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ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY

Ordinance of the Prime Minister No. 673, Dec. 31, 1997

Amended by Ordinance of the Prime Minister No. 875, Mar. 3, 2008

Ordinance of the Prime Minister No. 1012, Mar. 23, 2013

 Article 1 (Purpose)
The purpose of this Rule is to provide for matters delegated by the Act on Real Name Financial Transactions and Confidentiality and its Enforcement Decree as well as for those necessary for the enforcement thereof.
 Article 2 (Financial Assets)
As used in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as the In this "Act"), the term "those provided for by Ordinance of the Prime Minister" means any of the following:
1. Certificates of pre-emptive rights to new shares; and
2. Securities or certificates issued by any foreign country or foreign body corporate.
 Article 3 (Confirmation of Transactions in Real Name)
Real names in financial transactions shall be verified as follows: <Amended by Ordinance No. 875, Mar. 3, 2008>
1. In cases of individuals:
(a) Resident registration cards of persons subject to the issuance thereof: Provided, That when it is difficult to be verified by resident registration cards, identifications which are issued by the government agencies, local governments or principals of schools under the Education Act and which show real names, or certified copies of resident registers and other proof of identification;
(b) Certified copies of resident registers of persons not subject to the issuance of resident registration cards and their legal representatives' identifications referred to in item (a), or other identifications and documents showing real names; and
(c) In cases of Korean nationals residing abroad, their passports or registration cards of Korean nationals residing abroad referred to in the proviso to subparagraph 1 of Article 3 of the Enforcement Decree of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as the "Decree");
2. In cases of juristic persons:
Business registration certificates referred to in subparagraph 2 of Article 3 of the Decree, documents on which tax identification numbers had been assigned or the certified copies thereof;
3. In cases of organizations other than juristic persons:
Certificates and documents referred to in subparagraph 1 above, which show the real names of representatives of such organizations under subparagraph 3 of Article 3 of the Decree: Provided, That in cases of organizations referred to in the proviso to subparagraph 3 of Article 3 of the Decree, documents with their identification numbers or tax identification numbers or the certified copies thereof;
4. In cases of foreigners or foreign organizations:
Alien registration cards and foreign organization registration certificates referred to in subparagraph 4 of Article 3 of the Decree or passports and identification cards; and
5. In cases where it is difficult to verify real names under subparagraphs 1 through 4:
Written confirmations or certificates issued by the heads of relevant entities or other methods determined by the Financial Services Commission.
 Article 4 (Heads of Entities Supervising and Examining Financial Institutions)
The heads of entities supervising and examining financial institutions under Article 13 (2) of the Decree shall be as shown in the annexed Table.
 Article 5 (Procedures for Collection of Fines for Negligence)
The Rule for Dealing with Affairs of Revenue Collectors shall apply mutatis mutandis to procedures for collection of fines for negligence under Article 13 (5) of the Decree. In such cases, a notice of payment thereof shall include the methods and period of raising an objection.
ADDENDA
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Rule)
Article 3 (Value of Bonds)
As used in subparagraph 5 of Article 3 of the Addenda of the Decree, the term "value provided for by Ordinance of the Prime Minister" means any of the following:
1. In cases of buying or selling the same bonds on several occasions: the amount obtained by multiplying their quantities by the unit acquisition price calculated by the moving average method (the total average method, if the financial institution concerned uses it) until August 12, 1993;
2. In cases of deposit in kind: the amount obtained by multiplying their quantities by the price formulated at the last date before depositing bonds similar to the bonds in question; or
3. In cases other than those referred to in subparagraphs 1 and 2: the acquisition value.
Article 4 Omitted.
ADDENDA <Ordinance No. 875 Mar. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Ordinance No. 1012 Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.