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ENFORCEMENT DECREE OF THE HOUSING BENEFITS ACT

Presidential Decree No. 25542, Aug. 6, 2014

Amended by Presidential Decree No. 26206, Apr. 20, 2015

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Housing Benefits Act and matters necessary for the enforcement thereof.
 Article 2 (Persons Incapable of Rendering Support, etc.)
A person who has an obligatory provider incapable of rendering support or unreliable for support in Article 5 (2) of the Housing Benefits Act (hereinafter referred to as the "Act") shall be a person falling under Article 8-2 (1) or (2) of the National Basic Living Security Act. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
 Article 3 (Management, etc. of Data for Investigations on Application and Investigations for Verification)
"Personal information prescribed by Presidential Decree, such as personally identifiable information referred to in Article 24 of the Personal Information Protection Act" in Article 13 (4) of the Act means any of the following personal information of eligible recipients, recipients, obligatory providers, or lessors who have concluded a lease contract with an eligible recipient or recipient (hereinafter referred to as "lessors"):
1. Resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or foreigner registration numbers referred to in subparagraph 4 of Article 19 of the Enforcement Decree of the same Act;
2. Names, addresses or telephone numbers.
 Article 4 (Suspension and Resumption of Payment of Housing Benefits)
(1) A housing security agency shall suspend payment of all of the housing benefits to a recipient, if he/she falls under Article 14 (2) 1 of the Act.
(2) A housing security agency shall suspend payment of all or part of the housing benefits to a recipient in accordance with the following classifications, if he/she falls under Article 14 (2) 2 of the Act:
1. Where the relevant recipient is paid rent which is less than or equal to the monthly rent: All of the housing benefits shall be suspended.
2. Where the relevant recipient is paid rent which is higher than the monthly rent: Some of the housing benefits (referring to the amount corresponding to the monthly rent specified in the relevant lease contract) shall be suspended.
(3) Where a recipient who has been notified of the suspension of housing benefits because he/she falls under any subparagraph of Article 14 (2) of the Act falls under any of the following cases, the relevant housing security agency shall not suspend payment of housing benefits or shall resume payment of housing benefits suspended; and in such cases, it shall not pay housing benefits during the suspension period:
1. Where the relevant recipient is notified of the suspension of housing benefits because he/she falls under Article 14 (2) 1 of the Act: Where the recipient complies with a request for the submission of materials or responds to the investigation referred to in Article 13 of the Act;
2. Where the relevant recipient is notified of the suspension of housing benefits because he/she falls under Article 14 (2) 2 of the Act:
(a) Where the recipient has paid the lessor a share of the overdue rent which is equivalent to housing benefits;
(b) Where the recipient has agreed to pay the lessor a share of the overdue rent which is equivalent to housing benefits, and then the recipient and the lessor have reached an agreement on the lessor's direct receipt of the monthly rent, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary to suspend or resume payment of housing benefits shall be prescribed by the Minister of Land, Infrastructure and Transport.
 Article 5 (Request for and Provision of Financial Information, etc.)
(1) Where the Minister of Land, Infrastructure and Transport requests the heads of financial institutions, etc. (referring to financial companies, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") of an eligible recipient, recipient, and obligatory provider pursuant to Article 15 of the Act, he/she shall expressly specify the following matters:
1. Names and resident registration numbers of the relevant eligible recipient, recipient and obligatory provider;
2. The scope of financial information, etc. subject to requests for provision and the base date and period for inquiries thereabout.
(2) Upon receipt of a request for the provision of financial information, etc. of an eligible recipient, recipient, and obligatory provider under paragraph (1), the head of the financial institution, etc. shall provide the relevant financial information, etc. including the following matters:
1. Names and resident registration numbers of the relevant eligible recipient, recipient and obligatory provider;
2. Name of a financial institution, etc. providing financial information, etc.;
3. Names of financial instruments to be provided and relevant account numbers;
4. Details of the financial information, etc.
(3) The Minister of Land, Infrastructure and Transport may request the heads of financial institutions, etc. to provide financial information, etc. by means of the information and communications networks of an association, federation, central association, etc. joined by the financial institutions, etc.
(4) The Minister of Land, Infrastructure and Transport may request the heads of financial institutions, etc. to provide financial information, etc. to the minimum extent necessary for the purposes of the investigation for verification referred to in Article 23 of the National Basic Living Security Act and the investigation for verification referred to in Article 11 of the Act, pursuant to Article 15 (2) of the Act: Provided, That in cases of an obligatory provider, such request may be made only when the obligatory provider falls under any subparagraph of Article 36-2 (4) of the Enforcement Decree of the National Basic Living Security Act.
 Article 6 (Collection, etc. of Data following Computerization of Housing Benefit Payment)
"Personal information prescribed by Presidential Decree, such as personally identifiable information referred to in Article 24 of the Personal Information Protection Act" in Article 17 (3) 1 of the Act means any of the following personal information of eligible recipients, recipients, obligatory providers or lessors:
1. Resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or foreigner registration numbers referred to in subparagraph 4 of Article 19 of the Enforcement Decree of the same Act;
2. Names, addresses or telephone numbers.
ADDENDA
Article 1 (Enforcement Decree)
This Decree shall enter into force on October 1, 2014.
Article 2 (Management of Personally Identifiable Information Necessary for Preparatory Activities for Enforcement of This Act)
The State or local governments may manage data which include resident registration numbers referred to in subparagraph 1 of Article 3 or foreigner registration numbers referred to in subparagraph 1 of Article 6, if it is inevitable to conduct affairs concerning preparatory activities necessary for conducting investigations on applications or investigations for verification, establishing an information system or providing housing benefits under Article 2 of the Addenda to the Housing Benefits Act (Act No. 12333).
ADDENDA <Presidential Decree No. 26206, Apr. 20, 2015>
Article 1 (Enforcement Decree)
This Decree shall enter into force on July 1, 2015. (Proviso Omitted.)
Article 2 Omitted.