ENFORCEMENT DECREE OF THE ACT ON COLLECTION AND USE OF DONATIONS
Wholly Amended by Presidential Decree No. 20303, Oct. 4, 2007
Amended by Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22416, Oct. 1, 2010
Presidential Decree No. 22764, Mar. 29, 2011
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26714, Dec. 15, 2015
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27617, Nov. 29, 2016
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Registration Offices for Collection) |
The minimum amount of donations that shall be registered with a registration office under Article 4 (1) of the Act on Collection and Use of Donations (hereinafter referred to as the "Act") shall be at least ten million won, and the registration office shall be as follows: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | In cases of the target amount of donations not exceeding one billion won (excluding cases falling under Article 4 (2) 4 (h) of the Act), the registration office shall be a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") having jurisdiction over the domicile of a fund raiser (referring to the principal place of business if the fund raiser is a corporation, political party, or organization; hereinafter the same shall apply); |
| 2. | In cases of not falling under subparagraph 1, the registration office shall be the Minister of the Interior and Safety. |
| Article 3 (Procedure, etc. for Filing Applications for Registration with Minister of Security and Public Administration) |
| (1) | Any person intending to obtain registration of donation collection from the Minister of the Interior and Safety under subparagraph 2 of Article 2 shall file an application for registration in attached Form 1, specifying the matters set forth in Article 4 (1) of the Act, with the Minister of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 22764, Mar. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The application for registration under paragraph (1) shall be accompanied by the following documents: <Amended by Presidential Decree No. 22416, Oct. 1, 2010> |
| 1. | A collection plan with details concerning the purpose of collection, the types of money and other articles to be collected, the target amount, area, method and period of collection, and the method of safekeeping collected money and other articles; |
| 2. | A plan for the use of collected money and other articles with details concerning a statement of estimated expenses to be incurred in collection, how to fund such expenses, and how and for how long collected money and other articles shall be used; |
| 3. | Location of a collection office, if any; |
| 4. | A copy of the articles of association, party constitution, bylaws or rules, and a copy of a document certifying that the relevant organization is officially recognized, such as a certificate of registration of a political party and a certificate of declaration of an organization, if the fund raiser is a corporation, political party, or organization; |
| 5. | A recommendation letter issued by the head of a central administrative agency for registration of donation collection in regard to the intended activities with the collected money and other articles, if the applicant intends to obtain registration of donation collection under Article 4 (2) 4 (h) of the Act; |
| 6. | A copy of a bankbook issued by a financial company, etc. to be used for receipt of donations. |
| (3) | The Minister of the Interior and Safety shall, upon receiving the application for registration of donation collection under paragraph (1), inspect the following matters and determine whether it is appropriate to grant the registration: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 22764, Mar. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Where the prospective fund raiser is an individual, his/her career history and credit status shall be inspected; |
| 2. | Where the prospective fund raiser is a corporation or organization, the value of its assets, credit status, and the career history and credit status of its representative shall be inspected; |
| 3. | Whether the prospective fund raiser is capable of conducting the intended activities with the collected money and other articles shall be inspected. |
| (4) | If the donation collection is registered, the Minister of the Interior and Safety shall issue a certificate of registration of collection to the applicant. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety shall, upon receiving the application for registration under paragraph (2), verify a corporate registration certificate (applicable to corporations only) through the sharing of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22416, Oct. 1, 2010; Presidential Decree No. 22764, Mar. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 4 (Procedure, etc. for Filing Applications for Registration with Mayor/Do Governor) |
| (1) | Any person intending to obtain registration of donation collection from the Mayor/Do Governor under subparagraph 1 of Article 2 shall file an application for registration in attached Form 1, specifying the matters set forth in Article 4 (1) of the Act, with the head of the Mayor/Do Governor. <Amended by Presidential Decree No. 22764, Mar. 29, 2011> |
| (2) | The provisions of Article 3 (2) through (5) shall apply mutatis mutandis to the application for registration under paragraph (1). In such cases, the "Minister of the Interior and Safety" shall be construed as the "Mayor/Do Governor." <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 22764, Mar. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 5 (Registration of Changes in Registered Matters) |
| (1) | Any person intending to register any change in the registration under the latter part of Article 4 (1) of the Act shall file an application for such revision to the registration with the registration office. <Amended by Presidential Decree No. 22764, Mar. 29, 2011> |
| (2) | The provisions of Article 3 (3) through (5) shall apply mutatis mutandis to the application for the revision to any registered matter under paragraph (1). In such cases, the "Minister of the Interior and Safety" shall be construed as the "registration office." <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 6 (Organization of Deliberative Committee on Donations) |
| (1) | The Deliberative Committee on Donations under the control of the Minister of the Interior and Safety under Article 5 (3) of the Act (hereinafter referred to as the "Committee") shall be comprised of 17 members or less, including one chairperson and two vice chairpersons. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The chairperson of the Committee shall be assumed by the Minister of the Interior and Safety; the vice chairpersons shall be those recommended by the Speaker of the National Assembly from among the Vice Minister of the Interior and Safety and members of the Security and Public Administration Committee of the National Assembly. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Committee members shall be commissioned by the Minister of the Interior and Safety from among Vice Ministers of each ministry, members of the National Assembly, and other persons who have profound knowledge and experience. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | The term of office of non-public official members shall be two years and renewable for only one further term. |
| (5) | The Committee shall have one secretary responsible for dealing with administrative affairs of the Committee; the secretary shall be appointed by the Minister of the Interior and Safety from among public officials of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 7 (Chairperson's Duties, etc.) |
| (1) | The chairperson shall represent the Committee and exercise overall control over the administrative affairs of the Committee. |
| (2) | Vice chairpersons shall assist the chairperson; when the chairperson is unable to perform his/her duties due to any unavoidable cause, the Vice Minister of the Interior and Safety or the member of the Security and Public Administration Committee of the National Assembly serving as vice chairperson shall act for the chairperson in the order named above. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | When neither the chairperson nor vice chairpersons are able to perform their duties due to any unavoidable cause, the committee member designated in advance by the chairperson shall act for the chairperson. |
| (1) | The chairperson shall convene and preside over meetings. |
| (2) | Meetings of the Committee shall be duly formed to open with the presence of the majority of incumbent members and may adopt resolutions by the affirmative vote of at least 2/3 of the members present at the meeting. |
| (3) | No member shall participate in a deliberation on any matter in which he/she has an interest. |
| Article 9 (Hearing Opinions, etc.) |
The chairperson may, if deemed necessary for deliberation by the Committee, summon a public official or any relevant expert to make an appearance before the Committee to hear his/her opinion or may request any relevant institution or organization to submit materials and opinions.
| Article 10 (Allowances, etc.) |
Allowances may be paid to the Committee members present and a public official or expert who makes an appearance before the Committee pursuant to Article 9 within budgetary limits: Provided, That the foregoing shall not apply to relevant public officials who make an appearance before the Committee due to a direct connection with their assignments.
| Article 11 (Detailed Operating Rules) |
In addition to the matters prescribed by this Decree, matters necessary for the operation of the Committee shall be prescribed by the chairperson, subject to the resolution of the Committee.
| Article 12 (Organization and Operation of Deliberative Committee on Donations of Local Government) |
| (1) | The Deliberative Committee on Donations that shall be established under each Mayor/Do Governor and the head of a Si/Gun/autonomous Gu pursuant to Article 5 (3) of the Act shall be comprised of 15 members or less, including one chairperson and one vice chairperson. <Amended by Presidential Decree No. 22764, Mar. 29, 2011> |
| (2) | The Mayor/Do Governor shall serve as chairperson of the Committee in cases of a City/Do; the head of a Si/Gun/autonomous Gu shall serve as chairperson in cases of a Si/Gun/autonomous Gu; the administrative Deputy Mayor/Deputy Do Governor shall serve as vice chairperson of the Committee in cases of City/Do; the deputy head of a Si/Gun/autonomous Gu shall serve as vice chairperson in cases of a Si/Gun/autonomous Gu. |
| (3) | Committee members shall be appointed or commissioned by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu from among public officials and persons of knowledge and experience. |
| (4) | The term of office of non-public official members shall be two years and renewable for only one further term. |
| (5) | The Committee shall have one secretary responsible for administrative duties of the Committee; the secretary shall be appointed by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu from among public officials of a relevant City/Do or Si/Gun/autonomous Gu. |
| (6) | The provisions of Articles 7 through 11 shall apply mutatis mutandis to the Deliberative Committee on Donations established in a City/Do or Si/Gun/autonomous Gu. |
| Article 13 (Restriction on Collection of Donations by the State, etc.) |
"Corporation or organization established with an investment or contribution from the State or a local government prescribed by Presidential Decree" in the proviso to Article 5 (1) of the Act refers to a corporation or organization not under the actual command or control of the head of a State agency or a local government with respect to appointment and dismissal of the representative of the corporation or organization, supervision over business affairs, approval of budgets, personnel management, and other matters.
| Article 14 (Reception of Voluntary Donations for Designated Use) |
| (1) | The following shall fall under the cases in which the receipt of voluntary donations for the use or purpose specifically designated is allowed pursuant to Article 5 (2) 1 of the Act: |
| 1. | Where the receipt of voluntary donations is necessary in order for the head of a State agency to achieve administrative objectives or for a corporation or organization established with an investment or contribution from the State to achieve the objectives of the establishment of such corporation or organization, and the Deliberative Committee on Donations under Article 6 (1) has deliberated upon it; |
| 2. | Where the receipt of voluntary donations is necessary in order for the head of a local government to achieve administrative objectives or for a corporation or organization established with an investment or contribution from a local government to achieve the objectives of the establishment of such corporation or organization, and the Deliberative Committee on Donations under Article 12 (1) has deliberated upon it. |
| (2) | Any person intending to make a voluntary donation in accordance with paragraph (1) shall deliver a letter of donation for a specifically designated use in attached Form 2 to the head of the State agency or the local government or the representative of the corporation or organization established with an investment or contribution from the State or a local government, to which he/she is willing to make the donation. |
| (3) | The head of a State agency or a local government and an agency affiliated to the local government, or the representative of a corporation or organization established with an investment or contribution from the State or the local government shall, when he/she accepts a voluntary donation pursuant to paragraph (1), notify or report on such fact to the Minister of the Interior and Safety without delay. In such cases, the local government, an agency affiliated to the local government, or a corporation or organization established with an investment or contribution from the local government shall notify or report it through the Mayor/Do Governor. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 15 (Organization and Operation of Deliberative Committee on Donations for Reception of Comforts) |
| (1) | "Organs prescribed by Presidential Decree" in Article 5 (3) 2 of the Act refers to the following organs: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The following organs prescribed by the Minister of National Defense: |
| (a) | The Ministry of National Defense Headquarters; |
| (b) | The Joint Chiefs of Staff; |
| (c) | The ROK-US Combined Forces Command; |
| (d) | Military units and affiliated agencies under the direct command of the Ministry of National Defense; |
| (e) | Headquarters of each armed forces and military units and agencies under the command of a general of each branch of the armed forces of each service; |
| 2. | Regional and higher police agencies; |
| 3. | Regional coast guard and higher level of coast guard agencies; |
| 4. | Deleted. <by Presidential Decree No. 27617, Nov. 29, 2016> |
| (2) | The provisions of Article 6 shall apply mutatis mutandis to the organization and operation of the Deliberative Committee on Donations established in each organ under any subparagraph of paragraph (1). |
| Article 16 (Inspections, etc.) |
| (2) | The identification card of a public official performing an inspection under Article 9 (2) of the Act shall comply with attached Table 3. |
[This Article Wholly Amended by Presidential Decree No. 22416, Oct. 1, 2010]
| Article 17 (Disposal of Donations upon Suspension of Collection, etc.) |
| (1) | Any person intending to obtain approval for disposal or use of collected donations under Article 10 (2) or the proviso to Article 12 (1) of the Act shall submit a plan for disposal or use of donations in attached Form 4 to the competent registration office. <Amended by Presidential Decree No. 22764, Mar. 29, 2011> |
| (2) | Any person who has obtained approval for disposal or use of collected donations under Article 10 (2) or the proviso to Article 12 (1) of the Act shall, upon completion of the disposal or use of donations, report the results of such disposal or use of donations to the competent registration office without delay. |
| Article 18 (Application of Rate of Appropriation for Collection Expenses) |
"Rate prescribed by Presidential Decree" in Article 13 of the Act means rates prescribed in attached Table 1.
| Article 19 (Responsibility to Keep and Disclose Account Books) |
| (1) | A fund raiser shall keep account books in attached Forms 5 through 7 in accordance with Article 14 (1) of the Act at a location where the collection of donations is conducted. |
| (2) | A fund raiser or his/her employee shall, if he/she receives or disburses donations, prepare and keep a receipt or other document evidencing the transaction in accordance with Article 7 (2) or 14 (1) of the Act. |
| (3) | When a fund raiser has suspended or completed collection of donations, expended collected donations, or expended them for any other purpose under the proviso to Article 12 (1) of the Act, he/she shall, under Article 14 (2) of the Act, notify the relevant registration office of the following facts without delay and post such facts on the fund raiser's Internet web site for at least 14 days so that the general public can peruse them: |
| 1. | Name or title of the fund raiser; |
| 2. | Date and serial number of registration; |
| 3. | Total amount or quantity of donations collected; |
| 4. | Details of use of donations. |
| (4) | A fund raiser shall, if a period set for collection ends or the amount of a collection target has been attained, discontinue the collection immediately and submit a report on the completion of collection of donations in attached Form 8 to a registration office within 30 days from the date on which the collection is so discontinued. |
| (5) | A fund raiser shall endeavor to keep donators and other people informed of the current status of collection by disclosing the details of collection and use of donations on the fund raiser's Internet web site or by any other means, and each registration office shall, under Article 7 of the Official Information Disclosure Act, disclose the general status of registration for collection of donations and cancellation thereof, details of collection and use, approval for disposition or use of donations. |
| Article 20 (Imposition of Obligation of Accounting Audit) |
| (2) | A fund raiser shall submit a report on details of collection and use of donations in attached Form 9 to the registration office along with an accounting audit report prepared by an accounting auditor within 60 days from the date on which donations are completely expended: Provided, That if the amount of donations collected does not exceed 100 million won, retention of an accounting auditor under paragraph (1) and submission of an accounting audit report prepared by an accounting auditor may be omitted, but documents evidencing disbursements, such as receipts for donations expended, shall be submitted instead. |
| (3) | A Mayor/Do Governor shall forward the report on details of collection and use of donations as submitted by a fund raiser in accordance with paragraph (2) along with a copy of the accounting audit report prepared by an accounting auditor to the Minister of the Interior and Safety without delay. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 21 (Public Notification of Registration of Collection) |
The registration office shall, where it issues a registration certificate for donation collection pursuant to Article 4 (1) of the Act, cancels the registration pursuant to Article 10 of the Act, or approves the use of donations collected for any other purpose under the proviso to Article 12 (1) of the Act, publicly notify such facts through the Official Gazette or the relevant public gazette.
| Article 22 (Criteria for Imposition of Administrative Fines) |
| (1) | The criteria for the imposition of administrative fines prescribed by Article 18 (1) of the Act shall comply with attached Table 2. |
| (2) | The Minister of the Interior and Safety or the Mayor/Do Governor may aggravate or mitigate an administrative fine by not exceeding one half of the amount specified in the criteria for imposition of administrative fines, taking into consideration of the degree, frequency, motive and consequences of the charged offense: Provided, That the aggravation of administrative fines shall not exceed the upper limit of the amount of administrative fines prescribed by Article 18 (1) of the Act. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22416, Oct. 1, 2010]
| Article 23 (Re-examination of Regulation) |
The Minister of the Interior and Safety shall examine the appropriateness of the standards for the imposition of administrative fines under Article 22 (1) and attached Table 2 every three years, counting from January 1, 2016 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 26714, Dec. 15, 2015]
ADDENDUM <Presidential Decree No. 20303, Oct. 4, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22416, Oct. 1, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22764, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicable Cases concerning Registration of Donation Collection)
| (1) | The amended provisions of Article 3 (1), (3) and (5), Article 4 and Article 5 (1) shall apply to an application for registration of donation collection or to a revision to any registered matter filed after this Decree enters into force. |
| (2) | The amended provisions of Article 17 (1) shall apply to a plan for disposal or use of donations submitted after this Decree enters into force. |
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees that were promulgated before this Decree enters into force but have yet to enter into force, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date on which the relevant Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26714, Dec. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27617, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees that were promulgated before this Decree enters into force but have yet to enter into force, among the Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective date on which the relevant Presidential Decree enters into force.
Articles 2 through 8 Omitted.