SUBSIDY MANAGEMENT ACT
Wholly Amended by Act No. 3874, Dec. 31, 1986
Amended by Act No. 4268, Dec. 27, 1990
Act No. 5454, Dec. 13, 1997
Act No. 5982, May 24, 1999
Act No. 6400, Jan. 29, 2001
Act No. 8050, Oct. 4, 2006
Act No. 8852, Feb. 29, 2008
Act No. 9347, Jan. 30, 2009
Act No. 10898, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12161, Jan. 1, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13393, Jul. 20, 2015
Act No. 13931, Jan. 28, 2016
Act No. 14474, Dec. 27, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14524, Jan. 4, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15022, Oct. 31, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure appropriate management of subsidy budgets, such as efficient formulation of budgets and implementation thereof, by establishing basic rules regarding the budgeting of, applications for, decisions to grant subsidies, use, etc. thereof.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
The terms used in this Act shall be defined as follows:
| 1. | The term "subsidies" means subsidies (limited to subsidies granted to local governments or granted for the establishment of facilities or operation of corporations, organizations or individuals), charges (excluding those granted under any international treaty) that are granted by the State (including an entity that manages and operates a Fund established under any Act listed in attached Table 2 of the National Finance Act), and other benefits prescribed by Presidential Decree which are granted without any corresponding consideration to promote, or provide financial assistance in, work or programs implemented by any non-State entity; |
| 2. | The term "subsidy program" means any work or program eligible for a subsidy; |
| 3. | The term "subsidy program operator" means any person who operates a subsidy program; |
| 4. | The term "indirect subsidies" means benefits that a non-State entity re-grants gratuitously from funds financed all or in part by its subsidies in accordance with the original purposes of such subsidies; |
| 5. | The term "indirect subsidy program" means any work or program eligible for an indirect subsidy; |
| 6. | The term "indirect subsidy program operator" means any person who operates an indirect subsidy program; |
| 8. | The term "subsidy recipient" means any person who receives a subsidy or an indirect subsidy from a subsidy program operator or an indirect subsidy program operator. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 3 (Relationship to Other Statutes) |
| (1) | Except as provided in any other statutes, this Act shall apply to the management of subsidies, such as the compilation and execution of subsidies budget. |
| (2) | With respect to the formulation, etc. of subsidy budgets for a local government's education, sciences, and sports for the purposes of this Act, the "Minister of the Interior and Safety" shall be construed as the "Minister of Education", and the "head of a local government" or a "Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor" as a "Superintendent of Education," respectively. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13931, Jan. 28, 2016; Act No. 14839, Jul. 26, 2017> |
| (3) | Except as provided in this Act, the Personal Information Protection Act shall apply to the protection of personal information. <Newly Inserted by Act No. 14524, Jan. 4, 2017> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
CHAPTER II FORMULATION OF SUBSIDY BUDGET
| Article 4 (Subsidy Budget Proposals, etc. by Persons who Intend to Operate Subsidy Programs) |
| (1) | Any person who intends to operate a subsidy program shall annually submit a proposal to the head of a relevant central government agency to appropriate the amount of subsidy budget. |
| (2) | When making a proposal prescribed in paragraph (1), a written proposal stating the purposes and details of a subsidy program, expenses to be incurred in relation to a subsidy program and other necessary matters and the reference documents shall be submitted. |
| (3) | In cases of paragraphs (1) and (2), where the heads of Sis/Guns intend to operate subsidy programs, the competent Do Governor (referring to a Metropolitan City Mayor in cases of a Gun located in a Metropolitan City; hereinafter the same shall apply) may submit a comprehensive proposal that combines proposals submitted by the heads of relevant Sis/Guns. |
| (4) | Matters necessary for making proposals under paragraphs (1) through (3), including a form of proposal, reference documents, and due date, shall be determined by the head of a relevant central government agency. In such cases, the submission due date shall fall earlier than April 30 of the year immediately preceding the relevant fiscal year. <Amended by Act No. 12161, Jan. 1, 2014> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 5 (Exceptions to Subsidy Programs without Budget Proposals) |
The State may appropriate subsidies in a budget with respect to any subsidy program for which a budget proposal is not made under Article 4 in cases prescribed by Presidential Decree unavoidable for the implementation of national policies. [This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 6 (Requests for Allocation of Subsidies by Heads of Central Government Agencies) |
| (1) | The head of a central government agency shall adjust the amount and details of subsidies proposed by those who intend to operate subsidy programs, and request the Minister of Economy and Finance to allocate budget for subsidies. In such cases, he/she may request the said Minister to allocate budget for any subsidy program referred to in Article 5, even though a budget proposal for such program has not been submitted. |
| (2) | In cases falling under paragraph (1), a lump-sum subsidy budget request for any program in which most local governments are involved may be made, without detailed statement for each local government. |
| (3) | Where the head of a central government agency requests the allocation of a subsidy budget for any program, with respect to subsidy program materials requested by the Minister of Economy and Finance, he/she shall submit the details of the budget proposal made by the person who intends to operate the subsidy program, details of adjustment made by the head of the central government agency, and other necessary materials. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 7 (Consultation on Cost Sharing with Local Governments) |
| (1) | Where the head of a central government agency intends to request the allocation of a subsidy budget for any program that requires cost sharing with a local government, he/she shall consult on such program plan with the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Upon receipt of a request for consultation under paragraph (1), the Minister of the Interior and Safety shall submit a written opinion to the Minister of Economy and Finance and to the head of a relevant central government agency by not later than May 20 of the year immediately preceding the relevant fiscal year. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12161, Jan. 1, 2014; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 8 (Submission of Materials by Persons who Intend to Operate Subsidy Programs) |
| (1) | Upon receipt of a request from the head of a central government agency, any person who intends to operate a subsidy program shall submit materials necessary for subsidy budget proposals or provide an explanation thereof to the head of the central government agency. |
| (2) | Where the Minister of Economy and Finance deems it particularly necessary to adjust the amount of a subsidy budget requested by the head of a central government agency, he/she may request a person who intends to operate the relevant subsidy program to submit necessary materials or provide an explanation thereof. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 9 (Programs Eligible for Subsidies, Basic Subsidy Rate, etc.) |
| (1) | Programs eligible for subsidies, expense items, rates and amounts of national subsidies shall be stipulated in a budget, each year: Provided, That the following matters shall be prescribed by Presidential Decree with respect to subsidies to be granted to local governments: <Amended by Act No. 13931, Jan. 28, 2016> |
| 1. | Scope of programs eligible for subsidies; |
| 2. | A basic rate of national subsidy (hereinafter referred to as "basic subsidy rate") that applies to subsidies for each program when making a budget proposal for such subsidies and when budgeting such subsidies. |
| (2) | Where the Government allocates a budget for subsidies by applying a changed basic subsidy rate to government subsidy programs implemented by local governments, it shall notify local governments of such budget allocation in advance. <Newly Inserted by Act No. 13931, Jan. 28, 2016> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 10 (Application of Differential Subsidy Rates) |
| (1) | Where the Minister of Economy and Finance allocates a subsidy budget to a local government each year, he/she may apply differential subsidy rates which add or subtract certain rates to or from the basic subsidy rate in consideration of the financial status of the local government to any subsidy program deemed necessary for the application of the differential subsidy rates. In such cases, differential subsidy rates which subtract certain rates from the basic subsidy rate may apply only to local governments that do not receive general subsidies pursuant to the Local Subsidy Act. |
| (2) | Differential subsidy rates shall be applied based on the degree of financial independence of a local government eligible for the application of a differential subsidy rate, a fiscal expenditure index for each item, and other matters prescribed by Presidential Decree; and the detailed formula for each base shall be prescribed by Presidential Decree. |
| (3) | The Minister of Economy and Finance shall report to the National Assembly on matters concerning supplementary budgets for national subsidies required due to the application of a differential subsidy rate under paragraph (2). |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 11 (Presentation of Opinions on Budgeting of Subsidies) |
| (1) | In the process of budgeting for subsidies, a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor may present, to the head of the relevant central government agency and the Minister of Economy and Finance, opinions concerning priorities among subsidy programs to be operated within his/her jurisdiction or the adjustment of a subsidy budget amount. <Amended by Act No. 13931, Jan. 28, 2016> |
| (2) | The Minister of Economy and Finance may reflect in a budget, matters deemed appropriate among the opinions presented by a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, after hearing the opinion of the head of a relevant central government agency. <Amended by Act No. 13931, Jan. 28, 2016> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 12 (Notification of Subsidy Budget) |
| (1) | The head of a central government agency shall, through the integrated subsidy management network referred to in Article 26-2 (1), notify each person who intends to operate a subsidy program in a subsidy budget bill by September 15 of the year immediately preceding the relevant fiscal year unless there is a special cause for not doing so. <Amended by Act No. 14524, Jan. 4, 2017> |
| (2) | After the subsidy budget bill notified pursuant to paragraph (1) has been deliberated and determined on by the National Assembly, the head of a central government agency shall, through the integrated subsidy management network referred to in Article 26-2 (1), immediately notify the person who intends to operate the relevant subsidy program of each program’s amount determined and the details thereof. <Newly Inserted by Act No. 14524, Jan. 4, 2017> |
| (3) | In making notifications pursuant to paragraphs (1) and (2), the head of a central government agency shall inform the Minister of Economy and Finance and the Minister of the Interior and Safety respectively of such fact, if the relevant subsidy is granted to a local government. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14524, Jan. 4, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | In making notifications pursuant to paragraphs (1) and (2), the head of a central government agency may notify the Do Governor having jurisdiction over the relevant Si/Gun of such fact en bloc, if the person who intends to operate the relevant subsidy program is the head of a Si/Gun. <Amended by Act No. 14524, Jan. 4, 2017> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 13 (Local Government's Obligation to Bear Costs) |
The head of a local government shall appropriate the costs of subsidy programs to be borne by the relevant local government in its budget for the relevant year in preference to other programs.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 14 (Restrictions on Granting Additional Subsidies to Government-Funded Institutions) |
The State shall not allocate any additional subsidy to the budget for the institutions, for which contributions are appropriated in a national budget: Provided, That this shall not apply where the Minister of Economy and Finance deems it particularly unavoidable to implement a program.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 15 (Period of Existence of Subsidy Programs and Evaluation of Extension) |
| (1) | The period of existence of subsidy programs, other than subsidy programs prescribed by Presidential Decree, shall be within three years. |
| (2) | The Minister of Economy and Finance may evaluate the effectiveness of a subsidy program whose period of existence is to expire and the necessity of financial support thereto, and may extend such period of the subsidy program up to three years. The same shall also apply to a subsidy program whose period of existence has been extended. |
| (3) | The Minister of Economy and Finance may organize and operate an group to evaluate subsidy programs in order to conduct evaluations under paragraph (2), as prescribed by Presidential Decree. |
| (4) | The Minister of Economy and Finance shall submit the findings of evaluation of subsidy programs under paragraph (2) to the National Assembly, along with a budget bill under Article 33 of the National Finance Act. |
[This Article Wholly Amended by Act No. 13931, Jan. 28, 2016]
CHAPTER III APPLICATION FOR SUBSIDIES AND DECISION ON GRANTING OF SUBSIDIES
| Article 16 (Applications for Subsidies) |
| (1) | Any person who intends to receive subsidies shall submit to the head of a relevant central government agency a written application stating the purposes and details of the subsidy program, expenses to be incurred in relation to the subsidy program, and other necessary matters, along with the documents prescribed by the head of the relevant central government agency, by a deadline designated by the head of the relevant central government agency, as prescribed by Presidential Decree. |
| (2) | The head of a central government agency shall announce a public invitation for submission of applications for subsidies under paragraph (1): Provided, That this shall not apply to any of the following cases: |
| 1. | If a subsidy program is budgeted upon application by the person who intends to operate such program, and it is deemed that the purposes of such program are defeated without the involvement of such applicant; |
| 2. | If the head of a local government intends to operate a subsidy program; |
| 3. | Except as otherwise provided for in subparagraphs 1 and 2, if it is deemed inappropriate to receive applications through a public invitation, in consideration of the characteristics of subsidy programs. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 17 (Decisions on Granting of Subsidies) |
| (1) | Where an application for subsidies under Article 16 is submitted, the head of a relevant central government agency shall investigate the following matters and decide on, without delay, whether he/she will grant subsidies: |
| 1. | Compliance with statutes or regulations and with the purposes of a subsidy budget; |
| 2. | Appropriateness of a subsidy program; |
| 3. | Occurrence of any error in calculation of the amount; |
| 4. | Capability to bear financial burden (only in cases where a subsidy program operator shall bear part of the financial burden). |
| (2) | Where the head of a central government agency receives an application for subsidies through a public invitation pursuant to Article 16 (2), he/she shall decide on whether subsidies will be granted under paragraph (1) after deliberation thereon by the committee on the selection of subsidy program operators. |
| (3) | Basic matters necessary for the organization and operation of the committee on the selection of subsidy program operators under paragraph (2) shall be determined by the Minister of Economy and Finance, and other detailed matters shall be prescribed by the head of a relevant central government agency. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 18 (Conditions for Granting Subsidies) |
| (1) | The head of a central government agency may impose conditions on granting subsidies to attain the purposes of granting subsidies specified in the relevant statutes or regulations or in the relevant budget. |
| (2) | The head of a central government agency may decide on granting subsidies on condition that, if substantial profits accrue to a subsidy program operator upon completion of the relevant subsidy program, the subsidy program operator fully or partially return to the State the amount of subsidies he/she has received, to the extent that such act does not defeat the purposes of granting such subsidies. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 19 (Notice of Decisions on Granting Subsidies) |
| (1) | Where the head of a central government agency decides to grant subsidies, he/she shall, without delay, give notice of such decision (if any condition is attached to the granting of subsidies, including such condition; hereinafter the same shall apply) to the person who applied for subsidies. |
| (2) | Where the head of a central government agency gives notice of a decision to grant a subsidy to a local government pursuant to paragraph (1), he/she shall, without delay, notify the Minister of Economy and Finance and the Minister of the Interior and Safety of the details of the decision made for each unit program or program operator. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 20 (Integrated Operation of Subsidies) |
| (1) | If the size of a subsidy becomes too small as a result of itemized subsidy program budget, the head of a central government agency shall decide to grant a subsidy by integrating various items of expenses incurred in relation to each unit program. |
| (2) | Criteria for determining the amount, etc. to be granted upon integrating various items of expenses incurred in relation to each unit program pursuant to paragraph (1) shall be determined by Presidential Decree. |
| (3) | The head of a central government agency may integrate and manage budgets for subsidy programs with similar purposes, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 21 (Revocation of Decisions to Grant Subsidies due to Change of Circumstances) |
| (1) | If it is deemed necessary to revoke a decision to grant subsidies due to any change in circumstances under which such decision was made, the head of a central government agency may change the details of the decision to grant subsidies or fully or partially revoke the decision to grant subsidies: Provided, That this shall not apply with regard to the already implemented portion of a subsidy program already implemented. |
| (2) | The head of a central government agency may revoke the decision to grant subsidies pursuant to paragraph (1) only where it is unnecessary to continue the relevant subsidy program fully or partially due to natural disasters that occur after the decision is made or due to any other changes in circumstances or where it is prescribed by Presidential Decree. |
| (3) | Where the head of a central government agency intends to change the details of the decision to grant subsidies or revoke such decision pursuant to paragraph (1), he/she shall submit documents stating the following information to the Minister of Economy and Finance and consult with him/her: Provided, That with respect to any insignificant matter, notification to the Minister of Economy and Finance may substitute for such consultation: |
| 1. | Grounds for revocation of the decision to grant subsidies, etc.; |
| 2. | Opinions of the relevant subsidy program operator regarding revocation of the decision to grant subsidies, etc.; |
| 3. | Future plans to use subsidies that are not granted due to revocation of the decision to grant subsidies. |
| (4) | Where the head of a central government agency revokes a decision to grant subsidies pursuant to paragraph (1), he/she shall subsidize the affairs or projects that have become necessary, especially due to such revocation, as prescribed by Presidential Decree. |
| (5) | Article 19 (1) shall apply mutatis mutandis where the details of the decision to grant subsidies are changed or the decision to grant subsidies is revoked pursuant to paragraph (1). |
| (6) | Where the details of the decision to grant subsidies are changed or the decision to grant subsidies is partially revoked pursuant to paragraph (1), Article 20 shall apply mutatis mutandis with respect to subsidies to be granted accordingly. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
CHAPTER IV IMPLEMENTATION OF SUBSIDY PROGRAMS
| Article 22 (Prohibition against Use for Unspecified Purposes) |
| (1) | Any subsidy program operator shall conscientiously implement his/her subsidy program with the due care of a good manager, in accordance with statutes or regulations, details of the decision to grant subsidies, or dispositions the head of a central government agency has taken pursuant to statutes or regulations, and shall not use the subsidies for any other unspecified purpose. |
| (2) | Any indirect subsidy program operator shall implement his/her indirect subsidy program with the due care of a good manager, in accordance with statutes or regulations and the purposes of granting indirect subsidies, and shall not use the indirect subsidies for any other unspecified purpose. |
| (3) | Notwithstanding paragraphs (1) and (2), the excess amount of subsidies unreturned under Article 31 (4) may be used for other programs with similar purposes. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 23 (Change of Details of Subsidy Programs) |
If any subsidy program operator intends to change the details of the subsidy program or change the allocation of expenses incurred in relation to the subsidy program due to any change in circumstances, he/she shall obtain approval from the head of a relevant central government agency: Provided, That this shall not apply to any change in minor matters determined by the head of a relevant central government agency.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 24 (Transfer, etc. of Subsidy Programs) |
If any subsidy program operator intends to transfer the subsidy program to another subsidy program operator, suspend or terminate the subsidy program due to any change in circumstances, he/she shall obtain approval from the head of a relevant central government agency.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 25 (Monitoring, etc. of Implementation of Subsidy Programs) |
| (1) | Any subsidy program operator or an indirect subsidy program operator shall report the implementation of the subsidy program or indirect subsidy program to the head of a relevant central government agency or relevant subsidy program operator, as prescribed by the head of the relevant central government agency. |
| (2) | If deemed necessary to identify the status of implementation of a subsidy program or an indirect subsidy program, the head of a relevant central government agency may conduct on-site inspections. |
| (3) | Any subsidy program operator or an indirect subsidy program operator shall retain data concerning the implementation of the subsidy program or indirect subsidy program for a period prescribed by Presidential Decree, of up to five years. |
| (4) | The scope of data to be retained under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 26 (Orders to Implement Subsidy Programs) |
| (1) | If the head of a central government agency deems that a subsidy program operator fails to implement the subsidy program in accordance with statutes or regulations, details of the decision to grant subsidies, dispositions the head of a central government agency has taken pursuant to statutes or regulations, he/she may issue to the subsidy program operator an order necessary for the implementation thereof. |
| (2) | If a subsidy program operator violates an order issued under paragraph (1), the head of a relevant central government agency may temporarily suspend implementation of the subsidy program. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 26-2 (Establishment, etc. of Integrated Subsidy Management Network) |
| (1) | The Minister of Economy and Finance and the heads of central government agencies shall establish an integrated subsidy management network (hereinafter referred to as the “integrated subsidy management network) to effectively implement subsidy programs and to prevent duplicate or erroneous payment of subsidies, and shall take necessary measures, such as the establishment of specific standards for the selection of subsidy programs and subsidy program operators, the implementation of subsidy programs, and the post management thereof. <Amended by Act No. 13393, Jul. 20, 2015; Act No. 13931, Jan. 28, 2016; Act No. 14524, Jan. 4, 2017> |
| (2) | The head of a central government agency (including the head of its affiliated government office who is delegated with the duties pursuant to Article 38; hereafter the same shall apply in this Article, and Articles 26-3 and 26-4), the head of a local government, a subsidy program operator or an indirect subsidy program operator shall perform duties concerning the management of subsidies, such as implementation and ex post facto management of the relevant subsidy programs or indirect subsidy programs through the integrated subsidy management network: Provided, That this shall not apply to subsidy programs or indirect subsidy programs related to national unification, security, etc., which are determined by the Minister of Economy and Finance as inappropriate to be performed through the integrated subsidy management network, in consultation with the head of the relevant central government agency. <Newly Inserted by Act No. 14524, Jan. 4, 2017> |
| (3) | The integrated subsidy management network shall contain data or information concerning the following matters (hereinafter referred to as “subsidy management information”): <Newly Inserted by Act No. 13393, Jul. 20, 2015; Act No. 14524, Jan. 4, 2017> |
| 1. | Matters concerning whether or not a subsidy program operator, indirect subsidy program operator or subsidy recipient (hereinafter referred to as a “subsidy program operator, etc.”) is eligible to receive a subsidy or an indirect subsidy, such as the selection thereof, and the verification of qualification of the subsidy program operator, etc.; |
| 2. | Matters concerning verifying the appropriateness of the implementation of subsidies or indirect subsidies, such as evidential data related to expenditures from subsidies or indirect subsidies; |
| 3. | Matters concerning the management of the records of receipt of subsidies or indirect subsidies, or the records of receipt of benefits requiring integrated management with subsidies or indirect subsidies among the benefits referred to in any statute or regulation; |
| 6. | Evaluation results of operation of subsidy programs referred to in Article 15; |
| 7. | Other matters prescribed by Presidential Decree for effectively conducting the integrated management of subsidy programs. |
[This Article Newly Inserted by Act No. 10898, Jul. 25, 2011]
| Article 26-3 (Request, etc. for Provision of Data or Information) |
| (1) | The head of a central government agency or the head of a local government may be provided with, through the integrated subsidy management network, and manage (referring to the management referred to in subparagraph 2 of Article 2 of the Personal Information Protection Act; hereafter the same shall apply in this Article and Articles 26-5 through 26-9) the following data or information concerning subsidy operators, etc. for efficiently executing and managing subsidies, such as selection of subsidy program operators, etc., management of qualification thereof, and prevention of the duplicate or unjust payment of subsidies or indirect subsidies: |
| 6. | Any of the following taxation-related data or information: |
| 7. | Data or information concerning the National Health Insurance, the National Pension, the Employment Insurance, the Industrial Accident Compensation Insurance, the National Basic Living Security Benefits, the Basic Pension, or the Pension for Persons with Disabilities; |
| 8. | Other data or information prescribed by Presidential Decree, which is necessary for efficiently operating subsidy programs or indirect subsidy programs and preventing the duplicate or unjust payment of subsidies. |
| (2) | The head of a central government agency or the head of a local government may request the head of a relevant institution to provide data or information referred to in each subparagraph of paragraph (1) (excluding financial information or credit information) to the extent necessary for efficiently executing and managing subsidies. In such cases, the head of the relevant institution in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (3) | Subsidy program operators or indirect subsidy program operators may hold or use the data or information referred to in each subparagraph of paragraph (1) through the integrated subsidy management network to the extent necessary for executing subsidies or indirect subsidies and confirming whether or not they have been duplicately or unjustly paid. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for requesting the provision of data or information or holding such data or information shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 14524, Jan. 4, 2017]
| Article 26-4 (Provision of Financial Information or Credit Information) |
| (2) | Where the head of a central government agency or the head of a local government requests the head of a financial institution, etc. to provide financial information or credit information pursuant to paragraph (1), he/she shall present together the written consent of the holder of the title deed to the provision of the relevant financial information or credit information. In such cases, the written consent may be presented in an electronic format. |
| (5) | In addition to the matters provided for in paragraphs (1) through (4), matters necessary for requesting, or consenting to, the provision of financial information or credit information shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 26-5 (Destruction of Subsidy Management Information) |
| (1) | The person who holds subsidy management information shall destruct it immediately after five years has elapsed from the date he/she began to hold such information: Provided, That he/she may hold such data or information prescribed by Presidential Decree as deemed necessary to be held for preventing the duplicate or unjust payment of subsidies until a period exceeding five years, during which it is deemed necessary to hold such data or information. |
| (2) | The person who collects any data or information referred to in each subparagraph of Article 26-3 (1) shall destruct the data or information immediately after he/she accomplishes the purposes of managing such data or information, such as the verification of qualification: Provided, That the foregoing provisions shall not apply where it is required to preserve such data or information in accordance with any other statute or regulation or it is necessary to manage evidential data. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 26-6 (Protection of Subsidy Management Information) |
| (1) | No person shall conduct the following acts: |
| 1. | Forging, altering, damaging or damaging any subsidy management information for the purpose of interfering with the management of the subsidy management information; |
| 2. | Using any subsidy management information of which he/she becomes aware in the course of performing his/her duties for other than its original purpose, or providing or divulging such information to any other person or institution; |
| 3. | Forging, altering or damaging the integrated subsidy management network; |
| 4. | Managing any subsidy management information without authorization or by transcending authorization granted to him/her. |
| (2) | The Minister of Economy and Finance shall use subsidy management information to the extent justified by the purpose of efficiently executing and managing subsidies, and ensure that such subsidy management information is not to be provided or divulged to other persons for other than its original purpose, except for any of the following cases: |
| 2. | Where subsidy management information is requested by virtue of a submission order of the court or a warrant issued by a judge; |
| 3. | Other cases specifically provided in any other statute. |
| (3) | A person who intends to use subsidy management information for other than its purpose pursuant to subparagraphs of paragraph (2) shall obtain approval from the Minister of Economy and Finance, as prescribed by the said Minister. |
| (4) | The Minister of Economy and Finance shall establish and implement protective measures, including the technical and physical policies necessary for protecting subsidy management information safely. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 26-7 (Overall Control over Operation of Integrated Subsidy Management Network, and Entrustment of Affairs therefor) |
| (1) | The Minister of Economy and Finance shall exercise overall control over the management of the integrated subsidy management network, such as the establishment, operation, and maintenance and repairs thereof. |
| (2) | The Minister of Economy and Finance may request the head of relevant agencies to provide data or information referred to in each subparagraph of Article 26-3 (1) within the extent necessary for exercising overall control over the affairs pursuant to paragraph (1) and preventing the duplicate or unjust payment of subsidies or indirect subsidies, and may manage such data or information within the scope of the purpose of such provision. |
| (3) | Where the information requested by the Minister of Economy and Finance pursuant to paragraph (2) falls within the scope of financial information or credit information, Article 26-4 shall apply mutatis mutandis to requests and procedures for providing information. In such cases, “the head of a central government agency or the head of a local government” shall be deemed “the Minister of Economy and Finance,” and “the head of a financial institution, etc.” shall be deemed “the head of the relevant agency,” respectively. |
| (4) | The Minister of Economy and Finance shall entrust the following affairs to the Korea Public Finance Information Service under the Korea Public Finance Information Service Act (hereafter in this Article, referred to as “the Korea Public Finance Information Service”): |
| 1. | Affairs concerning operating the integrated subsidy management network, such as its maintenance and improvement; |
| 2. | Affairs concerning managing subsidy management information and the data or information referred to in Article 26-3 (1); |
| 3. | Affairs concerning electronic support for application for, and receipt, determination, granting and ex post facto management of, subsidies or indirect subsidies; |
| 4. | Affairs concerning managing a public portal referred to in Article 39-3 (1). |
| (5) | The Minister of Economy and Finance may, to efficiently manage subsidies, pay subsidies by means of depositing them with the institutions determined by Presidential Decree, such as the Korea Public Finance Information Service. In such cases, matters necessary for the scope of subsidies to be deposited, concrete methods for deposition, and methods for paying the subsidies deposited shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 26-8 (Linkage with other Information Systems) |
| (1) | The Minister of Economy and Finance may, to the extent necessary for the integrated management of subsidies, request the heads of the relevant agencies to link the integrated subsidy management network with the following information systems. In such cases, the heads of the relevant agencies so requested shall comply with such request, except in extenuating circumstances: |
| 5. | The computerized system referred to in the Child Care Act and other related statutes or regulations; |
| (2) | Data or information which may be collected through the linkage of the systems referred to each subparagraph of paragraph (1) with the integrated subsidy management network shall be limited to data or information (including personally identifiable information referred to in Article 24 of the Personal Information Protection Act) for verifying the details of execution of subsidies and the appropriateness of the execution of subsidies: Provided, That if necessary for efficiently managing and executing subsidies, the scope of the data or information which may be collected may be extended following the deliberation by the consultation council among agencies operating the integrated subsidy management networks referred to in Article 26-9 (1). |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 26-9 (Establishment of Consultative Council of Operating Agencies) |
| (1) | There shall be established a consultative council of agencies operating integrated subsidy management networks (hereinafter referred to as the “Consultative Council of Operating Agencies”) comprised of experts from the relevant government agencies and civil experts to deliberate on affairs concerning linkage with the systems referred to in Article 26-8 (1), information security and other matters. |
| (2) | The Minister of Economy and Finance shall formulate an operation plan containing the following matters annually and publish the result of deliberation on such plan by the Consultative Council of Operating Agencies at the website of the Ministry of Economy and Finance: |
| 1. | Policies to protect personal information; |
| 2. | Systems for preventing the abuse and misuse of personal information, such as the control of records of access to the systems; |
| 3. | Matters concerning the security of the systems, such as the prevention of malwares; |
| 4. | Other matters for stably operating the systems and protecting personal information. |
| (3) | Other matters necessary for the composition and operation of the Consultative Council of Operating Agencies shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 26-10 (Disclosure of Information on Subsidy Program Operators, etc.) |
| (1) | The subsidy program operator or indirect subsidy program operator (excluding where a subsidy program operator or indirect subsidy program operator is a local government) who implements a subsidy program or indirect subsidy program, the scale of which is larger than that prescribed by Presidential Decree shall disclose the following matters: Provided, That subparagraph 5 shall apply in cases of submitting an audit and inspection report or a report related to audit and inspection pursuant to Article 27-2: |
| 1. | Written applications for subsidies (including attached documents) referred to in Article 16 (1); |
| 2. | Details of the revenues and expenditures of subsidy programs or indirect subsidy programs; |
| 3. | Settlement reports referred to in Article 27 (2); |
| 4. | Matters pointed out by the audit and inspection related to subsidy programs or indirect subsidy programs; |
| 5. | Reports on or related to audit and inspection of subsidy program operators or indirect subsidy program operators; |
| 6. | Other matters prescribed by Presidential Decree with respect to implementation of subsidy programs or indirect subsidy programs. |
| (2) | The head of a central government agency may issue an order of rectification within a fixed period to a subsidy program operator or an indirect subsidy program operator who fails to discharge the duty to disclose or makes a false disclosure, or may either reduce subsidies or take necessary measures for such reduction. |
| (3) | In addition to the matters provided for in paragraphs (1) through (2), matters necessary for disclosing information on subsidy programs or indirect subsidy programs, issuing an order of rectification and reducing subsidies shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 27 (Reporting on Performance of Subsidy Programs or Indirect Subsidy Programs) |
| (1) | When a subsidy program or an indirect subsidy program is completed, the termination thereof is approved, or the fiscal year ends, the subsidy program operator shall produce a report on the performance of his/her subsidy program and submit it to the head of a central government agency or the indirect subsidy program operator shall produce a report on the performance of his/her subsidy program and submit it to the subsidy program operator by the deadline specified by Presidential Decree, as prescribed by the head of the relevant central government agency. |
| (2) | A report on the performance of a subsidy program or an indirect subsidy program referred to in paragraph (1), shall be submitted along with a settlement report clarifying expenses incurred in conducting the subsidy program or indirect subsidy program, available from each source of funds, and documents prescribed by the head of a central government agency. In such cases, a subsidy program operator or an indirect subsidy program operator (excluding a local government) who has received a subsidy or an indirect subsidy larger than the amount prescribed by Presidential Decree for his/her subsidy program or indirect subsidy program, shall receive verification of the appropriateness of the settlement report from an auditor under subparagraph 7 of Article 2 and Article 9 of the Act on External Audit of Stock Companies. <Amended by Act No. 13931, Jan. 28, 2016; Act No. 15022, Oct. 31, 2017> |
| (3) | Necessary matters concerning methods of settlement of accounts and of verification of a statement of accounts under the latter part of paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13931, Jan. 28, 2016> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 27-2 (Audit of Specific Project Operators) |
| (1) | A subsidy program operator or an indirect subsidy program operator for whom the total amount of subsidies or indirect subsidies granted by the head of a central government agency in the same fiscal year is at least one billion won (hereafter in this Article, referred to as "specific project operator"; a local government is excluded herefrom), shall submit an audit and inspection report (hereinafter referred to as "audit and inspection report") prepared by an auditor under subparagraph 7 of Article 2 and Article 9 of the Act on External Audit of Stock Companies based on the relevant fiscal year, to the head of the central government agency who granted the subsides or indirect subsidies: Provided, That where a specific project operator who received subsidies or indirect subsidies for at least two consecutive years has submitted an audit and inspection report in the immediately preceding fiscal year, he/she need not prepare and submit an audit and inspection report for the relevant fiscal year. <Amended by Act No. 15022, Oct. 31, 2017> |
| (2) | Notwithstanding paragraph (1), where a specific project operator undergoes an audit pursuant to other statutes, such as the Act on External Audit of Stock Companies, he/she may submit a report related to the audit prepared pursuant to the relevant statute in lieu of an audit and inspection report under paragraph (1). In such cases, a report related to the audit shall include an auditor's opinion on the subsidy program. |
| (3) | Notwithstanding paragraphs (1) and (2), where the head of a central government agency deems it is inappropriate for a specific project operator to prepare and submit an audit and inspection report in exceptional circumstances, such as the granting of a subsidy he/she has received to other indirect subsidy program operator, the head of the central government agency need not require the relevant specific project operator to submit an audit and inspection report, in consultation with the Minister of Economy and Finance. |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters for the selection of an auditor for a specific project operator, auditing standards, and the preparation and submission of an audit and inspection report, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13931, Jan. 28, 2016]
| Article 28 (Determination of Final Subsidy Amount) |
| (1) | Where the head of a central government agency receives a performance report from a subsidy program operator pursuant to Article 27, he/she shall review whether the performance of the subsidy program complies with statutes or regulations, details of the decision to grant subsidies, or dispositions the head of the central government agency has taken pursuant to statutes or regulations. In such cases, an on-site inspection shall be conducted if deemed necessary. |
| (2) | Where the performance of the subsidy program is deemed to meet the review standards under paragraph (1) as a result of the review conducted under paragraph (1), the head of a central government agency shall determine final subsidy amount and give notice thereof to the subsidy program operator. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 29 (Orders to Correct Subsidy Programs) |
Where the performance of the subsidy program is deemed not to comply with statutes or regulations, the details of the decision to grant subsidies, or dispositions the head of the central government agency has taken pursuant to statutes or regulations as a result of the review of the performance report on a subsidy program submitted under Article 27, the head of a central government agency may order the subsidy program operator to take measures necessary to correct the subsidy program. [This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
CHAPTER V RETURN OF SUBSIDIES AND SANCTIONS
| Article 30 (Revocation of Decisions to Grant Subsidies due to Violation of Statutes or Regulations) |
| (1) | If a subsidy program operator falls under any of the following, the head of a relevant central government agency may fully or partially revoke the decision to grant subsidies: |
| 1. | If he/she uses subsidies for any other unspecified purpose; |
| 2. | If he/she fails to comply with statutes or regulations, details of the decision to grant subsidies or dispositions the head of the central government agency has taken pursuant to statutes or regulations; |
| 3. | If he/she receives subsidies by filing a false application or by other improper means. |
| (2) | If an indirect subsidy program operator falls under any of the following, the head of a relevant central government agency may take measures against the subsidy program operator to fully or partially revoke the decision to grant the subsidies in which the indirect subsidies are involved: |
| 1. | If he/she uses indirect subsidies for any other unspecified purpose; |
| 2. | If he/she violates statutes or regulations ; |
| 3. | If he/she receives indirect subsidies by filing a false application or by fraud or other improper means. |
| (3) | Article 19 shall apply mutatis mutandis where the decision to grant subsidies is revoked pursuant to paragraphs (1) and (2). |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 31 (Return of Subsidies) |
| (1) | If subsidies have already been paid before the revocation of the decision to grant subsidies, the head of a central government agency shall issue an order to return the subsidies that are connected with the revoked portion of the subsidy program and interest accrued therefrom within a specified deadline. |
| (2) | If the aggregate subsidies already paid and interest accrued therefrom exceed the final amount of subsidies determined under Article 28, the head of a central government agency shall issue an order to return the surplus within a specified deadline: Provided, That this shall not apply to interest accrued due to any unavoidable cause prescribed by Presidential Decree from the subsidies that the head of a central government agency has paid to a subsidy program operator who is the head of a local government. |
| (3) | If an order to return subsidies under paragraph (1) is issued due to the revocation of the decision to grant subsidies under Article 30 (2), the head of a central government agency may extend the deadline for the return, as prescribed by Presidential Decree, only where any other unavoidable cause is deemed to exist. |
| (4) | Notwithstanding paragraph (2), the head of a local government may use the excess amount of subsidies for other subsidy programs with similar purposes (excluding programs prescribed by Presidential Decree, such as new programs) without returning such surplus where the original purposes of the relevant subsidy program have been attained and the relevant local government's efforts have led to budget savings. In such cases, the head of the local government shall submit to the head of the relevant central government agency documents stating how the unreturned excess amount has been used (including the amount and detailed reasons of use, etc. by item) within one month from the date such surplus is used. |
| (5) | If a local government uses surplus subsidies in violation of paragraphs (4) and (6) or a subsidy program operator or an indirect subsidy program operator receives duplicate or excessive subsidies, the Minister of Economy and Finance shall take this into consideration when compiling a expenditure budget for the relevant subsidy program for the following fiscal year. |
| (6) | Prerequisites for using surplus subsidies for other subsidy programs with similar purposes under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 31-2 (Exclusion from Implementation of Subsidy Programs) |
| (1) | Where a subsidy program operator or an indirect subsidy program operator falls under any of the following cases, the head of a central government agency shall exclude the relevant subsidy program operator or indirect subsidy program operator from those eligible to implement a subsidy program or an indirect subsidy program under his/her jurisdiction or shall restrict the granting of a subsidy or an indirect subsidy to him/her: Provided, That where the relevant subsidy program or indirect subsidy program is implemented instead of a welfare project or government policy project and thus it is impracticable to replace the relevant subsidy program operator or indirect subsidy program operator by other subsidy program operator or indirect subsidy program operator, the head of the central government agency need not exclude him/her from those eligible to implement the subsidy program or indirect subsidy program nor restrict the granting of a subsidy or an indirect subsidy to him/her in consultation with the Minister of Economy and Finance: |
| 1. | Where a decision to grant subsidies to him/her is revoked on at least one occasion pursuant to Article 30, on the grounds that he/she has received the subsidies or indirect subsidies by fraud or other improper means; |
| 2. | Where a decision to grant subsidies to him/her is revoked on at least two occasions pursuant to Article 30, on the grounds that he/she has used the subsidies or indirect subsidies for any other unspecified purpose; |
| 3. | Where a decision to grant subsidies to him/her is revoked on at least three occasions pursuant to Article 30, on the grounds that he/she has violated statutes or regulations, the details of a decision to grant subsidies, or the disposition taken by the head of a central government agency under statutes or regulations. |
| (2) | Where a subsidy recipient falls under any of the following, the head of a central government agency shall exclude the relevant subsidy recipient from those eligible to implement a subsidy program or an indirect subsidy program under his/her jurisdiction or shall restrict the payment of the subsidy or indirect subsidy to the recipient: |
| 1. | Where he/she is ordered to fully or partially return subsidies or indirect subsidies on at least one occasion pursuant to Article 33, on the grounds that he/she has received the subsidies or indirect subsidies by fraud or other improper means; |
| 2. | Where he/she is ordered to fully or partially return subsidies or indirect subsidies on at least two occasions pursuant to Article 33, on the grounds that he/she has used the subsidies or indirect subsidies for purposes other than the purpose of the payment thereof; |
| 3. | Where he/she is ordered to fully or partially return subsidies or indirect subsidies on at least three occasions pursuant to Article 33, on the grounds that he/she has received the subsidies or indirect subsidies without having met requirements for receiving the subsidies or indirect subsidies. |
| (3) | Where the head of a central government agency has excluded subsidy program operators, etc. from those eligible to implement a subsidy program or an indirect subsidy program, or placed restrictions on a subsidy program operator, etc. receiving a subsidy or an indirect subsidy pursuant to paragraphs (1) and (2), he/she shall immediately notify the Minister of Economy and Finance and the heads of other central government agencies of such fact. In such cases, upon receipt of such notification, the heads of other central government agencies shall exclude the relevant subsidy program operator, etc. from those eligible to implement a subsidy program or an indirect subsidy program under his/her jurisdiction, or shall restrict the subsidy program operator, etc. to receiving a subsidy or an indirect subsidy. <Amended by Act No. 14524, Jan. 4, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters for specific methods of and standards for exclusion from those eligible to implement a subsidy program or an indirect subsidy program and restrictions on receiving a subsidy or an indirect subsidy, and integration, management, etc. of information related thereto shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13931, Jan. 28, 2016]
| Article 32 (Temporary Suspension, etc. of Granting Other Subsidies) |
If a subsidy program operator to whom an order to return subsidies has been issued fails to perform such order, the head of a central government agency may suspend the granting of other subsidies to be used by the said subsidy program operator for the same kinds of affairs and projects or offset the amount of the said subsidies by the unreturned amount.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 33 (Withdrawal of Subsidies from Subsidy Recipients) |
| (1) | Where a subsidy recipient falls under any of the following, the head of a central government agency, a subsidy program operator or an indirect subsidy program operator shall order the subsidy recipient to return all or part of the subsidy or indirect subsidy already paid by the fixed deadline: |
| 1. | Where he/she has received the subsidy or indirect subsidy by fraud or other improper means; |
| 2. | Where he/she has used the subsidy or indirect subsidy for purposes other than the purpose of the payment thereof; |
| 3. | Where he/she has failed to meet requirements to receive the subsidy or indirect subsidy. |
| (2) | Where a subsidy program operator or an indirect subsidy program operator has ordered a subsidy recipient to return the subsidy or indirect subsidy pursuant to paragraph (1), he/she shall notify the head of a central government agency having jurisdiction over the relevant subsidy program or indirect subsidy program of such fact, as prescribed by Presidential Decree. |
| (3) | Where a subsidy recipient falls under any subparagraph of paragraph (1), a subsidy program operator or an indirect subsidy program operator need not pay him/her a subsidy during the period prescribed by the head of a central government agency. |
| (4) | Where a subsidy recipient falls under any subparagraph of paragraph (1), the head of a central government agency may order a subsidy program operator or an indirect subsidy program operator to restrict the payment of a subsidy to him/her for a given period. |
[This Article Wholly Amended by Act No. 13931, Jan. 28, 2016]
| Article 33-2 (Imposition and Collection of Additional Monetary Sanctions and Additional Dues) |
| (1) | In any of the following cases, the head of a central government agency shall impose additional monetary sanctions not exceeding five times the total amount of subsidies or indirect subsidies that should be returned, on a subsidy program operator, etc. and shall collect such additional monetary sanctions from him/her, as prescribed by Presidential Decree: Provided, That under the circumstances prescribed by Presidential Decree, such as where a fine, minor fine, confiscation, additional collection, penalty surcharge, or administrative fine is imposed on the subsidy program operator, etc. pursuant to this Act or other Acts on the grounds that he/she has received a subsidy or an indirect subsidy by improper means before or after the additional monetary sanction is imposed on him/her, the head of the central government agency may render him/her exempt from the additional monetary sanctions or reduce, change, or cancel the additional monetary sanction: |
| 1. | Where the head of the central government agency has issued an order to return the subsidy pursuant to Article 31 (1); |
| 2. | Where a subsidy program operator or an indirect subsidy program operator has ordered a subsidy recipient to return a subsidy or an indirect subsidy pursuant to Article 33. |
| (2) | Where the head of a central government agency imposes an additional monetary sanction for the reason referred to in paragraph (1) 2, the additional monetary sanction shall be imposed after he/she examines and verifies the appropriateness of an order to return a subsidy or an indirect subsidy issued by a subsidy program operator or an indirect subsidy program operator pursuant to Article 33. |
| (3) | Notwithstanding paragraph (1), where a subsidy or an indirect subsidy falls under any of the following, the head of a central government agency need not impose an additional monetary sanction: |
| 5. | Other cases prescribed by Presidential Decree, in which the imposition and collection of additional monetary sanctions is little useful. |
| (4) | Where a person liable to pay an additional monetary sanction under paragraph (1) fails to pay the additional monetary sanction by the deadline for payment, the head of a central government agency may collect additional dues not exceeding 5/100 of the amount in arrears for a period from the following day after the deadline for payment to the day preceding the payment due date. |
| (5) | In addition to matters prescribed in paragraphs (1) through (4), necessary matters for methods of calculation, and procedures for imposition, of additional monetary sanctions and additional dues, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13931, Jan. 28, 2016]
| Article 33-3 (Compulsory Collection) |
| (1) | The head of a central government agency or a subsidy program operator who is the head of a local government, may collect refunds, additional monetary sanctions, and additional dues, in the same manner as delinquent national taxes or pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue, in accordance with the following classification: |
| 1. | Where a subsidy program operator or an indirect subsidy program operator fails to pay a refund under Article 31 or 35 by the deadline: The head of a central government agency; |
| 2. | Where a subsidy recipient fails to pay a refund under Article 33 by the deadline: The head of a central government agency or the head of a local government (limited to where the head of a local government is a subsidy program operator); |
| 3. | Where a subsidy program operator, etc. fail to pay an additional monetary sanction or additional dues under Article 33-2 by the deadline: The head of a central government agency. |
| (2) | The collection of refunds, additional monetary sanctions, and additional dues under paragraph (1) shall take precedence over other public charges or other claims, except national taxes and local taxes. |
[This Article Newly Inserted by Act No. 13931, Jan. 28, 2016]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 34 (Establishment, etc. of Separate Accounts) |
| (1) | A subsidy program operator or an indirect subsidy program operator shall perform accounting by establishing a separate account for the subsidies or indirect subsidies he/she has received and separating them from his/her own revenues and expenditures. |
| (2) | A subsidy program operator who is the head of a local government shall perform accounting prescribed in paragraph (1) by classifying the details and appropriation of national subsidies and local subsidies to be used for the implementation of the subsidy program. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 35 (Restrictions on Disposal of Property) |
| (1) | A subsidy program operator or an indirect subsidy program operator shall clarify the current value of any important property prescribed by Presidential Decree which is acquired with or the utility value of which has increased through the subsidies or indirect subsidies (hereinafter referred to as "important property"), and whether such property has increased in value, as prescribed by Presidential Decree and report the current status of such important property to the head of a relevant central government agency or the head of a relevant local government. <Amended by Act No. 13931, Jan. 28, 2016> |
| (2) | The head of a central government agency or the head of a local government shall publicly announce the current status of the important property reported by a subsidy program operator or an indirect subsidy program operator pursuant to paragraph (1), through computerized communications, etc., as prescribed by Presidential Decree. |
| (3) | No subsidy program operator or indirect subsidy program operator shall engage in any of the following activities in connection with important property without obtaining approval from the head of a central government agency, even after completion of the relevant subsidy program: Provided, That in any case prescribed by Presidential Decree, he/she may engage in any of the following activities without obtaining approval from the head of the central government agency: |
| 1. | Use of important property for any purpose other than its intended purposes of granting subsidies; |
| 2. | Transfer, exchange, and lending of important property; |
| 3. | Provision of important property as security. |
| (4) | Where a subsidy program operator or an indirect subsidy program operator engages in any of the activities referred to in the subparagraphs of paragraph (3) upon important property without obtaining approval from the head of a central government agency even after he/she has completed the relevant subsidy program, the head of the central government agency may order him/her to return full or part of the following amount, as prescribed by Presidential Decree: <Newly Inserted by Act No. 13931, Jan. 28, 2016> |
| 1. | An amount equivalent to a subsidy or an indirect subsidy used to acquire important property; |
| 2. | An amount equivalent to the amount of the increased utility value of important property; |
| 3. | An amount equivalent to increase in property values by transferring, exchanging, or leasing important property or by offering important property as security. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 35-2 (Supplementary Registration of Important Property) |
| (1) | Where a subsidy program operator or an indirect subsidy program operator registers ownership of real estate among important property, he/she shall obtain the supplementary registration detailing the following: Provided, That the foregoing shall not apply to any real estate acquired and managed by the State or a local government pursuant to the State Property Act: |
| 1. | The statement that by virtue of a subsidy or an indirect subsidy granted, the relevant real estate has been acquired or the utility value of the real estate has been increased; |
| 2. | The statement that he/she shall obtain approval from the head of a relevant central government agency, where he/she intends to use, transfer, exchange, or lease the relevant real estate, or offer the real estate as security for purposes other than those of granting a subsidy or an indirect subsidy, prior to the expiration of the period prescribed by the head of the central government agency, in consideration of the purpose of granting the subsidy or indirect subsidy and the durable years of the relevant real estate. |
| (2) | A supplementary registration under paragraph (1) shall be obtained simultaneously with ownership preservation registration, ownership transfer registration, or registration of alteration of marking of land or building: Provided, That where the granting of a subsidy or an indirect subsidy does not change the details of registration of the relevant real estate, the supplementary registration shall be obtained prior to the submission of a report on the performance of the subsidy program under Article 27. |
| (3) | Where a subsidy program operator or an indirect subsidy program operator transfers, exchanges, or leases important property, or offers important property as security, in violation of Article 35 (3), after the date of the supplementary registration under paragraph (1), the effect of the aforesaid actions shall become nullified. |
| (4) | Where a subsidy program operator or an indirect subsidy program operator falls under any of the following, the details of the supplementary registration under paragraph (1) may be cancelled: |
| 1. | Where a subsidy program operator or an indirect subsidy program operator returns full amount of a subsidy or an indirect subsidy to the State pursuant to Article 18 (2) or 31, and the head of the relevant central government agency certifies that such subsidy is returned; |
| 2. | Where the period elapses which is prescribed by the head of a central government agency in consideration of the purpose of granting the subsidy or indirect subsidy and the durable years of the relevant real estate. |
[This Article Newly Inserted by Act No. 13931, Jan. 28, 2016]
| (1) | When deemed necessary to appropriately implement subsidy budgets, the head of a central government agency may require the relevant subsidy program operator or indirect subsidy program operator to submit a report or order a public official under his/her jurisdiction to visit the relevant business office or place of business to inspect accounting books, other documents, or related property, or to question interested persons. |
| (2) | Any public official who conducts an inspection or asks a question pursuant to paragraph (1) shall carry a certificate indicating his/her authority and present it to interested persons. |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 36-2 (Publication of List of Names, etc.) |
| (1) | The head of a central government agency shall publish the list of names of any of the following persons and matters prescribed by Presidential Decree, which are related to dispositions, such as violations and the details of dispositions taken, on the website of the relevant central government agency by the end of March every year: <Amended by Act No. 14524, Jan. 4, 2017> |
| 1. | A subsidy program operator or an indirect subsidy program operator who is subject to dispositions, such as a corrective order and a reduction in a subsidy, on at least three occasions, for the reason that he/she has failed to perform his/her obligations to make a public notice under Article 26-10 (1) or has made a false public notice; |
| 2. | A subsidy program operator or an indirect subsidy program operator who falls under any subparagraph of Article 31-2 (1); |
| 3. | A subsidy recipient who falls under any subparagraph of Article 31-2 (2). |
| (2) | A deliberative committee on the publication of the list of names of fraudulent recipients of subsidies referred to in paragraph (1) (hereafter in this Article, referred to as a "deliberative committee") shall be established in each central government agency to deliberate on whether to publish such list. |
| (3) | Notwithstanding paragraph (1), the head of a central government agency need not make the publication under paragraph (1) under the circumstances prescribed by Presidential Decree, such as where the publication is hardly effective or inappropriate due to the death of a person included in the list to be published. |
| (4) | Before making the publication under paragraph (1), the head of a central government agency shall notify a person included in the list to be published of such fact, and shall request such person to submit explanatory materials or provide the person with an opportunity to state his/her opinion. |
| (5) | Where an objection under Article 37 against the cancellation of a decision to grant a subsidy or an indirect subsidy, an order to return a subsidy or an indirect subsidy, etc. is filed, or other appeal procedures are being followed, the head of a central government agency shall make the publication under paragraph (1) after appeal procedures are completed. |
| (6) | In addition to matters prescribed in paragraphs (1) through (5), necessary matters concerning methods and procedures for publishing the list of names, etc. and the composition and operation of a deliberative committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13931, Jan. 28, 2016]
| (1) | If a subsidy program operator has an objection to the decision to grant subsidies, details of the decision to grant subsidies, revocation of the decision to grant subsidies, an order to return a subsidy, or a reduction in subsidies, exclusion from the implementation of a subsidy program or an indirect subsidy program, restrictions on receiving subsidies or indirect subsidies, the imposition of an additional monetary sanction, or other dispositions taken by the head of a central government agency relating to the granting of subsidies, he/she may file an objection in writing with the head of the central government agency within 20 days from the date he/she receives such notice or disposition. <Amended by Act No. 13931, Jan. 28, 2016> |
| (2) | Where an indirect subsidy program operator or subsidy recipient has an objection to dispositions taken by the head of a central government agency relating to an order to return a subsidy, a reduction in a subsidy, exclusion from the implementation of a subsidy program or an indirect subsidy program, restrictions on receiving a subsidy or an indirect subsidy, and the imposition of an additional monetary sanction, he/she may file an objection in writing with the head of the central government agency within 20 days from the date he/she receives such notice or disposition. <Newly Inserted by Act No. 13931, Jan. 28, 2016> |
| (3) | If the head of a central government agency receives an objection pursuant to paragraphs (1) and (2), he/she shall take necessary measures after hearing the opinions of the relevant person and shall notify the person who has filed the objection thereof. In such cases, if the person who has filed an objection against the details of the decision to grant subsidies fails to give his/her consent to the measures within 20 days from the date of receipt of the notification of the measures, he/she shall be deemed to have withdrawn his/her application for subsidies. <Amended by Act No. 13931, Jan. 28, 2016> |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 38 (Delegation of Duties) |
Some duties of the head of a central government agency concerning the granting, management, etc. of subsidies may be delegated to the head of a government agency under his/her jurisdiction or to the head of a relevant local government, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 39 (Provisions regarding Accounting Matters) |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 39-2 (Monetary Rewards for Reporting) |
| (1) | The head of a central government agency may pay a monetary reward, within budgetary limits, to a person who files a report or an accusation against any of the following persons to a relevant administrative agency or an investigative agency: Provided, That no monetary reward shall be paid to any public official who reports any of the following persons in connection with his/her duties: <Amended by Act No. 13931, Jan. 28, 2016> |
| 1. | A subsidy program operator who falls under Article 30 (1); |
| 2. | An indirect subsidy program operator who falls under Article 30 (2); |
| 3. | A subsidy recipient who falls under Article 33 (1). |
| (2) | Necessary matters concerning the standards, procedures, etc. for the payment of monetary rewards under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10898, Jul. 25, 2011]
| Article 39-3 (Support for Citizens' Use) |
| (1) | The Minister of Economy and Finance shall establish and manage an Internet-based public portal which provides on-line services, such as search for and inquiry of relevant data or information, to the citizens who need information on subsidies or subsidy programs, and shall promote the use of such portal. |
| (2) | The Minister of Economy and Finance and the head of a central government agency shall take necessary actions, such as devising measures for supporting use of the integrated subsidy management network so that information have-nots may efficiently use it. |
| (3) | Matters necessary for establishing and managing the public portal referred to in paragraph (1) and devising measures for supporting the use of the integrated subsidy management network referred to in paragraph (2) shall be prescribed by the Minister of Economy and Finance. |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
| Article 39-4 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 14524, Jan. 4, 2017]
CHAPTER VII PENALTY PROVISIONS
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won:
| 1. | A person who is granted or paid subsidies or indirect subsidies by filing a false application or by other improper means, or any person who knowingly grants or pays subsidies or indirect subsidies; |
[This Article Wholly Amended by Act No. 14524, Jan. 4, 2017]
| Article 41 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 13931, Jan. 28, 2016; Act No. 14524, Jan. 4, 2017>
| 1. | A person who uses subsidies or indirect subsidies for any other unspecified purpose, in violation of Article 22; |
| 2. | A person who violates any of Article 26-6 (1) 2 through 4; |
| 3. | A person who commits a prohibited act with respect to any important property without obtaining approval of the head of the central government, in violation of Article 35 (3). |
[This Article Wholly Amended by Act No. 10898, Jul. 25, 2011]
| Article 42 (Penalty Provisions) |
| (1) | Any person who changes the details of a subsidy program, or transfers, suspends, or terminates a subsidy program without obtaining approval from the head of a central government agency, in violation of Article 23 or 24, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (2) | Any of the following shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: |
| 1. | A person who fails to keep the relevant data, in violation of Article 25 (3); |
| 2. | A person who violates a suspension order under Article 26 (2); |
| 3. | A person who files a false report, in violation of Article 27 or 36 (1). |
[This Article Wholly Amended by Act No. 13931, Jan. 28, 2016]
| Article 43 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee of, or any other person employed by, the corporation or an individual commits any violation referred to in Articles 40 through 42 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violations. [This Article Wholly Amended by Act No. 9347, Jan. 30, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
With regard to the budgets compiled and confirmed before this Act enters into force, the amended provisions of Articles 19 (2) and 21 (3) shall not apply. Article 3 (Temporary Special Cases concerning Subsidy Programs of Seoul Special Metropolitan City Mayor)
When a person who intends to implement a subsidy program is the Seoul Special Metropolitan City Mayor, a consultation with the Minister of Home Affairs held by the heads of the central government agencies under the amended provisions of Article 7 (2) shall be substituted by the report filed by the heads of the central government agencies to the Prime Minister, until the Seoul Special Metropolitan City Council is organized; both the submission of written opinions by the Minister of Home Affairs to the Minister of Finance and Economy and the heads of the relevant central government agencies pursuant to the amended provisions of Article 7 (2) and the notice by the heads of the central government agencies to the Minister of Home Affairs pursuant to the amended provisions of Articles 12 (2) and 19 (2) shall be waived until the Seoul Special Metropolitan City Council is organized. Article 4 Omitted.
Article 5 (Relationship to Other Acts)
If the provisions of the previous Subsidies Management Act are cited or applied mutatis mutandis in other Acts as at the time this Act enters into force, the corresponding Articles and paragraphs of this Act shall be considered cited or applied mutatis mutandis in lieu of the previous provisions, when there exist in this Act provisions with corresponding contents.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
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.
ADDENDA <Act No. 9347, Jan. 30, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability concerning Use of Surplus) The amended provisions of Article 31 (4) through (6) shall apply, beginning with the first subsidies granted in the fiscal year of 2009. |
ADDENDA <Act No. 10898, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Monitoring, etc. of Implementation of Subsidy Programs)
The amended provisions of Article 25 (3) shall apply, beginning with the first subsidy program operator or indirect subsidy program operator who commences his/her subsidy program or indirect subsidy programs after this Act enters into force. Article 3 (Applicability concerning Return of Subsidies)
| (1) | The amended provisions of Article 31 (1) shall apply, beginning with the first subsidies, which is subject to the revocation of the decision to grant after this Act enters into force. |
| (2) | The amended provisions of Article 31 (2) shall apply, beginning with the final amount of subsidies that is determined under Article 28 after this Act enters into force. |
Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
A citation of the previous Act on the Budgeting and Management of Subsidies or provisions thereof by any other statute or regulation in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions thereof in lieu of the previous provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12161, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of these Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13393, Jul. 20, 2015>
This Act shall enter into force on January 1, 2016.
ADDENDA <Act No. 13931, Jan. 28, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 26-3 and 36-2 (1) 1 shall enter into force on June 1, 2017. Article 2 (Applicability concerning Period of Existence of Subsidy Programs, etc.)
| (1) | The amended provisions of Article 15 (1) shall apply, beginning with a subsidy program to which the granting of a subsidy is determined after this Act enters into force. |
| (2) | Notwithstanding the amended provision of Article 15 (1), the period of existence of a subsidy program to which a subsidy has been granted before this Act enters into force, shall be from the enforcement date of this Act to the end of the year under the following classification: |
| 1. | A subsidy program that underwent evaluation of the operation in 2012: The year of 2016; |
| 2. | A subsidy program that underwent evaluation of the operation in 2013: The year of 2017; |
| 3. | A subsidy program that underwent evaluation of the operation in 2014: The year of 2018; |
| 4. | A subsidy program that does not fall under subsidy programs prescribed by Presidential Decree under the amended provision of Article 15 (1) among the subsidy programs excluded from those subject to evaluation of the operation of subsidy programs conducted from 2012 through 2014: The year of 2016. |
| (3) | A subsidy program, the period of existence of which is to expire pursuant to each subparagraph of paragraph (2), shall undergo evaluation pursuant to the amended provision of Article 15 (2) before such period expires. |
Article 3 (Applicability concerning Public Notice of Information)
The amended provisions of Article 26-3 shall also apply to subsidy programs or indirect subsidy programs which are being implemented as of June 1, 2017. Article 4 (Applicability concerning Audit of Specific Project Operators)
The amended provisions of Article 27-2 shall apply from the fiscal year following the fiscal year to which the enforcement date of this Act belongs. Article 5 (Applicability concerning Exclusion from Implementation of Subsidy Programs, etc.)
The amended provisions of Article 31-2 (1) and (2) shall apply beginning with cases where a decision to grant a subsidy or an indirect subsidy is fully or partially revoked or a subsidy recipient is ordered to return all or part of a subsidy or an indirect subsidy, after this Act enters into force. Article 6 (Applicability concerning Imposition of Additional Monetary Sanctions)
The amended provisions of Article 33-2 shall apply beginning with cases where a subsidy program operator, etc. are ordered to return a subsidy or an indirect subsidy for reasons of a violation committed after this Act enters into force. Article 7 (Applicability concerning Order of Priority between Refunds and Other Claims)
The order of priority between refunds under the amended provision of Article 33-3 (2) and other claims shall apply beginning with claims that are established after this Act enters into force. Article 8 (Applicability concerning Orders to Return Amount of Increase, etc. in Utility Value of Important Property)
The amended provision of Article 35 (4) shall apply beginning with cases where a subsidy program operator or an indirect subsidy program operator who implements a subsidy program or an indirect subsidy program as at the time this Act enters into force, performs an act, in violation of paragraph (3) of the aforesaid Article, after this Act enters into force. Article 9 (Applicability concerning Supplementary Registration of Important Property)
The amended provisions of Article 35-2 shall apply, beginning with property which is acquired or the utility value of which is increased by virtue of a subsidy or an indirect subsidy granted, after this Act enters into force. Article 10 (Applicability concerning Publication of List of Names, etc.)
The amended provisions of Article 36-2 shall apply, beginning with cases where a subsidy program operator, etc. are subject to dispositions, such as a corrective order or a reduction in a subsidy, are subject to revocation of a decision to grant a subsidy, or are ordered to return a subsidy or an indirect subsidy for reasons of a violation committed after the aforesaid amended provisions enter into force. Article 11 Omitted.
Article 12 (Relationship to Other Statutes or Regulations)
Where the previous provisions are cited by other statutes or regulations as at the time this Act enters into force and there are provisions corresponding to the previous provisions in this Act, the relevant provisions of this Act shall be deemed cited.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14524, Jan. 4, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 4 of the Addenda shall enter into force on March 28, 2017, Articles 26-3, 26-10 and 36-2 (1) 1 of Partial Amendments to the Subsidy Management Act (Act No. 13931), and the amended provisions of Article 3 of the Addenda of Partial Amendments to the Subsidy Management Act (Act No. 13931) shall enter into force on June 1, 2017. Article 2 (Applicability to Establishment of Integrated Subsidy Management Network and Provision of Data, etc.)
The amended provisions of Articles 26-2 (2) and (3), 26-3, 26-4 and 26-7 shall also apply to the subsidy programs or indirect subsidy programs executed by means of the subsidies or indirect subsidies granted pursuant to this Act at the time this Act enters into force. Article 3 (Applicability to Destruction and Protection of Subsidy Management Information)
The amended provisions of Articles 26-5 and 26-6 shall also apply to subsidy management information held through the integrated subsidy management network at the times this Act enters into force. Article 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15022, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.