Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ACT ON ENTRUSTMENT OF SERVICES OF POST OFFICE COUNTERS

Wholly Amended by Presidential Decree No. 22514, Dec. 7, 2010

Amended by Presidential Decree No. 22940, May 30, 2011

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 24634, jun. 21, 2013

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28210, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on Entrustment of Services of Post Office Counters and matters necessary for the enforcement thereof.
 Article 2 (Services of Post Office Counters)
"Other services prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act on Entrustment of Services of Post Office Counters (hereinafter referred to as the "Act") means the following:
1. Sale of revenue stamps;
 Article 3 (Scope of Services of Post Office Counters to be Outsourced)
(1) The Minister of Science and ICT shall prescribe and announce the scope of services of post office counters that may be outsourced under Article 3 (1) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where a district in which the Minister of Science and ICT intends to outsource postal savings services pursuant to Article 3 (1) is an Eup/Myeon, he/she may do so in any of the following circumstances: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where a post office is closed;
2. Where a district in which he/she intends to outsource postal savings services is an island or remote rural area prescribed by Ordinance of the Ministry of Science and ICT.
 Article 4 (Criteria for Outsourcing of Postal Savings and Insurance Services)
Any person who intends to be entrusted with postal savings and insurance services pursuant to Article 3 (1) of the Act shall meet all of the following requirements: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. He/she shall hire at least one employee with a least five year’s work experience in postal savings services to engage in outsourced services;
2. He/she shall be furnished with facilities, etc. meeting standards for facilities of special post offices under Article 3 (2) of the Special Post Offices Act;
3. He/she shall meet other standards prescribed and announced by the Minister of Science and ICT for the smooth performance of postal savings and insurance services.
 Article 5 (Persons Eligible to Perform Outsourced Services of Post Office Counters)
"Other persons prescribed by Presidential Decree" in Article 3 (2) 6 of the Act means any of the following persons: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24634, Jun. 21, 2013>
1. A person who hires at least 500 regular workers;
2. An exemplary franchisor designated under Article 17 of the Distribution Industry Development Act;
3. A medical institution as provided for in Article 3 of the Medical Service Act;
4. A person who has opened a pharmacy under Article 20 of the Pharmaceutical Affairs Act;
5. A person who has served for any of the following institutions for at least five years:
(a) A post office (hereinafter referred to as "post office"), a sorting office, or a distribution center under Article 27 of the Organization of Korea Post;
(b) A special post office as provided for in the Special Post Offices Act;
6. A person who has provided services outsourced under Article 9 of the Act for at least five years;
7. Any of the following persons who reside in a Gun (including an Eup/Myeon of a Si in the combined form of rural and urban communities; hereafter the same shall apply in this Article):
(a) A person who has installed and manages an individual or shared receiving box pursuant to subparagraph 4 of Article 43 of the Enforcement Decree of the Postal Service Act;
(b) A person who has entered into a contract with a post office to sell postage stamps and sells postage stamps;
8. A person who has worked for at least five years for the Government or a public institution under Article 4 of the Act on the Management of Public Institutions;
9. A person who has served as the head of a village in a Gun or as a leader of New Community Movement for at least three years;
10. A person recommended by the chief administrator of a post office (only applicable to a post office, the chief administrator of which is a public official in at least Class V) having jurisdiction over a district in which services of post office counters are outsourced.
 Article 6 (Official Announcement of Outsourcing Plans)
The Minister of Science and ICT shall make a public announcement where he/she intends to outsource services of post office counters pursuant to Article 3 of the Act: Provided, That this shall not apply where he/she renews a contract for providing services of post office counters (hereinafter referred to as "outsourcing contract") under Article 4 (1) of the Act pursuant to Article 4 (4) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 7 (Criteria for Selection of Persons Eligible for Entrustment)
Criteria for selection of persons eligible for entrustment pursuant to Article 4 (2) of the Act shall be as specified in the attached Table.
 Article 8 (Payment of Performance Bonds)
(1) The Minister of Science and ICT shall require a person who has entered into an outsourcing contract (hereinafter referred to as "trustee") to take any of the relevant measures according to the scope of outsourced services classified below in order to guarantee the performance of the outsourcing contract pursuant to Article 4 (3) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Where sale of postage stamps and acceptance of postal matters are outsourced to him/her:
(a) Payment of a performance bond equivalent to an amount the Minister of Science and ICT determines and announces in consideration of the size, etc. of the amount of Government revenue he/she handles;
(b) Submission of an indemnity insurance policy that indemnifies the payment of a debt in the amount equal to a performance bond under item (a);
(c) Submission of an affidavit of support that indemnifies the payment of a debt in the amount equal to a performance bond under item (a);
2. Where services referred to in subparagraph 1 and services of the issuance and payment of postal money orders and the acceptance and payment of postal transfers are outsourced to him/her:
(a) Payment of a performance bond under subparagraph 1 (a) and submission of an affidavit of support under subparagraph 1 (c);
(b) Submission of an indemnity insurance policy under subparagraph 1 (b) and submission of an affidavit of support under subparagraph 1 (c);
3. Where services referred to in subparagraph 2 and postal savings and insurance services are outsourced to him/her:
(a) Payment of a performance bond under subparagraph 1 (a) and submission of an affidavit of support under subparagraph 1 (c). In such cases, at least two persons shall stand joint and several sureties for an affidavit of support;
(b) Submission of an indemnity insurance policy under subparagraph 1 (b) and submission of an affidavit of support under subparagraph 1 (c) In such cases, at least two persons shall stand joint and several sureties for an affidavit of support.
(2) Notwithstanding paragraph (1), the Minister of Science and ICT shall exempt trustees falling under Article 3 (2) 1 and 2 of the Act from measures, such as the payment of a performance bond under paragraph (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 9 (Announcement of Terms of Outsourcing Contracts)
Where the Minister of Science and ICT enters into an outsourcing contract, he/she shall announce the following matters. The same shall also apply where he/she cancels the outsourcing contract or modifies any terms and conditions of the outsourcing contract: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. The district in which a trustee provides outsourced services and the name of services outsourced;
2. Personal matters of a trustee;
3. Details of services outsourced;
4. Date of commencing services.
 Article 10 (Indication of Name of Trustee)
When a trustee provides outsourced services, he/she shall indicate the name of a district in which he/she provides outsourced services or a place where he/she installs a service counter, and the following names, according to the scope of the outsourced services in a manner by which the general public may ascertain them:
1. Where services referred to in subparagraph 1, 2 or 4 of Article 2 of the Act and services referred to in subparagraph 3 of the said Article are outsourced to him/her: Post office;
2. Where services referred to in subparagraph 1, 2 or 4 of Article 2 of the Act are outsourced to him/her: Postal service office.
 Article 11 (Education for Persons Providing Outsourced Services)
(1) The Minister of Science and ICT may require the head of an institution to which persons providing outsourced services belong or the president of the Korea Post Officials Training Institute to conduct education according to the terms of the relevant outsourcing contract prescribed by the Minister of Science and ICT. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may reimburse persons providing outsourced services who undergo education pursuant to paragraph (1) for actual expenses, within budgetary limits.
 Article 12 (Discount Rates of Selling Prices of Postage Stamps)
Where the Minister of Science and ICT sells postage stamps pursuant to Article 11 (1) of the Act, he/she shall discount the prices thereof by applying discount rates classified below, according to an amount at which postage stamps are purchased in the relevant month:
1. Up to 500,000 won: 15 percent;
2. An amount in excess of 500,000 won up to 10 million won: 10 percent;
3. An amount in excess of 1 million won up to 10 million won: 5 percent;
4. An amount in excess of ten million won: 3 percent.
 Article 13 (Exemption from Postage)
The Minister of Science and ICT shall exempt a trustee from postage of postal matters he/she sends to provide outsourced services pursuant to Article 13 of the Act.
 Article 14 (Delegation of Authority)
(1) The Minister of Science and ICT shall delegate the following authority to the president of Korea Post pursuant to Article 17 of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Designation of districts where trustees provide outsourced services under Article 6 (1) of the Act;
2. Payment of fees for providing outsourced services under Article 11 (2) of the Act;
3. Government supply and use of goods free of charge under Article 12 of the Act;
4. Determination and announcement of the scope of services of post office counters to be outsourced under Article 3 (1);
5. Determination and announcement of criteria under subparagraph 3 of Article 4;
6. Determination and announcement of the amount of performance bond under Article 8 (1);
7. Matters concerning education for persons providing outsourced services under Article 11.
(2) The Minister of Science and ICT shall delegate the following authority to the head of each regional Korea Post pursuant to Article 17 of the Act: <Amended by Presidential Decree No. 22940, May 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27960, Mar. 27, 2017; Presidential Decree No. 28210, Jul. 26, 2017>
1. Conclusion of outsourcing contracts (including modifications to outsourcing contracts: hereinafter the same shall apply), selection of persons eligible for entrustment and renewal of the period of outsourcing contracts under Article 4 of the Act;
2. Official announcement of outsourcing plans under Article 6;
3. Announcement of the terms of outsourcing contracts under Article 9.
 Article 15 (Processing Personally Identifiable Information)
The Minister of Science and ICT (including persons to whom the authority of the Minister of Science and ICT is delegated pursuant to Article 14 (2)) may process data containing resident registration numbers, passport numbers, or foreigner registration numbers specified in Article 19 of the Enforcement Decree of Personal Information Protection Act, where it is essential for performing duties regarding conclusion of entrustment contracts for services of post office counters as prescribed in Article 4 of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
ADDENDUM
This Decree shall enter into force on December 9, 2010.
ADDENDA <Presidential Decree No. 22940, May 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24634, Jun. 21, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 24, 2013.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.