ACT ON ENTRUSTMENT OF SERVICES OF POST OFFICE COUNTERS
Wholly Amended by Act No. 10349, jun. 8, 2010
Amended by Act No. 11690, Mar. 23, 2013
Act No. 13474, Aug. 11, 2015
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to contribute to the promotion of the convenience for people and the development of postal services, by increasing the number of counters for users and efficiently providing services by entrusting a certain person with some of the services of post office counters.
The term "services of post office counters" in this Act shall be the following services provided at post offices:
| 1. | Sale of postage stamps (referring to stamps, vouchers indicating postage, books of stamps, envelopes necessary for special treatment of postal matter and international reply coupons; hereinafter the same shall apply) and the receipt of postal matter; |
| 2. | Issuance and payment of postal money orders and payment and disbursement of postal transfer; |
| 3. | Postal savings and postal insurance; |
| 4. | Other services prescribed by Presidential Decree. |
| Article 3 (Entrustment of Services of Post Office Counters) |
| (1) | If deemed necessary for convenient use by people and efficient provision of postal services, the Minister of Science and ICT may entrust a person under the subparagraphs of paragraph (2) with some of the services of post office counters in accordance with this Act: Provided, That he/she shall entrust services under subparagraph 3 of Article 2 in accordance with standards prescribed by Presidential Decree concerning ability to provide services, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | A person who is eligible to provide services of post office counters entrusted by the Minister of Science and ICT shall be as specified in the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13474, Aug. 11, 2015; Act No. 14839, Jul. 26, 2017> |
| 6. | Other persons prescribed by Presidential Decree. |
| Article 4 (Conclusion of Entrustment Contracts) |
| (1) | Where the Minister of Science and ICT intends to entrust a person under the subparagraphs of Article 3 (2) with some of the services of post office counters, he/she shall enter into a contract (hereinafter referred to as "entrustment contract") in the terms that the person will provide services of post office counters in a district designated by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT intends to enter into an entrustment contract pursuant to paragraph (1), when not less than two persons intend to be entrusted with and provide services of post office counters in a district designated by the Minister of Science and ICT, he/she shall select persons intended for entrustment in accordance with standards prescribed by Presidential Decree in consideration of convenience for users, ability to provide services, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT enters into an entrustment contract with a person under the subparagraphs of Article 3 (2) pursuant to paragraph (1), the former may have the latter pay a security deposit, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | The period of an entrustment contract shall be three years and may be renewed: Provided, That where necessary, the entrustment contract may be renewed for a period of less than three years. |
| Article 5 (Principles for Provisions of Entrusted Services) |
A person who has entered into an entrustment contract (hereinafter referred to as "trustee") pursuant to Article 4 (1) shall provide entrusted services of post office counters (hereinafter referred to as "entrusted services") in a fair, expeditious and accurate manner.
| Article 6 (District Where Entrusted Services Are Provided, etc.) |
| (1) | A trustee shall provide entrusted services in a district designated by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | A trustee shall have facilities and equipment prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 7 (Business Hours, etc. of Entrusted Services) |
Business hours of entrusted services, receipts and disbursements of national funds and cash, and other necessary matters for the provision of entrusted services shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 8 (Separate Accounts of Cash, etc.) |
A trustee shall conduct accounts for cash and Articles arising from the provision of entrusted services and separate the custody thereof from other cash and Articles.
| Article 9 (Persons Engaged in Entrusted Services) |
| (1) | The term "persons engaged in entrusted services" refers to those under the following subparagraphs: |
| 1. | Where a trustee is a corporation, a person engaged in entrusted services as an executive or employee of such corporation; |
| 2. | Where a trustee is an individual, the relevant trustee or a person engaged in entrusted services by his/her designation. |
| (2) | A person under paragraph (1) shall be deemed a person engaged in public service: Provided, That the State Public Officials Act shall not apply to him/her. |
| Article 10 (Protection of Users) |
An act done by a trustee while providing entrusted services in accordance with this Act shall be deemed an act done by a post office.
| Article 11 (Discount Sale, etc. of Postage Stamps) |
| (1) | Where the Minister of Science and ICT sells postage stamps to a trustee, he/she shall discount the prices thereof, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall pay a fee to a trustee according to a volume of the provision of entrusted services, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 12 (Government Supply of Articles, etc.) |
If deemed necessary for the effective provision of entrusted services, the Minister of Science and ICT may supply a trustee with office supplies or other articles of the State or let him/her use them free of charge. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 13 (Exemption from Postage) |
A trustee may be exempted from paying postage incurred in providing entrusted services, as prescribed by Presidential Decree.
| Article 14 (Application of other Statutes Mutatis Mutandis) |
| Article 15 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
A trustee (including persons engaged in providing entrusted services under Article 9 (1)) shall be deemed a public official for the purpose of applying the penalty provisions under the Criminal Act and other Acts to the provision of entrusted services.
| Article 16 (Compensation for Loss by Trustee) |
Where a trustee inflicts any loss on the National Treasury by intention or by mistake when he/she provides entrusted services, he/she shall compensate for such loss.
| Article 17 (Delegation of Authority) |
Part of the authority of the Minister of Science and ICT under this Act may be delegated to the head of an agency under his/her control, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability) The amended provision of the proviso to Article 4 (4) shall apply beginning with the first entrust contract which is renewed after this Act enters into force. |
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. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 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 the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.