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ENFORCEMENT DECREE OF THE ACT ON REGULATION AND PUNISHMENT OF CRIMINAL PROCEEDS CONCEALMENT

Presidential Decree No. 25360, May 28, 2014

Amended by Presidential Decree No. 26980, Feb. 12, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Regulation and Punishment of Criminal Proceeds Concealment and matters necessary for the enforcement thereof.
 Article 2 (Scope of Reports or Meritorious Deeds)
(1) The scope of reports or meritorious deeds subject to the payment of a reward referred to in Article 13 (1) (hereinafter referred to as “reward”) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter referred to as the “Act”) is as follows:
1. Providing a clue to an investigation into specific crimes prescribed in subparagraph 1 of Article 2 of the Act or acts which constitute crimes falling under Article 3 or 4 of the Act;
2. Filing a report on the property subject to confiscation pursuant to Article 8 (2) of the Act (hereinafter referred to as “property subject to confiscation”), or providing information which is important in identifying the location of such property;
3. Filing a report on the concealed property of a person subject to a final and conclusive judgment for confiscation or collection, or providing information which is important in identifying the location of such property.
(2) The “concealed property” referred to in paragraph (1) 3 means cash, deposits, shares or other tangible and intangible assets with property values concealed by a person subject to a final and conclusive judgment for confiscation or collection: Provided, That any of the following property shall be excluded herefrom:
1. Property which becomes subject to a litigation for cancellation of fraudulent acts at the request of the State or local governments under Article 30, etc. of the National Tax Collection Act;
2. Property which is a target of an investigation or the procedures for a disposition on default of taxes under the National Tax Collection Act that prosecutors have commenced by learning of concealment.
 Article 3 (Standards, etc. for Payment of Rewards)
(1) The Minister of Justice shall pay a reward within the range of budget, but decide and pay it within the range of the maximum amount under the following table, on the basis of the amount of money that devolves on the National Treasury (hereinafter referred to as “amount of money to devolve on the National Treasury”) as the property subject to confiscation is confiscated or collected.
Amount of money to devolve on the National Treasury Maximum amount of reward
Ordinary citizen Public official or person employed by a financial company, etc. who falls under the proviso to Article 13 (1) of the Act
At least 20 billion won 100 million won 10 million won
At least 10 billion won but less than 20 billion won 70 million won
7 million won
At least 5 billion won but less than 10 billion won 50 million won 5 million won
At least 1 billion won but less than 5 billion won 30 million won 3 million won
At least 100 million won but less than 1 billion won 10 million won 1 million won
At least 50 million won but less than 100 million won 7 million won 700,000 won
Less than 50 million won 5 million won 500,000 won
(2) When the Minister of Justice determines the amount of a reward pursuant to paragraph (1), he/she shall consider each of the following:
1. Accuracy of clues to the investigation including reports, accusations, etc.; 2. Degree of contributions to the confiscation or collection;
3. Level of difficulty of the case;
4. Gravity and scale of the crime.
(3) Matters necessary for the detailed methods, procedures, etc. for the payment of rewards shall be prescribed by the Minister of Justice.
 Article 4 (Application for Payment of Rewards)
(1) A person who intends to be granted a reward shall submit an application for payment of rewards to the chief prosecutor of the competent district prosecutors’ office (including the chief prosecutor of the competent branch of a district prosecutors’ office; hereinafter the same shall apply) as prescribed by the Minister of Justice.
(2) Notwithstanding Article 2 (1) 3 of the Enforcement Decree of the Civil Petitions Treatment Act, an application referred to in paragraph (1)　may be filed under an alias or anonymously. In such cases, the reasons therefore shall be confirmed by the chief prosecutor of the competent district prosecutors’ office in receipt of the application. <Amended by Presidential Decree No. 26980, Feb. 12, 2016>
(3) The chief prosecutor of the competent district prosecutors’ office who receives an application under paragraph (1) shall submit the application to the Minister of Justice together with documents prescribed by the Minister of Justice.
 Article 5 (Recovery of Rewards)
Where a person in receipt of a reward falls under any of the following, the Minister of Justice may recover the reward: Provided, That in cases falling under subparagraph 1, he/she shall recover the reward:
1. Where a person receives a reward by fraud or other improper means;
2. Where a reward is granted by mistake, etc.
 Article 6 (Management of Sensitive Information and Personally Identifiable Information)
Where it is inevitable to conduct affairs related to the payment of rewards, the Minister of Justice and the chief prosecutor of the competent district prosecutors’ office may manage sensitive information pursuant to Article 23 of the Personal Information Protection Act or resident registration number, passport number, driver’s license number, or alien registration number pursuant to subparagraphs 1 through 4 of Article 19 of the Enforcement Decree of the same Act.
ADDENDUM
This Decree shall enter into force on May 29, 2014.
ADDENDA <Presidential Decree No. 26980, Feb. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.