Enforcement Decree Of The Certified Customs Broker Act


Published: 2012-05-01

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Certified Customs Brokers Act and those relating to the enforcement thereof. <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
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 Articles 2 through 3-2 Deleted.<by Presidential Decree No. 17179, Mar. 31, 2001>   print
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 Article 4 (Examination Conducting Authority)   print
The licensing examination for certified customs brokers (hereinafter referred to as "examination") referred to in Article 6 (1) of the Certified Customs Brokers Act (hereinafter referred to as the "Act") shall be conducted by the Commissioner of the Korea Customs Service. <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
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 Article 5 (Subjects and Methods of Examination)   print
(1) The subjects of the examination shall be as shown in attached Table 1.
(2) The first-stage examination shall be conducted in the form of a written multiple-choice examination, and the second-stage examination shall be conducted in the form of a written essay examination.
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 Article 5-2 (Partial Exemption, etc. from Examination)   print
(1) The term "field prescribed by Presidential Decree" used in subparagraph 1, or any item of subparagraph 2, of Article 6-2 (1) of the Act means the field of customs administration shown in attached Table 1-2.
(2) In applying the provisions of Article 6-2 (1) of the Act, the base date for career calculation shall be the closing date for receipt of applications for the relevant examination.
(3) The subjects excluded from the scope of the second-stage examination under Article 6-2 (1) 2 of the Act shall be as follows: <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
1. Customs Laws (excluding Customs Valuation, but including the Act on Special Cases concerning the Refund of Customs, etc. Levied on Raw Materials for Export);
2. Tariff Schedules and Study of Merchandise.
[This Article Newly Inserted by Presidential Decree No. 17179, Mar. 31, 2001]
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 Article 5-3 (Composition of Certified Customs Brokers Qualification Deliberation Committee)   print
(1) The Certified Customs Brokers Qualification Deliberation Committee established under Article 6-3 (1) of the Act (hereinafter referred to as the "Qualification Deliberation Committee") shall be composed of nine members, including one Chairperson. <Amended by Presidential Decree No. 17835, Dec. 30, 2002; Presidential Decree No. 20350, Oct. 31, 2007>
(2) The Chairperson of the Qualification Deliberation Committee shall be the Deputy Commissioner of the Korea Customs Service, and the members thereof shall be the following persons: <Amended by Presidential Decree No. 17835, Dec. 30, 2002; Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 20350, Oct. 31, 2007; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 23644, Feb. 29, 2012>
1. One person nominated by the Minister of Strategy and Finance at the request of the Commissioner of the Korea Customs Service from among a Grade III public official of the Ministry of Strategy and Finance in charge of customs affairs or other public officials in general service belonging to the Senior Civil Service;
2. Three persons nominated by the Commissioner of the Korea Customs Service from among Grade III public officials of the Korea Customs Service or other public officials in general service belonging to the Senior Civil Service;
3. Two persons commissioned by the Commissioner of the Korea Customs Service from among those who have abundant knowledge and experience in customs systems, including professors (referring to persons serving as assistant professors or higher in school referred to in any subparagraph of Article 2 of the Higher Education Act) or customs experts;
4. One person commissioned by the Commissioner of the Korea Customs Service from among those recommended by the President of the Korea Customs Brokers Association established under Article 21 of the Act;
5. One person commissioned by the Commissioner of the Korea Customs Service from among those recommended by a non-governmental organization (referring to a non-profit non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(3) The term of office of each member referred to in paragraph (2) 3 through 5 shall be three years.
[This Article Newly Inserted by Presidential Decree No. 17179, Mar. 31, 2001]
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 Article 5-4 (Operation of Qualification Deliberation Committee)   print
(1) The Chairperson of the Qualification Deliberation Committee shall represent the Qualification Deliberation Committee and exercise general supervision and control over its affairs.
(2) The Chairperson of the Qualification Deliberation Committee shall convene and preside over meetings of the Qualification Deliberation Committee.
(3) If the Chairperson of the Qualification Deliberation Committee is unable to perform his/her duties for any extenuating circumstance, a member designated by the Chairperson shall act on behalf of the Chairperson. <Amended by Presidential Decree No. 17835, Dec. 30, 2002; Presidential Decree No. 20350, Oct. 31, 2007>
(4) A majority of the members of the Qualification Deliberation Committee, including the Chairperson, shall constitute a quorum, and any resolution of the Qualification Deliberation Committee shall require the concurring votes of at least a majority of those present.
[This Article Newly Inserted by Presidential Decree No. 17179, Mar. 31, 2001]
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 Article 6 (In-service Training)   print
(1) The period of in-service training under Article 7 (2) of the Act (hereinafter referred to as "in-service training") shall be six months. <Amended by Presidential Decree No. 17835, Dec. 30, 2002>
(2) The details and methods of, and procedures for, in-service training and other necessary matters shall be determined by the Commissioner of the Korea Customs Service.
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 Articles 7 and 8 Deleted.<by Presidential Decree No. 17835, Dec. 30, 2002>   print
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 Article 9 (Allowances)   print
Any member who attends a meeting of the Qualification Deliberation Committee may be paid an allowance within budgetary limits: Provided, That this provision shall not apply when any member who is a public official attends such meeting in direct connection with his/her affairs. <Amended by Presidential Decree No. 17179, Mar. 31, 2001; Presidential Decree No. 17835, Dec. 30, 2002>
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 Article 10 (Conduct and Public Announcement of Examination)   print
(1) The examination shall be conducted at least once annually.
(2) The Commissioner of the Korea Customs Service shall publicly announce the date and time, venue and method of the examination and other necessary matters at least 90 days before the examination is conducted. <Amended by Presidential Decree No. 23759, May 1, 2012>
(3) The Commissioner of the Korea Customs Service may determine and publicly announce the minimum number of persons passing the second-stage examination after deliberation by the Qualification Deliberation Committee, taking into account the required number, etc. of certified customs brokers. <Newly Inserted by Presidential Decree No. 17835, Dec. 30, 2002>
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 Article 11 (Procedures for Application for Examinations)   print
(1) A person who intends to take an examination shall submit an application accompanied by documents necessary therefor in accordance with notifications under Article 10 (2) to the Commissioner of the Korea Customs Service.
(2) When any applicant submits an application under paragraph (1), he/she shall pay fees, the amounts of which are prescribed by Ordinance of the Ministry of Strategy and Finance, in methods prescribed by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20928, Jul. 24, 2008>
(3) When any applicant, who has paid fees under paragraph (2), falls under any of the following subparagraphs, the Commissioner of the Korea Customs Service shall return the relevant amounts to him/her: <Amended by Presidential Decree No. 22830, Apr. 4, 2011; Presidential Decree No. 23605, Feb. 2, 2012>
1. Where he/she has overpaid or erroneously paid fees: All amounts of fees overpaid or erroneously paid;
2. Where he/she fails to take an examination due to reasons attributable to an institution administering an examination: All amounts of fees paid;
3. Where he/she revokes an application during the application period: All amounts of fees paid;
4. Where he/she revokes an application by 20 days before the first-stage examination is conducted from the day following the deadline for application: Amounts corresponding to 60/100 of fees paid;
5. Where he/she revokes an application by 10 days before the first-stage examination is conducted from 19 days before the first-stage examination is conducted: Amounts corresponding to 50/100 of fees paid.
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 Article 12 (Sanctions against Cheating)   print
In cases of any person who cheats in the examination, the examination shall be suspended or invalidated, and he/she shall, for a period of five years thereafter, be disqualified from sitting the examination.
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 Article 13 (Selection of Successful Candidates)   print
(1) A score of at least 40 points in each subject graded on a scale of 100 points, with an overall average of at least 60 points, shall be required to pass the first-stage examination.
(2) A score of at least 40 points in each subject graded on a scale of 100 points, with an overall average of at least 60 points, shall be required to pass the second-stage examination: Provided, That when the number of persons obtaining a score of at least 40 points in each subject with an overall average of at least 60 points is less than the minimum number of persons passing the second-stage examination under Article 10 (3), successful candidates shall be selected in order of high score based on the average score for all subjects from among those who obtain a score of at least 40 points in each subject within the scope of such minimum number.
(3) In cases of excess of the minimum number of persons passing the second-stage examination due to persons obtaining the same score in selecting successful candidates under the proviso to paragraph (2), all the persons obtaining the same score shall be selected as successful candidates. In such cases, their scores shall be calculated down to the second decimal place.
[This Article Wholly Amended by Presidential Decree No. 17835, Dec. 30, 2002]
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 Article 14 Deleted.<by Presidential Decree No. 17835, Dec. 30, 2002>   print
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 Article 15 (Public Announcement of List of Successful Candidates and Issue of Certificates)   print
If successful candidates are selected, the Commissioner of the Korea Customs Service shall publicly announce a list thereof without delay and issue customs broker certificates to them.
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 Article 16 (Registration of Certified Customs Brokers and Renewal of Such Registration)   print
(1) Any person who intends to be registered as a certified customs broker under Article 7 (1) of the Act shall submit to the Commissioner of the Korea Customs Service an application for registration, as determined by the Commissioner of the Korea Customs Service.
(2) The renewal period under Article 7 (3) of the Act shall be five years, and any person who intends to renew registration shall submit to the Commissioner of the Korea Customs Service an application for renewal of registration, as determined by the Commissioner of the Korea Customs Service, by one month before the date on which the period of validity for registration ends.<Amended by Presidential Decree No. 23605, Feb. 2, 2012>
(3) Where any person who has been registered as a certified customs broker pursuant to paragraph (1), the Commissioner of the Korea Customs Service shall provide such person with two advance notices, one of which states the fact that renewal of registration thereof shall be filed by one month before the date on which the period of validity for such registration ends and the other of which states the procedure for such renewal shall be filed via mobile text messaging, electronic mail, fax or phone, or in any other document by two months before the date on which the period of registration ends. <Newly Inserted by Presidential Decree No. 23605, Feb. 2, 2012>
(4) If registered matters are modified, any certified customs broker shall, without delay, report to the Commissioner of the Korea Customs Service.<Amended by Presidential Decree No. 23605, Feb. 2, 2012>
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 Article 17 (Reporting on Commencement of Services)   print
A report on commencement of services under Article 10 (1) of the Act shall be made to the Korea Customs Brokers Association, which shall report thereon to the head of the customs house having jurisdiction over the location of a certified customs broker's office (in cases of a certified customs broker belonging to a customs service corporation, referring to its main office or branch in which he/she works full-time; and in cases of a certified customs broker belonging to a corporation or general logistics company registered under Article 19 (1) of the Act (hereinafter referred to as "customs clearance handling corporation"), referring to an office in which customs clearance services are provided). <Amended by Presidential Decree No. 20350, Oct. 31, 2007; Presidential Decree No. 20928, Jul. 24, 2008>
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 Article 18 Deleted.<by Presidential Decree No. 20350, Oct. 31, 2007>   print
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 Article 19 (Establishment of Joint Office)   print
(1) If two or more certified customs brokers intend to establish a joint office under Article 9 (3) of the Act, they shall register it with such Commissioner, as determined by the Commissioner of the Korea Customs Service.
(2) Deleted. <by Presidential Decree No. 20350, Oct. 31, 2007>
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 Article 20 (Preparation and Preservation of Books)   print
(1) A certified customs broker shall prepare books stating the name and address of a client who has requested services under Article 2 of the Act, the details of such request, the details of services and the amounts of remunerations in accordance with Article 11 of the Act. <Amended by Presidential Decree No. 22830, Apr. 4, 2011>
(2) Books referred to in paragraph (1) shall be preserved for five years, and the same shall apply in any of the following cases: <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
1. In cases of revocation of registration of a certified customs broker, customs service corporation or customs clearance handling corporation;
2. In cases of the receipt of a disposition to suspend services;
3. In cases of suspension or discontinuance of services, or closure of an office.
[This Article Newly Inserted by Presidential Decree No. 17835, Dec. 30, 2002]
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 Article 21 Deleted.<by Presidential Decree No. 17835, Dec. 30, 2002>   print
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 Article 22 (Guarantee of Liability for Damage)   print
(1) Any certified customs broker or customs clearance handling corporation reporting on commencement of services under Article 17 of this Decree shall, within 15 days thereafter, provide the following security, the value of which is not less than ten million won per certified customs broker in accordance with Article 16 of the Act: <Amended by Presidential Decree No. 17179, Mar. 31, 2001; Presidential Decree No. 20350, Oct. 31, 2007>
1. Taking out insurance;
2. Participating in mutual aid services managed by the Korea Customs Brokers Association;
3. Depositing cash or government and public bonds in a depository having jurisdiction over the location of an office of such certified customs broker or customs clearance handling corporation;
4. Any other guarantee determined by the Commissioner of the Korea Customs Service.
(2) Other matters relating to guaranteeing liability for damage shall be determined by the Commissioner of the Korea Customs Service.
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 Article 23 (Establishment of Dispute and Complaint Conciliation Commission)   print
(1) Customs Clearance Service Dispute and Complaint Conciliation Commission (hereinafter referred to as the "Conciliation Commission") shall be established in the Korea Customs Brokers Association to submit disputes related to customs clearance services to conciliation as well as to resolve complaints.
(2) At the request of one or both of the parties, the Conciliation Commission shall review, reconcile and deal with disputes and complaints between a certified customs broker, customs service corporation or customs clearance handling corporation and a client as well as between a certified customs broker, etc. and any third person. <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
(3) The composition and operation of the Conciliation Commission and other necessary matters shall be determined by the Commissioner of the Korea Customs Service.
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 Article 24 (Application for Registration of Customs Service Corporation)   print
(1) Any person who intends to register a customs service corporation pursuant to Article 17-2 (1) of the Act shall submit to the Commissioner of the Korea Customs Service an application prescribed by Ordinance of the Ministry of Strategy and Finance, accompanied by the following documents: <Amended by Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 22830, Apr. 4, 2011>
1. A copy of the articles of incorporation;
2. Copies of certificates of registration of certified customs brokers belonging to the customs service corporation;
3. Documents supporting the payment of capital;
4. Documents stating the expected places of establishment of the main office and branches (limited to the establishment of branches);
5. Deleted. <by Presidential Decree No. 22830, Apr. 4, 2011>
(2) If registered matters are modified, any customs service corporation shall report such modification to the Commissioner of the Korea Customs Service.
(3) The Commissioner of the Korea Customs Service upon receipt of an application for registration under paragraph (1) of this Article shall make an entry in a customs service corporation register and issue a customs service corporation registration certificate unless the customs service corporation falls under Article 17-2 (3) of the Act.
[This Article Wholly Amended by Presidential Decree No. 20350, Oct. 31, 2007]
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 Article 24-2 (Representative Directors of Customs Service Corporation)   print
Any customs service corporation shall have not more than three representative directors under Article 17-3 (5) of the Act.
[This Article Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007]
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 Article 24-3 (Accumulation, etc. of Damage Reserve by Customs Service Corporation)   print
(1) If any customs service corporation accumulates a damage reserve under Article 17-5 (1) of the Act, it shall accumulate for each year of service an amount equivalent to 2/100 of the total sales in the relevant service year as the damage reserve and shall, in any case in which the amount referred to in subparagraph 1 is less than the amount referred to in subparagraph 2 (including any case in which the damage reserve is not accumulated), take out damage liability insurance in which the damage ceiling is not less than the difference:
1. Amount which such customs service corporation accumulates as the damage reserve;
2. Amount determined by multiplying the number of certified customs brokers belonging to such customs service corporation by ten million won.
(2) Any customs service corporation shall accumulate a damage reserve referred to in paragraph (1) to such an extent as the damage reserve amounts to 10/100 of the average total sales in the immediately preceding two years of service and the relevant year of service.
(3) Necessary matters relating to the use of damage reserves and the confirmation of whether or not to take out damage liability insurance shall be determined by the Commissioner of the Korea Customs Service.
[This Article Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007]
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 Article 24-4 (Restrictions on Customs Service Corporation's Investments, etc. in other Corporations)   print
The total amount which any customs service corporation invests in other corporations or by which it guarantees the obligations of other persons under Article 17-6 (1) of the Act shall not exceed an amount equivalent to 25/100 (10/100 of equity capital, in cases of the amount of such guarantee) of equity capital as defined in Article 17-6 (2) of the Act (hereafter referred to as "equity capital" in this Article): Provided, That in any of the following cases, such investments may be made in other corporations to the extent of any amount referred to therein:
1. If investments are made in services referred to in Article 15 (2) 2 of the Act, an amount equivalent to 50/100 of equity capital;
2. If an amount determined by subtracting a damage reserve from equity capital exceeds 200 million won, an amount equivalent to 50/100 of such excess.
[This Article Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007]
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 Article 24-5 (Provisions Applicable Mutatis Mutandis to Customs Service Corporations)   print
The provisions of Articles 16 (2) and (3), 17 and 20 shall apply mutatis mutandis to a customs service corporation. In such cases, "certified customs broker's office" referred to in Article 17 shall be deemed "main office of the customs service corporation". <Amended by Presidential Decree No. 23605, Feb. 2, 2012>
[This Article Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007]
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 Article 25 (Registration of Customs Clearance Handling Corporations)   print
(1) The term "company prescribed by Presidential Decree" used in Article 19 (1) 3 of the Act means any of the following companies (hereinafter referred to as "general logistics company"): <Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 20928, Jul. 24, 2008>
1. A general logistics company certified as a single logistics company;
2. A certified general logistics company which consists of two or more logistics companies and which meets the requirements prescribed by Ordinance of the Ministry of Strategy and Finance.
(2) Any corporation or general logistics company which seeks to be registered under Article 19 (1) of the Act shall submit to the Commissioner of the Korea Customs Service an application prescribed by Ordinance of the Ministry of Strategy and Finance, accompanied by a copy of a certificate of registration of transportation, storage or loading services (a copy of a certificate of registration of a corporation referred to in Article 19 (1) 1 of the Act which invests in any other corporation referred to in Article 19 (1) 2 of the Act, in the case thereof; and a copy of a location permit, in cases of an enterprise located in a free trade zone under the Act on Designation and Management of Free Trade Zones (hereinafter referred to as "free trade zone") or a copy of a general logistics company certificate. <Amended by Presidential Decree No. 20350, Oct. 31, 2007; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 20928, Jul. 24, 2008>
(3) The term "amount prescribed by Presidential Decree" used in Article 19 (2) 1 of the Act means 300 million won, and the term "requirements for customs clearance services prescribed by Presidential Decree" used in Article 19 (2) 3 of the Act means any of the following: <Amended by Presidential Decree No. 20350, Oct. 31, 2007; Presidential Decree No. 20928, Jul. 24, 2008>
1. Any enterprise with respect to which transportation, storage or loading services under the Customs Act is registered or conceded shall be a corporation or general logistics company;
2. Any enterprise located in a free trade zone, providing goods storage services therein shall be a corporation or general logistics company.
(4) In accordance with Article 19 (6) of the Act, the Commissioner of the Korea Customs Service may, if deemed necessary, have a customs clearance handling corporation increase the number of certified customs brokers belonging thereto, or impose restrictions on customs houses in which such corporation provides customs clearance services, taking into account the number of such customs houses, the volume of customs clearance services, etc. <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
(5) The Commissioner of the Korea Customs Service may request the President of the Korea Customs Brokers Association to investigate the actual condition of customs clearance services of customs clearance handling corporations. <Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007>
(6) The provisions of Articles 16 (2) through (4), 17, and 20 shall apply mutatis mutandis to a customs clearance handling corporation. In such cases, "certified customs broker's office" referred to in Article 17 shall be construed as "head office of the customs clearance handling corporation". <Newly Inserted by Presidential Decree No. 20350, Oct. 31, 2007; Presidential Decree No. 23605, Feb. 2, 2012>
(7) Other matters relating to the provision of customs clearance services of customs clearance handling corporations shall be determined by the Commissioner of the Korea Customs Service. <Amended by Presidential Decree No. 20350, Oct. 31, 2007>
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 Article 26 (Bylaws of Korea Customs Brokers Association)   print
The bylaws of the Korea Customs Brokers Association referred to in Article 21 (2) of the Act shall include the following matters:
1. Name;
2. Purposes and services;
3. Location of the head office and matters relating to the establishment of branches;
4. Matters relating to the qualifications of members;
5. Matters relating to the rights and obligations of members;
6. Matters relating to recommendations for disciplinary action against members violating such bylaws;
7. Matters relating to meetings;
8. Matters relating to education;
9. Matters relating to membership fees;
10. Matters relating to accounting;
11. Matters relating to guaranteeing liability for damage including mutual aid services referred to in Article 22 (1) 2;
12. Matters relating to the Conciliation Commission.
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 Article 27 (General Meeting)   print
(1) If the Korea Customs Brokers Association intends to hold a general meeting, it shall notify the Commissioner of the Korea Customs Service of the date and time, venue and agenda of the general meeting at least seven days prior thereto.
(2) The Korea Customs Brokers Association shall report matters decided in the general meeting to the Commissioner of the Korea Customs Service within seven days after the general meeting is closed. <Amended by Presidential Decree No. 22830, Apr. 4, 2011>
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 Article 28 (Supervision)   print
If deemed necessary for supervision under Article 22 of the Act, the Commissioner of the Korea Customs Service may order the Korea Customs Brokers Association to submit a report, or have any public official under his/her jurisdiction inspect the status of services of such Association.
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 Article 29 (Handling of Personally Identifiable Information)   print
The Commissioner of the Korea Customs Service or the head of a customs house may handle materials in which any resident registration number is stated pursuant to subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, in extenuating circumstances to conduct the following affairs:
1. Registration for customs service corporations under Article 17-2 of the Act and renewal of registration for customs service corporations under Article 7 (3) of the Act which is applied mutatis mutandis pursuant to Article 17-13 of the Act;
2. Registration for a customs clearance handling corporation and renewal of registration therefor under Article 19 (1) and (4) of the Act;
3. Customs broker license examinations under Articles 10 through 13 and 15 of the Decree.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
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 Article 30 (Entrustment of Services)   print
(1) The Commissioner of the Korea Customs Service shall entrust the following authority to the Korea Customs Brokers Association under Article 26 of the Act.
1. Registration of certified customs brokers under Article 7 of the Act;
2. Implementation of in-service training under Article 7 (2) of the Act;
3. Registration of joint offices under Article 9 (4) of the Act.
(2) The Commissioner of the Korea Customs Service shall entrust the licensing examination for certified customs brokers referred to in Article 6 of the Act to the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act under Article 26 of the Act.
[This Article Wholly Amended by Presidential Decree No. 20928, Jul. 24, 2008]
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 Article 31 (Organization of Certified Customs Brokers Disciplinary Committee)   print
(1) The Deputy Commissioner of the Korea Customs Service shall become the Chairperson of the Certified Customs Brokers Disciplinary Committee under Article 28 of the Act (hereinafter referred to as the "Disciplinary Committee") and the following persons shall become members of the Disciplinary Committee: <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 22830, Apr. 4, 2011>
1. Six persons designated by the Commissioner of the Korea Customs Service, from among state public officials in general service of Grade III or higher or public officials in general service belonging to the Senior Civil Service;
2. One person commissioned by the Commissioner of the Korea Customs Service, from among certified customs brokers recommended by the Chairperson of the Korea Customs Brokers Association;
3. One person commissioned by the Commissioner of the Korea Customs Service, from among persons with abundant knowledge and experiences in the area of customs who are recommended by the Chairperson of the Korea Customs Brokers Association.
(2) The terms of office of members falling under paragraph (1) 2 and 3 shall be two years. <Newly Inserted by Presidential Decree No. 22830, Apr. 4, 2011>
(3) The Chairperson shall exercise overall control over the affairs of the Disciplinary Committee and represent the Disciplinary Committee. <Amended by Presidential Decree No.17179, Mar. 31, 2001>
(4) When the Chairperson is unable to perform his/her duties due to unavoidable grounds, any member nominated by the Chairperson shall act as the Chaiperson on his/her behalf.
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 Article 32 (Recommendation for Disciplinary Action)   print
(1) If a certified customs broker falls under Article 27 (1) 1 of the Act, the head of the customs house concerned shall, without delay, recommend disciplinary action against the certified customs broker to the Commissioner of the Korea Customs Service.
(2) If a certified customs broker violates the bylaws thereof, the President of the Korea Customs Brokers Association shall recommend disciplinary action against the certified customs broker to the Commissioner of the Korea Customs Service.
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 Article 33 (Request for Decision on Disciplinary Action)   print
If the Commissioner of the Korea Customs Service is recommended to take disciplinary action against a certified customs broker under Article 32 of this Decree, or if the certified customs broker falls under Article 27 (1) 1 of the Act, such Commissioner shall, without delay, require the Disciplinary Committee to decide on disciplinary action against the certified customs broker.
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 Article 34 (Meetings)   print
(1) If the Commissioner of the Korea Customs Service requires the Disciplinary Committee to decide on disciplinary action, the Disciplinary Committee shall, within 30 days thereafter, do so: Provided, That such decision may, when unavoidable, be extended for a further period not exceeding 30 days by decision of the Disciplinary Committee.
(2) Meetings of the Disciplinary Committee shall be convened and presided over by the Chairperson of the Disciplinary Committee.
(3) If the Chairperson of the Disciplinary Committee intends to convene a meeting of the Disciplinary Committee, he/she shall, at least seven days prior thereto, give written notice to all members thereof and any certified customs broker against whom a decision on disciplinary action is to be made (hereafter referred to as "party" in this Article).
(4) Two-thirds of the members of the Disciplinary Committee shall constitute a quorum, and any decision of the Disciplinary Committee shall require the concurring vote of a majority of those present.
(5) In reviewing disciplinary cases, the Disciplinary Committee may, if deemed necessary, have the parties or interested persons attend its meeting and give their opinions, or require them to submit materials for review.
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 Article 34-2 (Exclusion, Challenge and Abstention of Members)   print
(1) When any member of the Disciplinary Committee falls under any of the following subparagraphs, he/she shall be excluded from the deliberations and resolution of the relevant agenda:
1. When the member is a certified customs broker subject to a disciplinary decision;
2. When the member is or was a relative with a certified customs broker subject to a disciplinary decision;
3. When a certified customs broker subject to a disciplinary decision works for a corporation or an office, to which any member of the Disciplinary Committee belongs.
(2) A certified customs broker subject to a disciplinary decision may file an application for challenge, when there exists any ground for which it would be difficult to expect the impartial deliberation and resolution of the Chairperson of the Disciplinary Committee or members thereof. In such cases, the Disciplinary Committee shall determine on such application with votes, and no person subject to a decision on challenge is allowed to take part in the relevant deliberation and resolution.
(3) When any member falls under the grounds falling under paragraph (1) or (2), he/she may abstain the deliberation and resolution of the relevant agenda on his/her own.
[This Article Newly Inserted by Presidential Decree No. 22830, Apr. 4, 2011]
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 Article 35 (Notice and Enforcement of Decision)   print
(1) If the Disciplinary Committee decides on disciplinary action, it shall without delay notify the Commissioner of the Korea Customs Service by a written decision on disciplinary action specifying the causes therefor.
(2) The Commissioner of the Korea Customs Service upon receipt of a notice under paragraph (1) shall take disciplinary action in relation to the certified customs broker involved and notify the head of the customs house concerned or the President of the Korea Customs Brokers Association, who in turn shall notify such certified customs broker, accompanied by a copy of the written decision on disciplinary action.
(3) If the domicile or residence of a certified customs broker against whom a decision on disciplinary action is made cannot be found, or if notification cannot be given for any other reason, such decision shall be publicly announced; and if such public announcement is made, notification shall be deemed to be received on the tenth day following the date on which such public announcement is made.
(4) Other matters relating to the operation of the Disciplinary Committee shall be determined by the Commissioner of the Korea Customs Service.
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 Article 36 (Allowances)   print
Allowances may be paid to any member who attends meetings of the Disciplinary Committee within budgetary limits: Provided, That the foregoing shall not apply where a member who is a public official attends meetings directly related to affairs under his/her jurisdiction.
[This Article Newly Inserted by Presidential Decree No. 23605, Feb. 2, 2012]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1996.
(2) (Transitional Measures concerning Guarantee of Liability for Damage) Any certified customs broker or certified customs brokers corporation, etc. which is in practice as at the time this Decree enters into force shall provide security for guaranteeing liability for damage under Article 22 within six months after the enforcement of this Decree.
ADDENDUM<Presidential Decree No. 15561, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM<Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA<Presidential Decree No. 17179, Mar. 31, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Acquiring Qualifications of Certified Customs Brokers) Notwithstanding the amended provisions of Articles 2, 3 and 7 (1), the previous provisions shall apply to training or special screening for persons who fail to receive training or undergo special screening under paragraph (2) of the Addenda of the Certified Customs Brokers Act (Act No. 6102) by December 31, 2002.
ADDENDA<Presidential Decree No. 17835, Dec. 30, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 shall enter into force on January 1, 2004.
(2) (Applicability to Abolition of Privileges of Examinations for Certified Customs Brokers) The amended provisions of Article 14 shall begin to apply to the first examination for certified customs brokers since January 1, 2004.
(3) (Transitional Measures concerning Practical Training) Notwithstanding the amended provisions of Article 6, any person engaged in practical training under the previous provisions as at the time this Decree enters into force shall be governed by the previous provisions.
ADDENDA<Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 20350, Oct. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5-2 and attached Table 1 shall enter into force on January 1, 2010.
Article 2 (Transitional Measures concerning Changes to Organization of Certified Customs Brokers Qualification Deliberation Committee)
Previous members of the Certified Customs Brokers Qualification Deliberation Committee as at the time this Decree enters into force shall be deemed to have been appointed under the amended provisions of Article 5-3, and their terms of office shall be governed by the expiration date under the previous provisions.
ADDENDA<Presidential Decree No. 20516, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM<Presidential Decree No. 20928, Jul. 24, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11 and 30 shall enter into force on January 1, 2009.
ADDENDUM<Presidential Decree No. 22830, Apr. 4, 2011>
This Decree enters into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Presidential Decree No. 23605, Feb. 2, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (3), 24-5, and 25 (6) shall enter into force on July 1, 2012.
Article 2 (Applicability, etc. to Advance Notice for Renewal of Registration of Certified Customs Brokers)
(1) The amended provisions of Articles 16 (3), 24-5, and 25 (6) shall apply to any advance notice made for renewal of registration, the period of validity for which arrives on or after July 1, 2012.
(2) Where necessary for providing advance notice of renewal of registration, the period of validity for which arrives pursuant to paragraph (1), notwithstanding the provisions of the proviso to Article 1 of Addenda, each amended provision under paragraph (1) shall be deemed to enter into force and advance notice may be provided pursuant to the relevant provisions.
ADDENDA<Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
The provisions of this Decree concerning matters to amend the period of public announcement of an examination, etc. shall apply to any examination conducted on or after January 1, 2013.