes at the time this Act enters into force shall be deemed a reference to of this Act or
a corresponding
provision hereof in lieu of the former provisions, if such corresponding provisions exists herein.
ADDENDA <ActNo. 8852, February, 29, 2008>
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Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted.
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