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LICENSED CUSTOMS BROKER ACT

Act No. 4984, Dec. 6, 1995

Amended by Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5815, Feb. 5, 1999

Act No. 6102, Jan. 7, 2000

Act No. 6305, Dec. 29, 2000

Act No. 6778, Dec. 18, 2002

Act No. 7796, Dec. 29, 2005

Act No. 8517, Jul. 19, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8883, Mar. 14, 2008

Act No. 9903, Dec. 31, 2009

Act No. 10570, Apr. 8, 2011

Act No. 12160, Jan. 1, 2014

Act No. 13549, Dec. 15, 2015

Act No. 14036, Mar. 2, 2016

Act No. 14462, Dec. 27, 2016

Act No. 15329, Dec. 30, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to establish an institution for licensed customs brokers to ensure the convenience of duty payers and the smooth operation of customs administration, thereby contributing to the growth of the national economy. <Amended by Act No. 15329, Dec. 30, 2017>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 1-2 (Mission of Licensed Customs Brokers)
Licensed customs brokers’ mission as a customs specialist of public nature is to protect the rights and interests of taxpayers and contribute to the establishment of sound customs clearance.
[This Article Newly Inserted by Act No. 15329, Dec. 30, 2017]
 Article 2 (Services of Licensed Customs Brokers)
Each licensed customs broker shall perform the following services commissioned by clients: <Amended by Act No. 15329, Dec. 30, 2017>
1. Classification of Harmonized System codes and tariff rates, ascertainment of dutiable values and calculation of customs duties on imports or exports;
2. Voluntary review and preparation of the report thereon under Article 38 (3) of the Customs Act;
3. Declarations, etc. of exportation, importation or return of goods or transportation thereof to any foreign country or the Republic of Korea and implementation of the procedures related thereto under the Customs Act and/or other customs-related Acts;
4. Applications for certification or confirmation to certify that goods to be exported or imported are permitted, approved or labeled or that other conditions are met, under Article 226 of the Customs Act;
5. Raising objections and applying for review and trial on behalf of clients under the Customs Act;
6. Counseling or advice on customs;
7. Counseling or advice on declarations of exportation or importation under Articles 241 and 244 of the Customs Act;
9. Providing opinions on investigations, dispositions, etc. by customs houses for and on behalf of shippers;
10. Declarations, reporting, applications, etc. and implementation of the procedures related thereto under the Customs Act, other than those prescribed in subparagraphs 3, 4 and 5 of this Article;
11. Participating in investigations of origin and presenting opinions under Articles 17 and 20 of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, on behalf of the Commissioner of the Korea Customs Service or the head of a customs house.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 3 (Restrictions on Customs Clearance Services)
(1) No person, other than a licensed customs broker or customs service corporation referred to in this Act or a customs clearance handling corporation, etc. referred to in Article 19 (4) of this Act, may perform services referred to in Article 2 commissioned by clients (hereinafter referred to as "customs clearance services"): Provided, That this shall not apply to services referred to in subparagraphs 5, 6, 9 through 11 of Article 2 as are otherwise provided for in the Customs Act or other Acts and those referred to in subparagraphs 4 and 7 of Article 2. <Amended by Act No. 15329, Dec. 30, 2017>
(2) No person shall recommend or assist a licensed customs broker and/or any other entity referred to in paragraph (1) of this Article to perform the services referred to in Article 2 in order to receive or request payment for such recommendation or assistance.
(3) No person, other than a licensed customs broker, shall share in any remuneration or other profit derived from rendering services which may be performed only by the licensed customs broker under this Act.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER II QUALIFICATIONS OF, AND EXAMINATION FOR, LICENSED CUSTOMS BROKERS
 Article 4 (Qualifications of Licensed Customs Brokers)
A person who passes the examination for licensed customs brokers shall be qualified as a licensed customs broker.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 5 (Grounds for Disqualification)
None of the following persons may serve as a licensed customs broker: <Amended by Act No. 14036, Mar. 2, 2016; Act No. 15329, Dec. 30, 2017>
1. A minor;
2. A person under adult guardianship or a person under limited guardianship;
3. A person declared bankrupt who has not been reinstated;
4. A person in whose case three years have not elapsed since his/her imprisonment without labor or heavier punishment declared by a court was completely executed or he/she was exempted from such sentence;
5. A person in whose case one year has not elapsed since the suspension period of the execution of his/her imprisonment without labor or heavier punishment declared by a court was terminated;
5-2. A person who is under suspension of the sentence of his/her imprisonment without labor or heavier punishment declared by a court;
6. A person who has been punished by a fine or subject to a disposition of notification under Article 29 of this Act and Articles 269 through 271 and 274 of the Customs Act and for whom two years have not elapsed since he/she was punished by such fine or complied with such disposition of notification: Provided, That any person who has been punished under Article 30 of this Act and Article 279 of the Customs Act shall be excluded herefrom;
7. A person in whose case two years have not elapsed since he/she was removed or dismissed from office by impeachment or disciplinary action.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 6 (Examination for Licensed Customs Brokers)
(1) The examination for licensed customs brokers referred to in Article 4 shall be classified into a first-stage examination and a second-stage examination. <Amended by Act No. 10570, Apr. 8, 2011>
(2) Deleted. <by Act No. 6102, Jan. 7, 2000>
(3) A person who passes a first-stage examination shall be exempted from the first-stage examination in the next round, only once. <Amended by Act No. 10570, Apr. 8, 2011>
(4) The subjects of the examination for licensed customs brokers and other matters necessary therefor shall be prescribed by Presidential Decree. <Amended by Act No. 10570, Apr. 8, 2011>
 Article 6-2 (Exemption from Part of Examination)
(1) Each person who has been engaged in customs administration shall be exempted from some subjects of the examination for licensed customs brokers according to the following classifications:
1. A public official in general service who has been engaged in customs administration for at least ten years and in a field prescribed by Presidential Decree for at least five years: Exemption from all subjects of a first-stage examination;
2. Any of the following persons: Exemption from all subjects of a first-stage examination and some subjects of a second-stage examination:
(a) A Grade V or higher public official who has been engaged in customs administration as a public official in general service for at least ten years or any other public official in general service belonging to the Senior Civil Service who has been engaged in a field prescribed by Presidential Decree for at least five years;
(b) A public official in general service who has been engaged in customs administration for at least 20 years and in a field prescribed by Presidential Decree for at least five years.
(2) Subjects exempted from a second-stage examination under paragraph (1) 2 shall be prescribed by Presidential Decree, to the extent of 1/2 of the number of the subjects thereof.
(3) Paragraph (1) shall not apply in respect of the following persons: <Newly Inserted by Act No. 14462, Dec. 27, 2016>
1. A person who has been dismissed or discharged from his/her office by impeachment or disciplinary action;
2. A person for whom two years have not passed since he/she was demoted or suspended from office.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 6-3 (Sanctions on Cheating)
With regard to any of the following persons, the Commissioner of the Korea Customs Service shall suspend or invalidate the relevant examination and shall bar such person from applying for an examination for five years from the date of such disposition:
1. A person who has applied for an examination by improper means;
2. A person who has cheated in an examination.
[This Article Newly Inserted by Act No. 14036, Mar. 2, 2016]
 Article 6-4 (Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action)
(1) A Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action shall be established under the Korea Customs Service to deliberate and resolve on the following matters: <Amended by Act No. 13549, Dec. 15, 2015>
1. Following matters relating to qualifications for licensed customs brokers;
(a) Matters relating to an examination for licensed customs brokers, including the subjects thereof;
(b) Decision on the quota for selecting successful candidates for the examination;
(c) Requirements for persons to be exempted from some subjects of the licensing examination;
(d) Other important matters relating to qualifications for licensed customs brokers;
2. Disciplinary action against licensed customs brokers;
3. Denial of registration and decision on a period therefor under Article 27 (5);
(2) Matters necessary for the organization, operation, etc. of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action (hereinafter referred to as “the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action”) shall be prescribed by Presidential Decree. <Amended by Act No. 13549, Dec. 15, 2015>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER III REGISTRATION AND COMMENCEMENT OF SERVICES
 Article 7 (Registration)
(1) If a person qualified as a licensed customs broker intends to provide customs clearance services, he/she shall be registered with the Commissioner of the Korea Customs Service, as prescribed by Presidential Decree. <Amended by Act No. 12160, Jan. 1, 2014>
(2) After receiving in-service training for at least six months, as prescribed by Presidential Decree, any person qualified as a licensed customs broker may be registered under paragraph (1): Provided, That this shall not apply when a person referred to in any subparagraph of Article 6-2 (1), qualified as a licensed customs broker, or any other person whose registration is revoked under Article 8 (1) is re-registered.
(3) Registration under paragraph (1) may be renewed, as prescribed by Presidential Decree. In such cases, the renewal period shall be at least three years.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 7-2 (Denial of Registration)
(1) In any of the following cases, the Commissioner of the Korea Customs Service shall deny a registration for which a person files an application under Article 7 (1): <Amended by Act No. 13549, Dec. 15, 2015; Act No. 14036, Mar. 2, 2016>
1. Where the applicant is disqualified under any subparagraph of Article 5;
2. Where the applicant has not completed the in-service training course in accordance with Article 7 (2);
3. Where two years (where a registration was revoked under paragraph 8 (1) 2 due to the violation of Article 13-2, five years from the date of such revocation) have not yet passed since the applicant’s registration was revoked under Article 8 (1) 2;
4. Where the applicant concurrently serves as a public official or engages in any profit-making business, in violation of Article 15;
5. Where the registration denial period on which the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action decided upon by resolution pursuant to Article 27 (5) has not passed.
(2) When the Commissioner of the Korea Customs Service denies a registration under paragraph (1), he/she shall notify an applicant of the reasons therefor within 30 days from the date when an application for registration is filed.
[This Article Newly Inserted by Act No. 12160, Jan. 1, 2014]
 Article 8 (Revocation of Registration)
(1) The Commissioner of the Korea Customs Service shall revoke the registration of a licensed customs broker in any of the following cases: Provided, That when, in any case under subparagraph 3 of this paragraph, other licensed customs brokers, against whom disciplinary proceedings under Article 27 are pending, discontinue providing services before such disciplinary proceedings are complete, the registration thereof shall not be revoked until completion of such proceedings: <Amended by Act No. 13549, Dec. 15, 2015>
1. Where he/she falls under any subparagraph of Article 5;
2. Where the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action resolves to revoke his/her registration;
3. Where he/she discontinues providing services;
4. Where he/she dies.
(2) No licensed customs broker whose registration is revoked under paragraph (1) 2 shall be re-registered for two years from the date of such revocation (in cases of a licensed customs broker whose registration is revoked under paragraph (1) 2 due to his/her violation of Article 13-2, five years from the date of such revocation). <Amended by Act No. 14036, Mar. 2, 2016>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 9 (Establishment, etc. of Office)
(1) A licensed customs broker shall establish a single office to provide his/her services: Provided, That this shall not apply when he/she intends to provide only services referred to in subparagraphs 5 through 8 of Article 2.
(2) When a licensed customs broker suspends or discontinues providing services or relocates or closes his/her office, he/she shall report this to the head of the relevant customs office without delay.
(3) Licensed customs brokers may establish a joint office of two or more licensed customs brokers in order to provide services on a systematic basis as well as to enhance public confidence. In such cases, a joint office may have a main office and branch offices within the limit of not exceeding the number of its licensed customs brokers; and at least one licensed customs broker shall work full-time at each office. <Amended by Act No. 15329, Dec. 30, 2017>
(4) Where a licensed customs broker intends to establish a joint office under paragraph (3), he/she shall be registered with the Commissioner of the Korea Customs Service.
(5) A licensed customs broker may employ any other licensed customs broker or have an assistant, as prescribed by Ordinance of the Ministry of Strategy and Finance.
(6) A licensed customs broker shall be responsible for guiding and supervising other licensed customs brokers employed by him/her, as well as his/her assistants.
(7) Matters necessary for the establishment and management of offices under paragraphs (1) and (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 10 (Reporting on Commencement of Services)
A licensed customs broker who intends to commence providing services shall file a report thereon to the Commissioner of the Korea Customs Service or the head of the relevant customs office, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER IV RIGHTS AND OBLIGATIONS OF LICENSED CUSTOMS BROKERS
 Article 10-2 (Signatures, Seals, etc.)
If any licensed customs broker prepares a declaration, application, request, report or any other document (including any electronic document) in connection with his/her provision of services and submits it to a relevant institution, he/she shall affix his/her name and seal thereto or sign it (referring to electronic signature, in cases of electronic documents).
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 11 (Fees)
(1) A licensed customs broker shall receive specified fees from clients for his/her work.
(2) No licensed customs broker shall, under any pretext, receive money and other valuables from clients for his/her work, other than fees mentioned in paragraph (1).
[This Article Newly Inserted by Act No. 15329, Dec. 30, 2017]
 Article 12 (Prohibition against Lending of Name, etc.)
Any licensed customs broker shall be prohibited from allowing any other person to provide customs clearance services using his/her name or office name, or from lending his/her qualification or registration certificate.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 13 (Maintenance of Dignity, Duty of Good Faith, etc.)
(1) A licensed customs broker shall comply with this Act and the Customs Act as well as with orders issued under this Act or the Customs Act and shall provide customs clearance services in good faith and in a fair manner. <Amended by Act No. 15329, Dec. 30, 2017>
(2) A licensed customs broker shall not engage in any act that impairs dignity. <Newly Inserted by Act No. 15329, Dec. 30, 2017>
(3) A licensed customs broker shall not intentionally conceal the truth or make false statements when performing his/her duties. <Newly Inserted by Act No. 15329, Dec. 30, 2017>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 13-2 (Prohibition of Offering Money or Valuables and Similar Conduct)
No licensed customs broker shall engage in the following conducts:
1. Offering money, valuables, or entertainments, or promising to offer such to public officials;
2. Assisting another to engage in such conduct described in paragraph (1).
[This Article Newly Inserted by Act No. 14036, Mar. 2, 2016]
 Article 14 (Duty of Confidentiality)
Except as otherwise provided for in any other Act, no person who is or has been a licensed customs broker nor his/her assistant shall disclose any confidential information which comes to his/her knowledge in the course of providing services to a third party.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 15 (Prohibition against Concurrently Serving as Public Official or Conducting Business for Profit)
(1) No licensed customs broker may concurrently serve as a public official: Provided, That this shall not apply when a licensed customs broker becomes a member of the National Assembly or any local council or a part-time public official or provides services delegated by a public institution.
(2) Except as provided for in any of the following affairs, no licensed customs broker may become an employee of any other person who conducts any business for profit or an executive member, full-time executive officer or employee of any profit-making corporation:
1. Lectures in educational institutions, such as schools or educational institutes (excluding a full-time lecturer);
2. Services related to customs clearance, such as bonded merchandise storage, loading, transportation or transportation brokerage services.
(3) Paragraphs (1) and (2) shall not apply where a licensed customs broker suspends providing services.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 15-2 (Duty to Comply with Bylaws)
A licensed customs broker shall comply with the bylaws of the Korea Customs Brokers Association established under Article 21.
[This Article Newly Inserted by Act No. 15329, Dec. 30, 2017]
 Article 16 (Guarantee of Liability for Damage)
Where a licensed customs broker (excluding any licensed customs broker who belongs to a customs service corporation referred to in Article 17 or a customs clearance handling corporation, etc. referred to in Article 19 (4)) causes damage to a client by intention or negligence while providing his/her services, he/she shall take necessary measures such as subscription to insurance, as prescribed by Presidential Decree, in order to indemnify against liability for such damage.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER V CUSTOMS SERVICE CORPORATIONS
 Article 17 (Customs Service Corporation)
(1) Licensed customs brokers may establish a customs service corporation in order to provide their services systematically and professionally as well as to enhance public confidence.
(2) The articles of incorporation of a customs service corporation shall include the following:
1. Objectives;
2. Name;
3. Location of the main office and branch offices;
4. Names, resident registration numbers and domiciles of members and directors;
5. Amount of one unit of investment;
6. Number of units of investment by each member;
7. Total capital;
8. Matters relating to compensation for deficits;
9. Matters relating to general meetings of members;
10. Matters relating to a chief executive officer;
11. Matters relating to services;
12. Duration of existence and causes for dissolution, if determined.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-2 (Registration of Customs Service Corporations)
(1) If a customs service corporation intends to provide its services, it shall be registered with the Commissioner of the Korea Customs Service.
(2) A customs service corporation which desires to be registered under paragraph (1) of this Article shall meet the requirements for membership, etc. under Article 17-3 and the requirements for capital under Article 17-4 (1).
(3) If a customs service corporation which files an application for registration fails to meet the requirements specified in paragraph (2), the Commissioner of the Korea Customs Service may reject such application and, if the registration application documents are incomplete, he/she may request such customs service corporation to supplement them within a prescribed period.
(4) Matters necessary for the procedures for registration of customs service corporations under paragraph (1), documents required therefor, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-3 (Membership, etc.)
(1) Each member of a customs service corporation shall be a licensed customs broker.
(2) A customs service corporation shall have at least three directors.
(3) None of the following persons shall become a director of a customs service corporation:
1. A person who is not a member;
2. A person who has been a director of a customs service corporation whose registration is revoked or provision of services are suspended under Article 18 (limited to a person who has been a director as at the time any cause for such revocation or suspension occurred), in which cases three years have not elapsed since such revocation or the customs service corporation is under such suspension;
3. Deleted. <by Act No. 15329, Dec. 30, 2017>
(4) Each customs service corporation shall have at least five licensed customs brokers, including directors. <Amended by Act No. 15329, Dec. 30, 2017>
(5) A customs service corporation shall have a chief executive officer, as prescribed by Presidential Decree.
(6) A member of a customs service corporation may withdraw from the corporation at will. <Newly Inserted by Act No. 15329, Dec. 30, 2017>
(7) In any of the following cases, a member of a customs service corporation shall, ipso facto, withdraw from the corporation: <Amended by Act No. 15329, Dec. 30, 2017>
1. Where his/her registration as a licensed customs broker is revoked under Article 8;
2. Where any cause for withdrawal specified in the articles of incorporation arises;
3. Where a general meeting of members passes a resolution for the withdrawal;
4. Where he/she is subject to disciplinary action corresponding to the suspension of service or partial suspension of service under Article 27 (2) 2 or 3.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-4 (Capital, etc.)
(1) A customs service corporation shall have a starting capital of at least 200 million won.
(2) If an amount determined by subtracting total liabilities from total assets on the balance sheet as at the end of the immediately preceding year of service is less than the capital referred to in paragraph (1), a customs service corporation shall compensate for the shortfall with donations from members or increase its capital, within six months after the end of each service year.
(3) Any donation made under paragraph (2) shall be included in extraordinary income.
(4) If a customs service corporation neither makes compensation nor increases its capital under paragraph (2), the Commissioner of the Korea Customs Service may order the customs service corporation to do so within a fixed period.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-5 (Damage Reserves, etc.)
(1) In order to indemnify against liability for any damage caused to a client in the course of performing its services under Article 2, a customs service corporation shall accumulate a damage reserve or take out damage liability insurance for each year of service, as prescribed by Presidential Decree.
(2) No damage reserve accumulated under paragraph (1) shall be used for any purpose, other than for compensation for damage, without the approval of the Commissioner of the Korea Customs Service.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-6 (Restrictions, etc. on Investments in Different Corporations)
(1) No customs service corporation shall invest in any other corporation nor guarantee the obligations of another person in excess of an amount determined by multiplying equity capital by a ratio prescribed by Presidential Decree.
(2) The term "equity capital" referred to in paragraph (1) means an amount determined by subtracting total liabilities (excluding a damage reserve under Article 17-5 (1)) from total assets on the balance sheet as at the end of the immediately preceding year of service.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-7 (Names)
A customs service corporation shall use the expression "customs service corporation" as its name or part thereof.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-8 (Offices, etc.)
(1) A customs service corporation may have a branch in addition to its main office.
(2) At least two licensed customs brokers who are directors shall work full-time in the main office of a customs service corporation, and at least one licensed customs broker who is a director shall work full-time in a branch office thereof.
(3) A director and a licensed customs broker who is not a director (hereinafter referred to as “affiliated licensed customs broker”) of a customs service corporation may not have any office, other than the customs service corporation. <Amended by Act No. 15329, Dec. 30, 2017>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-9 (Method, etc. of Providing Services)
(1) A customs service corporation shall provide its services in its own name, designating a licensed customs broker responsible for such services. Where designating an affiliated licensed customs broker, a director shall be deemed to be included in the affiliated licensed customs broker.
(2) A document which a customs service corporation prepares in connection with its services shall include its name and the name of a licensed customs broker responsible for such services.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-10 (Prohibition against Provision of other Competitive Services)
(1) No director or affiliated licensed customs broker of a customs service corporation shall provide any of the services which fall within the scope of those of the customs service corporation for and on behalf of himself/herself or any third party, nor become a director or affiliated licensed customs broker of any other customs service corporation.
(2) No person who has been a director or affiliated licensed customs broker of a customs service corporation shall, as a licensed customs broker, provide those services which the customs service corporation provided or consented to provide while he/she belonged thereto: Provided, That this shall not apply when the customs service corporation gives consent thereto.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-11 (Dissolution)
(1) A customs service corporation shall be dissolved in any of the following cases:
1. Where any cause for such dissolution specified in its articles of incorporation arises;
2. Where a general meeting of members passes a resolution to dissolve the corporation;
3. Where it merges with any other corporation;
4. Where it is declared bankrupt;
5. Where it is ordered to be or declared dissolved by court;
6. Where its registration is revoked.
(2) If any cause specified in paragraph (1) 1 through 5 arises, a customs service corporation shall notify the Commissioner of the Korea Customs Service thereof.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-12 (Reporting Amendments to Articles of Incorporation)
If a customs service corporation amends the provisions referred to in subparagraphs 1 through 4 (excluding the domiciles of members and directors), 7 (limited to the reduction in capital), 10, or 11 of Article 17 (2) regarding the information required to be included in the articles of incorporation, it shall report such to the Commissioner of the Korea Customs Service without delay.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 17-13 (Provisions Applicable Mutatis Mutandis)
(1) Articles 7 (3), 9 (5) and (6), 10, 10-2, 12, 13, 13-2, and 14 shall apply mutatis mutandis to a customs service corporation. <Amended by Act No. 13549, Dec. 15, 2015; Act No. 14036, Mar. 2, 2016>
(2) Except as provided for in this Act, the provisions of the Commercial Act concerning limited liability incorporations shall apply mutatis mutandis to a customs service corporation.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 18 (Revocation, etc. of Registration)
If a customs service corporation falls under any of the following cases, the Commissioner of the Korea Customs Service may revoke its registration or order it to fully or partially suspend provisions of services for a prescribed period of up to one year: Provided, That when the customs service corporation falls under subparagraphs 1 through 3, such registration shall be revoked: <Amended by Act No. 13549, Dec. 15, 2015; Act No. 14036, Mar. 2, 2016 >
1. Where it provides any service, in violation of an order to suspend provision of services;
2. Where it is registered under Article 17-2 (1) by deceit or other fraudulent means;
3. Where it fails to meet the requirements referred to in Article 17-3 (1) through (4) or 17-4 (1) and to supplement such requirements within six months;
4. Where it violates an order of the Commissioner of the Korea Customs Service to make compensation or to increase its capital under Article 17-4 (4);
5. Where it violates Article 17-3 (5), 17-5, 17-6, 17-7, 17-8 (2), 17-9 or 17-12, or any of Articles 10, 10-2, 12, 13, 13-2, and 14 applying mutatis mutandis under 17-13 (1).
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER V-2 CUSTOMS CLEARANCE HANDLING CORPORATION, ETC.
 Article 19 (Customs Clearance Handling Corporations, etc.)
(1) Any of the following persons, registered with the Commissioner of the Korea Customs Service as prescribed by Presidential Decree, may provide customs clearance services: <Amended by Act No. 12160, Jan. 1, 2014>
1. A corporation that engages in the business of providing transportation, storage, or loading and unloading services (hereafter referred to as “transportation services, etc.” in this Article);
2. A corporation, at least 50/100 of the capital of which is invested by a corporation referred to in subparagraph 1;
3. A general logistics company (hereafter referred to as "general logistics company" in this Article) certified under Article 38 of the Framework Act on Logistics Policies, as prescribed by Presidential Decree.
(2) An entity which intends to be registered with the Commissioner of the Korea Customs Service under paragraph (1) shall meet all of the following requirements:
1. It shall have a capital of at least the amount prescribed by Presidential Decree;
2. It shall have facilities or equipment prescribed by Ordinance of the Ministry of Strategy and Finance;
3. It shall meet other requirements for customs clearance services prescribed by Presidential Decree.
(3) If a person who has filed an application for registration fails to meet the requirements under paragraph (2), the Commissioner of the Korea Customs Service may reject such application for registration, and, if documents for a registration application are incomplete, he/she may request such person to supplement them within a fixed period.
(4) Articles 7 (3), 10, 10-2, 12, 13, 13-2, 14, and 16 shall apply mutatis mutandis to a corporation or general logistics company registered under paragraph (1) (hereinafter referred to as "customs clearance handling corporation, etc."). <Amended by Act No. 13549, Dec. 15, 2015; Act No. 14036, Mar. 2, 2016>
(5) A customs clearance handling corporation, etc. may provide clearance services only for the goods for which transportation services, etc. are entrusted by a third party to a customs clearance handling corporation, etc. or a corporation that has invested in a customs clearance handling corporation as defined in paragraph (1) 2. <Amended by Act No. 12160, Jan. 1, 2014>
(6) When a customs clearance handling corporation, etc. provides customs clearance services for the goods referred to in paragraph (5), it shall directly provide transportation services, etc. for the goods with its own facilities or equipment under paragraph (2) 2: Provided, That a customs clearance handling corporation, etc. is not required to directly provide transportation services, etc. with its own facilities or equipment under paragraph (2) 2 in cases specified by Presidential Decree as those where it is impracticable for a customs clearance handling corporation, etc. to directly provide transportation services, etc. for the goods referred to in paragraph (5) with its own facilities or equipment under paragraph (2) 2. <Newly Inserted by Act No. 12160, Jan. 1, 2014>
(7) A customs clearance handling corporation, etc. shall have at least one licensed customs broker in each office in which it intends to provide customs clearance services, as prescribed by Presidential Decree. <Amended by Act No. 12160, Jan. 1, 2014>
(8) Procedures for registration under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 12160, Jan. 1, 2014>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 20 (Revocation, etc. of Registration)
If a customs clearance handling corporation, etc. falls under any of the following cases, the Commissioner of the Korea Customs Service may revoke its registration, or order it to fully or partially suspend its customs clearance services for a prescribed period of up to one year: Provided, That if a customs clearance handling corporation, etc. falls under any of subparagraphs 1 through 3, its registration shall be revoked: <Amended by Act No. 12160, Jan. 1, 2014; Act No. 13549, Dec. 15, 2015; Act No. 14036, Mar. 2, 2016>
1. Where it provides customs clearance services, in violation of an order to suspend providing services;
2. Where it is registered under Article 19 (1) by deceit or other fraudulent means;
3. Where it fails to meet the registration requirements under Article 19 (2) and to supplement such requirements within six months;
4. Where it violates Articles 10, 10-2, 12, 13, 13-2, 14, and 16 applying mutatis mutandis under Article 19 (4);
5. Where it provides customs clearance service, in violation of Article 19 (5) or (6);
6. Where it violates Article 19 (7).
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER VI KOREA CUSTOMS BROKERS ASSOCIATION
 Article 21 (Establishment of Korea Customs Brokers Association)
(1) Licensed customs brokers shall establish the Korea Customs Brokers Association in order to enhance their dignity and capability, to foster their professional ethics and to establish order for sound customs clearance.
(2) If the Korea Customs Brokers Association intends to establish or amend its bylaws, it shall obtain authorization from the Commissioner of the Korea Customs Service.
(3) Licensed customs brokers, customs service corporations and customs clearance handling corporations, etc. shall be members of the Korea Customs Brokers Association.
(4) The Korea Customs Brokers Association shall be a corporation.
(5) Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Korea Customs Brokers Association.
(6) Matters necessary for the establishment and operation of the Korea Customs Brokers Association shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 21-2 (Training, etc. for Members)
(1) The Korea Customs Brokers Association shall implement training programs for the following persons and shall guide and supervise members’ voluntary training activities:
1. Members;
2. Assistants under Article 9 (5).
(2) In order to implement training programs under paragraph (1), the Korea Customs Brokers Association shall establish a customs training institute as its affiliated organization.
(3) Matters necessary for the training and supervision under paragraph (1) shall be prescribed by the Korea Customs Brokers Association, subject to approval from the Commissioner of the Korea Customs Service.
[This Article Newly Inserted by Act No. 12160, Jan. 1, 2014]
 Article 21-3 (Consultation, etc. on Business Affairs)
(1) Public institutions may entrust business affairs that pertain to the duties of licensed customs brokers under Article 2 to, or seek advice thereon from, the Korea Customs Brokers Association.
(2) Upon receipt of entrustment of business affairs or request for advice under paragraph (1), the Korea Customs Brokers Association may have its members conduct such business affairs or provide advice thereon.
[This Article Newly Inserted by Act No. 13549, Dec. 15, 2015]
 Article 22 (Supervision of the Korea Customs Brokers Association)
The Korea Customs Brokers Association shall be under the supervision of the Commissioner of the Korea Customs Service.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 23 Deleted. <by Act No. 8517, Jul. 19, 2007>
 Article 24 (Hearings)
If the Commissioner of the Korea Customs Service intends to take any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 12160, Jan. 1, 2014>
1. Revocation of the registration of a customs service corporation or suspension of business operation of a customs service corporation under Article 18;
2. Revocation of the registration of a customs clearance handling corporation, etc. or suspension of business operation of a customs clearance handling corporation, etc. under Article 20.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 25 (Prohibition, etc. against Use of Similar Names)
(1) No person, other than a person registered under Article 7, 17-2, or 19 or the Korea Customs Brokers Association established under Article 21, shall use the title or name "licensed customs broker", "customs service corporation", "customs clearance handling corporation", or "Korea Customs Brokers Association" or any similar title or name thereto. <Amended by Act No. 12160, Jan. 1, 2014>
(2) No person, other than a licensed customs broker, customs service corporation or customs clearance handling corporation, etc. under this Act, shall give any indication or place an advertisement to mislead other persons into believing that he/she directly provides customs clearance services.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 26 (Delegation and Entrustment)
The Commissioner of the Korea Customs Service may either delegate part of his/her authority or duties under this Act to the head of a customs office, or entrust the Korea Customs Brokers Association or any specialized institution or organization related to the verification of qualifications therewith, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 26-2 (Legal Fiction as Public Official in Application of Penalty Provisions)
Executive officers and employees of the Korea Customs Brokers Association or any specialized institution or organization related to the verification of qualifications entrusted with the duties from the Commissioner of the Korea Customs Service under Article 26, shall be deemed public officials in applying Articles 127 and 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 15329, Dec. 30, 2017]
CHAPTER VIII DISCIPLINARY ACTION
 Article 27 (Disciplinary Action)
(1) Where the head of the relevant customs office or the President of the Korea Customs Brokers Association recommends the Commissioner of the Korea Customs Service to take disciplinary action against a licensed customs broker falling under any of the following cases as prescribed by Presidential Decree, the Commissioner of the Korea Customs Service shall take disciplinary action against him/her by resolution of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action; Provided, That the Commissioner of the Korea Customs Service may ex officio request the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action to resolve on disciplinary action against a licensed customs broker in cases falling under subparagraph 1: <Amended by Act No. 13549, Dec. 15, 2015>
1. Where he/she violates this Act or the Customs Act or fails to comply with an order issued under this Act or the Customs Act;
2. Where he/she violates the bylaws of the Korea Customs Brokers Association.
(2) Disciplinary action shall be classified as follows: <Amended by Act No. 13549, Dec. 15, 2015>
1. Revocation of registration;
2. Suspension of provision of services for up to two years;
3. Suspension of provision of part of the services for up to six months;
4. An administrative fine not exceeding ten million won;
5. Reprimand.
(3) If the Commissioner of the Korea Customs Service requires a resolution on disciplinary action against a licensed customs broker, he/she shall notify the licensed customs broker thereof.
(4) No licensed customs broker who is notified of a request for a resolution on disciplinary action against him/her shall establish a joint office referred to in Article 9 (3) or a new office, nor employ other licensed customs broker or assistants until the Committee for licensed Customs Broker Qualification Deliberation and Disciplinary Action adopts a resolution thereon. <Amended by Act No. 13549, Dec. 15, 2015>
(5) Where a licensed customs broker falls under any of the subparagraphs of paragraph (1) and where his/her registration is revoked under Article 8 (1) 3 before the head of a customs office or the President of the Korea Customs Brokers Association recommends the Commissioner of the Korea Customs Service to take disciplinary action against him/her or the Commissioner of the Korea Customs Service ex officio requests the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action to revolve on disciplinary action against him/her, the Commissioner of the Korea Customs Service may deny a registration pursuant to Article 7 for a specified period not exceeding five years following the resolution thereon by the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action. <Newly Inserted by Act No. 13549, Dec. 15, 2015>
(6) Disciplinary action under paragraph (1) may not be taken, nor the registration referred to in paragraph (5) may be denied after the elapse of three years from the date any cause for such disciplinary action or such denial arises. <Amended by Act No. 13549, Dec. 15, 2015>
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 28 Deleted. <by Act No. 13549, Dec. 15, 2015>
CHAPTER IX PENALTY PROVISIONS
 Article 29 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who provides customs clearance services, in violation of Article 3 (1);
2. A person who discloses any confidential information, in violation of Article 14 (including cases to which the aforesaid Article shall apply mutatis mutandis under Articles 17-13 (1) or 19 (4)).
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 12160, Jan. 1, 2014>
1. A person who violates Article 3 (2) or (3);
2. A person who provides customs clearance services without being registered as a licensed customs broker in violation of Article 7;
3. A person who allows any other person to use his/her name in violation of Article 12 (including cases to which the aforesaid Article shall apply mutatis mutandis under Articles 17-13 (1) or 19 (4)) and a person who borrows such name.
(3) Any of the following persons shall be punished by a fine not exceeding two million won: <Amended by Act No. 12160, Jan. 1, 2014>
1. A person who establishes an office in violation of Article 9 (1) or (3) or Article 17-8 (2) or (3);
2. A person who fails to report commencement of providing services in violation of Article 10;
3. A person who violates Article 15;
4. A person who violates Article 17-10;
5. A person who provides customs clearance services in violation of Article 19 (5) or (6);
6. A person who violates Article 27 (4).
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 30 (Joint Penalty Provisions)
If the representative of a corporation or an agent, employee of, or other persons employed by, a corporation or licensed customs broker commits a violation under Article 29 in connection with the business of the corporation or licensed customs broker, not only shall such violator be punished accordingly, but the corporation or licensed customs broker shall also be punished by the fine prescribed in the relevant provision: Provided, That this shall not apply to cases where a corporation or licensed customs broker had not been negligent in giving due attention and supervision in connection with the relevant duties to prevent such violation.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 31 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 12160, Jan. 1, 2014>
1. A person who fails to report in violation of Article 9 (2);
2. Deleted; <by Act No. 13549, Dec. 15, 2015>
3. A person who violates Article 19 (7);
4. A person who uses any similar title or name, in violation of Article 25 (1);
5. A person who gives an indication or places an advertisement, in violation of Article 25 (2).
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the Commissioner of the Korea Customs Service or the head of the relevant customs office.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
 Article 32 (Investigations and Dispositions)
A person referred to in any subparagraph of Article 29 (1) through (3) of this Act shall be subject to Articles 283 through 319 of the Customs Act.
[This Article Wholly Amended by Act No. 10570, Apr. 8, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1996.
Article 2 (Transitional Measures)
Matters prescribed in this Act performed under the Customs Act before this Act enters into force shall be deemed performed under this Act.
Article 3 (Transitional Measures concerning Qualifications of Licensed Customs Brokers)
Notwithstanding the provisions of subparagraph 2 of Article 4, the previous provisions of the Customs Act shall apply to qualifying as a licensed customs broker any public officials in general service whose term of service is at least ten years and includes at least five years of service as a Grade V or higher public official as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Grounds for Disqualification)
If a licensed customs broker is disqualified under Article 5 due to any cause occurring before this Act enters into force at the time this Act enters into force, the previous provisions of the Customs Act shall apply notwithstanding the provisions of that Article.
Article 5 (Transitional Measures concerning Practical Examination, etc.)
Notwithstanding the provisions of Article 6 of this Act, the previous provisions of the Customs Act shall apply to a person who passes the examination for licensed customs brokers in academic subjects referred to in the previous provisions of Article 159 (2) of the Customs Act before this Act enters into force and who is to receive in-service training as well as to take the practical examination.
Article 6 (Transitional Measures concerning Customs Clearance Service Corporations)
A customs clearance service corporation which obtains permission under the previous provisions of Article 158 of the Customs Act before this Act enters into force shall be deemed a customs clearance handling corporation referred to in Article 19 of this Act.
Article 7 (Transitional Measures concerning Disciplinary Action)
The application of disciplinary action to acts committed before this Act enters into force shall be subject to the previous provisions of the Customs Act.
Article 8 (Transitional Measures concerning Providers of Customs Clearance Services)
Any provider of customs clearance services who is qualified under Article 7 (2) of the Addenda of the Customs Act as amended by Act No. 2793 as at the time this Act enters into force, and who continues to provide such services with the permission of the head of the customs house concerned shall be deemed qualified as a licensed customs broker under this Act and to be registered under Article 7.
Article 9 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to any act committed before this Act enters into force shall be subject to the previous provisions of the Customs Act.
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.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
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) (Transitional Measures concerning Penalty Provisions) In applying penalty provisions for acts done before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 6102, Jan. 7, 2000>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4, 6 (2), 6-2 and 7 (2) shall enter into force on January 1, 2001.
(2) (Transitional Measures concerning Qualification of Licensed Customs Brokers) Each public official in general service who is engaged in customs administration before December 31, 2000 shall, notwithstanding the amended provisions of Article 4, be subject to the previous provisions. <Amended by Act No. 6778, Dec. 18, 2002>
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. 6778, Dec. 18, 2002>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Prohibition against Conduct of Business for Profit by Licensed Customs Brokers) If any licensed customs broker is an executive officer or staff member or an employee of a profit-making corporation or individual referred to in the previous provisions of Article 15 as at the time this Act enters into force, he/she shall be subject to the previous provisions until December 31, 2003, notwithstanding the amended provisions of Article 15.
(3) (Transitional Measures concerning Penalty Provisions) The application of the penalty provisions to any act committed before this Act enters into force shall be subject to the previous provisions.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8517, Jul. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Special Cases concerning Change in Organization of Licensed Customs Brokers Corporation)
(1) Any licensed customs brokers corporation which is established under the previous provisions of Article 17 as at the time this Act enters into force and which meets the requirements for the establishment of a customs service corporation may, with the consent of all members, be transformed into the customs service corporation by registering the dissolution of such licensed customs brokers corporation and the establishment of the customs service corporation at the location of the main office until December 31, 2008.
(2) Each member of a customs service corporation established under paragraph (1), who has been a member of a licensed customs brokers corporation, shall be liable for the obligations incurred by the licensed customs brokers corporation prior to registration under paragraph (1) as a member of the licensed customs brokers corporation until two years have elapsed since the date of such registration.
Article 3 (Special Cases concerning Indication, etc. of Provision of Customs Clearance Services)
If the amended provisions of Article 25 (2) apply, the relevant customs service corporation shall be deemed a customs service corporation or licensed customs brokers corporation until December 31, 2008.
Article 4 (Transitional Measures concerning Joint Offices)
Any joint office established and registered under the previous provisions of Article 9 (3) and (4) as at the time this Act enters into force shall be maintained until it is abolished, notwithstanding the amended provisions of Article 9 (3).
Article 5 (Transitional Measures concerning Licensed Customs Brokers Corporations)
(1) Any licensed customs brokers corporation established under the previous provisions of Article 17 as at the time this Act enters into force, shall be subject to the previous provisions until December 31, 2008, notwithstanding the amended provisions of Articles 17 through 17-13 and 18, subparagraph 1 of Article 24, and Articles 25 (1) and 31 (1) 5.
(2) Any licensed customs brokers corporation established under the previous provisions of Article 17 as at the time this Act enters into force, shall be deemed dissolved on December 31, 2008, if such licensed customs brokers corporation fails to change its organization under Article 2 (1) of these Addenda by December 31, 2008.
Article 6 (Transitional Measures concerning Members of Licensed Customs Brokers Corporations)
Any person who is or has been a member of a licensed customs brokers corporation established under the previous provisions of Article 17 as at the time this Act enters into force, shall be deemed a director of a customs service corporation established under this Act in applying the amended provisions of Article 17-3 (3) 2.
Article 7 (Transitional Measures concerning Registration of Customs Clearance Handling Corporations)
Any customs clearance handling corporation which obtains permission under the previous provisions of Article 19 as at the time this Act enters into force, shall be deemed registered under the amended provisions of Article 19.
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. 8883, Mar. 14, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 9903, Dec. 31, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10570, Apr. 8, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12160, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7, 25, and 29 (2) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Denial of Registration)
The amended provisions of Article 7-2 shall apply beginning with applications filed before this Act enters into force and pending for registration.
Article 3 (Applicability to Hearings)
The amended provisions of Article 24 shall also apply to cases for which proceedings for the suspension of business operation are pending under the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 13549, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 (3), 7-2 (1) 5, 8 (1) 2, 27 (1), (4), (5) and (6), and 28 shall enter into force on April 1, 2016.
Article 2 (Applicability concerning Denial of Registration and Relevant Matters)
The amended provisions of Article 27 (5) and (6) shall apply beginning with the revocation of registration under Article 8 (1) 3 on or after April 1, 2016.
Article 3 (Transitional Measures concerning the Committee for Deliberation on Licensed Customs Broker Qualifications and the Licensed Customs Broker Disciplinary Committee)
The deliberations, resolutions, and other acts conducted by the Committee for Deliberation on Licensed Customs Broker Qualifications or the Licensed Customs Broker Disciplinary Committee, requests for disciplinary action made to Licensed Customs Broker Disciplinary Committee and other acts done in relation to the Committee for Deliberation on Licensed Customs Broker Qualifications or the Licensed Customs Broker Disciplinary Committee under the relevant previous provisions as of April 1, 2016 shall be deemed acts conducted by or acts done in relation to the Committee for Deliberation on Licensed Customs Broker Qualifications or the Licensed Customs Broker Disciplinary Committee under the amended provision of Article 6-3.
Article 4 (Transitional Measures concerning Revocation, etc. of Registration of Customs Service Corporations)
Where the previous Article 11 was violated before this Act enters into force, the previous provision shall apply to such violation notwithstanding the amended provisions of Article 11 and subparagraph 5 of Article 18.
Article 5 (Transitional Measures concerning Revocation, etc. of Registration of Customs Clearance Handling Corporations, etc.)
Where the previous Article 11 was violated before this Act enters into force, the previous provision shall apply to such violation notwithstanding the amended provisions of Article 11 and subparagraph 4 of Article 20.
Article 6 (Transitional Measures concerning Disciplinary Action)
(1) Where disciplinary action is imposed for an act committed before this Act enters into force, the previous provision shall apply to such violation notwithstanding the amended provision of Article 27 (2) 2.
(2) The amended provisions of Article 27 (2) 4 shall apply beginning with cases where any cause of disciplinary action occurs after this Act enters into force.
Article 7 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provision of Article 31 (1) 2, the previous provisions governing administrative fines shall apply to acts committed before this Act enters into force.
ADDENDA <Act No. 14036, Mar. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6-3 and 6-4 shall enter into force on April 1, 2016.
Article 2 (Applicability to Denial and Revocation of Registration)
The amended provisions of Article 7-2 (1) 3 and Article 8 (2) shall apply where a registration is revoked after this Act enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
A person under adult guardianship or person under limited guardianship provided in the amended provisions of subparagraph 2 of Article 5 shall be deemed to include a person for whom the adjudication of incompetence or quasi-incompetence remains valid pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 14462, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Article 2 (Applicability to Exemption from Part of Examination)
The amended provisions of Article 6-2 (3) shall apply, beginning with the person who is first dismissed or discharged from his/her office after this Act enters into force.
ADDENDA <Act No. 15329, Dec. 30, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Article 2 (Applicability concerning Ipso Facto Withdrawal of Members of Customs Service Corporation)
The amended provisions of Article 17-3 (7) 4 shall apply beginning with the persons who are subject to disciplinary action specified in Article 27 (2) 2 or 3 after this Act enters into force.
Article 3 (Transitional Measures concerning Grounds for Disqualification of Licensed Customs Brokers)
Notwithstanding the amended provisions of subparagraphs 4, 5, 5-2 and 7 of Article 5, the previous provisions shall apply with regard to the licensed customs brokers who become disqualified due to an event that occurred before this Act enters into force.
Article 4 (Transitional Measures concerning Grounds for Disqualification of Directors, etc. of Customs Service Corporation)
Notwithstanding the amended provisions of Article 17-3 (3) 3 and (4), the previous provisions shall apply with regard to the licensed customs brokers against whom disciplinary action specified in Article 27 (2) 2 or 3 is taken and whose business is suspended as at the time this Act enters into force.