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ENFORCEMENT DECREE OF THE ACT ON THE SUBMISSION AND MANAGEMENT OF TAXATION DATA

Presidential Decree No. 19513, jun. 12, 1998

Presidential Decree No. 16860, jun. 27, 2000

Presidential Decree No. 17048, Dec. 29, 2000

Presidential Decree No. 17296, Jul. 7, 2001

Presidential Decree No. 18184, Dec. 30, 2003

Presidential Decree No. 18405, May 29, 2004

Presidential Decree No. 18796, Apr. 22, 2005

Presidential Decree No. 18903, jun. 30, 2005

Presidential Decree No. 19246, Dec. 30, 2005

Presidential Decree No. 19493, May 30, 2006

Presidential Decree No. 19714, Oct. 29, 2006

Presidential Decree No. 20209, Aug. 6, 2007

Presidential Decree No. 20720, Feb. 29, 2008

Presidential Decree No. 21019, Sep. 18, 2008

Presidential Decree No. 21077, Oct. 8, 2008

Presidential Decree No. 21098, Oct. 29, 2008

Presidential Decree No. 21300, Feb. 4, 2009

Presidential Decree No. 21641, Jul. 27, 2009

Presidential Decree No. 22048, Feb. 18, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22497, Nov. 19, 2010

Presidential Decree No. 22933, May 30, 2011

Presidential Decree No. 23318, Nov. 25, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 24372, Feb. 15, 2013

Presidential Decree No. 24441, Mar. 23, 2013

Presidential Decree No. 24638, jun. 28, 2013

Presidential Decree No. 24664, Jul. 22, 2013

Presidential Decree No. 24865, Nov. 20, 2013

Presidential Decree No. 25204, Feb. 21, 2014

Presidential Decree No. 25207, Feb. 21, 2014

Presidential Decree No. 25918, Dec. 30, 2014

Presidential Decree No. 25985, Jan. 6, 2015

Presidential Decree No. 26077, Feb. 3, 2015

Presidential Decree No. 26438, Jul. 24, 2015

Presidential Decree No. 26955, Feb. 5, 2016

Presidential Decree No. 28628, Feb. 9, 2018

Presidential Decree No. 28648, Feb. 13, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Submission and Management of Taxation Data and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 24372, Feb. 15, 2013]
 Article 2 (Scope of Institutions subject to Submission of Taxation Data)
"Institutions or organizations determined by Presidential Decree" in subparagraph 6 of Article 4 of the Act on the Submission and Management of Taxation Data (hereinafter referred to as the "Act") means any of the following institutions or organizations: <Amended by Presidential Decree No. 24865, Nov. 20, 2013; Presidential Decree No. 28648, Feb. 13, 2018>
1. The National Health Insurance Corporation under the National Health Insurance Act;
2. The Korea Workers' Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act;
3. The Korea Media Rating Board under the Promotion of the Motion Pictures and Video Products Act, and the Game Product Administration Committee under the Game Industry Promotion Act;
4. The Specialized Credit Financial Business Association under the Specialized Credit Finance Business Act;
5. A federation established pursuant to Article 59 of the Passenger Transport Service Act;
6. A federation established pursuant to Article 50 of the Trucking Transport Business Act;
7. A local bar association under the Attorney-at-Law Act;
8. A local certified judicial scriveners association under the Certified Judicial Scriveners Act;
9. The Korea Customs Brokers Association under the Licensed Customs Broker Act;
10. The Korean Institute of Certified Public Accountants under the Certified Public Accountant Act;
11. The Korea Association of Certified Tax Accountants under the Certified Tax Accountant Act;
12. A corporation designated and publicly announced by the Commissioner of the National Tax Service from among corporations incorporated pursuant to Article 32 of the Civil Act which conduct financial settlement affairs;
13. The Korea Financial Investment Association under the Financial Investment Services and Capital Markets Act;
14. The Korea Securities Depository under the Financial Investment Services and Capital Markets Act;
15. The Korea International Cooperation Agency under the Korea International Cooperation Agency Act;
16. The Korea Foundation for International Healthcare under the Korean Foundation for International Healthcare Act;
17. The Republic of Korea National Red Cross under the Organization of the Republic of Korea National Red Cross Act.
[This Article Wholly Amended by Presidential Decree No. 24372, Feb. 15, 2013]
 Article 3 (Scope and Timing for Submission of Taxation Data)
The scope of taxation data to be submitted by institutions subject to submitting taxation data under Article 4 of the Act (hereinafter referred to as "institutions subject to submitting taxation data") pursuant to Article 5 of the Act, tax agencies which receive taxation data pursuant to Article 7 (1) of the Act, and the timing for submitting the taxation data shall be specified in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 24372, Feb. 15, 2013]
 Article 4 (Submission of Taxation Data on Financial Transactions)
(1) Where the Commissioner of the National Tax Service or the commissioner of a regional tax office requests the head of a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial company, etc.") to submit information on financial transactions of a person deemed accused of tax evasion (including a corporation) pursuant to Article 6 (1) of the Act, he/she shall clearly state the period of financial transactions for which it is necessary to verify the allegation of tax evasion.
(2) The head of a financial company, etc. who submits information on financial transactions pursuant to Article 6 (2) of the Act shall notify, in writing, the relevant trader of the major contents and submission date of the information on financial transactions submitted to the Commissioner of the National Tax Service or the commissioner of a regional tax office, within ten days from the submission date.
(3) In either of the following cases, the Commissioner of the National Tax Service or the commissioner of a regional tax office may request, in writing, the head of a financial company, etc. who submits information on financial transactions to postpone the notification under paragraph (2) for a period of less than six months, and the head of the financial company, etc. so requested shall comply with such request except in extenuating circumstances:
1. Where it is likely to destroy evidence necessary for verifying the allegation of tax evasion if the submission of information on financial transactions is notified;
2. Where it is likely to hinder or excessively delay the progress of national tax administrative procedures, such as inquiries and investigations, if the submission of the information on financial transactions is notified.
(4) The head of a financial company, etc. who has submitted information on financial transactions pursuant to Article 6 (2) of the Act shall record the details of the information in writing.
(5) The records kept under paragraph (4) shall be kept for three years after the submission of the information on financial transactions.
(6) "Minor measures prescribed by Presidential Decree" under Article 6 (4) of the Act means warnings issued under Article 376 (1) 11 (a) or cautions issued under Article 376 (1) 11 (b) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act. <Newly Inserted by Presidential Decree No. 25207, Feb. 21, 2014>
[This Article Wholly Amended by Presidential Decree No. 24372, Feb. 15, 2013]
 Article 5 (Addition or Supplementation of Taxation Data)
Where an institution subject to submitting taxation data receives a request from the head of a tax office, the commissioner of a regional tax office, or the Commissioner of the National Tax Service to add or supplement taxation data pursuant to Article 7 (3) of the Act, he/she shall comply with such request within 15 days after receipt of the request, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 24372, Feb. 15, 2013]
 Article 6 (Management of Sensitive Information and Personally Identifiable Information)
(1) If it is inevitable to conduct affairs concerning the submission and management of taxation data under the Act and this Decree, tax officials defined in subparagraph 17 of Article 2 of the Framework Act on National Taxes may manage data containing health-related information under Article 23 of the Personal Information Protection Act or resident registration numbers, passport numbers, driver's license numbers, or foreigner registration numbers under Article 19 of the Enforcement Decree of the same Act, which have been submitted pursuant to Articles 6 through 8 of the Act.
(2) If it is inevitable to submit taxation data pursuant to Articles 6 through 8 of the Act, the heads of institutions subject to submitting taxation data may manage data containing personal information under paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 7 Deleted. <by Presidential Decree No. 21300, Feb. 4, 2009>
ADDENDUM
This Decree shall enter into force on July 1, 2000.
ADDENDA <Presidential Decree No. 17048, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 17296, Jul. 7, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18184, Dec. 30, 2003>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2004: Provided, That the amended provisions of subparagraph 28 of the attached Table shall enter into force on July 1, 2004.
(2) (General Applicability) This Decree shall apply beginning with the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
ADDENDA <Presidential Decree No. 18405, May 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2004.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18796, Apr. 22, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2005. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18903, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19246, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 19493, May 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19714, Oct. 26, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20209, Aug. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 28 and 46 of the attached Table shall enter into force on January 1, 2008.
Article 2 (General Applicability)
This Decree shall apply beginning with the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees already promulgated, but which has not yet entered into force before this Decree enters into force, among Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the dates the respective relevant Presidential Decrees enter info force.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 21019, Sep. 18, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21077, Oct. 8, 2008>
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. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21300, Feb. 4, 2009>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 and 7 shall enter into force on March 27, 2009.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 22048, Feb. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability)
This Decree shall apply from the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22933, May 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2011.
Article 2 (Applicability to Submission of Local Letter of Credit and other Taxation Data)
The amended provisions of the attached Table shall apply from the first local letter of credit opened or the first confirmation of purchase issued after this Decree enters into force.
ADDENDA <Presidential Decree No. 23318, Nov. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24372, Feb. 15, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of the attached Table shall apply from the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
ADDENDA <Presidential Decree No. 24441, Mar. 23, 2013>
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. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 24664, Jul. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Submission of Taxation Data by Financial Supervisory Service)
The amended provisions of the attached Table shall apply from the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
ADDENDA <Presidential Decree No. 24865, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 23, 2013. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25204, Feb. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25207, Feb. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Submission of Taxation Data)
The amended provisions of the attached Table shall apply beginning with the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
ADDENDA <Presidential Decree No. 25918, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
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. 26077, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 101 of the attached Table shall enter into force on July 1, 2015.
Article 2 (Applicability to Submission of Taxation Data)
The amended provisions of the attached Table shall apply from the first taxation data submitted by an institution subject to submitting taxation data after this Decree enters into force.
Article 3 (Special Cases concerning Submission of Payment Data on Oil Subsidies for Transport Business Operators)
Where the Ministry of Land, Infrastructure and Transport submits payment data on oil subsidies for transport business operators by January 31, 2015, it shall submit taxation data for the period from July 1, 2014 to December 31, 2014, notwithstanding the amended provisions of subparagraph 31 of the attached Table and subparagraph 15 in the remarks column of the same Table.
ADDENDA <Presidential Decree No. 26438, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26955, Feb. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 28648, Feb. 13, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Article 2 (Applicability to Submission of Taxation Data)
The amended provisions of the attached Table shall apply, beginning with taxation data submitted by an institution subject to submitting taxation data after March 1, 2018.
Article 3 (Special Cases concerning Submission of Data about Petroleum Supply-Demand and Trading Records)
Where data concerning petroleum supply and demand conditions and trading records are submitted by March 31, 2018 pursuant to the amended provisions of subparagraph 48 of the attached Table, taxation data for the period from July 1, 2017 to February 28, 2018 shall be submitted, notwithstanding subparagraph 3 of the same attached Table.
Article 4 (Special Cases concerning Submission of Local Letter of Credit or Confirmation of Purchase)
Where a local letter of credit or a confirmation of purchase is submitted on March 31, 2018 pursuant to the amended provisions of subparagraph 83 of the attached Table, taxation data for the period from February 21, 2018 to March 1, 2018 shall be submitted.