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HOUSING AND URBAN FUND ACT

Act No. 12989, Jan. 6, 2015

Amended by Act No. 13379, jun. 22, 2015

Act No. 13489, Aug. 11, 2015

Act No. 13499, Aug. 28, 2015

Act No. 13805, Jan. 19, 2016

Act No. 14567, Feb. 8, 2017

Act No. 14569, Feb. 8, 2017

Act No. 14865, Aug. 9, 2017

Act No. 15458, Mar. 13, 2018

Act No. 15489, Mar. 20, 2018

Act No. 15121, May 29, 2018

Act No. 15782, Sep. 18, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to support the enhancement of housing welfare and the revitalization of urban regeneration by establishing the Housing and Urban Fund and incorporating Korea Housing and Urban Guarantee Corporation, thereby contributing to improvement of citizens' quality of life.
 Article 2 (Definitions)
(1) The terms used in this Act are defined as follows: <Amended by Act No. 13489, Aug. 11, 2015; Act No. 13499, Aug. 28, 2015; Act No. 13805, Jan. 19, 2016>
1. The term "housing" means housing defined in subparagraph 1 of Article 2 of the Housing Act;
2. The term "quasi-housing" means quasi-housing defined in subparagraph 4 of Article 2 of the Housing Act;
3. The term "national housing" means national housing financed by the Housing and Urban Fund established under this Act among national housing defined in subparagraph 5 of Article 2 of the Housing Act;
4. The term "size of a national housing unit" means the size of a national housing unit defined in subparagraph 6 of Article 2 of the Housing Act;
5. The term "rental housing" means private rental housing defined in the Special Act on Private Rental Housing and public rental housing defined in the Special Act on Public Housing;
6. The term "urban regeneration" means urban regeneration defined in Article 2 (1) 1 of the Special Act on Promotion of and Support for Urban Regeneration;
7. The term "financial institution" means a finance company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
8. The term "limited liability loan" means a loan which restricts the liability for performance by a debtor as a security (excluding loans provided by the debtor's fraud, other improper means, etc.).
(2) Except as otherwise expressly provided in this Act, the terms not separately defined in this Act shall be governed by the Housing Act or the Special Act on Promotion of and Support for Urban Regeneration.
CHAPTER II HOUSING AND URBAN FUND
 Article 3 (Establishment of Fund)
The Government shall establish the Housing and Urban Fund (hereinafter referred to as the "Fund") in order to secure and provide the funds for accomplishing the purpose of this Act.
 Article 4 (Division of Accounts)
The Fund shall be operated and managed by dividing its account into a housing account and an urban account.
 Article 5 (Financial Resources of Fund, etc.)
(1) The housing account shall be financed by any of the following: <Amended by Act No. 13379, Jun. 22, 2015; Act No. 13805, Jan. 19, 2016>
1. Funds raised by issuing national housing bonds pursuant to Article 7;
2. Funds raised from the savings for housing referred to in Article 56 (2) of the Housing Act;
3. Earnings from lottery tickets distributed pursuant to Article 23 of the Lottery Tickets and Lottery Fund Act;
4. Contributions or deposits received from a general account;
5. Deposits received from the Public Capital Management Fund established under the Public Capital Management Fund Act;
6. The portion transferred to the State, out of the rebuilding charges referred to in the Restitution of Excess Rebuilding Gains Act;
7. Deposits received pursuant to Article 6;
8. Funds borrowed from foreign countries to implement a housing construction project or a housing site preparation project;
9. Principal repaid to and interest earned by the housing account, and profits accruing from the operation of the housing account;
10. Dividend incomes of institutions financed by the housing account;
11. Funds raised from the sale of loan assets of the housing account;
12. Funds raised from the securitization of assets of the housing account;
13. Incidental earnings accruing from the implementation of national housing projects;
14. Any other earnings prescribed by Presidential Decree.
(2) The urban account shall be financed by any of the following: <Amended by Act No. 15489, Mar. 20, 2018>
1. Contributions or deposits received from a general account;
2. Contributions or deposits received from the special account for balanced national development established under the Special Act on Balanced National Development;
3. Deposits received from the Public Capital Management Fund established under the Public Capital Management Fund Act;
4. Deposits received pursuant to Article 6;
5. Principal repaid to and interest earned by the urban account, and profits accruing from the operation of the urban account;
6. Dividend incomes of institutions financed by the urban account;
7. Funds raised from the sale of loan assets of the urban account;
8. Funds raised from the securitization of assets of the urban account;
9. Funds transferred or borrowed from the housing account;
10. Any other earnings prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport may borrow funds from the Bank of Korea, a financial institution, etc. at the Fund’s expense, if necessary for operating the Fund.
(4) Methods and procedures for selling loan assets prescribed in paragraph (1) 11 or (2) 7, and other necessary matters shall be prescribed by Presidential Decree.
(5) The Minister of Land, Infrastructure and Transport may engage in asset-backed securitization specified in the Asset-Backed Securitization Act in relation to assets of the Fund pursuant to paragraph (1) 12 or (2) 8.
 Article 6 (Depositing Capital into Fund)
(1) A manager or saver of any of the following funds or capital may deposit all or part of the funds or capital into the Fund:
1. Funds raised pursuant to the National Pension Act;
2. Any other funds or capital prescribed by Presidential Decree.
(3) The scope of and methods and conditions for depositing funds or capital into the Fund prescribed in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 7 (Issuance, etc. of National Housing Bonds)
(1) The Government may issue national housing bonds at the expense of the Fund in order to raise funds required for implementing national housing projects.
(2) The national housing bonds referred to in paragraph (1) shall be issued by the Minister of Economy and Finance, upon a request by the Minister of Land, Infrastructure and Transport.
(3) Except as otherwise expressly provided for in this Act, the State Bond Act shall apply to national housing bonds.
(4) The types and interest rates of national housing bonds, methods and procedures for issuing the bonds, affairs on redemption and issuance thereof, and other necessary matters shall be prescribed by Presidential Decree.
 Article 8 (Purchase of National Housing Bonds)
(1) A person prescribed by Presidential Decree, among the following persons, shall purchase national housing bonds:
1. A person who obtains a license, permission, or authorization from the State or a local government;
2. A person who files an application for registry or registration with the State or a local government;
3. A person who concludes a contract for a construction project with the State, a local government, or a public institution prescribed by Presidential Decree, among public institutions specified in the Act on the Management of Public Institutions;
4. A person who is supplied with housing constructed and supplied pursuant to the Housing Act.
(2) Matter necessary for purchase amounts, procedures, etc. for persons who purchase national housing bonds pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 9 (Use of Fund)
(1) The housing account of the Fund shall be used for any of the following purposes: <Amended by Act No. 13805, Jan. 19, 2016; Act No. 15458, Mar. 13, 2018>
1. Financing or lending for the following:
(a) Construction of national housing;
(b) Purchase, renting, or renovation of a housing unit not bigger than the size of a national housing unit;
(c) Construction of quasi-housing;
(d) Purchase, renting, or renovation of quasi-housing;
(e) Remodeling of a housing unit not bigger than the size of a national housing unit;
(f) A housing site preparation project designed to construct national housing;
(g) Construction of industrialized housing prescribed in Article 51 of the Housing Act (limited to housing units not bigger than the size prescribed by Presidential Decree);
(h) Construction of a housing unit the size of which is not bigger than that of a national housing unit, which recruits occupants after its housing construction process reaches the standard prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport;
(i) Expenses incurred by the Korea Land and Housing Corporation in purchasing housing units subject to the sales price ceiling system under Article 64 (2) of the Housing Act;
(j) Funds necessary for constructing rental housing and establishing relevant infrastructure, etc. to revitalize free economic zones designated pursuant to Article 4 of the Special Act on Designation and Management of Free Economic Zones;
2. Financing, contributions, or loans for any of the following institutions, Funds, and special accounts:
(a) Korea Housing and Urban Guarantee Corporation established pursuant to Article 16 (hereinafter referred to as "HUG");
(b) Korea Land and Housing Corporation;
(c) Korea Housing Finance Corporation established pursuant to the Korea Housing Finance Corporation Act;
(d) The Housing Finance Credit Guarantee Fund established pursuant to Article 56 (3) of the Korea Housing Finance Corporation Act;
(e) Deleted; <by Act No. 14865, Aug. 9, 2017>
(f) A special purpose company, etc. referred to in Article 3 (1) of the Asset-Backed Securitization Act;
(g) A special account for national housing projects established pursuant to Article 84 of the Housing Act;
3. Purchase of any of the following securities to facilitate the supply of rental housing:
(a) Securities issued by a real estate investment company defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act;
(b) Collective investment securities issued by a real estate fund pursuant to subparagraph 2 of Article 229 of the Financial Investment Services and Capital Markets Act;
(c) Securities issued by a corporation which meets the requirements specified in each item of Article 51-2 (1) 9 of the Corporate Tax Act;
(d) Any other securities prescribed by Presidential Decree, which relate to the supply of rental housing;
4. Repayment of principal and interest of the following:
(a) Deposits received, deposits, or loans referred to in Article 5 or 6;
(b) National housing bonds referred to in Article 7;
5. Transfer or loans to the urban account;
6. Expenses incurred in financing, operating, and managing the Fund;
7. Education and training in Korea and abroad designed to train professional human resources in the housing and urban field, as well as research and surveys to improve relevant systems;
8. Housing projects promoted as the Government policy;
9. Any other projects prescribed by Presidential Decree to fulfill the purpose of establishing the housing account.
(2) The urban account of the Fund shall be used for any of the following purposes: <Amended by Act No. 14567, Feb. 8, 2017; Act No. 14569, Feb. 8, 2017; Act No. 15458, Mar. 13, 2018>
1. Loans for the following:
(a) Any project defined in subparagraph 2 (a) through (c) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and any project defined in Article 2 (1) 2 and 3 of the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement;
(b) Expenses incurred in establishing infrastructure prescribed in Article 29 (2) of the Special Act on the Promotion of Urban Renewal among infrastructure defined in subparagraph 7 of Article 2 of the same Act;
2. Financing, investments, or loans for expenses incurred in implementing any project meeting the requirements prescribed by Presidential Decree among the following projects:
(a) Expenses incurred in implementing an urban regeneration project defined in Article 2 (1) 7 of the Special Act on Promotion of and Support for Urban Regeneration;
(b) Expenses incurred in the construction of buildings deemed necessary by the head of the relevant local government for urban regeneration within an urban regeneration revitalization area defined in Article 2 (1) 5 of the Special Act on Promotion of and Support for Urban Regeneration;
(c) Expenses incurred in implementing an industrial complex renovation project defined in subparagraph 11 of Article 2 of the Industrial Sites and Development Act;
3. Loans for any of the following Funds and special accounts:
(a) The Urban and Residential Environment Rearrangement Fund established pursuant to Article 126 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;
(b) A special account for urban renewal acceleration established under Article 24 of the Special Act on Promotion of Urban Renewal;
(c) A special account for urban regeneration established pursuant to Article 28 of the Special Act on Promotion of and Support for Urban Regeneration;
4. Repayment of principal and interest of the deposits received, deposits, or loans referred to in Article 5 or 6;
5. Expenses incurred in financing, operating, and managing the Fund;
6. Any other projects prescribed by Presidential Decree to accomplish the purpose of establishing the urban account.
(3) The limits on the total amount to be financed or invested pursuant to paragraph (1) or (2) shall be prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport may operate any surplus funds in the Fund by the methods prescribed by Presidential Decree.
(5) The Minister of Land, Infrastructure and Transport may operate the Fund as limited liability loans by methods prescribed by Presidential Decree, in any of the following circumstances: <Newly Inserted by Act No. 13489, Aug. 11, 2015>
1. Purchasing a housing unit not bigger than the size of a national housing unit prescribed in paragraph (1) 1 (b);
2. Purchasing quasi-housing prescribed in paragraph (1) 1 (d).
(6) The Minister of Land, Infrastructure and Transport may limit financing or lending under paragraph (1) or (2) in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport, if the project entity or constructor is suspended from business or the black mark given under Article 53 of the Construction Technology Promotion Act meets the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 15458, Mar. 13, 2018>
 Article 10 (Operation, Management, etc. of Fund)
(1) The Fund shall be operated and managed by the Minister of Land, Infrastructure and Transport.
(2) The Minister of Land, Infrastructure and Transport may entrust all or some of the affairs relating to the operation and management of the Fund to HUG.
(3) HUG may re-entrust some of the affairs previously entrusted pursuant to paragraph (2) to a financial institution, etc. with approval from the Minister of Land, Infrastructure and Transport: Provided, That the Minister of Land, Infrastructure and Transport may directly entrust the affairs to a financial institution, etc., if deemed necessary.
(4) HUG shall report to the Minister of Land, Infrastructure and Transport on the status of financing for and operation of the Fund, as prescribed by Presidential Decree.
(5) HUG, or a fund re-trustee, etc. (referring to a financial institution, etc. re-entrusted with some of the affairs of the Fund or entrusted with the affairs pursuant to paragraph (3); hereinafter the same shall apply) shall perform the entrusted affairs with the fiduciary care of a good manager.
(6) Where the Minister of Land, Infrastructure and Transport intends to formulate a plan for operating the Fund, he/she shall first consult with the Minister of Economy and Finance.
 Article 11 (Digitalization of Operation and Management of Fund)
(1) The Minister of Land, Infrastructure and Transport may establish and operate an electronic system to efficiently handle the operation and management of the Fund pursuant to Article 10.
(2) The Minister of Land, Infrastructure and Transport, HUG, and a fund re-trustee, etc., to which the affairs relating to the operation and management of the Fund have been entrusted pursuant to Article 10 (2) or (3), may use the electronic system referred to in paragraph (1) by electronically linking it with the information system referred to in Article 6-2 of the Social Welfare Services Act.
 Article 12 (Fiscal Year, etc. of Fund)
Except as otherwise expressly provided for in this Act, the National Finance Act shall apply to the fiscal year, operation plan, settlement of accounts, etc. for the Fund.
 Article 13 (Fund Accounting Organization)
(1) The Minister of Land, Infrastructure and Transport shall appoint a fund revenue collection officer, a fund treasurer, a fund disbursement officer, and a fund accounting official, from among public officials under his/her jurisdiction, in order to assign them to perform affairs relating to the revenue and expenditure of the Fund.
(2) Where HUG or a fund re-trustee, etc. is entrusted with affairs relating to the operation and management of the Fund pursuant to Article 10 (2) or (3), it or he/she shall appoint the following persons from among its or their executive officers and employees and report such appointment to the Minster of Land, Infrastructure and Transport. In such cases, the appointed persons shall perform the duties classified as follows:
1. Executive officer or employee in charge of fund revenues: The duties of the fund revenue collection officer;
2. Executive officer or employee in charge of obligation of the Fund: The duties of the fund treasurer;
3. Executive officer or employee in charge of fund disbursements: The duties of the fund disbursement officer;
4. Fund cashier: The duties of the fund accounting official.
(3) Where the Minister of Land, Infrastructure and Transport, HUG, and a fund re-trustee, etc. appoint a fund revenue collection officer, fund treasurer, fund disbursement officer, fund accounting official, executive officer or employee in charge of fund revenues, executive officer or employee in charge of obligation of the Fund, executive officer or employee in charge of fund disbursements, or fund cashier, the appointed shall notify the Board of Audit and Inspection of Korea, the Ministry of Economy and Finance, and the Bank of Korea of such appointment pursuant to paragraph (1) or (2).
 Article 14 (Disposal of Profits and Losses)
(1) Where any profit is generated from the settlement of accounts of the Fund each business year, the Minister of Land, Infrastructure and Transport shall accumulate the total profit in the Fund.
(2) Where any loss accrues from the settlement of accounts of the Fund each business year, the Minister of Land, Infrastructure and Transport shall offset the loss by the reserves accumulated pursuant to paragraph (1); and, where any loss remains even after the offset, the Government may cover the loss from a general account.
 Article 15 (Writing off Loan Claims of Fund)
(1) Where it is impracticable to recover any loan of the Fund due to the relevant debtor's insolvency, etc., HUG or a fund re-trustee, etc. may write the loan claim off, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That, in cases of limited liability loans, the claim for an uncovered loan may be written off even if the relevant debtor is not insolvent. <Amended by Act No. 13489, Aug. 11, 2015>
(2) Where the period determined by Ordinance of the Ministry of Land, Infrastructure and Transport expires while HUG or a fund re-trustee, etc. is performing the managerial duties to preserve or collect claims written off pursuant to paragraph (1), it or he/she shall suspend such duties and report to the Minister of Land, Infrastructure and Transport on the details thereof.
CHAPTER III KOREA HOUSING AND URBAN GUARANTEE CORPORATION
 Article 16 (Incorporation)
Korea Housing and Urban Guarantee Corporation shall be incorporated to conduct various forms of guarantee business and policy projects for accomplishing the purpose of this Act, as well as efficiently operating and managing the Fund.
 Article 17 (Legal Personality)
HUG shall be incorporated as a corporation.
 Article 18 (Offices)
(1) The location of the principal office of HUG shall be prescribed by its articles of incorporation.
(2) HUG may establish branch offices or business offices, as prescribed by its articles of incorporation, if necessary for performing its duties.
 Article 19 (Capital, etc.)
(1) The capital of HUG shall be five trillion won, at least 1/2 of which shall be financed by the Government.
(2) Stockholders' rights over the stocks of HUG held by the Government shall be exercised by the Minister of Land, Infrastructure and Transport.
(3) The class of stocks to be issued by HUG pursuant to paragraph (1), the amount per stock, and other necessary matters shall be prescribed by its articles of incorporation.
(4) Where HUG adopts a resolution to reduce capital by retiring or consolidating its stocks, it may publicly announce through at least two daily newspapers (referring to general daily newspapers defined in subparagraph 1 (a) of Article 2 of the Act on the Promotion of Newspapers, etc.) that creditors may raise objections to such resolution during a given period for at least 10 days, notwithstanding Article 439 (2) of the Commercial Act. In such cases, a peremptory notice to individual creditors may not be given.
 Article 20 (Registration for Incorporation and Articles of Incorporation)
(1) HUG shall be duly formed when registration for its incorporation is completed with the registry at the seat of its principal office, as prescribed by its articles of incorporation.
(2) Where HUG intends to formulate or amend its articles of incorporation, it shall obtain authorization from the Minister of Land, Infrastructure and Transport.
 Article 21 (Prohibition against Use of Similar Names)
No person, other than HUG prescribed in this Act, shall use the name, Korea Housing and Urban Guarantee Corporation, or any other similar name.
 Article 22 (Executive Officers and Employees)
(1) HUG shall have as its executive officers one president, not more than four standing directors, at least four non-standing directors, and one auditor.
(2) Any vacancy for an executive officer shall be filled by appointing a new executive officer, and the term of office for the new executive officer shall be calculated from the date he/she has been appointed.
(3) Staff of HUG shall be appointed and dismissed by the President.
 Article 23 (Board of Directors)
(1) A board of directors shall be established under the jurisdiction of HUG to deliberate and decide on important matters in connection with the operations of HUG.
(2) The board of directors shall be comprised of the President and directors.
(3) Meetings of the board of directors shall be convened by the President or upon a request by at least 1/3 of all incumbent directors, which shall be presided over by the President.
(4) The board of directors shall adopt resolutions with a consent of a majority of its incumbent directors.
(5) The auditor may attend meetings of the board of directors to present his/her opinion.
 Article 24 (Appointment of Agents)
The President of HUG may appoint an agent who shall be delegated with all judicial and extrajudicial matters, in connection with the operation of HUG among staff members of HUG, as prescribed by its articles of incorporation.
 Article 25 (Prohibition against Divulgence)
No current or former executive officer and employee of HUG shall divulge any confidential information learned in the course of performing his/her duties.
 Article 26 (Affairs)
(1) To fulfill its purposes, HUG shall perform the following affairs: <Amended by Act No. 14865, Aug. 9, 2017>
1. Affairs relating to the operation and management of the Fund prescribed in Article 10 (2);
2. Guarantee for the sale of housing, guarantee for rental deposits, guarantee for repair of defects, or any other guarantee prescribed by Presidential Decree;
3. Affairs relating to the construction of housing, repair of defects, etc. required to provide a guarantee prescribed in subparagraph 2, and affairs for the exercise of the right to indemnity;
4. Guarantee for asset-backed securities issued by a special purpose company, etc. referred to in Article 3 (1) of the Asset-Backed Securitization Act;
5. Affairs relating to the management of securitization assets entrusted by a special purpose company, etc. referred to in subparagraph 4, pursuant to Article 10 (1) of the Asset-Backed Securitization Act;
6. Acquisition, management, and renovation of real estate as well as receipt of requests for disposal thereof;
7. Affairs entrusted by the State, a local government, a public organization, etc.;
8. Surveys and research relating to the affairs specified in subparagraphs 1 through 7;
9. Any other affairs prescribed by Presidential Decree.
(2) In order to perform the affairs prescribed in paragraph (1) 1 or 2, HUG may underwrite a trust in connection with the rights to the relevant real estate (including buildings under construction). In such cases, the Financial Investment Services and Capital Markets Act shall not apply to HUG underwriting the trust.
(3) Matters necessary for performing the affairs prescribed in paragraph (1) shall be prescribed by Presidential Decree.
(4) HUG may finance or contribute to a corporation engaging in any affairs specified in any subparagraph of paragraph (1) or other similar affairs by a resolution of the board of directors.
 Article 27 (Limits on Guarantees)
The limits on the total amount of guarantees that HUG is eligible to provide shall be prescribed by Presidential Decree within the limit not exceeding 50 times the equity capital.
 Article 28 (Separate Accounting)
HUG shall keep accounts of HUG separately from those of the Fund.
 Article 28-2 (Operation of Surplus Funds)
The surplus funds of the HUG shall be operated in the following ways: Provided, That approval from the Minister of Land, Infrastructure and Transport is required in cases of subparagraphs 3 and 4:
1. Deposit into a financial institution;
2. Purchase of Government bonds and municipal bonds as well as of bonds guaranteed by the Government, a local government, or a financial institution;
3. Subscription and purchase of shares (including equity securities), debentures, and other securities;
4. Other means necessary for achieving the purpose of this Act.
[This Article Newly Inserted by Act No. 15782, Sep. 18, 2018]
 Article 29 (Disposal of Profits)
(1) Where any profit is generated from the settlement of accounts each fiscal year, HUG shall appropriate the profits in the following order:
1. Coverage of losses carried forward;
2. Accumulating at least 2/10 of the profits as an earned surplus reserve until such reserve amounts to the amount of the capital;
3. Accumulating at least 2/10 of the profits as a reserve for provision of guarantees until such reserve amounts to 1/2 of the capital;
4. Distribution of profits.
(2) No reserve referred to in paragraph (1) 2 or 3 shall be used for any purpose other than covering deficits or being transferred to the capital.
(3) Where a loss is incurred as a result of the settlement of accounts of HUG, it shall be covered by the reserve for provision of guarantees referred to in paragraph (1) 3; if such reserve is insufficient to cover the loss, the earned surplus reserve referred to in paragraph (1) 2 shall be used; and if such reserve is insufficient to cover the loss, the Government may make up the loss. <Newly Inserted by Act No. 15782, Sep. 18, 2018>
 Article 30 (Relationship to Other Statutes)
Except as otherwise expressly provided for in this Act and the Act on the Management of Public Institutions, the provisions of the Commercial Act concerning stock companies shall apply mutatis mutandis to HUG: Provided, That, Article 292 of the Commercial Act shall not apply mutatis mutandis.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 31 (Supervision)
The Minister of Land, Infrastructure and Transport shall supervise the affairs of HUG and may issue an order necessary for such supervision.
 Article 32 (Reporting, Inspections, etc.)
(1) Where deemed necessary, the Minister of Land, Infrastructure and Transport may require HUG to report matters, etc. in connection with its affairs, accounting, and property; or may have public officials under his/her jurisdiction inspect the affairs of HUG, its accounting records, documents, facilities, or any other necessary articles.
(2) Notwithstanding paragraph (1), the Financial Services Commission may conduct an inspection necessary for maintaining the management soundness of HUG, as prescribed by Presidential Decree. In such cases, the Financial Services Commission shall notify the Minister of Land, Infrastructure and Transport of the findings of such inspection without delay.
(3) Where any unlawful or unfair act of HUG is discovered in an inspection conducted under paragraph (2), the Financial Services Commission may request the Minister of Land, Infrastructure and Transport to rectify the unlawful or unfair act discovered.
(4) Where necessary for efficiently operating and managing the Fund and maintaining its soundness, the Minister of Land, Infrastructure and Transport may have public officials under his/her jurisdiction conduct an on-site inspection on the relevant fund re-trustee, etc.; require them to submit data on loans, etc.; or may give any other instructions necessary for the supervision.
 Article 33 (Requests for Provision of Data)
(1) Where deemed necessary for operating the Fund prescribed in Article 9 or performing any other affairs entrusted by the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport or a fund re-trustee, etc. may request a State agency, local government, financial institution, the National Pension Service established under the National Pension Act, the National Health Insurance Service established under the National Health Insurance Act, or any other public organization to provide necessary data or information, such as national taxes, local taxes, land, buildings, motor vehicles, health insurance, and national pension.
(2) Where deemed necessary for performing the affairs referred to in Article 26, HUG may request relevant institutions to provide data or information by applying mutatis mutandis Article (1).
(3) HUG may request the head of the competent office of tax affairs or the head of the competent local government to provide taxation information in writing, stating the relevant taxpayer's personal information and the use of such information. In such cases, a request for provision of taxation information shall be made to the minimum extent necessary for exercising the right to indemnity under Article 26 (1) 3, and shall not be abused for any other purpose.
(4) Upon receipt of a request prescribed in paragraphs (1) through (3), the relevant person shall comply therewith, except in extenuating circumstances.
 Article 34 (Collection, etc. of Data and Information)
(1) The Minister of Land, Infrastructure and Transport, HUG, or a fund re-trustee, etc. may collect, manage, keep, or use the data or information provided pursuant to Article 33.
(2) No person in receipt of data prescribed in Article 33, shall use the data for any purpose, other than operating or managing the Fund or performing affairs prescribed in Article 26, and shall maintain confidentiality.
CHAPTER V PENALTY PROVISIONS
 Article 35 (Penalty Provisions)
(1) A person violating Article 34 (2) shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 15121, Nov. 28, 2017>
(2) A person who divulges any secret, in violation of Article 25, shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 15121, Nov. 28, 2017>
 Article 36 (Administrative Fines)
(1) A person who uses the name, HUG, or any other similar name in violation of Article 21 shall be subject to an administrative fine not exceeding 10 million won.
(2) An administrative fine referred to in paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Article 2 (Transitional Measures concerning the National Housing Fund)
(1) The National Housing Fund established under the Housing Act as at the time this Act enters into force shall be deemed the Housing and Urban Fund established under this Act.
(2) Any investments, contributions, loans, or other juristic acts made, provided or performed from the National Housing Fund under the Housing Act as at the time this Act enters into force shall be deemed made, provided or performed under the relevant provisions of this Act.
(3) Property, claims, and debts belonging to the National Housing Fund under the Housing Act as at the time this Act enters into force shall be transferred to the housing account of the National Housing Fund established under this Act.
Article 3 (Transitional Measures concerning National Housing Bonds)
National housing bonds specified in the Housing Act as at the time this Act enters into force shall be deemed national housing bonds specified in this Act.
Article 4 (Transitional Measures following Change of Name of Korea Housing Guarantee Company)
(1) Korea Housing Guarantee Company incorporated under the Housing Act (hereinafter referred to as "Korea Housing Guarantee Company") as at the time this Act enters into force shall be deemed Korea Housing and Urban Guarantee Corporation incorporated under this Act.
(2) Acts performed or other legal relationships established in the name of the Korea Housing Guarantee Company as at the time this Act enters into force shall be deemed acts performed or legal relationships established in the name of the Korea Housing Guarantee Company incorporated under this Act.
(3) The name of the Korea Housing Guarantee Company stated in registers or other public records as at the time Act enters into force shall be deemed the name of Korea Housing and Urban Guarantee Corporation incorporated under this Act.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
(1) A citation of any previous provisions of the Housing Act by any other statute as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act if such corresponding provisions exist herein.
(2) A citation of the National Housing Fund, national housing bonds, and Korea Housing Guarantee Company by any other statute as at the time this Act enters into force shall be deemed a citation of the Fund, national housing bonds, and HUG under this Act, respectively.
ADDENDA <Act No. 13379, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13489, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Article 2 (Applicability to Limited Liability Loans)
The amended provisions of Article 9 (5) shall begin to apply with the first application for a loan to purchase a housing unit not bigger than the size of a national housing unit or quasi-housing filed after this Act enters into force.
ADDENDA <Act No. 13499, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDA <Act No. 14569, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 14865, Aug. 9, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15121, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15458, Mar. 13, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15489, Mar. 20, 2018>
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. 15782, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2019.
Article 2 (Transitional Measures concerning Operation of Surplus Funds)
HUG shall obtain approval from the Minister of Land, Infrastructure and Transport within three months from the date this Act enters into force, in regard to the surplus funds operated in the manner described in the amended provisions of subparagraphs 3 and 4 of Article 28-2 as at the time this Act enters into force.