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Enforcement Decree Of The Act On Reporting And Use Of Certain Financial Transaction Information


Published: 2013-03-23

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe the matters delegated by the Act on Reporting and Use of Certain Financial Transaction Information and other matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 19054, Sep. 27, 2005>
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 Article 2 (Financial Institutions, etc.)   print
"Entities prescribed by Presidential Decree" in subparagraph 1 (o) of Article 2 of the Act on Reporting and Use of Certain Financial Transaction Information (hereinafter referred to as the "Act") means those under the following subparagraphs: <Amended by Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 20947, Jul. 29, 2008; Presidential Decree No. 21114, Nov. 11, 2008; Presidential Decree No. 21480, May 6, 2009>
1. The Credit Guarantee Fund under the Credit Guarantee Fund Act;
2. The Korea Technology Credit Guarantee Fund under the Korea Technology Credit Guarantee Fund Act;
3. Discretionary investment business entities under the Financial Investment Services and Capital Markets Act;
4. Deleted; <by Presidential Decree No. 19054, Sep. 27, 2005>
5. Specialized credit financial business companies and venture business investment associations under the Specialized Credit Finance Business Act;
6. Forestry cooperatives and the National Federation thereof under the Forestry Cooperatives Act;
7. Financial holding companies under the Financial Holding Companies Act;
8. Small and medium enterprise start-up investment companies and small and medium enterprise start-up investment associations under the Support for Small and Medium Enterprise Establishment Act;
9. A corporate restructuring association registered under Article 15 of the Industrial Development Act (referring to the Act before wholly amended by Act No. 9584) and a specialized restructuring company which is an executive member of the association;
10. Foreign currency exchange businesses under Article 8 (4) of the Foreign Exchange Transactions Act.
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 Article 3 (Financial Transactions)   print
(1) "Other transactions prescribed by Presidential Decree" in subparagraph 2 (b) of Article 2 of the Act means those under the following subparagraphs:
1. Transactions arising from business of loan, guarantee, insurance, mutual aid, factoring (referring to business of acquisition by transfer, management or collection of accounts receivable acquired by means of provision of goods or services by an enterprise), keeping securities, safe lending;
2. Transactions arising from business of credit card, debit card, prepaid card, facilities leasing, deferred payment sale, installment financing, and venture capital under the Specialized Credit Finance Business Act;
3. Transactions arising from business of foreign exchange under the Foreign Exchange Transactions Act (hereinafter referred to as the "foreign exchange transaction").
(2) "Something used instead of cash or checks, which is prescribed by Presidential Decree in a business unit for casino businesses" in subparagraph 2 (c) of Article 2 of the Act means a chip used for betting in a casino determined and publicly announced by the Minister of Culture, Sports and Tourism pursuant to Article 25 of the Tourism Promotion Act.
[This Article Wholly Amended by Presidential Decree No. 21114, Nov. 11, 2008]
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 Article 4 Deleted. <by Presidential Decree No. 21114, Nov. 11, 2008>   print
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 Article 5 (Operations of Korea Financial Intelligence Unit)   print
(1) "Responsibilities as prescribed by Presidential Decree" in Article 3 (1) 5 of the Act means those under the following subparagraphs: <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
1. Research and study on the status of money laundering and financing for terrorism, and countermeasures for prevention thereof;
2. Provision of education, training and other consulting services for financial institutions, etc. to prevent money laundering and financing for terrorism;
3. Promotion of cooperation and exchange of information at home and abroad to prevent money laundering and financing for terrorism.
(2) The Commissioner of the Korea Financial Intelligence Unit provided for in Article 3 of the Act (hereinafter referred to as the "Korea Financial Intelligence Unit") shall build a computer system necessary to efficiently report, manage and utilize information reported by financial institutions, etc. pursuant to Article 4-2 (1) and (2) of the Act and certain financial transaction information referred to in Article 7 (1) of the Act (hereinafter referred to as "certain financial transaction information") and take measures necessary for the protection and security of such computer system. <Amended by Presidential Decree No. 19054, Sep. 27, 2005>
(3) The Commissioner of the Korea Financial Intelligence Unit (hereinafter referred to as the "Commissioner of the Korea Financial Intelligence Unit") may determine and publicly announce details concerning each of the following subparagraphs, considering international treaties relating to prevention of money laundering and prohibition of financing for terrorism and considering recommendations by international organizations: <Newly Inserted by Presidential Decree No. 22104, Mar. 23, 2010>
1. Matters relating to the preservation of reported data under Article 4 (4) of the Act;
2. Matters relating to the establishment of internal reporting systems under subparagraph 1 of Article 5 of the Act;
3. Matters relating to the preparation and utilization of business guidelines under subparagraph 2 of Article 5 of the Act;
4. Matters relating to the education and training of executives and employees under subparagraph 3 of Article 5 of the Act;
5. Matters relating to confirmation measures under each subparagraph of Article 5-2 (1) of the Act.
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 Article 6 (Amount of Financial Transactions to be Reported)   print
(1) "Amount determined by Presidential Decree" in Article 4 (1) 1 of the Act means an amount as prescribed by the following subparagraphs: <Amended by Presidential Decree No. 18228, Jan. 20, 2004; Presidential Decree No. 21114, Nov. 11, 2008; Presidential Decree No. 22104, Mar. 23, 2010>
1. Five thousand U.S. dollars or the amount denominated in another currency equivalent thereto, in cases of foreign exchange transactions denominated in foreign currency;
2. Ten million won, in cases of any other financial transaction than those provided for in subparagraph 1.
(2) In calculating the financial transaction amount stipulated in paragraph (1), if there is a difference between the nominal value of assets subject to the financial transaction and the real transaction amount thereof, it shall be computed on a basis of the real transaction amount, and if it is impossible to confirm the amount of the financial transaction because it is the transaction conducted in relation to safe lending business, it shall be deemed the financial transaction the amount of which is less than the amount referred to in paragraph (1).
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 Article 7 (Method for Reporting on Transactions Suspected of Illegal Property, etc.)   print
(1) Any financial institution, etc. which files a report pursuant to Article 4 (1) and (2) of the Act shall report the matters provided for in the following subparagraphs by using documents, electronic recording mediums or other methods prescribed by the Commissioner of the Korea Financial Intelligence Unit according to the form determined by the Commissioner of the Korea Financial Intelligence Unit: <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 22104, Mar. 23, 2010>
1. Name and location of the reporting financial institution, etc.;
2. Date and place of the financial transaction subject to reporting;
3. Other party to the financial transaction subject to reporting;
4. Details of the financial transaction subject to reporting;
5. Reasonable grounds for suspicion under Article 4 (3) of the Act;
6. Other necessary matters prescribed by the Commissioner of the Korea Financial Intelligence Unit to analyze the financial transaction subject to reporting.
(2) When any financial institution, etc. files a report under paragraph (1), it shall keep the relevant report and the data referred to in the subparagraphs of Article 4 (4) of the Act separately with other financial transaction data. In such cases, the said materials may be kept in the form of copies or through microfilm or electronic information processing systems.
(3) The real name provided for in Article 4 (4) 1 of the Act shall refer to the real name (hereinafter referred to as "real name") referred to in the Act on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter referred to as the "Real Name Financial Transactions Act"). <Amended by Presidential Decree No. 19054, Sep. 27, 2005>
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 Article 8 (Provision of Reference Examples for Financial Transactions Subject to Reporting)   print
The Commissioner of the Korea Financial Intelligence Unit may provide financial institutions, etc. with the types of transactions at higher risk of money laundering and financing for terrorism, such as large amount of cash transactions which have neither obvious economic reasonability nor lawful objects, financial transactions conducted through accounts opened in others' names, etc., to help them judge whether their own financial transactions fall under the financial transactions referred to in Articles 4 (1) and (2) and 4-2 (2) of the Act. <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 21114, Nov. 11, 2008>
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 Article 8-2 (Reference Amount Subject to Reporting of Large Cash Transactions)   print
(1) "Amount prescribed by Presidential Decree" in the main body of Article 4-2 (1) of the Act means 20 million won.
(2) The amount referred to in paragraph (1) shall be calculated by adding up the amounts paid or received by financial institutions, etc. according to financial transactions during one business day in the name of the same person: Provided, That in cases where a casino business (hereinafter referred to as "casino business") under subparagraph 1 (n) of Article 2 of the Act engages in making financial transactions falling under subparagraph 2 (c) of the same Article, it shall be calculated based on the amount of money paid or received for each transaction. <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
(3) "Same person's name" in paragraph (2) means the same person's real name.
(4) In adding up the amounts pursuant to paragraph (2), the amounts provided for in the following subparagraphs shall be excluded therefrom:
1. The remittance (including any payment made without using a bankbook) of not more than one million won;
2. The amount of purchase or sale of any foreign currency equivalent to not more than one million won;
3. The amount of receipt or payment of public imposts, etc. determined by the Commissioner of the Korea Financial Intelligence Unit.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 8-3 (Means of Payment Similar to Cash)   print
"Cash-equivalent means of payment prescribed by Presidential Decree" in the main body of Article 4-2 (1) of the Act means a check the face value of which is exceeding one million won out of checks paid or received by a casino business in cases where it engages in making financial transactions falling under subparagraph 2 (c) of Article 2 of the Act: Provided, That the same shall not apply to cases where the casino business records and manages the real name and serial number of a check after identifying the real name while it pays in or receives the check.
[This Article Newly Inserted by Presidential Decree No. 21114, Nov. 11, 2008]
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 Article 8-4 (Financial Institutions Not Subject to Reporting on Cash Transactions in Large Amount, etc.)   print
"Entities prescribed by Presidential Decree" in Article 4-2 (1) 1 of the Act means casino businesses (excluding any casino business governed by the Act on the Management of Public Institutions).
[This Article Newly Inserted by Presidential Decree No. 21114, Nov. 11, 2008]
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 Article 8-5 (Scope of Public Organizations)   print
"Other public organization prescribed by Presidential Decree" in Article 4-2 (1) 2 of the Act means any entity falling under any of the following subparagraphs (excluding financial institutions, etc.): <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
1. Public agencies under the Act on the Management of Public Institutions;
2. Deleted. <by Presidential Decree No. 21114, Nov. 11, 2008>
3. Government-invested research institutions, government-invested research institutions of science and technology, and research councils established under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions and the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
4. Local government-directly operated enterprises, local governmentinvested public corporations and local government public corporations established under the Local Public Enterprises Act;
5. Other juristic persons designated by the Commissioner of the Korea Financial Intelligence Unit, which are invested, contributed or subsidized by the Government pursuant to Acts or directly incorporated pursuant to Acts without any authorization or permission of the competent Minister and are deemed to have no risks of money laundering and financing for terrorism.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 8-6 (Methods for Reporting Cash Transactions in Large Amount, etc.)   print
(1) Any financial institution, etc. which files a report pursuant to Article 4-2 (1) of the Act shall report the matters provided for in the following subparagraphs by using online means, documents, electronic recording mediums or other devices determined by the Commissioner of the Korea Financial Intelligence Unit after the form determined by the Commissioner of the Korea Financial Intelligence Unit:
1. Name and location of the reporting financial institution, etc.;
2. Date and place when and where payment or receipt of cash has been made;
3. Other party to the payment or receipt of cash;
4. Details of the payment or receipt of cash;
5. Other matters prescribed by the Commissioner of the Korea Financial Intelligence Unit as necessary for analyzing the payment or receipt of cash.
(2) The provisions of Article 7 (1) and (2) shall apply mutatis mutandis with respect to the report referred to in Article 4-2 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 8-7 (Designation of Relay Agency, etc.)   print
(1) When the Commissioner of the Korea Financial Intelligence Unit has designated a relay agency (hereinafter referred to as the "relay agency") under Article 4-2 (3) of the Act, he/she shall publicly announce it.
(2) Financial institutions, etc. may report cash transactions in large amount to the Commissioner of the Korea Financial Intelligence Unit through the relay agency.
(3) The Commissioner of the Korea Financial Intelligence Unit may determine the standards for dealing with the business of the relay agency and have such relay agency determine the detailed standards for its operation.
(4) In cases where the head of the relay agency has determined the detailed standards for operation pursuant to paragraph (3), he/she shall notify the Commissioner of the Korea Financial Intelligence Unit of such details without delay.
[This Article Newly Inserted by Presidential Decree No. 21114, Nov. 11, 2008]
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 Article 9 (Notification of Appointment or Dismissal of Employees in Charge of Reporting)   print
When any financial institution, etc. appoints or dismisses any person responsible for reporting under subparagraph 1 of Article 5 of the Act, it shall notify the Commissioner of the Korea Financial Intelligence Unit thereof.
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 Article 10 (Exceptions to Appointment, etc. of Persons Responsible for Reporting)   print
(1) "Entities determined by Presidential Decree" in Article 5 of the Act with the exception of its subparagraphs means each of the following entities: <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 20947, Jul. 29, 2008>
1. Financial securities companies and transfer agency companies under Financial Investment Services and Capital Markets Act;
2. Deleted; <by Presidential Decree No. 19054, Sep. 27, 2005>
3. Collective investment business entities under the Financial Investment Services and Capital Markets Act;
4. Financial holding companies under the Financial Holding Companies Act.
(2) The Commissioner of the Korea Financial Intelligence Unit may exempt the persons referred to in the following subparagraphs in part from the measures provided for in each subparagraph of Article 5 of the Act within the limit of not hampering the efficient prevention of money laundering and financing for terrorism: <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 20947, Jul. 29, 2008; Presidential Decree No. 21114, Nov. 11, 2008>
1. Financial institutions, etc. referred to in subparagraphs 1 through 3, 5, 6 (limited to the National Federation), and 8 through 10 of Article 2;
2. Trust business entities which are engaged only in the real estate trust business from among those trust business entities provided for in the Financial Investment Services and Capital Markets Act;
3. Credit cooperatives and the federation thereof under the Community Credit Cooperatives Act;
4. Credit unions (excluding regional unions) and the National Federation thereof under the Credit Unions Act;
5. Insurance companies which carry mainly on the guarantee insurance and re-insurance business from among those insurance companies provided for in the Insurance Business Act;
6. Korea Federation of Savings Banks under the Mutual Savings Banks Act.
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 Article 10-2 (Coverage, etc. of Duty on Confirmation of Customers)   print
(1) Duty on confirmation (hereinafter referred to as "confirmation of customers") under each subparagraph of Article 5-2 (1) of the Act shall be applicable to financial transactions: Provided, That financial institutions, etc. may be exempt from the duty of confirmation under Article 5-2 (1) 1 of the Act in cases where it is not proper to apply the duty of confirmation of customer due diligence in the nature of a financial transaction or a financial transaction has very less possibility of being exploited for the purposes of money laundering and financing for terrorism determined and publicly announced by the Commissioner of the Korea Financial Intelligence Unit. <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
(2) For the purpose of Article 5-2 (1) 1 of the Act, "opens a new account" means to conclude a contract with financial institutions, etc. for the purpose of commencing the financial transaction provided for in paragraph (1), and "single financial transaction" means the financial transaction conducted without using an account opened with financial institutions, etc.
(3) Where there is any doubt about the confirmation of customers, the financial institution, etc. concerned may verify its authenticity with documents, information or other materials from a trustworthy source. In such cases, the financial institution, etc. concerned shall reflect the materials related to such verification and the methods thereof in the business guidelines provided for in Article 5-2 (1) of the Act to put them into practice. <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 10-3 (Amount of Single Financial Transaction)   print
(1) "Value prescribed by Presidential Decree" in Article 5-2 (1) 1 of the Act means the amount as prescribed by the following subparagraphs: <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
1. Ten thousand U.S. dollars or the amount denominated in another currency equivalent thereto, in the cases of foreign exchange transactions denominated in foreign currency;
2. 20 million won, in the cases of any other financial transactions than provided for in subparagraph 1.
(2) In calculating the financial transaction amount stipulated in paragraph (1), if there is any difference between the nominal value of assets subject to the financial transaction and the real transaction amount thereof, it shall be computed on a basis of the real transaction amount.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 10-4 (Matters Relating to Identity of Other Party to Financial Transaction)   print
"Matters determined by Presidential Decree" in Article 5-2 (1) 1 of the Act means those falling under any of the following subparagraphs:
1. For an individual (including any individual conducting financial transactions while disclosing the fact that he/she is acting for another individual, juristic person or any other organization): Real name, address, contact information (referring to a telephone number and e-mail address; hereinafter the same shall apply);
2. For a profit-making juristic person: Real name, business category, the location of principal office and business place, contact information, and the representative's real name;
3. For a non-profit juristic person or any other organization: Real name, the purpose of its establishment, the location of principal office, contact information, and the representative's real name;
4. For a foreigner or foreign organization: The applicable corresponding matters of subparagraphs 1 through 3, nationality, the location of domestic residence or office.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 10-5 (Procedure for Confirmation of Customers, etc.)   print
(1) Any financial institution, etc. shall confirm a customer''s entitlement before completing financial transactions: Provided, That such confirmation may be made after the financial transactions are conducted if there are any inevitable reasons due to the nature, etc. of the financial transactions, as determined by the Commissioner of the Korea Financial Intelligence Unit.
(2) Any financial institution, etc. may omit the confirmation of customer in cases where it enters into a financial transaction again with the same customer after the confirmation referred to in Article 5-2 (1) 1 of the Act: Provided, That it shall conduct the confirmation of customer again if there is any doubt about gaudiness or propriety of the existing confirmation.
[This Article Newly Inserted by Presidential Decree No. 19054, Sep. 27, 2005]
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 Article 10-6 Deleted. <by Presidential Decree No. 22104, Mar. 26. 2010>   print
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 Article 11 (Notification of Records, etc. of Foreign Exchange Transactions)   print
(1) "Others designated by Presidential Decree" in Article 6 (1) of the Act means the heads of the concentration institutions referred to in Article 21 of the Foreign Exchange Transactions Act (hereinafter referred to as "foreign exchange information concentration institutions"). <Amended by Presidential Decree No. 19054, Sep. 27, 2005>
(2) The scope of data subject to notification pursuant to Article 6 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 20653, Feb. 29, 2008>
1. Records which are permitted by the Governor of the Bank of Korea or reported to the heads of customs offices with respect to the exportation or importation of the means of payment, etc. under Article 17 of the Foreign Exchange Transactions Act;
2. Records which are necessary for the Korea Financial Intelligence Unit to perform its services and determined by the heads of foreign exchange information concentration institutions after consultation with the Minister of Strategy and Finance, from among those concentrated to the heads of foreign exchange information concentration institutions under Article 21 of the Foreign Exchange Transactions Act.
(3) The Governor of the Bank of Korea, the heads of customs offices and the heads of foreign exchange information concentration institutions shall notify, in an electronic document, the Commissioner of the Korea Financial Intelligence Unit of the records referred to in paragraph (2) every month not later than the tenth day of the following month: Provided, That where the Commissioner of the Korea Financial Intelligence Unit determines separately the time, methods, etc. of such notification after consultation with the Governor of the Bank of Korea, the heads of customs offices and the heads of foreign exchange information concentration institutions, respectively, it shall prevail.
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 Article 12 (Providing Certain Financial Transaction Information for Commissioner General of National Police Agency)   print
"Specific information on financial transactions determined by Presidential Decree" in Article 7 (2) of the Act means the specific financial transaction information that meets the standards determined by the Commissioner of the Korea Financial Intelligence Unit in consideration of the amounts of criminal proceeds, the kinds and nature of offenses, the status of offenders, the efficiency of investigation, etc. after consultation with the Prosecutor General and the Commissioner General of the National Police Agency.
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 Article 13 (Request, etc. by Prosecutor General, etc. for Providing Information)   print
(1) When the Prosecutor General, the Commissioner General of the National Police Agency, the Commissioner of the National Tax Service, the Commissioner of the Customs Service, the National Election Commission or the Financial Services Commission intends to request the Commissioner of the Korea Financial Intelligence Unit to provide certain financial transaction information pursuant to Article 7 (4) of the Act, he/she or it shall submit the documents stating the matters provided for in the subparagraphs of paragraph (5) of the said Article directly to the Korea Financial Intelligence Unit: Provided, That in case of emergency, such documents may be submitted by means of post, facsimile or electronic documents. <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 20653, Feb. 29, 2008>
(2) Pursuant to Article 7 (7) of the Act, the Commissioner of the Korea Financial Intelligence Unit shall preserve the matters provided for in the following subparagraphs related to the provision of certain financial transaction information through documents or electronic information processing systems:
1. Positions and names of the staff members of the Korea Financial Intelligence Unit involved in the process of examination, analysis or the provision of information;
2. Names of the institutions provided with certain financial transaction information, and the date of such provision;
3. Institutions whereto the public officials who have received specific financial transaction information belong, and their positions and names;
4. Details of certain financial transaction information offered, and the grounds for such provision.
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 Article 14 (Request for Provision of Records)   print
(1) Records which the Commissioner of the Korea Financial Intelligence Unit may request the head of the administrative agency concerned to provide pursuant to Article 10 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 18228, Jan. 20, 2004; Presidential Decree No. 21114, Nov. 11, 2008>
1. Family register;
2. Electronic information data related to resident registration;
3. Basic matters relating to the business concerned, such as the category of business and the location of the business place;
4. Criminal and investigation history records;
5. Other records deemed by the Commissioner of the Korea Financial Intelligence Unit as necessary after consultation with the head of the administrative agency concerned.
(2) Pursuant to Article 10 (2) of the Act, the Commissioner of the Korea Financial Intelligence Unit may request a credit information concentration institution to provide credit information by means of documents, facsimile, or electronic documents.
(3) The financial transaction information referred to in Article 10 (1) and (2) of the Act shall refer to the information or records provided for in Article 6 of the Enforcement Decree of the Act on Real Name Financial Transactions and Guarantee of Secrecy. <Amended by Presidential Decree No. 19054, Sep. 27, 2005>
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 Article 15 (Inspection)   print
(1) "Others prescribed by Presidential Decree" in Article 11 (3) of the Act means the Minister of Science, ICT and Future Planning, the Minister of Security and Public Administration, the Minister of Trade, Industry and Energy, the Commissioner of the Korea Customs Service, the Administrator of the Small and Medium Business Administration, the President of the National Agricultural Cooperative Federation, the President of the National Federation of Fisheries Cooperatives, the President of the National Forestry Cooperative Federation, the President of the National Credit Union Federation of Korea, and the President of the Korean Federation of Community Credit Cooperative. <Amended by Presidential Decree No. 20653, Feb. 29, 2008; Presidential Decree No. 24435, Mar. 23, 2013>
(2) The entrustment of tasks by the Commissioner of the Korea Financial Intelligence Unit pursuant to Article 11 (1) and (2) of the Act, as prescribed in paragraph (3) of the said Article, shall be made according to the following subparagraphs: <Amended by Presidential Decree No. 19054, Sep. 27, 2005; Presidential Decree No. 20653, Feb. 29, 2008; Presidential Decree No. 21480, May 6, 2009; Presidential Decree No. 22493, Nov 15, 2010; Presidential Decree No. 24435, Mar. 23, 2013>
1. The Minister of Science, ICT and Future Planning: Postal offices under the Postal Savings and Insurance Act;
2. The Minister of Security and Public Administration: The Korean Federation of Community Credit Cooperatives under the Community Credit Cooperatives Act;
3. The Minister of Trade, Industry and Energy: Specialized corporate restructuring companies registered pursuant to Article 14 of the Industrial Development Act (referring to the Industrial Development Act before wholly amended by Act No. 9584) and corporate restructuring associations registered pursuant to Article 15 of the same Act;
4. The Commissioner of the Customs Service: Foreign currency exchange businesses working within treaty ports from among those under Article 8 (4) of the Foreign Exchange Transactions Act;
5. The Administrator of the Small and Medium Business Administration: The small and medium enterprise start-up investment companies and small and medium enterprise start-up investment associations under the Support for Small and Medium Enterprise Establishment Act;
6. The Governor of the Bank of Korea: Foreign currency exchange businesses under Article 8 (4) of the Foreign Exchange Transactions Act with the exception of foreign currency exchange businesses working within treaty ports;
7. The Governor of the Financial Supervisory Service: Financial institutions, etc. provided for in the following items:
(a) The Korea Development Bank, the Export-Import Bank of Korea, the Industrial Bank of Korea and banks under the Banking Act;
(b) Financial institutions, etc. referred to in subparagraph 1 (b) through (d), (i) through (k) and (m) of Article 2 of the Act;
(c) Financial institutions, etc. provided for in subparagraphs 3 through 5 and 7 of Article 2;
(d) The National Agricultural Cooperative Federation under the Agricultural Cooperatives Act, the Fisheries Cooperative Federation under the Fisheries Cooperatives Act, the National Credit Union Federation under the Credit Unions Act, and the Forestry Cooperative Federation under the Forestry Cooperatives Act;
8. The President of the National Agricultural Cooperative Federation: cooperatives under the Agricultural Cooperatives Act;
9. The President of the National Federation of Fisheries Cooperatives: cooperatives under the Fisheries Cooperatives Act;
10. The President of the National Forestry Cooperative Federation: forestry cooperatives under the Forestry Cooperatives Act;
11. The President of the National Credit Union Federation of Korea: credit unions under the Credit Unions Act;
12. The President of the Korean Federation of Community Credit Cooperative: credit cooperatives under the Community Credit Cooperatives Act.
(3) The head of an institution entrusted with the tasks under paragraph (2) (hereinafter referred to as "entrusted institution") may, when necessary to carry out the entrusted tasks, determine the standards, plans, procedures, etc. for inspection and the measures to be taken as the result of such inspection.
(4) The head of the entrusted institution shall, when he/she has determined the standards, plans, procedures, etc. for the inspection and the measures to be taken as the result of such inspection under paragraph (3), notify the Commissioner of the Korea Financial Intelligence Unit thereof.
(5) The Commissioner of the Korea Financial Intelligence Unit may, when necessary to efficiently perform the tasks of inspecting financial institutions, etc., have the staff members of the Korea Financial Intelligence Unit provide necessary support to the entrusted institution in performing the tasks of inspection after consultation with the head of the entrusted institution.
(6) The head of the entrusted institution shall, when he/she has conducted an inspection, notify the Commissioner of the Korea Financial Intelligence Unit of the results thereof (including the results of measures taken after such inspection).
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 Article 16 (Processing of Sensitive Information and Identification Information)   print
If the Commissioner of the Korea Financial Intelligence Unit (including persons to whom the authority of the Commissioner of the Korea Financial Intelligence Unit is entrusted pursuant to Article 11 (6) of the Act) deems it inevitable for executing the following administrative affairs, he/she may process information containing criminal records defined in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing a resident registration number, a passport number, a driver license number, or a foreigner registration number defined in Article 19 of the same Decree:
1. Administrative affairs regarding the reporting of transactions suspected as transactions of illegal assets, etc. under Article 4 of the Act;
2. Administrative affairs regarding the reporting of large cash transactions by financial companies, etc. under Article 4-2 of the Act;
3. Administrative affairs regarding the notification of data, etc. about foreign exchange transactions under Article 6 of the Act;
4. Administrative affairs regarding the provision of information to investigation authorities, etc. under Article 7 of the Act;
5. Administrative affairs regarding the exchange, etc. of information with foreign financial intelligence services under Article 8 of the Act;
6. Administrative affairs regarding the requests, etc. for providing information under Article 10 of the Act;
7. Administrative affairs regarding the supervision and examination under Article 11 of the Act.
[This Article Newly Inserted by Presidential Decree No. 24317, Jan. 16, 2013]
ADDENDUM
This Decree shall enter into force on November 28, 2001.
ADDENDA <Presidential Decree No. 17791, Dec. 5, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 18228, Jan. 20, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19054, Sep. 27, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8-2 through 8-4 and 10-2 through 10-6 shall take effect on January 18, 2006.
(2) (Special Cases concerning Reference Amount Subject to Reporting of Large Cash Transactions) With respect to the reference amount of large cash transactions which should be reported by financial institutions, etc. (excluding a casino business) to the Commissioner of the Korea Financial Intelligence Unit, it shall be 50 million won from January 18, 2006 until December 31, 2007, and 30 million won from January 1, 2008 until December 31, 2009, notwithstanding the amended provisions of Article 8-2 (1). <Amended by Presidential Decree No. 21114, Nov. 11, 2008>
ADDENDA <Presidential Decree No. 20653, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees which are amended under Article 2 of the Addenda, the amended part of Presidential Decree promulgated prior to the enforcement of this Decree, but its enforcement date has not arrived, shall enter into force on the enforcement date of the relevant Presidential Decree respectively.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDUM <Presidential Decree No. 21114, Nov. 11, 2008>
This Decree shall enter into force on December 22, 2008: Provided, That the title of this Decree and the amended provisions of Article 3 (excluding paragraph (2)), 4, 6, 7, 8-5 (excluding subparagraph 5), 10-2 (3), 10-3, 14 and 16 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21480, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 8, 2009.
Articles 2 through 3 Omitted.
ADDENDUM <Presidential Decree No. 22104, Mar. 26, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (1) shall enter into force on June 30, 2010.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24435, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.