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FOREIGN TRADE ACT

FOREIGN TRADE ACT


INTRODUCTION


Details of Enactment and Amendment

- Enactment: This Act was enacted on December 31, 1986 as Act No. 3895, repealing the previously enforced Trade Transaction Act, Promotion of Industrial Equipment Export Act, and Export Cooperatives Act, in order to introduce advanced trade systems such as that for maintaining order in importation-exportation and that for realizing fair trade and to prepare the systems and procedures for providing timely relief for the damages to domestic industries following the opening of the market to imports.
- Amendment: This Act was wholly amended in 1996 after its enactment and has taken its present form after being amended nine times since its whole amendment.


Main Contents

- The "trade" is defined as exports and imports of goods, such services as prescribed by the Presidential Decree, or immaterial goods of electronic forms having economic value, and the concept of "electronic trade" is introduced to describe any trade implemented in whole or in part by means of information and communications networks, etc.
- The Minister of Commerce, Industry and Energy shall make efforts to promote electronic trade by designating an electronic trade agency from among institutions, corporations and organizations which provide any service necessary for electronic trade, such as the recommendation of trade through information and communications networks and the education and publicity of electronic trade and by supporting that electronic trade agency.
- Exports and imports of goods and the subsequent collection and payment of their costs shall be free in general, but, as an exception, approval of the Minister of Commerce, Industry and Energy is required for the goods necessary for carrying out the duties under treaties and the generally accepted international laws and regulations and for preserving biological resources.
- The Minister of Commerce, Industry and Energy shall make efforts to establish systems for scientific administration of trade functions, for example, an electronic data interchange system, so that the export and import transactions can be carried out efficiently.
- When there is an application from a person who intends to export industrial equipment, the Minister of Commerce, Industry and Energy may approve the export of the industrial equipment in question.
- A person who intends to export/import the goods with regard to which the Minister of Commerce, Industry and Energy has given a public notice as requiring marks of their places of origin so as to promote a fair trade order shall indicate the place of origin on those goods.
- A trader shall not commit any act that disturbs the good order in importation and exportation, such as exportation/importation of goods that violate patent rights and copyrights, etc. or fraudulent indication of the place of origin.
- A corrective measure, such as the recovery of the original state, may be ordered against, or a penalty charge not exceeding thirty million won may be imposed on, a person who commits an unfair trade act, such as the act of damaging or modifying the mark of the place of origin, and a person who fails to comply with an order of corrective measure shall be criminally punished by imprisonment for no more than three years or by fine of no more than thirty million won.


For Further Information, Please Contact :

- Ministry of Commerce, Industry and Energy
Trade Policy Division
Tel : (82-2)-503-9432 Fax : (82-2)-502-1754

- Website : www.mocie.go.kr





FOREIGN TRADE ACT



Wholly Amended by Act No. 5211, Dec. 30, 1996
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5551, Sep. 16, 1998
Act No. 5768, Feb. 5, 1999
Act No. 5815, Feb. 5, 1999
Act No. 5825, Feb. 8, 1999
Act No. 6305, Dec. 29, 2000
Act No. 6316, Dec. 29, 2000
Act No. 6417, Feb. 3, 2001
Act No. 6977, Sep. 29, 2003




CHAPTER I GENERAL PROVISIONS


Article 1 (Purpose)

The purpose of this Act is to contribute to the growth of the national economy by means of contriving to maintain the balance of international payments and to expand commerce, and through promoting foreign trade and establishing fair trade system.



Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:
1. The term "trade" means the exportation and importation of goods, services, or immaterial goods of electronic forms (hereinafter referred to as the "goods") as prescribed by the Presidential Decree;
2. The term "goods" means movables other than documents evidencing means of payment, securities, and claims as prescribed by the Foreign Exchange Control Act;
3. The term "trader" means any person who delegates all or part of the exportation or importation of goods, etc. to other persons or who engages therein, such as an exporter or importer, a person who is delegated by an overseas exporter or importer, and a person who delegates the exportation or importation of goods to other persons;
4. and 5. Deleted; and <By Act No. 6316, Dec. 29, 2000>

6. The term "electronic trade" means all or part of any such trade as implemented by means of apparatus having the information processing capability, such as a computer, and networks of information and communications.


Article 3 (Principle of Free and Fair Trade, etc.)

(1) Trade in the Republic of Korea shall be based on the principle of free and fair trade in accordance with the treaties concerning trade which are concluded and promulgated under the Constitution and the generally accepted international rules.
(2) When there are provisions which restrict trade in this Act, other Acts, treaties on trade which are concluded and promulgated under the Constitution, or the generally accepted international rules, the Government shall apply the restrictions within the minimum limits necessary for achieving the purposes of such restrictions.


Article 4 (Measures for Promotion of Trade)

(1) The Minister of Commerce, Industry and Energy may, if deemed necessary for the promotion of trade, take measures to continuously increase the export and import of goods, etc. in accordance with the Presidential Decree.
(2) The Minister of Commerce, Industry and Energy may provide supports for a person falling under any one of the following subparagraphs in accordance with the Presidential Decree when it is deemed to be necessary for the promotion of trade provided for in the provisions of paragraph (1):
1. A person dealing with a business of advice, guidance, overseas advertisement, exhibition, training, consulting and good offices, etc. for the purpose of the promotion of trade;
2. A person dealing with a business of installing or operating a trade exhibition hall or a trade training center, etc.; or
3. A person dealing with a business of establishing or operating the system of scientific administration of trade matters.



Article 5 (Special Measures such as Restrictions on Trade, etc.)

In any case falling under any of the following subparagraphs, the Minister of Commerce, Industry and Energy may restrict or prohibit the export and import of goods, etc. in accordance with the Presidential Decree:
1. Where the Republic of Korea or her trade partner (hereinafter referred to as the "trade partner") is involved in war, or natural disaster;
2. Where a trade partner denies rights and benefits of the Republic of Korea recognized by treaties and the generally accepted international rules;
3. Where a trade partner imposes unfair or discriminatory burdens or restrictions upon the trade of the Republic of Korea;
4. Where it is necessary to perform duties for the maintenance of international peace and security provided for in treaties on trade concluded and promulgated under the Constitution and the generally accepted international rules; or
5. Where it is necessary for the protection of life, health and safety of human beings, life and health of animals or plants, preservation of the environment, or domestic resources.



Article 6 (Consultation, etc. as to Acts or Subordinate Statutes, etc. on Trade)

(1) Trade shall be governed by this Act.
(2) Where the head of the administrative agency concerned intends to enact or amend Acts and subordinate statutes, directives or public notices by which the export and import of goods, etc. are restricted (hereinafter referred to as the "guidelines of export and import"), he shall, in advance, consult with the Minister of Commerce, Industry and Energy. In this case, the Minister of Commerce, Industry and Energy may request the head of the administrative agency concerned to adjust the guidelines of export and import.



Article 7 Deleted. <By Act No. 5768, Feb. 5, 1999>



CHAPTER II PROMOTION OF COMMERCE



Article 8 (Establishment of Plans for Promotion of Commerce)

(1) The Minister of Commerce, Industry and Energy shall annually establish plans for the promotion of commerce in the following year in order to promote trade and commerce.
(2) Plans for the promotion of commerce under the provisions of paragraph (1) shall contain matters falling under the following subparagraphs:
1. Basic direction of plans for the promotion of commerce;
2. Analysis and forecast of international commerce conditions;
3. Action plans for trade related negotiations and overseas industrial cooperation;
4. Plans to support exploration of foreign markets such as advice, guidance, overseas advertisement, exhibition, consulting and good offices, and training of professional manpower, etc. for the promotion of commerce;
5. Schemes for collection, analysis, and use of information concerning commerce; and
6. Other matters set forth in the Presidential Decree.
(3) In order to collect basic materials necessary for the establishment of plans for the promotion of commerce under the provisions of paragraph (1), the Minister of Commerce, Industry and Energy may investigate systems, practices, etc. concerning commerce of trade partners, and difficulties for Korean companies doing business overseas.
(4) The Minister of Commerce, Industry and Energy may request that Korean companies doing business overseas provide necessary materials for the establishment of plans for the promotion of commerce under the provisions of paragraph (1), and, if necessary, may take supporting measures.
(5) In establishing plans for the promotion of commerce under the provisions of paragraph (1), the Minister of Commerce, Industry and Energy shall seek, in advance, opinions from the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors (hereinafter referred to as the "Mayor/Do governor"), and shall give notice of such plans to the Mayor/Do governors after the establishment of plans for the promotion of commerce. The same shall also apply in case of changing the plans.
(6) The Mayor/Do governor shall establish and implement appropriate plans for the promotion of commerce in each jurisdictional area, when he or she receives the notice of plans for the promotion of commerce under the provisions of paragraph (5).
(7) The Mayor/Do governor shall give notice of such plans to the Minister of Commerce, Industry and Energy, when he or she has established plans for the promotion of commerce in each jurisdictional area under the provisions of paragraph (6). The same shall also apply in case of changing the plans.



Article 9 (Assistance, etc. to Cooperative Activities by Private Sectors)

(1) When the Administrative Organs or organizations concerning trade and commerce conduct cooperative activities in commerce, industry, technology, energy, etc. with the Government, local governments and organs, or organizations of trade partners, the Minister of Commerce, Industry and Energy may provide necessary assistance in accordance with the Presidential Decree.
(2) In order to assist companies to explore foreign markets, the Minister of Commerce, Industry and Energy may provide necessary information for local governments and companies by systematically collecting and analyzing information from the bodies or organizations concerning trade and commerce.



Article 9-2 (Designation of General Trading Companies, etc.)

(1) The Minister of Commerce, Industry and Energy may designate general trading companies among traders in order to explore overseas markets, diversify trade functions, and support trade activities of small and medium enterprises through allying to small and medium enterprises.
(2) The Minister of Commerce, Industry and Energy may designate the specialized trading companies from among the traders in order to support the products of the state-of-the-art industry in making inroads into the overseas markets.
(3) Matters necessary for the standards and procedures for designation under paragraphs (1) and (2) shall be determined by the Presidential Decree.
(4) When any general trading company or specialized trading company designated pursuant to paragraphs (1) and (2) comes to fail to meet the standards for designation under paragraph (3), the Minister of Commerce, Industry and Energy may revoke such designation.



CHAPTER II-2 PROMOTION OF ELECTRONIC TRADE



Article 9-3 (Establishment and Execution of Comprehensive Policy for Promotion of Electronic Trade)

(1) The Minister of Commerce, Industry and Energy shall, in order to promote the electronic trade, establish and execute a comprehensive policy on the electronic trade including the matters falling under any of the following subparagraphs:
1. Fundamental direction of comprehensive policy on electronic trade;
2. Matters concerning the promotion of automatization of trade affairs;
3. Matters concerning the international cooperation related to electronic trade;
4. Plans for collection, analysis and utilization of statistic data on electronic trade;
5. Matters concerning the conciliation of disputes among traders related to electronic trade; and
6. Other necessary matters for the promotion of electronic trade.
(2) The Minister of Commerce, Industry and Energy may, in order to execute a comprehensive policy on electronic trade under paragraph (1), render the necessary assistance to an agency or organization carrying out the business concerning electronic trade.



Article 9-4 (Designation, etc. of Agencies of Electronic Trade)

(1) The Minister of Commerce, Industry and Energy may, in order to efficiently support and expand the electronic trade by traders, designate the institutions, corporations or organizations satisfying the criteria such as technology capability, which are prescribed by the Presidential Decree as agencies for electronic trade, from among those carrying out the business falling under any of the following subparagraphs, and may render the necessary assistance:
1. Intercession of trade through the network of information and communications, or delivery of documents of electronic trade;
2. Education, publicity and consultation for traders related to electronic trade;
3. Assistance for standardization of electronic trade documents; and
4. Other businesses for the promotion of electronic trade as prescribed by the Presidential Decree.
(2) The application and procedure for the designation of agencies for electronic trade under paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree.



Article 9-5 (Revocation of Designation of Agencies for Electronic Trade)


The Minister of Commerce, Industry and Energy may, in case those agencies for electronic trade which are designated under Article 9-4 fall under any of the following subparagraphs, revoke such designation: Provided, That he shall revoke the designation in any case falling under subparagraph 1:
1. Where said agencies are designated by any fraud or other unjustifiable means; or

2. Where said agencies fail to satisfy the designation criteria under Article 9-4 (1).



CHAPTER III TRANSACTIONS OF EXPORT OR IMPORT

SECTION 1 Deleted.


Articles 10 through 12 Deleted. <By Act No. 6316, Dec. 29, 2000>


SECTION 2 General Provisions on Transactions of Exports or Imports



Article 13 (Principles of Export or Import)

(1) Subject to the purpose of this Act, the export and import of goods, etc. and the collection and payment of the price thereof shall be made freely.
(2) A trader shall carry out the transactions concerned in good faith under his or her own responsibility in order to maintain a good order in a free trade system including security of a certain level of overseas credit.



Article 14 (Restrictions, etc. on Export and Import)

(1) The Minister of Commerce, Industry and Energy may restrict or prohibit exports and imports of goods, etc. where deemed necessary to carry out duties under the treaties concluded and promulgated under the Constitution of the Republic of Korea and the generally accepted international laws and regulations, and to preserve living resources.
(2) Any person, who intends to export or import goods, etc. as designated by the Minister of Commerce, Industry and Energy in order to perform duties in accordance with treaties concluded and promulgated under the Constitution of the Republic of Korea and the generally accepted international laws and regulations as well as to preserve living resources, shall obtain the approval of the Minister of Trade, Industry and Energy: Provided, That this shall not apply to the export and import of goods, etc. satisfying the standards as prescribed by the Presidential Decree, such as goods, etc. the export or import of which is urgent, or other goods the export or import procedures of which need to be simplified.
(3) Any person who intends to change important matters set forth in the Presidential Decree among those approved under the provisions of paragraph (2) shall seek approval of changes from the Minister of Commerce, Industry and Energy, and any other person who intends to change minor matters shall notify the Minister of Commerce, Industry and Energy.
(4) The Minister of Commerce, Industry and Energy may, if deemed necessary, restrict the quantity, price, standard, and export or import area according to each item of goods, etc. which are subject to any approval under paragraphs (1) and (2).
(5) When the Minister of Commerce, Industry and Energy has determined any restriction, prohibition, approval, report, limitation, and procedures therefor pursuant to paragraphs (1) through (4), he shall give public notice thereof.

(6) Any person who obtains an export permission or an export approval under the provisions of Article 21 or 22 shall be deemed to have obtained export approval under the provisions of paragraph (2).



Article 15 (Consolidated Public Notice)

(1) In enacting or revising guidelines of exports or imports, the head of the Administrative Organ concerned shall submit the guidelines of exports or imports to the Minister of Commerce, Industry and Energy so that the public notice on the guidelines of exports and imports concerned may be given under the provisions of paragraph (2) before the entry into force of the guidelines.
(2) The Minister of Commerce, Industry and Energy shall give public notice after consolidating such guidelines of exports or imports as submitted under the provisions of paragraph (1).



Article 16 (Recognition, etc. of Specific Form of Transactions)

(1) The Minister of Commerce, Industry and Energy may recognize any specific form of export or import transactions of goods, etc. as provided by the Presidential Decree, so as to facilitate the export or import of those goods, etc.
(2) Deleted. <By Act No. 6316, Dec. 29, 2000>
(3) If the Minister of Finance and Economy intends to determine the methods of settlement of trade account pursuant to Acts and subordinate statutes related to foreign exchange transactions, he shall, in advance, consult with the Minister of Commerce, Industry and Energy.



Article 17 (Confirmation of Exemption from Export or Import Approval)


The Minister of Commerce, Industry and Energy shall confirm whether or not goods, etc. exported or imported without approval (limited to goods, etc. falling under the main sentence of Article 14 (2)) fall under those as referred to in the proviso of Article 14 (2).



Article 18 (Establishment of System of Scientific Administration of Trade Affairs)

(1) The Minister of Commerce, Industry and Energy shall make efforts to establish a system of scientific administration of trade affairs such as electronic data interchange system so that the export and import trade of goods, etc. can be carried out systematically and efficiently.
(2) The Minister of Commerce, Industry and Energy may, if deemed necessary to establish a system of scientific administration of trade affairs under paragraph (1), request the head of the administrative agency concerned to provide information on the export or import trade of goods, etc., such as customs clearance records. In this case, the head of the administrative agency concerned shall comply with such request.
(3) The head of the administrative agency concerned may, if deemed necessary for the enforcement of this Act, make a request for information on the export or import trade of goods, etc. gathered under paragraphs (1) and (2). In this case, the Minister of Commerce, Industry and Energy shall comply with such request.


SECTION 3 Import, Purchase, etc. of Raw Materials or Equipments for Obtaining Foreign Exchange



Article 19 (Approval, etc. of Import of Raw Materials or Equipments for Obtaining Foreign Exchange)


(1) The Minister of Commerce, Industry and Energy may choose not to apply the provisions of Article 14 (4) to the import of goods, etc. (hereinafter referred to as the "raw materials or equipments") which are used to obtain foreign exchange, such as raw materials, facilities or equipments: Provided, That this shall not apply if deemed necessary to promote the use of raw materials or equipments made in Korea.
(2) The Minister of Commerce, Industry and Energy may determine and publicly announce the categories, items and quantity of raw materials or equipments as referred to in paragraph (1).

(3) A person who imports, or entrusts importation of materials or equipment pursuant to paragraph (1), shall obtain foreign currency equivalent to the amount of such imports: Provided, That where he obtains approval from the Minister of Commerce, Industry and Energy pursuant to Article 20, this shall not apply.
(4) The extent, period and verification method of obtainment of foreign exchange under paragraph (3) and other necessary matters shall be prescribed by the Presidential Decree.



Article 20 (Use, etc. of Raw Materials or Equipments for Purposes Other than Those of Obtaining Foreign Exchange)


(1) Where a person who imports raw materials or equipments under Article 19 (1) intends to use the imported raw materials or equipments, or products made of those raw materials or made by those equipments, for purposes other than those for which they have been originally imported, due to any unavoidable cause, he shall obtain approval from the Minister of Commerce, Industry and Energy in accordance with the Presidential Decree: Provided, That this shall not apply to raw materials or equipments as prescribed by the Presidential Decree, or products made of such raw materials or made by such equipments.

(2) Where a person intends to transfer materials or equipment imported pursuant to Article 19 (1), or manufactured goods, etc. made of such materials or made by the equipment, to a person who wants to use or export them for purposes other than those for which such materials or equipment has been originally imported, both of them shall seek approval from the Minister of Commerce, Industry and Energy: Provided, That for such materials or equipment, or any goods etc. made of such materials or by such equipment as determined by the Presidential Decree, this shall not apply.

(3) The provisions of Article 19 (3) and (4) shall apply mutatis mutandis to a person who, under paragraph (2) of this Article, obtains by transfer raw materials or equipments, or products made of said raw materials or made by said equipments.


Article 20-2 (Issuance of Certificate of Purchase etc.)


(1) Where any person who intends to purchase the materials or equipment for obtaining foreign currency files an application for certification, in order to obtain an application of the zero tax rate under Article 11 (1) 4 of the Value-Added Tax Act, the Minister of Commerce, Industry and Energy may issue the document certifying that it is for a purchase of materials or equipment for obtaining foreign currency (hereinafter referred to as the certificate of purchase ).
(2) For the person who has received an issuance of the certificate of purchase, the Minister of Commerce, Industry and Energy shall make an ex post facto management of whether any purchase of materials or equipment has been made.
(3) Matters necessary for an application for certificate for purchase, procedures for issuance, and ex post facto management, etc. under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.


SECTION 4 Export or Import of Strategic Goods



Article 21 (Export Permission, etc. of Strategic Goods)

(1) The Minister of Commerce, Industry and Energy may, if deemed necessary for the maintenance of international peace and security as well as the national security, impose restrictions on that person who intends to export such goods, etc. as determined and publicly announced by the Minister of Commerce, Industry and Energy (hereinafter referred to as the "strategic goods"), including such export permission as granted by the head of the administrative agency concerned, or issue an import certificate if any other person who intends to import the strategic goods makes an application therefor.
(2) Any person who intends to obtain a certification of whether the goods etc. intended for export fall under the strategic materials, may file an application for the judgment thereon with the Minister of Commerce, Industry and Energy or the head of related administrative agency.
(3) Necessary matters for the restrictions on the export of strategic goods and the issuance of an import certificate thereof under paragraph (1) shall be determined and publicly announced by the Minister of Commerce, Industry and Energy.
(4) The public announcement under paragraph (3) shall include such matters concerning strategic goods as prescribed in the following subparagraphs:
1. Items, technology and standards;
2. Areas where the export is restricted;
3. Procedures for export permission or import certificate issuance; and
4. Other matters concerning the export and import.
(5) Matters necessary for the procedures for application for a judgment on whether or not to fall under the strategic materials, and judgment, etc. under paragraph (2), shall be prescribed by the Presidential Decree.


Article 21-2 (Construction and Operation of Information System of Export and Import of Strategic Materials)

(1) The Minister of Commerce, Industry and Energy may construct and operate the information system of export and import of strategic materials jointly with the heads of related administrative agencies and the heads of corporations or organizations prescribed by the Presidential Decree, in order to collect and analyze the information necessary for controlling the export and import of strategic materials.
(2) Matters necessary for the construction and operation of the information system of export and import of strategic materials under paragraph (1), shall be prescribed by the Presidential Decree.


SECTION 5 Plant Export



Article 22 (Approval, etc. of Plant Export)

(1) When a person intending to export what falls under the following subparagraphs (hereinafter referred to as the "plant export") applies for export approval, the Minister of Commerce, Industry and Energy may approve the plant export in accordance with the Presidential Decree. The same shall also apply to the change of the approved matters:
1. Plant export of not less than a level specified by the Minister of Commerce, Industry and Energy among facilities set forth in the Presidential Decree, and among equipment and installation to be installed to conduct a business of agriculture, forestry, fishing, mining, manufacture, electricity, gas and water supply, transportation, ware-housing, broadcasting and telecommunications; or
2. Exports of plant, technical services, and construction in package (hereinafter referred to as the "turnkey contract exports").
(2) The Minister of Commerce, Industry and Energy shall seek opinions from the head of the Administrative Organ concerned as to the appropriateness of plant exports, when it is deemed to be necessary to decide to approve or approve the change under the provisions of paragraph (1). In this case, the head of the Administrative Organ shall give, without delay, opinions to the Minister of Commerce, Industry and Energy, unless there are justifiable reasons.
(3) The Minister of Commerce, Industry and Energy shall seek in advance the consent of the Minister of Labor and the Minister of Construction and Transportation, when he intends to give approval or modified approval to turnkey contract exports. In this case, it is deemed that a report has been made on the offer of overseas employment pursuant to the Employment Security Act where the consent of the Minister of Labor is obtained.
(4) As to exports of construction services or civil engineering sectors in the form of turnkey contract exports, the Minister of Commerce, Industry and Energy may approve or approve the change only for the contractors performing overseas construction under the Overseas Construction Promotion Act.
(5) When the Minister of Commerce, Industry and Energy approves plant export or its change under the provisions of paragraph (1), the Minister of Commerce, Industry and Energy shall give notice, without delay, to the head of the Administrative Organ concerned.
(6) A person who intends to export plants may organize projects for market research, information exchange, reception of orders, and cooperative undertakings as to such exports. In this case, the Minister of Commerce, Industry and Energy may designate organs or associations concerning plant exports and make them carry out activities for the promotion of those projects.


SECTION 6 Indication of Origin, etc.



Article 23 (Indication of Origin of Exported or Imported Goods, etc.)

(1) In cases where the Minister of Commerce, Industry and Energy gives public notice on goods, etc. which are required to have marks of origin so as to maintain the fair trade order and to protect the consumers (hereinafter referred to as the goods requiring the mark of origin ), any person intending to export or import those goods, etc. shall mark the origin of those goods.
(2) The indication method and confirmation of origin under paragraph (1) and other necessary matters therefor shall be prescribed by the Presidential Decree.
(3) Any trader or seller of goods, etc. shall not take an act falling under any of the following subparagraphs: Provided, That the provisions of subparagraph 3 shall apply only to traders:
1. Act of giving any false or misleading indication of origin;
2. Act of damaging or modifying the indication of origin; or
3. Act of not indicating the origin on the goods requiring such indication.
(4) The Minister of Commerce, Industry and Energy may, if deemed necessary to confirm whether or not to violate the provisions of paragraphs (1) through (3), inspect the imported goods, etc. and the relevant documents as prescribed by the Presidential Decree.
(5) The Minister of Commerce, Industry and Energy may, in case any person takes any act of violating the indication method of origin under paragraph (2) or the provisions of paragraph (3), order him to take corrective measures as prescribed by the Presidential Decree, such as restoration, or impose a penalty surcharge not exceeding thirty million won.
(6) The amount of penalty surcharge according to the classification and gravity of violations subject to the imposition of such penalty surcharge under paragraph (5), and other necessary matters shall be prescribed by the Presidential Decree.
(7) In case a person upon whom the penalty surcharge is imposed under paragraph (5) fails to pay it within the period of such payment, the Minister of Commerce, Industry and Energy may collect it by referring to the practices of dispositions on default of national taxes.



Article 24 (Ruling etc. on Origin)

(1) The Minister of Commerce, Industry and Energy may, if deemed necessary, rule on the origin of exported or imported goods, etc.
(2) The standards for the ruling of origin shall be determined and publicly announced by the Minister of Commerce, Industry and Energy in accordance with the Presidential Decree.
(3) A trader or a seller of goods, etc. may request the Minister of Commerce, Industry and Energy to rule on the origin of exported or imported goods, etc.
(4) The Minister of Commerce, Industry and Energy shall, if requested under paragraph (3), rule on the origin of the goods, etc. in question and inform the requesting person.
(5) Where a person who is informed under paragraph (4) is dissatisfied with the ruling on the origin, he or she may raise an objection to the Minister of Commerce, Industry and Energy within 30 days after being so informed.
(6) Where an objection is raised under paragraph (5), the Minister of Commerce, Industry and Energy shall announce a decision on the objection within 150 days after the receipt thereof.
(7) Matters necessary for the procedures of ruling on origin, such as the request therefor or the raising of objection, shall be prescribed by the Presidential Decree.


Article 24-2 (Criteria for Assessment of Origin of Domestic Products etc. Using Imported Materials)


(1) Where the Minister of Commerce, Industry and Energy deems it necessary to maintain the fair trade order and to protect the consumers, he may determine the criteria for assessment of origin for the products etc. that have been produced domestically by using the imported materials, and distributed and sold domestically (hereafter in this Article, referred to as the domestically produced goods etc. ) by holding a consultation with the head of related administrative agency: Provided, That the same shall not apply to the case where other Acts and subordinate statutes prescribe the different criteria for the domestically produced goods, etc.
(2) When the Minister of Commerce, Industry and Energy has determined the criteria for assessment of origin for the domestically produced goods etc. under paragraph (1), he shall give a public notice thereof.



Article 25 (Submission of Certificates of Origin of Imported Goods, etc.)

(1) The Minister of Commerce, Industry and Energy may, if deemed necessary to confirm the origin, have a person who intends to import the goods, etc. submit a certificates of origin which is issued by the Government of a country in which said goods, etc. are produced or shipped.
(2) Necessary matters concerning the submission of a certificate of origin or the confirmation thereof under paragraph (1) shall be prescribed by the Presidential Decree.



Article 25-2 (Issuance of Certificate of Origin of Export Goods, etc.)

(1) Any person who intends to receive an issuance of the certificate of origin of export goods, for an enforcement of the treaties concerning trade which are concluded and promulgated under the Constitution and the generally accepted international laws and regulations, or upon a request of trader in the trade partner country, shall file an application for issuance of the certificate of origin with the Minister of Commerce, Industry and Energy. In such case, the fees shall be paid.
(2) Issuance criteria and issuance procedure of the certificate of origin under paragraph (1), and the effective period, fees, and other matters necessary for the issuance, shall be prescribed by the Presidential Decree.



CHAPTER 4 MEASURES TO RESTRICT IMPORT

SECTIONS 1 Measures to Restrict Import Volume



Article 26 (Measures to Restrict Import Volume)


(1) Where it is confirmed by the investigations of the Korean Trade Commission under Article 27 of the Investigation on Unfair Trade and Relief of Industrial Damage Act (hereinafter referred to as the Korean Trade Commission ) that the domestic industry which produces the same kind of goods or the directly competitive goods (hereafter in this Article, referred to as the domestic industry ) suffers or is likely to suffer a serious damage (hereafter in this Article, referred to as the serious damage etc. ) due to an increase of imports of specific goods, and the measures to relieve the serious damage etc. are recommended, and when deemed that it is necessary to protect the relevant domestic industry, the Minister of Commerce, Industry and Energy may take the measures to restrict the import volume of goods (hereinafter referred to as the measures to restrict import volume ) within the limit necessary for preventing or recovering the serous damage etc. to the domestic industry of relevant goods, or for promoting the adjustments.
(2) The Minister of Commerce, Industry and Energy shall determine wether or not to take the measures to restrict the import volume and their details, by taking account of the recommendation of the Korean Trade Commission, necessity of protection of the relevant domestic industry, relations of the international trading, compensation levels for taking the measures to restrict the import volume, and impacts to the national economy, etc.
(3) When the Government intends to take the measures to restrict the import volume, it may hold a consultation with the interested counties on the proper compensation for trades, with regard to the negative effects of the measures to restrict the import volume.
(4) The measures to restrict the import volume shall apply only to the goods to be imported after the date of taking the said measures.
(5) The period for applying the measures to restrict the import volume shall not exceed four years.
(6) The Minister of Commerce, Industry and Energy shall give a public notice of the goods subject to the measures to restrict the import volume, their volumes, and the application period, etc.
(7) When the Minister of Commerce, Industry and Energy deems it necessary for making decisions on whether or not to take the measures to restrict the import volume, he may request the heads of related administrative agencies and the interested parties, etc. to render the necessary cooperations, such as furnishing the related data.

(8) For the goods subject to the measures to restrict the import volume, or to the emergency tariff under Article 65 of the Customs Act (hereinafter referred to as the emergency tariff ) and the provisional emergency tariff under Article 66 of the same Act (hereinafter referred to as the provisional emergency tariff ), the Minister of Commerce, Industry and Energy shall be prohibited from taking once again the measures to restrict the import volume, from the date of expiring the application period of relevant measures to restrict the import volume, the imposing period of the emergency tariff, or the imposing period of the provisional emergency tariff, until before the expiration of the period corresponding to the said application period or the imposing period (two years, in case where the application period or the imposing period falls short of two years): Provided, That where the requirements falling under each of the following subparagraphs are satisfied, he may take the measures to restrict the import volume for less than 180 days:
1. One year shall elapse after the measures to restrict the import volume has been taken, or the emergency tariff or the provisional emergency tariff has been imposed; and
2. The measures to restrict the import volume against the relevant goods or to impose of the emergency tariff shall be taken not more than twice within five years retroactively from the date of taking once again the measures to restrict the import volume.



Article 27 (Extension of Measures to Restrict Import Volume etc.)

(1) When there exists a recommendation from the Korean trade Commission and it is deemed necessary, the Minister of Commerce, Industry and Energy may alter the contents of the measures to restrict the import volume, or extend the application period thereof. In such case, the con- tents of measures to be altered, and the contents of measures to be altered within the extended application period, shall be more mitigated than the contents of the first measures.
(2) When the application period of the measures to restrict the import volume is extended under paragraph (1), the entire aggregated period of the application period of measures to restrict the import volume, of the imposing period of the emergency tariff or the provisional emergency tariff, and of the extension period thereof, shall not exceed eight years.



Article 28 (Taking Measures to Restrict Import Volume etc. on Goods of Specific Countries)


(1) Where it is found through the investigation of the Korean Trade Commission that the cases falling under any of the following subparagraphs are brought about due to the imports of goods whose origin is any such country as prescribed by the Presidential Decree, within the limit of the treaties concerning trade which are concluded and promulgated under the Constitution and of the generally accepted international laws and regulations, and the measures for relieving them are recommended, the Minister of Commerce, Industry and Energy may take the special measures to restrict the import volume (hereafter in this Article, referred to as the special measures to restrict the import volume ) within the limit necessary for the relief or prevention of damages:
1. Cases where the domestic markets of the same kind of goods or the directly competitive goods are disrupted or have concerns over being disrupted due to an increase of the relevant goods;
2. Cases where the grave trade conversion occurs due to the measures taken against an increase of imports of the relevant goods by the member states of the World Trade Organization in order to relieve or prevent the market disruptions of their own states, and the relevant goods are, or are likely to be, imported into our country; and
3. In case that the relevant goods are those subject to the convention on textiles and clothing, the cases where any import of the relevant goods disrupts the domestic markets and impedes the trade development of the said items, or have concerns over impeding it.
(2) When the Government intends to take the special measures to restrict the import volume, it may hold a prior consultation with the interested counties for seeking the means for solution.

(3) Where the Korean Trade Commission has recommended a provisional measure on the goods for which an investigation on paragraph (1) 1 was commenced, and when it is judged that the irrecoverable damages etc. are, or are likely to be, caused, unless the damages etc. occurring during the period of relevant investigation are prevented, the Minister of Commerce, Industry and Energy may take the provisional special measures to restrict the import volume (hereafter in this Article, referred to as the provisional special measures to restrict the import volume ) for the relief of damages etc. In such case, the application period for the provisional special measures to restrict the import volume shall be within 200 days.
(4) When there exists a notice from the Korean Trade Commission to the effect that it is not judged that there is any disruption of domestic markets or any concern over such disruption as a result of its investigation on paragraph (1) 1, the Minister of Commerce, Industry and Energy shall revoke the provisional special measures to restrict the import volume.
(5) When the measures taken by other member states of the World Trade Organization are completed, that constitute the reasons for the special measures to restrict the import volume which have been taken pursuant to paragraph (1) 2, the Minister of Commerce, Industry and Energy shall revoke the said special measures to restrict the import volume within 3 days from the date of completing the said measures.
(6) When the Minister of Commerce, Industry and Energy takes the special measures to restrict the import volume, or the provisional special measures to restrict the import volume, he shall give the public notice on the goods subject to them, volumes, application period, etc.

(7) Provisions of Articles 26 (2), (4) and (7) and 27 (1) shall apply mutatis mutandis to the implementation of the special measures to restrict the import volume.

(8) Provisions of Article 26 (2), (4) and (7) shall apply mutatis mutandis to the implementation of the provisional special measures to restrict the import volume.


SECTION 2 Deleted.


Articles 29 and 30 Deleted. <By Act No. 6417, Feb. 3, 2001>


SECTION 3 Import Restrictions on Textiles and Clothes



Article 31 (Measures to Restrict Textiles Import Volumes against Textiles and Clothing)


(1) Where it is found through the investigation of the Korean Trade Commission that the domestic industry that produces the same kind of the relevant textiles and clothing, or the directly competitive textiles and clothing, suffers serious damages or has concerns over suffering them (hereafter in this Article, referred to as the serious damages etc. ) due to an increase of imports of the textiles and clothing, to which the convention on textiles and clothing is applied, and the measures to relieve the serious damages etc. are recommended, when it is deemed necessary to protect the relevant domestic industry, the Minister of Commerce, Industry and Energy may take the measures to restrict the import volume of the relevant textiles and clothing (hereafter in this Article, referred to as the measures to restrict the textiles import volume ) within the limit necessary for preventing the serious damages etc. to the domestic industry.

(2) Where the Korean Trade Commission recommends, with regard to the textiles and clothing on which an investigation of serious damages etc. has been commenced, a provisional measure to prevent the irrecoverable serious damages that are caused during the investigation period for the relevant textiles and clothing, and when it is deemed necessary to protect the domestic industry, the Minister of Commerce, Industry and Energy may take the provisional measures to restrict textile import volume (hereafter in this Article, referred to as the provisional measures to restrict the textiles import volume ).
(3) When the Minister of Commerce, Industry and Energy takes the measures to restrict the textiles import volume or the provisional measures to restrict the textiles import volume, he shall give the public notice of the counties subject thereto, and the scope of measures, etc.


SECTION 4 Deleted.



Articles 32 through 38 Deleted. <By Act No. 6417, Feb. 3, 2001>



CHAPTER V MAINTENANCE OF GOOD ORDER IN EXPORT OR IMPORT



Article 39 (Prohibition of Unfair Acts in Export or Import)

(1) Any person shall neither take acts falling under any of the following subparagraphs nor have other persons do so:
1. Acts falling under any of the following items related to the goods, etc. (hereinafter referred to as the "goods infringing on the intellectual property rights") which infringe on patent rights, utility model rights, design rights, trademark rights, copyrights, copy neighboring rights, program copyright, semiconductor integrated circuit layout-design rights, geographical indications and business secrets protected by Acts and subordinate statutes of the Republic of Korea and treaties to which the Republic of Korea is a party:
(a) Acts of importing the goods infringing on the intellectual property rights or of selling them in the Republic of Korea; or
(b) Acts of exporting the goods infringing on the intellectual property rights or of manufacturing them for the purpose of such export in the Republic of Korea;
2. Acts of exporting or importing the goods, etc. falling under any of the following items:
(a) Goods, etc. in which the origin is falsely indicated or any other misleading indication is given;
(b) Goods, etc. the indication of origin of which is damaged or modified; or
(c) Goods subject to the indication of origin in which that indication is not given; and
3. Other acts likely to impede the good export and import order as prescribed by the Presidential Decree.
(2) The Minister of Commerce, Industry and Energy may determine and publicly announce the types and standards of violations under paragraph (1). In this case, he may request opinions of the Trade Committee.
(3) and (4) Deleted. <By Act No. 6417, Feb. 3, 2001>
(5) Where the Minister of Commerce, Industry and Energy deems that traders violate the provisions of paragraph (1) 2 or is recommended by the Trade Committee, he may give orders of corrective measures or impose a penalty surcharge not exceeding thirty million won.
(6) The amount of penalty surcharge according to the category and gravity of violations subject to the imposition thereof under paragraph (5), and other necessary matters shall be prescribed by the Presidential Decree.
(7) The Minister of Commerce, Industry and Energy may collect a penalty surcharge by referring to the practices of dispositions on default of national taxes, unless the penalty surcharge is paid within the period of such payment by a person upon whom it is imposed under paragraph (5).



Article 40 (Prohibition of Price Manipulation of Exported or Imported Goods, etc.)

Any trader shall not manipulate the import or export price of goods, etc. for the purpose of a flight of foreign currency.



Article 41 (Prompt Settlement of Trade Disputes between Traders)

(1) Traders shall not delay settling disputes without any justifiable reason, if there occur said disputes related to the export and import of goods, etc. either between them or with those of the trading partners.
(2) When disputes referred to in the provisions of paragraph (1) arise, the Minister of Commerce, Industry and Energy may require that a trader state his views on the settlement of disputes, or submit documents concerning the disputes.
(3) The Minister of Commerce, Industry and Energy may investigate into facts relating to the disputes, when it is deemed to be necessary, after receiving documents or receiving views under the provisions of paragraph (2).
(4) If it is deemed that the rapid and fair settlement of disputes under paragraph (1) is necessary, or there exists an application of the party to the trade disputes, the Minister of Commerce, Industry and Energy may conciliate such disputes in accordance with the Presidential Decree or recommend the conclusion of an arbitration agreement for the settlement of the disputes.



Article 42 (Conciliation of Disputes Related to Inspection Prior to Shipment)

(1) An agency (hereinafter referred to as the "preshipment inspection agency") conducting any inspection prior to the shipment of goods, etc., which an enterprise exports by a contract concluded with the Government of an importing country or its delegation, in the Republic of Korea, shall comply with the Agreement on Preshipment Inspection of the World Trade Organization. In this case, the preshipment inspection agency shall not carry out the preshipment inspection in a way to constitute trade barriers against the export of the enterprise.
(2) When disputes between an exporter and a preshipment inspection organ arise as to preshipment inspection, the Minister of Commerce, Industry and Energy may conduct mediation necessary for the settlement of disputes.
(3) In order to administer arbitration as to disputes under the provisions of paragraph (2), an independent arbitral organ may be established in accordance with the Presidential Decree.


Article 43 (Adjustment Orders)

(1) The Minister of Commerce, Industry and Energy may order traders to adjust the price, quantity, quality, terms of transactions, or territory to which goods, etc. are exported, or from which goods are imported, under any of the following subparagraphs:
1. Where it is necessary to perform the obligations under the treaties concluded and promulgated by the Constitution and the generally accepted international laws and regulations;
2. Where the trading concerned violates the related Acts and subordinate statutes of our country or the trade partners; and
3. Where there exist any concerns over disrupting the fair competition in the export of goods etc., or it is for preventing any acts to impair foreign confidence, and it falls under any of the following subparagraphs:
(a) Where unjustifiably eliminating other traders, in connection with the exports of goods;
(b) Where unjustifiably inducing or coercing the counterpart of other traders to make no trades with the other traders, in connection with the exports of goods; and
(c) Where unjustifiably obstructing any overseas business activities of other traders, in connection with the exports of goods.
(2) Where Minister of Commerce, Industry and Energy issues an order to make adjustments under paragraph (1), he shall take account of matters falling under any of the following subparagraphs:
1. To make contributions to the stabilization of export basis, development of new products, or finding new overseas markets;
2. To refrain from unjustifiably impeding or discriminating the rights and interests of other traders; and
3. To refrain from exceeding the level necessary for the purpose of maintaining the order of export and import of the goods.
(3) Matters necessary for the procedures etc. for issuing the orders to make adjustments under paragraph (1), shall be prescribed by the Presidential Decree.

(4) The Minister of Commerce, Industry and Energy may choose not to give approval, or may have the heads of the authorities concerned cease proceedings for giving approval pursuant to Article 14 (2), where he deems it necessary to make orders for adjustment under paragraph (1).



Article 44 Deleted. <By Act No. 5768, Feb. 5, 1999>



CHAPTER VI Deleted.


Articles 45 through 48 Deleted. <By Act No. 5768, Feb. 5, 1999>



CHAPTER VII SUPPLEMENTARY PROVISIONS



Article 49 (Hearings)

In any case falling under any of the following subparagraphs, the Minister of Commerce, Industry and Energy shall hold hearings:

1. Where he intends to revoke the designation of the general trading company or the specialized trading company under Article 9-2 (4);

2. Where he intends to revoke the designation of the agency for electronic trade under Article 9-5; and

3. Where he intends to issue an order to make adjustments under Article 43 (1).



Article 50 (Report, Inspection, etc.)


(1) The Minister of Commerce, Industry and Energy may order a person who has obtained a permission for export of the goods, for which any export has been restricted or prohibited under subparagraph 4 of Article 5 or the strategic materials publicized under Article 21, or a person who has exported or has intended to export without obtaining a permission for export, to file a report on matters falling under each of the following subparagraphs, or to submit the data:
1. Importing countries;
2. Importers, final users, or persons entrusted by them, their locations, business fields, major traders, and purposes of use;
3. Related data such as tax payment certificates, etc. or externally-publicized data that are issued by the authorized agency of the importing country for the confirmation of importers, final users or persons entrusted by them; and
4. Other matters determined and publicized by the Minister of Commerce, Industry and Energy, such as the transportation means, cargo-transferring country, and means for price settlements, etc.
(2) The Minister of Commerce, Industry and Energy may, if deemed necessary for the enforcement of this Act, have public officials under his control inspect books, documents or other materials in offices, places of business, factories or warehouses of such persons as provided in paragraph (1).
(3) A public official who conducts inspection under paragraph (2) shall present a certificate indicating his authority to the persons concerned.



Article 51 (Relations between this Act and the Monopoly Regulation and Fair Trade Act)


(1) The Monopoly Regulation and Fair Trade Act shall not apply to the enforcement of adjustment orders given by the Minister of Commerce, Industry and Energy under the provisions of Article 43.

(2) The Minister of Commerce, Industry and Energy shall seek in advance consultation with the Fair Trade Commission when adjustment orders under the provisions of Article 43 are to restrict competition between enterprisers in the domestic market under the provisions of subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act.



Article 52 (Relations between this Act and the National Security Act)

The National Security Act shall not apply to any act of exporting or importing the goods, etc. under this Act, unless that act is not deemed to be unjustifiable within the scope of the conduct of business.



Article 53 (Delegation of Authorities)

(1) Some of the authority of the Minister of Commerce, Industry and Energy under this Act may be delegated to the heads of his or her subordinate organs and Mayor/Do governors in accordance with the Presidential Decree, or mandated to the head of the Administrative Organ concerned, the head of customs office, the Governor of the Bank of Korea, the President of the Export-Import Bank of Korea, the president of any foreign exchange bank, or other juristic persons or organizations set forth in the Presidential Decree.
(2) The Minister of Commerce, Industry and Energy shall direct or supervise those persons delegated or mandated as to the matters delegated or mandated under the provisions of paragraph (1).
(3) The Minister of Commerce, Industry and Energy may request a delegated or entrusted person to submit necessary materials concerning such duties as delegated or entrusted under paragraph (1).



CHAPTER VIII PENALTIES



Article 54 (Penal Provisions)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years, or by a fine not exceeding three times of the price of exported or imported goods, etc.:

1. A person who has violated measures to restrict or prohibit the export or import under any subparagraph of Article 5;

2. A person who has obtained the export permission of strategic materials under Article 21 (1) by any falsehood or other unjustifiable means, or who has exported the strategic materials to an area in which such export is restricted and which is publicly announced by the Minister of Commerce, Industry and Energy under paragraph (3) of the said Article, without obtaining the export permission;

3. A person who has manipulated export or import prices of goods, etc. in contravention of the provisions of Article 40; or

4. A person who has violated adjustment orders as stipulated under Article 43 (1).



Article 55 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years, or by a fine not exceeding thirty million won:
1. Deleted; <By Act No. 6316, Dec. 29, 2000>

2. A person who has exported or imported goods with approval or approval of change under Article 14 (2) or (3), or with the exemption from an approval or an approval of change which are obtained in false or other unlawful ways;

3. A person who has not obtained foreign exchange corresponding to the import under the provisions of the main text of Article 19(3) (including a mutatis mutandis application provided for in Article 20(3));

4. A person who has used, without obtaining an approval provided for in the main text of Article 20(1), materials, equipment, or manufactured goods made of the materials or made by the equipment for the purposes other than the original one;

5. A person who has transferred materials, equipment, or manufactured goods made of the materials or made by the equipment without obtaining an approval provided for in the provisions of Article 20(2);

6. A person who has obtained an approval or an approval of changes under the provisions of Article 22 in false or other unlawful ways;

7. A trader or seller of goods, etc. who has violated the provisions of Article 23 (3) 1 or 2;

8. A trader who has failed to indicate the origin on the goods subject to such indication in violation of Article 23 (3) 3;

8-2. A person who has failed to comply with such orders of corrective measures as prescribed in Article 23 (5);

9. A person who has exported or imported the goods, etc. falling under any item of Article 39 (1) 2;

10. A person who has failed to comply with such orders of corrective measures as prescribed in Article 39 (5); or
11. Deleted. <By Act No. 5768, Feb. 5, 1999>



Article 56 (Attempted Crimes)


Attempts at such crimes as prescribed in subparagraph 2 of Article 54 or subparagraph 9 of Article 55 shall be punished according to those respective corresponding crime.



Article 57 (Negligent Crimes)


Any person who has committed any crime falling under subparagraph 7, 8 or 9 of Article 55 by gross negligence shall be punished by a fine not exceeding twenty million won.



Article 58 (Joint Penal Provisions)


When a representative of a juristic person, an agent, employee or other employed person of a juristic person or an individual has committed offences under the provisions of Articles 54 through 57 in respect of business of the juristic person or the individual, the juristic person or the individual shall be punished by a fine under the provisions of respective Articles, as well as the principal offender.



Article 59 (Legal Fiction as Public Official in Application of Penal Provisions)


In applying such penal provisions as referred to in the Criminal Act or any other relevant Act, an officer or any other employee of the Bank of Korea, the Export-Import Bank of Korea, a foreign exchange bank or any other juristic person or organization as prescribed by the Presidential Decree, who performs such duties as entrusted by the Minister of Commerce, Industry and Energy under Article 53, shall be deemed to be a public official.



Article 60 (Fine for Negligence)

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

1. A person who has not submitted documents in violation of the provisions of Article 41 (2);

2. A person who has refused, obstructed or avoided the investigation of facts under the provisions of Article 41 (3);

3. A person who has failed to make report or to submit the data under Article 50 (1) or who has made false report or submitted false data; or

4. A person who has refused, obstructed or avoided the inspection as provided for in Article 50 (2).
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won:

1. A trader or seller who has imported the goods subject to the indication of origin and has distributed them for the purpose of sale without that indication under Article 23 (1), in trading them after the division, repackaging or simple manufacturing process thereof or doing so in items or pieces;

2. A person who has refused, obstructed or avoided the inspection under Article 23 (4); or
3. Deleted. <By Act No. 5768, Feb. 5, 1999>
(3) The Minister of Commerce, Industry and Energy shall impose and collect a fine for negligence under the provisions of paragraphs (1) and (2) in accordance with the Presidential Decree.
(4) A person who objects against the imposition of a fine for negligence under the provisions of paragraph (3) may raise an objection to the Minister of Commerce, Industry and Energy within 30 days after the receipt of the notice on the imposition.
(5) When a person, subject to a fine for negligence under the provisions of paragraph (3), has raised an objection under the provisions of paragraph (4), the Minister of Commerce, Industry and Energy shall give, without delay, notice to a competent court, and the court shall initiate proceedings with regard to the fine for negligence under the Non-Contentious Case Litigation Procedure Act.
(6) A fine for negligence shall be collected by referring to the cases of disposition for national taxes in arrears, unless the fine for negligence is paid and an objection thereon has been submitted within the period of time under the provisions of paragraph (4).


ADDENDA



Article 1 (Enforcement Date)


This Act shall enter into force on March 1, 1997: Provided, That the provisions of Articles 13, 14, 16, 17, and subparagraph 2 of Article 55 shall enter into force on January 1, 1997.



Article 2 (Time Limit of Application as to Notification of Trade Business, etc.)


The provisions of Articles 10 through 12, and subparagraph 1 of Article 55 shall take effect until December 31, 1999.



Article 3 (Examples of Application as to Confirmation Whether to Perform Exports and Imports)


The provisions of Article 17 shall apply to exported or imported goods as approved on and after the entry into force of this Act.



Article 4 (Transitional Measures as to Notification of Trade Business)


After this Act takes effect, a person who has been registered by the former provisions of this Act as conducting trade business shall be deemed to have made notification of trade business in accordance with Article 10. In this case, "trade business registration certificate" shall be construed to be a "certificate of notification of trade business".



Article 5 (Transitional Measures as to Acting Institutions to Perform Market Research, etc. on Plant Exports )


The Korean Association for the Development of Mechanical Engineering under the Industrial Development Act shall be authorized to perform functions of the administrative bodies or the associations designated by this Act until the administrative bodies or the associations are designated to perform activities to promote projects under Article 22 (6).



Article 6 (Transitional Measures as to Penal Provisions)

In relation to acts done before this Act enters into force, the former penal provisions of this Act shall be applied.



Article 7 (Special Cases as to Penal Provisions)


Those who fall under subparagraph 1 of Article 55 are punished under subparagraph 1 of Article 55 even after the time limit of its application is over, despite the provisions of Article 2 of this Addenda.



Article 8 Omitted.



Article 9 (Relationship to Other Acts and Subordinate Statutes)

After this Act takes effect, references to the Foreign Trade Act or to provisions of this Act in other Acts and subordinate statutes shall be construed as those to relevant provisions of this Act in the case of the existence of such provisions.


ADDENDA <Act No. 5453, Dec. 13, 1997>



Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)



Article 2 Omitted.


ADDENDA <Act No. 5551, Sep. 16, 1998>



Article 1 (Enforcement Date)

This Act shall enter into force two months after the date of its promulgation.



Articles 2 through 8 Omitted.


ADDENDA <Act No. 5768, Feb. 5, 1999>



Article 1 (Enforcement Date)


This Act shall enter into force on the date of its promulgation: Provided, That the amendments to Article 14 (2) shall enter into force on July 1, 1999.



Article 2 (Transitional Measures on Export-Import Associations)


(1) Export associations, import associations or export-import associations established under the former provisions of Article 45 at the time of entry into force of this Act (hereinafter in this Article referred to as "export-import associations") shall be, in respect of their succession to status, deemed incorporated associations established under Article 32 of the Civil Act where they make reports to the competent authorities through a resolution of their general meeting.

(2) An export-import association which makes a report under Article (1) shall promptly make its dissolution registration and an incorporation registration of the incorporated association deemed to have been established pursuant to paragraph (1).
(3) The property, and rights and duties of former export-import associations in case of paragraph (1) shall be succeeded to by the incorporated associations deemed to have been established pursuant to the said paragraph.



Article 3 (Transitional Measures on Penal Provisions)

The application of penal provisions to acts committed prior to the entry into force of this Act shall be governed by the former provisions.


ADDENDA <Act No. 5815, Feb. 5, 1999>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) Omitted.


ADDENDA <Act No. 5825, Feb. 8, 1999>



Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.



Articles 2 through 10 Omitted.


ADDENDA <Act No. 6305, Dec. 29, 2000>



Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2001.



Articles 2 through 8 Omitted.


ADDENDA <Act No. 6316, Dec. 29, 2000>



Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.



Article 2 Omitted.


ADDENDA <Act No. 6417, Feb. 3, 2001>



Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.



Articles 2 through 7 Omitted.


ADDENDA <Act No. 6977, Sep. 29, 2003>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.

(2) (Time Limit for Application of Measures Restricting Import Volume of Textiles and Clothing) The amendments to Article 31 shall be valid not later than December 31, 2004.

(3) (Application Example to Reports or Inspections etc.) The amendments to Article 50 shall apply to the person who obtains a permission for export, and the person who exports or intends to export without obtaining a permission for export, beginning with the enforcement of this Act.

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