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Selected Statutes of the Republic of Korea |
제22편 통화․국채․금융 기술신용보증기금법 시행령
ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
Presidential Decree No. 12186, Jun. 25, 1987
Amended by Presidential Decree No. 12675, Apr. 1, 1989
Presidential Decree No. 13870, Mar. 6, 1993
Presidential Decree No. 13922, Jul. 1, 1993
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14829, Dec. 14, 1995
Presidential Decree No. 14888, Dec. 30, 1995
Presidential Decree No. 15555, Dec. 29, 1997
Presidential Decree No. 15569, Dec. 31, 1997
Presidential Decree No. 15628, Feb. 12, 1998
Presidential Decree No. 16736, Feb. 28, 2000
Presidential Decree No. 17791, Dec. 5, 2002
Presidential Decree No. 19023, Aug. 31, 2005
Presidential Decree No. 19574, Jun. 29, 2006
Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 20137, Jun. 29, 2007
Presidential Decree No. 20653, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21441, Apr. 21, 2009
Presidential Decree No. 21483, May 6, 2009
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the
Korea Technology Credit Guarantee Fund Act and the particulars necessary for the implementation thereof. <AmendedbyPresidentialDecreeNo.17791,Dec.
5, 2002; Presidential Decree No. 21483, May 6, 2009>
Article 2 (Definitions)
The terms used in this Decree shall, unless otherwise prescribed by this Decree, have the meanings defined in the Korea Technology Credit Guarantee Fund Act (hereinafter referred to as the Act ). <Amendedby
PresidentialDecreeNo.17791,Dec.5,2002;PresidentialDecreeNo.21483,May6,2009>
Article 3 (Scope of New Technology Enterprise)
(1) The term small and medium enterprises that develop or commercialize
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ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
technologies in subparagraph 1 of Article 2 of the Act shall mean small and medium enterprises engaged in the businesses falling
under any of the
following subparagraphs (hereinafter referred to as new technology busi- ness ): <Amended by Presidential Decree No. 17791, Dec. 5, 2002>
1. Businesses for the research and development of products and man-
ufacturing process;
2. Businesses for the commercialization of the outcome of research and
development;
3. Businesses for the inducement of technologies and the improvement
of induced technologies;
4. Businesses for the development of technologies as prescribed by other
Acts and subordinate statutes, which are stipulated in the attached
Table; and
5. Other businesses for the development or commercialization of tech-
nologies which can achieve remarkable outcomes, such as enhance-
ment of productivity and quality, reduction of manufacturing costs
and energy.
(2) The term other enterprises as prescribed in Presidential Decree in
subparagraph 1 of Article 2 of the Act shall mean the business enter-
prises engaged in the new technology businesses under the provisions of
paragraph (1), whose total number of regular employees are not more
than one thousand and whose total amount of assets is not more than
one hundred billion won. <AmendedbyPresidentialDecreeNo.12675,Apr.1,1989;
PresidentialDecreeNo.14438,Dec.23,1994;PresidentialDecreeNo.14829,Dec.14,1995>
Article 4 (Monetary Liabilities)
(1) The term monetary liabilities prescribed by Presidential Decree in
subparagraph 6 of Article 2 of the Act shall mean those of the follow-
ing subparagraphs: <Amended by Presidential Decree No. 20653, Feb. 29, 2008;
Presidential Decree No. 20947, Jul. 29, 2008>
1. Debentures through public offering under Article 119 of the Financial
Investment Services and Capital Markets Act;
2. Monetary liabilities to meet the demand for reimbursement due to a
performance of the guarantee obligation in cases where financial in-
stitutions extend guarantees for the liabilities of enterprises; and
3. Monetary liabilities related to the tax payments, issuance and negotia-
tion of bills, performance of obligations for constructions or services,
etc., leasing of facilities, and other monetary liabilities of enterprises,
which are determined by the Financial Services Commission.
(2) The term other monetary liabilities prescribed by Presidential Decree<.. image removed ..>
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제22편 통화․국채․금융 기술신용보증기금법 시행령
in subparagraph 7 (b) of Article 2 of the Act shall mean those falling
under the subparagraphs of paragraph (1).
[This Article Who ly Amended by Presidential Decree No. 17791, Dec. 5, 2002] Articles 5 through 7 Deleted. <by Presidential Decree No. 17791, Dec. 5, 2002> Articles 8 through 12 Deleted. <by Presidential Decree No. 15569, Dec. 31, 1997>
Article 13 (Contribution Ratio to Technology Credit Guarantee Fund)
Contribution ratio of finance companies, etc. to the Fund under Article
13 (3) of the Act shall be prescribed by Ordinance of the Prime Minister within the limit of 3/1000 per annum of their loan amounts.
<Amended
by Presidential Decree No. 12675, Apr. 1, 1989; Presidential DecreeNo. 14438, Dec. 23,
1994; Presidential DecreeNo.14829, Dec. 14,1995; Presidential DecreeNo.17791, Dec.
5, 2002; Presidential Decree No. 20653, Feb. 29, 2008>
Article 14 (Registration of Incorporation)
The matters of the following subparagraphs shall be entered in the reg- istration of incorporation of the Fund under Article 16 of the Act: <Amended
by Presidential Decree No. 14829, Dec. 14, 1995>
1. Purpose;
2. Name;
3. Head office;
4. Branches and sub-branches;
5. Fundamental property at the time of establishment;
6. Name, resident registration number and address of the president;
7. Names, resident registration numbers and addresses of the managing director, the directors and the auditor; and
8. Method of making public notice.
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 15 (Registration of Establishment of Branch, etc.)
(1) Where the Fund has established a branch or sub-branch, it shall register: <Amended by Presidential Decree No. 12829, Dec. 14, 1995>
1. Purport of establishment of a branch or sub-branch in the registry nearest the seat of the head office within two weeks from
the date of establishment;
2. Particulars as specified in subparagraphs 1 through 3, 6 and 8 of Article
14 in the registry nearest the seat of a newly established branch or sub-branch within three weeks from the date of establishment;
and
3. Deleted. <by Presidential Decree No. 14829, Dec. 14, 1995>
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ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
(2) If a new branch or sub-branch has been established within the juris-
diction of the registry which exercises jurisdiction over the head office
or any existing branch or sub-branch, only the matters relating to the
new branch and sub-branch shall be registered.
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 16 (Registration of Relocation)
(1) Where the Fund has relocated its head office, it shall register its
relocation within two weeks thereafter.
(2) Where the Fund has relocated its branch or its sub-branch, it shall
register the effect of the relocation at the previous seat within three
weeks after the relocation and register the particulars specified in
subparagraphs 1 through 3, 6 and 8 of Article 14 at the new seat within four weeks after the relocation: Provided, That in the case of the relo-
cation of a branch or sub-branch to a place under the jurisdiction of the same registry, the Fund shall register only the effect
of the relocation within two weeks thereafter. <Amended by Presidential Decree No. 12829, Dec.
14, 1995> [This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 17 (Registration of Alteration)
If the matters as prescribed in the subparagraphs of Article 14 are al-
tered, the altered matters shall be registered within two weeks at the
seat of the head office. In this case, if the matters provided in subpara-
graphs 1 through 3, 6 and 8 of Article 14 are altered, the altered mat-
ters shall be registered within three weeks even at the seat of the branch
and sub-branch office.
[This Article Who ly Amended by Presidential Decree No. 14829, Dec. 14, 1995]
Article 18 (Registration of Proxy Appointment)
Where the president of the Fund has appointed a proxy under Article
26 of the Act, the following matters shall be registered within two weeks
thereafter at the seat of the head office or the branch or sub-branch for
which the proxy has been appointed. The same shall apply in the case
of any alteration of the registered matters:
1. Name and address of the proxy;
2. Head office, branch or sub-branch for which the proxy has been
appointed; and
3. Details of the limitation, if any, imposed on the authority of the proxy.
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
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제22편 통화․국채․금융 기술신용보증기금법 시행령
Article 19 (Calculation of Registration Period)
If any of the matters to be registered under Articles 14 through 18 re- quires the authorization or approval of the Financial Services
Commission,
the registration period shall be calculated from the date on which the
letter of such authorization or approval arrives. <Amended by Presidential
DecreeNo.14438,Dec.23,1994;PresidentialDecreeNo.14829,Dec.14,1995;Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 20653, Feb. 29, 2008> [This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 20 (Applicants of Registration and Accompanying Documents of
Application)
(1) The registration of incorporation under Article 14 shall be made by the joint request of the members for establishment and the
registrations
under Articles 15 through 18 shall be made by the request of the presi- dent of the Fund.
(2) The applications for registration under Articles 14 through 18 shall
be accompanied by the following documents:
1. In cases of registration of incorporation under Article 14, the articles of incorporation of the Fund, the certified copy of the
authorization
of the articles of incorporation and the documents certifying that the president of the Fund has been appointed in accordance with
the pro-
visions of Article 21 (1) of the Act;
2. In cases of registration of the establishment of a branch, etc. under Ar- ticle 15, the documents certifying such establishment;
3. In cases of registration of relocation under Article 16, the documents
certifying such relocation;
4. In cases of registration of alteration under Article 17, the documents certifying such alteration; and
5. In cases of registration of proxy appointment under Article 18, the documents certifying that the appointment of the proxy conforms
to
the provisions of Article 26 of the Act and the documents certifying
the limitation, if any, on his authority.
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 21 (Provisions Applicable Mutatis Mutandis to Registration)
Unless any special provisions exist in this Decree, the provisions of Articles
10 through 15, 17 through 29 and 114 through 128 of the Commercial
Registration Act shall apply mutatismutandis to the registration of the
Fund. In such cases, the term seat of the branch in Articles 18 (3),
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ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
19 (3), 24 (3) and 120 of the Commercial Registration Act shall be deemed
to be the seat of the branch or seat of the sub-branch . <AmendedbyPresi-
dential Decree No. 12829, Dec. 14, 1995; Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 21483, May 6, 2009> [This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 22 (Operations of Board of Policy)
(1) The meetings of the Board of Policy under Article 17 of the Act shall be called, in accordance with the provisions of the
articles of incorpo-
ration, and presided by the chairman.
(2) In cases where the chairman is unable to perform his duty, a member nominated in advance by the chairman shall perform his duties
by proxy.
(3) A meeting of the Board shall be started by the presence of a ma- jority of its members, and all the resolutions shall be
made by the affir- mative majority vote of the members present.
(4) The managing director, the directors and the auditor of the Fund may attend the meetings of the Board and present
their opinions.
(5) Except as otherwise provided in this Decree, necessary matters for
the operation of the Board shall be decided by the chairman after going through the resolution of the Board. [This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 22-2 (Organizations Subject to Re-Guarantee, etc.)
(1) Deleted. <by Presidential Decree No. 17791, Dec. 5, 2002>
(2) When applying Article 28-2 (1) of the Act, the Fund shall not enter into any contract with the Credit Guarantee Foundation under
the Regional
Credit Guarantee Foundation Act (hereinafter referred to as original
guarantor ) which has entered into a reguarantee contract with the Credit
Guarantee Fund established under the Credit Guarantee Fund Act. <Amended
by Presidential Decree No. 21483, May 6, 2009>
(3) The Fund shall not re-guarantee any original guarantee obligation
other than those as provided in subparagraphs 6 and 7 of Article 2 of the Act, and any guarantee obligation of an enterprise operating
the cat- egory of business restricted on re-guarantee as prescribed in subpara- graph 1-2 of Article 29 of the Act. <AmendedbyPresidentialDecreeNo.17791, Dec. 5, 2002> [This Article Newly Inserted by Presidential Decree No. 14829, Dec. 14,
1995]
Article 22-3 (Matters, etc. to be Observed by Original Guarantor)
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제22편 통화․국채․금융 기술신용보증기금법 시행령
The president of the Fund shall, in entering into a contract as prescribed
in Article 28-2 (1) of the Act, have the original guarantor include therein
the matters to be observed by the original guarantor in connection with
the re-guarantee contract, payment of the re-guarantee fee, payment of
the compensation money, exercise of the right to indemnity, return of
recovered money, etc., and those concerning the submission of the re-
port to confirm whether the above-mentioned matters are fulfilled or not,
and the inspection on the operational situation, etc.
[This Article Newly Inserted by Presidential Decree No. 14829, Dec. 14, 1995]
Article 22-4 (Ratio, etc. of Re-guarantee)
(1) The term ratio prescribed by Presidential Decree in Article 28-2 (3) of the Act shall mean 50/100: Provided, That if the Financial Services Commission deems it particularly necessary for the activation of the
regional economy, emergency disaster restoration, etc., the ratio may be determined differently within the limit of 60/100. <AmendedbyPresidential
Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 20653, Feb. 29, 2008>
(2) The amount to be returned to the Fund by the original guarantor
under Article 28-2 (5) of the Act, shall be limited to the amount of the
compensation money paid by the Fund under Article 28-2 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 14829, Dec. 14, 1995]
Article 22-5 (Claim for Discharge of Re-guarantee Liability)
The term period prescribed by Presidential Decree in Article 28-2 (6)
of the Act shall mean three months.
[This Article Newly Inserted by Presidential Decree No. 14829, Dec. 14, 1995]
Article 22-6 (Termination and Alteration of Re-guarantee Contract) Where any of the following causes takes place, the Fund may terminate or alter the contract concluded with the original guarantor under Article
28-2 (1) of the Act:
1. Where the re-guarantee service of the original guarantor as pre-
scribed in Article 28-2 of the Act is contrary to the provisions of the
related Acts and subordinate statutes, or is carried out unlawfully;
2. Where the original guarantor has been negligent in exercising the
right to indemnity; and
3. Where any cause of termination or alteration of the contract stipulated
in the contract concluded by the Fund with the original guarantor
under Article 28-2 (1) of the Act, takes place.
[This Article Newly Inserted by Presidential Decree No. 14829, Dec. 14, 1995]
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ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
Article 22-7 (Guarantee for Special Purpose Companies)
(1) The term property rights prescribed by Presidential Decree in part
other than the subparagraphs of Article 28-3 (1) of the Act means any
of the following subparagraphs:
1. Technology under subparagraph 1 of Article 2 of the Technology Transfer
and Commercialization Promotion Act and the property right related
thereto;
2. Corporate commercial paper under Article 4 (3) of the Financial
Investment Services and Capital Markets Act; and
3. Property rights which the Financial Services Commission deems
specially necessary for the national economy from among securitization
assets under subparagraph 3 of Article 2 of the Asset-Backed Secu-
ritization Act.
(2) The maximum limit of securitization assets which an asset holder may
underwrite from the same enterprise pursuant to Article 28-3 (2) of the
Act shall be determined in a way to deduct a fixed amount from 30 billion
won where the same enterprise is a small and medium enterprise and
from 50 million won where it is an enterprise other than a small and medium
enterprise in consideration of credit rating or such through a resolution
of the board of directors (hereinafter referred to as the board of directors )
of the Fund under Article 18 of the Act: Provided, That where the Financial
Services Commission deems it particularly necessary for the national
economy, such maximum limit may be determined separately through a
resolution of the board of directors.
(3) Matters concerning standards, amount, etc. of deduction under para-
graph (2) shall be determined through a resolution of the board of directors:
Provided, That where the Financial Services Commission deems it par-
ticularly necessary for the national economy, they may be determined
separately through a resolution of the board of directors.
[This Article Newly Inserted by Presidential Decree No. 21483, May 6, 2009]
Article 23 (Ceiling of Credit Guarantee, etc.)
(1) The limit of the total amount of credit guarantee, re-guarantee and
guarantee for a special purpose company by the Fund as prescribed in Article
31 (1) of the Act, shall be twenty times the sum of the fundamental property
and the profits brought forward of the Fund. <AmendedbyPresidentialDecree
No. 15555, Dec. 29, 1997; Presidential Decree No. 21483, May 6, 2009>
(2) The maximum limit by which the Fund may grant the credit guar-
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제22편 통화․국채․금융 기술신용보증기금법 시행령
antee (including re-guarantee) to the same enterprise under Article 31 (2)
of the Act, shall be determined by deducting a fixed amount calculated by taking into consideration the uses, etc. of funds
from three billion
won, and notwithstanding the provisions of Article 28-2 (3) of the Act,
the maximum limit of the re-guarantee by enterprise which receives a credit guarantee from the original guarantor shall be two hundred
mil-
lion won: Provided, That if the Financial Services Commission deems it
particularly necessary for the national economy, the maximum limit may
be determined separately through a resolution of the board of directors.
<AmendedbyPresidentialDecreeNo.15628,Feb.12,1998;PresidentialDecreeNo.17791, Dec. 5, 2002; Presidential Decree No. 20653, Feb. 29, 2008>
(3) The matters necessary for the standards, amount, etc. of deduction
under the provisions of paragraph (2) shall be determined through a resolution of the board of directors: Provided, That if the Financial Services
Commission deems it particularly necessary for the national economy, they may be determined separately through a resolution of the
board of directors.
<Newly Inserted by Presidential Decree No. 15628, Feb. 12, 1998; Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 20653, Feb. 29, 2008> [This Article Who ly Amended by Presidential Decree No. 14829, Dec. 14, 1995]
Article 24 (Guarantee Fee, etc.)
(1) The guarantee fee pursuant to the former part of Article 33 (1) of the Act and the additional guarantee fee as prescribed in
Article 33 (2) of the Act shall be collected according to such rate as determined by the
operational manual as prescribed in Article 29 of the Act, taking into consideration the credit rating of the enterprise concerned,
category of guarantee, etc. <Amended by Presidential Decree No. 21483, May 6, 2009>
(2) The performance-based guarantee fee as provided in the latter part of Article 33 (1) of the Act shall be determined by agreement
between the Fund and a new technology enterprise in such a manner decided by
the Financial Services Commission within the limit of 10/100 of the guarantee amount. <Amended by Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 20653, Feb. 29, 2008>
(3) The overdue charge of Article 33 (3) of the Act shall be the amount calculated by multiplying the unpaid guarantee fee by 10/100
per annum. (4) The re-guarantee fee as prescribed in Article 33 (4) of the Act shall
be collected by the Fund from the original guarantor according to such
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ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
rate as determined by the operational manual as prescribed in Article
29 of the Act, taking into consideration the amount paid for the com-
pensation in the amount re-guaranteed by the Fund for the original guar-
antor, etc.
[This Article Who ly Amended by Presidential Decree No. 14829, Dec. 14, 1995]
Article 24-2 (Fees)
Fees under Article 33-2 of the Act shall be received under the condi- tions as prescribed by the operational manual under
Article 29 of the
Act, taking account of the expenses or period required for performing the duties and the difficulties of the duties,
etc.
[This Article Newly Inserted by Presidential Decree No. 17791, Dec. 5, 2002]
Article 25 (Penalties)
The penalties as prescribed in Article 34 of the Act shall be the amount calculated by multiplying the paid amount by such rate
as determined
by the Financial Services Commission within the limits determined taking
into consideration the default interest rate of the financial institutions.
<AmendedbyPresidentialDecreeNo.14438,Dec.23,1994;PresidentialDecreeNo.14829, Dec.14,1995;PresidentialDecreeNo.17791,Dec.5,2002;PresidentialDecreeNo.20653, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 26 (Cases of Claim for Discharge of Guarantee Liabilities)
(1) The term cases prescribed by Presidential Decree in Article 36 (1)
of the Act shall be as follows: <AmendedbyPresidentialDecreeNo.20653,Feb.
29, 2008; Presidential Decree No. 21483, May 6, 2009>
1. In cases of guarantee for monetary liabilities as referred to in
subparagraphs 6 (excluding the monetary liabilities under Article 4 (1)) and 7 (a) of Article 2 of the Act, when three months have
passed from the date of default (including cases of forfeiture of the benefit of time) within the time limit on the creditor by
the enterprise in receipt of the guarantee;
2. In cases of guarantee for monetary liabilities pursuant to subparagraph
7 (b) of Article 2 of the Act and Article 4 (1) of this Decree and guar- antee for special purpose companies pursuant to Article 28-3
(1) of the Act, when the Financial Services Commission determines pursuant to the kind and nature of such liabilities; and
3. When the enterprise falls under any of the following items:
(a) When it is bankrupt or dissolved;
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제22편 통화․국채․금융 기술신용보증기금법 시행령
(b) When it fails to operate its business continuously for not less
than 6 months, or discontinues its business; and
(c) When deemed that it is difficult to make the rapid normalization
of the enterprise, when there exists a request for commencement of procedures for rehabilitation under the Debtor Rehabilitation
and Bankruptcy Act, and when there occurs any cases as set by
the board of directors.
(2) When any creditor intends to make a claim for discharge of guar- antee liabilities under paragraph (1) 3, he shall attest that
the said causes occured under the conditions as determined by the board of directors. [This Article Who ly Amended by Presidential Decree No. 17791, Dec. 5, 2002]
Article 27 (Scope of Incidental Liabilities)
The term incidental liabilities prescribed by Presidential Decree in Article
36 (2) of the Act shall mean the aggregate of the interest or the addi-
tional amount of the following subparagraphs and expenditures deter-
mined by the board of directors as incurred by the creditor for collection
of his bonds involved: <AmendedbyPresidential DecreeNo. 14438,Dec.23,1994;
PresidentialDecreeNo.14829,Dec.14,1995;PresidentialDecreeNo.17791,Dec.5,2002; Presidential Decree No. 21483, May 6, 2009>
1. With regard to the guarantee for monetary liabilities as referred to
in subparagraphs 6 (excluding the monetary liabilities as referred to in Article 4 (1)) and 7 (a) of Article 2 of the Act,
the interest on the primary liabilities calculated at the rate applicable for the orig- inal contracted period, for the period
from the maturity date of the said liabilities to the date on which the Fund pays it off; and
2. With regard to the guarantee for monetary liabilities pursuant to subparagraph 7 (b) of Article 2 of the Act and Article
4 (1) of this Decree and guarantee for special purpose companies pursuant to Article
28-3 (1) of the Act, the interest and the additional amount as deter- mined by the operational manual.
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 27-2 (Sale of Reimbursement Claim)
The term persons who are prescribed by Presidential Decree in sub- paragraph 3 of Article 37-2 of the Act shall mean those falling under any of the following subparagraphs: <AmendedbyPresidentialDecreeNo.21483,May
6, 2009>
1. The Korea Asset Management Corporation established in accordance
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ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
with the Act on the Efficient Disposal of Non-Performing Assets, etc.
of Financial Institutions and the Establishment of the Korea Asset
Management Corporation; and
2. Special purpose companies established in accordance with the Asset- Backed Securitization Act.
[This Article Newly Inserted by Presidential Decree No. 17791, Dec. 5, 2002]
Article 28 (Notice Duty of Creditor)
The term persons prescribed by Presidential Decree in part other than the subparagraphs of Article 38 of the Act shall mean creditors
of monetary liabilities pursuant to subparagraphs 6 (excluding the monetary liabilities pursuant to Article 4 (1) of this Decree)
and 7 (a) of Article 2 of the Act and creditors for the granting of credit pursuant to Article 28-3 (1)
2 of the Act. <AmendedbyPresidentialDecreeNo.17791,Dec.5,2002;Presidential
Decree No. 21483, May 6, 2009> [This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 29 (Scope of Directors, etc. of Guarantee-Prohibited Company)
The term persons prescribed by Presidential Decree in subparagraph
2 of Article 39 of the Act shall mean those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14829, Dec. 14, 1995; Presi-
dential Decree No. 21483, May 6, 2009>
1. A director, if the aggregate amount of shares or investment by the
persons referred to in the following items in the company exceeds 50/100 of the total amount of issued shares or invested stocks of
the same company:
(a) One shareholder or partner with limited liability; and
(b) Any person who is in the relationship falling under any of sub-
paragraphs 1 through 5 of Article 20 of the Enforcement Decree of the Framework Act on National Taxes with persons referred to in
item (a); and
2. A managing partner with unlimited liability.
[This Article Newly Inserted by Presidential Decree No. 12675, Apr. 1, 1989]
Article 30 (Entrustment of Businesses)
(1) The Fund may, pursuant to Article 47-2 of the Act, entrust its affairs in accordance with the following classifications: <Amended by Presidential
Decree No. 21483, May 6, 2009>
1. Affairs referred to in Article 28 (1) 2, 3, 6 and 8 of the Act to financial
institutions;
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제22편 통화․국채․금융 기술신용보증기금법 시행령
2. Affairs referred to in Article 28 (1) 6 and 8 of the Act to the Korea
Asset Management Corporation under the Act on the Efficient Disposal
of Non-Performing Assets, etc. of Financial Institutions and the
Establishment of the Korea Asset Management Corporation; and
3. Affairs referred to in Article 28 (1) 5, 6 and 8 of the Act to credit
information companies under subparagraph 5 of Article 2 of the Use
and Protection of Credit Information Act.
(2) When the Fund intends to entrust the businesses under paragraph (1),
it shall file in advance a report thereon with the Financial Services
Commission. <Amended by Presidential Decree No. 20653, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17791, Dec. 5, 2002]
Article 31 (Scope of Public Organizations)
The term public organizations prescribed by Presidential Decree<.. image removed ..>in
Article 50 (1) of the Act means public agencies pursuant to Article 4
of the Act on the Management of Public Agencies.
[This Article Newly Inserted by Presidential Decree No. 21483, May 6, 2009]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 12675, Apr. 1, 1989>
This Decree shall enter into force on April 1, 1989.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 13922, Jul. 1, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1993.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
- 13 -
ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 14829, Dec. 14, 1995>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14888, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1996.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 15555, Dec. 29, 1997>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15569, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1998.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 15628, Feb. 12, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability) This Decree shall apply to the first credit guarantee or re-guarantee given after this Decree enters into
force.
ADDENDA <Presidential Decree No. 16736, Feb. 28, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17791, Dec. 5, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations with other Acts and Subordinate Statutes)
In cases where other Acts and subordinate statutes quoted the previous
Enforcement Decree of the Financial Assistance to New Technology Busi-
nesses Act at the time this Decree enters into force, this Decree shall
be deemed to have been quoted.
- 14 -
제22편 통화․국채․금융 기술신용보증기금법 시행령
ADDENDA <Presidential Decree No. 19023, Aug. 31, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19574, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19719, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20137, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20653, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on date of its promulgation. (Proviso
Omitted.)
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.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 5 Omitted.
- 15 -
ENFORCEMENT DECREE OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
ADDENDA <Presidential Decree No. 21441, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21483, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 7, 2009.
Article 2 (Transitional Measures)
Credit information companies pursuant to subparagraph 5 of Article 2 of the Use and Protection of Credit Information Act from among the amended
provisions of Article 30 (1) 3 shall be deemed to be operators of credit information business pursuant to subparagraph 4 of Article
2 of the Use
and Protection of Credit Information Act until October 1, 2009.
- 16 -
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