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ACT ON THE SUBMISSION AND MANAGEMENT OF TAXATION DATA

Act No. 6074, Dec. 31, 1999

Amended by Act No. 8050, Oct. 4, 2006

Act No. 8852, Feb. 29, 2008

Act No. 8863, Feb. 29, 2008

Act No. 8885, Mar. 14, 2008

Act No. 9260, Dec. 26, 2008

Act No. 9911, Jan. 1, 2010

Act No. 10815, Jul. 14, 2011

Act No. 10854, Jul. 14, 2011

Act No. 12158, Jan. 1, 2014

 Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning the submission, management and utilization of taxation data in order to realize documentary taxation and fair taxation, to seek scientific tax administration and to create an atmosphere for faithful tax payment.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 2 (Definition)
The terms used in this Act shall be defined as follows:
1. The term "national tax" means the national taxes under subparagraph 1 of Article 2 of the Framework Act on National Taxes;
2. The term "taxation data" means the data prepared or acquired and managed by institutions subject to submitting taxation data under Article 4 in connection with their duties, which are necessary for the imposition and collection of national taxes and management of tax payment.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 3 (Relations with Other Acts)
Except as otherwise provided for in other Acts, matters concerning the submission and management of taxation data shall be governed by this Act.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 4 (Scope of Institutions Subject to Submitting Taxation Data)
Institutions required to submit taxation data, etc. (hereinafter referred to as "institution subject to submitting taxation data") are as mentioned in the following subparagraphs: <Amended by Act No. 10815, Jul. 14, 2011; Act No. 10854, Jul. 14, 2011>
1. Central Government agencies under Article 6 of the National Finance Act (including institutions to which the duties of central Government agencies are delegated or entrusted; hereinafter the same shall apply), and the subordinate administrative organs and subsidiary organs thereof;
2. Local governments (including institutions to which the duties of local governments are delegated or entrusted and associations of local government agencies; hereinafter the same shall apply);
4. Institutions or organizations receiving contributions or subsidies from public institutions and the Government;
5. Institutions or organizations receiving contributions or subsidies from local public corporations or local public business groups under the Local Public Enterprises Act and local governments;
6. Institutions or organizations established pursuant to Acts except the Civil Act or supported by the State or local governments, the duties of which are supervised, audited or inspected by the institutions under subparagraph 1 or 2, and other institutions or organizations established for public benefits and determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 5 (Scope of Taxation Data)
(1) The taxation data to be submitted by institutions subject to submitting taxation data shall be any of the following data, which have direct connection with the imposition and collection of national taxes and management of tax payment:
1. In cases of authorization, permission, patent, registration, recording, reporting, etc., the data thereabout;
2. Data on the results of investigations, inspections, etc. which are conducted in accordance with Acts;
3. Data on the performance of operation, sales, production, works, etc. which are reported in accordance with Acts;
4. Table of the sum of tax invoices and invoices that the institutions subject to submitting taxation data has issued or received in accordance with the Value-Added Tax Act, the Income Tax Act and the Corporate Tax Act;
5. Data on the current state of various types of subsidies, insurance benefits, deductible amounts, etc. that the institutions subject to submitting taxation data pay and data on the business performance of the members, business operators, etc. of the institutions or organizations under subparagraph 6 of Article 4;
6. Data kept by a central government agency under subparagraph 1 of Article 4, other than central administrative agencies, which are determined by the Commissioner of the National Tax Service within the minimum scope necessary for the management of tax payment, following a prior consultation with the head of the related agency.
(2) The specific scope of taxation data under paragraph (1) shall be determined by Presidential Decree for each institution subject to submitting taxation data.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 6 (Submission of Taxation Data on Financial Transactions)
(1) Where the Commissioner of the National Tax Service (including commissioners of regional tax offices; hereafter the same shall apply in this Article) deems it necessary to verify the accusation of obvious tax omission and deems it impossible to verify tax omission without information or data related to financial transactions (hereinafter referred to as "financial transaction information"), he/she may request the head of a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereafter referred to as "financial company, etc." in this Article) to submit financial transaction information of a person who is deemed to be accused of committing tax omission (including a corporation), notwithstanding the provisions of other Acts. In such cases, he/she shall require the submission of financial transaction information within the minimum scope necessary for the originally stated purpose. <Amended by Act No. 10854, Jul. 14, 2011>
(2) The head of a financial company, etc. in receipt of a request to submit financial transaction information pursuant to paragraph (1) shall, without delay, submit the required data to the Commissioner of the National Tax Service. <Amended by Act No. 10854, Jul. 14, 2011>
(3) Where the Commissioner of the National Tax Service demands the submission of financial transaction information pursuant to paragraph (1), he/she shall present a document stating the following matters:
1. Customer's personal information;
2. Purpose of use;
3. Details of the financial transaction information required.
(4) Where the Financial Services Commission takes a measure under Article 426 (5) of the Financial Investment Services and Capital Markets Act (excluding minor measures prescribed by Presidential Decree) following the results of investigations conducted under Article 426 (1) of the same Act with regard to unfair trading under Part IV of the same Act, it may submit to the Commissioner of the National Tax Service data of unfair trading investigation including financial transaction information (limited to data on personal information of a person subject to an investigation and fact relations) as data referred to in Article 5 (1) 2, notwithstanding Article 4 (4) of the Act on Real Name Financial Transactions and Confidentiality. <Newly Inserted by Act No. 12158, Jan. 1, 2014>
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 7 (Method, etc. of Submission of Taxation Data)
(1) The head of an institution subject to submitting taxation data shall submit quarterly taxation data to a tax office, regional tax office or National Tax Office (hereinafter referred to as "office of tax affairs") by the last date of the month following the month to which the last date of the concerned quarter belongs, as prescribed by Presidential Decree: Provided, That the timing of submitting taxation data may be determined otherwise by Presidential Decree, considering the frequency of generation, time of use, etc. of the taxation data.
(2) When the head of an institution subject to submitting taxation data submits taxation data pursuant to paragraph (1), he/she shall also submit a list of the taxation data that the institution subject to submitting taxation data has received or prepared.
(3) Where the head of an office of tax affairs that receives a list of taxation data pursuant to paragraph (2) recognizes that the submitted taxation data have omissions or need supplements after checking them, he/she may request the institution which submitted the taxation data to make additions or supplements to the taxation data.
(4) Other necessary matters concerning the method of submitting taxation data, including document forms for the submission of taxation data shall be determined by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 8 (Request for Cooperation in Collection of Taxation Data)
Where there are data worthy to be used as taxation data from among data except for the taxation data referred to in Article 5, the head of each office of tax affairs may request the heads of the institutions subject to submitting taxation data which keep the concerned data to render cooperation in the collection of the data. <Amended by Act No. 9260, Dec. 26, 2008>
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 9 (Management, Utilization, etc. of Taxation Data)
(1) The Commissioner of the National Tax Service shall prepare necessary measures for the efficient management and utilization of taxation data submitted pursuant to this Act, such as the construction of a computerized management system.
(2) The Commissioner of the National Tax Service shall occasionally check the state of the submission, management and utilization of the taxation data under this Act.
(3) Matters necessary for the management, utilization and checking of taxation data under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 10 (Responsibilities, etc. of Institutions Subject to Submitting Taxation Data)
(1) The head of an institution subject to submitting taxation data shall occasionally check whether the public officials, officials or employees under his/her control fulfill faithfully the duty to submit taxation data under this Act.
(2) Where an institution subject to submitting taxation data, or public official, or executive or employee belonging thereto fails to faithfully fulfill the duty to submit taxation data under this Act, the Commissioner of the National Tax Service shall notify the head of the institution supervising, auditing or inspecting the institution (hereinafter referred to as "supervising institution, etc.") of such fact. <Amended by Act No. 9260, Dec. 26, 2008>
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 11 (Confidentiality)
(1) No public official belonging to offices of tax affairs shall either provide or divulge the taxation data submitted in accordance with this Act (including financial transaction information submitted pursuant to Article 6 and data collected pursuant to Article 8) to another person or use them for other purpose: Provided, That the same shall not apply to cases of providing them pursuant to the proviso to Article 81-13 (1) of the Framework Act on National Taxes and paragraph (2) of the same Article. <Amended by Act No. 9911, Jan. 1, 2010>
(2) Upon request for provision of taxation data in violation of paragraph (1), every public official belonging to offices of tax affairs shall refuse such request.
(3) A person who is provided with taxation data pursuant to the proviso to paragraph (1) shall not provide or divulge them to another person or use them for other purposes.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 12 Deleted. <Amended by Act No. 9260, Dec. 26, 2008>
 Article 13 (Penalty Provisions)
Any person that provides or divulges financial transaction information to another person, or uses them for other purpose in violation of Article 11 (1) or (3) shall be punished by imprisonment with prison labor for not longer than five years or by a fine not exceeding 30 million won.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 14 (Penalty Provisions)
Any person that provides or divulges taxation data (excluding financial transaction information), or uses them for other purpose in violation of Article 11 (1) or (3) shall be punished by imprisonment with prison labor for not longer than three years or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
 Article 15 (Concurrent Imposition of Imprisonment with Prison Labor and Fines)
The imprisonment with prison labor and fines under Article 13 and 14 may be imposed concurrently.
[This Article Wholly Amended by Act No. 8885, Mar. 14, 2008]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 2000.
(2) (General Applicability) This Act shall apply, starting from the taxation data that institutions subject to submitting taxation data receive or prepare after this Act enters into force.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8863, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8885, Mar. 14, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9260, Dec. 26, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9911, Jan. 1, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 10815, Jul. 14, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12158, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2014.
Article 2 (Applicability to Submission of Data of Unfair Trading Investigation)
The amended provisions of Article 6 (4) shall apply starting with a measure taken by the Financial Services Commission under Article 426 (5) of the Financial Investment Services and Capital Markets Act after this Act enters into force.