ENFORCEMENT DECREE OF THE INTER-KOREAN EXCHANGE AND COOPERATION ACT
Wholly Amended by Presidential Decree No. 21648, Jul. 30, 2009
Amended by Presidential Decree No. 21745, Sep. 24, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 24638, jun. 28, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25653, Oct. 15, 2014
Presidential Decree No. 26473, Aug. 3, 2015
Presidential Decree No. 27219, May 10, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29950, Jul. 2, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters delegated by the Inter- Korean Exchange and Cooperation Act and matters necessary for the enforcement thereof.
| Article 2 (Entry and Exit Points) |
| 1. | Panmunjom (truce village); |
| 2. | The train management office and the rolling stock operation office of the Gyeongeui Line located in Dorasan-ri, Jangdan-myeon, Paju-si, Gyeonggi-do; |
| 3. | The train management office and the rolling stock operation office of the Donghae Line located in Sacheon-ri, Hyeonnae-myeon, Goseong-gun, Gangwon-do; |
| 6. | Others designated by the Minister of Unification as necessary for facilitation of inter-Korea exchange and cooperation. |
| (2) | The Minister of Unification shall consult with a relevant administrative agency in advance in making any designation pursuant to paragraph (1) 6. |
| Article 3 (Services and Intangible Articles in Electronic Form) |
"Services and intangible articles in electronic form prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act means services and intangible goods in an electronic forms under subparagraph 1 (b) and (c) of Article 2 of the Foreign Trade Act and other services and intangible articles in electronic forms equivalent thereto.
CHAPTER II INTER-KOREAN EXCHANGE AND COOPERATION PROMOTION COUNCIL
| Article 4 (Term of Office of Members of Council) |
| (2) | The term of office of members under Article 5 (3) 2 shall be one year. |
| Article 4-2 (Removal from Office or Dismissal of Members) |
Where a member under Article 5 (3) of the Act falls under any of the following, the Prime Minister may remove the relevant member from office or dismiss him/her: | 1. | Where a member becomes incapable of performing his/her duties due to mental disorder; |
| 2. | Where there exist any corruption or illegality concerning his/her duties; |
| 3. | Where a member is deemed inappropriate to be a member due to neglect of duties, injury to dignity, or other grounds; |
| 4. | Where a member declares himself/herself that it is difficult to perform duties. |
[This Article Newly Inserted on May 10, 2016]
| Article 5 (Vicarious Exercise of Authority of Members who are Vice Minister or Public Officials Equivalent thereto) |
| (1) | Public officials qualified to vicariously exercise authority of members under Article 5 (3) 1 of the Act pursuant to paragraph (5) of the same Article shall be public officials in charge of the affairs related to the agenda to be presented to meetings, from among public officials in general service (including public officials in special service or in a special career equivalent thereto) of the agency to which the members belongs, who belong to the Senior Civil Service. |
| (2) | When any member falling under Article 5 (3) 1 of the Act is unable to participate in a meeting of the Inter-Korean Exchange and Cooperation Promotion Council under Article 4 of the Act (hereinafter referred to as the "Council"), he/she shall notify the reasons therefor to the executive secretary of the Council one day before the meeting is held. |
| Article 6 (Meetings of Council) |
Where the chairperson desires to convene a meeting of the Council pursuant to Article 7 (1) of the Act, the chairperson shall notify each member of the date, venue, and agenda of the meeting, in writing (including electronic documents; hereinafter the same shall apply) five days before the meeting is held: Provided, That the same shall not apply to cases where an emergency or unavoidable reason exists.
| Article 7 (Hearing of Opinions) |
The Council chairperson may, if deemed necessary to perform his/her duties, have relevant public officials or appropriate experts attend a meeting of the Council and then hear their opinions.
Members under Article 5 (3) 2 of the Act and persons attending a meeting of the Council under Article 7 of this Decree to state their opinions may be paid allowance and travel expenses within budget limits: Provided, That the same shall not apply to public officials who attend a meeting directly related to their duties.
| Article 9 (Composition of Council) |
| (1) | A working committee under Article 8 of the Act (hereinafter referred to as "working committee") shall be comprised of 15 members or less, including one chairperson. |
| (2) | The chairperson of the working committee shall be the Vice Minister of Unification and exercise overall control over the affairs of the working committee. |
| (3) | Members of the working committee shall be State public officials of grades I through III or in general services belonging to the Senior Executive Service (including public officials in special service or in a special career equivalent thereto) designated by the head of an administrative agency, from among those belonging to the agency, recognized related to the agenda to be presented at meetings of the Council by the head of the administrative agency to which a Council member belongs and the chairperson of the Council. |
| Article 10 (Functions of Working Committee) |
The working committee shall deal with matters under each subparagraph:
| 1. | Preliminary review and coordination (limited to cases the chairperson of the Council deems necessary) of the agenda to be presented at the meeting of the Council; |
| 2. | Affairs delegated by the Council; |
| 3. | Practical cooperation between the relevant administrative agencies relating to inter-Korean exchange and cooperation; |
| 4. | Other matters to be presented at meetings of the working committee by the chairperson of the Council. |
| Article 11 (Provisions Applicable Mutatis Mutandis) |
| (1) | With respect to the operation of the working committee, the provisions of Article 5 (2) and Articles 6 through 8 shall apply mutatis mutandis. |
| (2) | Except as provided for in the Act and this Decree, necessary matters on the operation of the Council and the working committee shall be prescribed by the chairperson of the Council, subject to resolution of the Council. |
CHAPTER III TRAVEL IN AND OUT, ETC. BETWEEN SOUTH AND NORTH KOREA
| Article 12 (Application for Approval of Visit) |
| (1) | When a South Korean resident or Korean national residing overseas (referring to persons falling under any of the subparagraphs of Article 9 (8) of the Act; hereinafter the same shall apply) intends to obtain approval for visit from the Minister of Unification to travel to North Korea under the Article 9 (1), and the provisos to Article 9 (6) and (8) of the Act, he/she shall file an application for approval of visit with the Minister of Unification seven days before the visit, accompanying documents under the following subparagraphs: Provided, That documents under subparagraph 1 may be omitted if the applicant has already submitted documents related to the identification of the applicant as prescribed by the Minister of Unification in order to visit a North Korean resident who is a family member under Article 18: <Amended on Jul. 2, 2019> |
| 1. | Personal information of applicant for approval of visit; |
| 2. | Documents confirming the intent of invitation of the North Korean authority or organizations, etc.; |
| 3. | One copy of the applicant's photograph to be used in a certificate of visit (referring to a bust photo in color, 3.5cm wide by 4.5cm long in size, taken without any hat on within the last three months); |
| 4. | Other necessary documents recognized by the Minister of Unification. |
| (2) | Under Article 9 (1) of the Act and the proviso to paragraph (6) of the same Article, a resident of North Korea intending to obtain approval of visit from the Minister of Unification shall file with the Minister of Unification an application for approval of visit seven days in advance, accompanying the documents under paragraph (1) 3 and 4. |
| (3) | The Minister of Unification shall, when granting approval for visit, issue a certificate of visit under Article 9 (1) of the Act (hereinafter referred to as "certificate of visit"): Provided, That the same shall not apply to cases where a person who has obtained approval for visit holds a certificate of multiple visits (referring to the certificate of multiple visits under Article 9 (2) 2 of the Act; hereinafter the same shall apply). |
| (4) | A certificate of multiple visits shall be issued to a person recognized by the Minister of Unification as necessary to travel between South and North Korea from time to time in order to promote inter-Korean exchange and cooperation. |
| (5) | The Minister of Unification may, when granting approval for visit, set a visiting period to the extent of one year pursuant to Article 9 (4) of the Act. |
| (6) | The Minister of Unification may, when granting approval for visit, impose conditions under each of the following subparagraphs pursuant to Article 9 (4) of the Act: |
| 1. | Restriction on or change in the purpose, persons to be visited and place and route, etc. of visit; |
| 2. | In cases of entry to the Military Demarcation Line, submission of details on the schedule; |
| 3. | Submission of a report on the results of visit to North Korea; |
| 4. | Completion of education for visit to North Korea, which is prescribed by Ordinance of Minister of Unification; |
| 5. | Others recognized by the Minister of Unification as necessary to facilitate inter-Korean exchange and cooperation and to maintain order. |
| (7) | "Person who travels directly between South and North Korea without passing through a foreign country and who is prescribed by Presidential Decree" in Article 9 (6) of the Act means a person under any of the following subparagraphs: |
| 3. | Other persons recognized by the Minister of Unification as necessary to facilitate inter-Korea exchange and cooperation. |
| (8) | Where contents of application received pursuant to paragraph (1) are deemed important, the Minister of Unification shall consult with the head of a relevant administrative agency prior to granting approval. |
| (9) | If details of the report on visit to North Korea filed pursuant to paragraph (6) 3 are deemed important, the Minister of Unification shall send such report to the head of a relevant administrative agency. |
| Article 13 (Application for Approval of Visit by Residents, etc. Staying in Foreign Countries) |
Where a South Korean or North Korean resident staying in a foreign country or a Korean national residing abroad intends to obtain approval for visit, notwithstanding Article 12 (1) and (2), he/she may submit to the head of a diplomatic mission abroad an application for approval of visit, ac- companying the relevant documents. In such cases, the head of a diplomatic mission abroad shall send them to the Minister of Unification without delay.
| Article 14 (Reports on Visit by Korean National Abroad) |
| (1) | Any Korean national residing abroad who intends to report on the visit to North Korea from a foreign country pursuant to Article 9 (8) of the Act shall submit to the Minister of Unification or the head of a diplomatic mission abroad within 10 days after returning, an application for approval of visit, accompanying such documents as the Minister of Unification or the head of a diplomatic mission abroad deems necessary. |
| (2) | The head of a diplomatic mission abroad shall, upon receipt of the report pursuant to paragraph (1), send the relevant documents to the Minister of Unification. |
| Article 15 (Reissuance of Certificate of Visit) |
If a person who has been issued a certificate of visit falls under any of the following subparagraphs, a certificate of visit may be re-issued. In such cases, the person shall file with the Minister of Unification an application for reissuance of certificate of visit by accompanying a copy of photo to be used on the certificate of visit under Article 12 (1) 3: | 1. | Where any matter indicated on the certificate of visit needs to be amended or changed; |
| 2. | Where the certificate of visit issued is lost; |
| 3. | Where the certificate of visit issued is worn out; |
| 4. | Where there exist other reasons recognized by the Minister of Unification as necessary to reissue a certificate of visit due to unavoidable reasons. |
| Article 16 (Reports on Contact) |
| 1. | Personal information on the person who makes the report on contact with North Korean residents; |
| 2. | Other necessary documents recognized by the Minister of Unification. |
| (2) | "Unavoidable cause prescribed by Presidential Decree" in the proviso to Article 9-2 (1) of the Act means a case falling under any of the following subparagraphs: |
| 1. | Where any person has met or communicated with any North Korean resident who is a family member, or contacted any North Korean resident in order to confirm whether his/her family member is alive; |
| 2. | Where any person has urgently contacted any North Korean resident for purposes of trade; |
| 3. | Where any person has contacted any North Korean resident through the Internet, such as email, electronic commerce, etc. without any prearranged plan; |
| 4. | Where any person has contacted any North Korean resident without making a prior report because it is impossible to make the prior report, due to receipt by mail, etc., or any unavoidable reason; |
| 5. | Where any person has contacted any North Korean resident by chance while traveling in a foreign country. |
| (3) | Where any person, who falls under any of the paragraph (2) 2, has contacted any North Korean resident, he/she shall report it within seven days after the contact, as prescribed by the Minister of Unification. |
| (4) | "Any person issued a certificate of visit who falls under any case prescribed by Presidential Decree, such as where the person makes contact naturally recognized within the scope of purposes of the visit" in Article 9-2 (2) of the Act means cases falling under each of the following sub- paragraphs: |
| 1. | Where a person who has been issued a certificate of visit pursuant to Article 9 makes contact naturally recognized within the scope of purposes of the visit; |
| 2. | Where any person contacts North Korean residents who visit South Korea in accordance with the agreement between the Government and the North Korean authority; |
| 3. | Where any person contacts North Korean residents who visit South Korea to attend an international event held in South Korea; |
| 4. | Where any person who attends an international event after obtaining approval from the Government contacts North Korean residents, which is naturally recognized within the scope of purposes of such event; |
| 5. | Where any person works for a foreign corporation, etc. located in a foreign country makes contact within the purposes to perform his/her duties. |
| (5) | The Minister of Unification may, when accepting a report on contact, impose conditions under each of the following subparagraphs pursuant to the main sentence of Article 9-2 (4) of the Act: |
| 1. | Restriction on or change of persons to be contacted, and purpose, method, etc. of contact; |
| 2. | Submission of reports on the results of contact with North Korean residents; |
| 3. | Others recognized by the Minister of Unification as necessary to facilitate inter-Korean exchange and cooperation and to maintain order. |
| (6) | If details of the report received pursuant to paragraph (1) are deemed important, the Minister of Unification shall consult with the head of a relevant administrative agency before accepting the report. |
| (7) | The Minister of Unification shall, if contents of a report on the results of contact with North Korean residents received pursuant to paragraph (5) 2, send such report to the head of a relevant administrative agency. |
| Article 17 (Report on Contact by Residents Staying in Foreign Countries) |
Notwithstanding Article 16 (1), a resident of South Korea who stays in a foreign country may, when making a report on contact, submit the relevant documents to the head of a diplomatic mission abroad. In such cases, the head of the diplomatic mission abroad shall sent them to the Minister of Unification without delay.
| Article 18 (Scope of Family) |
"Family designated by Presidential Decree" in the proviso to Article 9-2 (4) of the Act means blood relatives or relatives by marriage within the third cousin relationship, a spouse, or person who was a spouse.
| Article 19 (Measures on Special Cases) |
If there exists any agreement between South Korea and North Korea or the Council makes a resolution, the Minister of Unification may prescribe special cases concerning the simplification of procedures under the provisions of Articles 12 through 17.
| Article 20 (Examiners for Entry and Exit) |
The Minister of Unification shall designate a public official to be in charge of conducting examination under Article 11 of the Act (hereinafter referred to as "examiner for entry and exit"), subject to consultation with the head of a relevant administrative agency.
| Article 21 (Application for Examination) |
Any person who intends to receive an examination under Article 11 of the Act shall submit a certificate of visit and a report on entry or exit to an examiner for entry and exit: Provided, That a person who has been issued a certificate of visit in the form of electronic card, etc. as prescribed by Ordinance of Minister of Unification need not submit the report on entry or exit.
| Article 22 (Examination for Entry and Exit) |
| 1. | Confirmation of identity; |
| 2. | Inspection on personal effects; |
| 4. | Confirmation of required documents, such as a certificate of visit, etc.; |
| 5. | Confirmation whether departure is prohibited pursuant to Immigration Act; |
| 6. | Other necessary examination recognized by the Minister of Unification. |
| (2) | Facilities and equipment required to conduct examination under paragraph (1) (hereinafter referred to as "examination for entry or exit") shall be installed by the Minister of Unification, subject to consultation with the head of a relevant administrative agency. |
| (3) | The Minister of Unification may, if deemed necessary, omit part of affairs under paragraph (1) from examination, in according to the consultation with the head of a relevant administrative agency. |
| Article 23 (Confirmation of Examination) |
| (1) | An examiner for entry and exit shall affix an examiner-checked seal on a certificate of visit carried by a person who has received the examination for enter or entry: Provided, That the examiner-checked seal may be omitted on a certificate of visit issued in the form of electronic card, etc. as prescribed by Ordinance of Ministry of Unification. |
| (2) | An examiner for entry and exit shall not permit a person to visit North Korea if he/she is confirmed to be prohibited to depart: Provided, That if any agreement exists between the Government and the North Korean authority or agreement between persons delegated by the Government and the North Korean authority, respectively, the provisions of such agreement shall govern. |
| Article 24 (Public Notice of Personal Effects Prohibited to be Carried) |
The Minister of Unification may publicly notify types, quantity, and handling methods of personal effects prohibited to be carried by a person who travels between South Korea and North Korea, subject to consultation with the head of the relevant administrative agency.
| Article 25 (Application for Approval of Taking out and Bringing in) |
| (1) | Any person who intends to take out or bring in goods, etc. pursuant to the former part of Article 13 (1) of the Act shall file with the Minister of Unification an application for approval of taking out or bringing in seven days before taking out or bringing in, accompanying documents under the following subparagraphs: Provided, That the Minister of Unification may have some documents from among the following subparagraphs omitted, taking into account the purposes, etc. of taking out or bringing in: |
| 1. | Plans for taking out or bringing in; |
| 2. | Documents verifying the contract for taking out or bringing in with the North Korean counterpart (in cases of a contract concluded via a broker, including contracts between the applicant and the broker and between the broker and North Korean counterpart); |
| 3. | Copies of certificates of license, permission or registration issued in accordance with the relevant Acts and subordinate statutes with respect to the handling of goods, etc.; |
| 5. | Other necessary documents recognized by the Minister of Unification. |
| (2) | "Material matter prescribed by Presidential Decree" in the latter part of Article 13 (1) of the Act means matters falling under any of the following subparagraphs: |
| 1. | Total amount (excluding cases where the total amount is changed within 10%), unit price, and quantity of goods, etc.; |
| 3. | Period of validity for taking out or bringing in; |
| 4. | Conditions on approval for taking out or bringing in. |
| (3) | A person who intends to obtain approval for change to take out or bring in, etc. pursuant to the latter part of Article 13 (1) of the Act shall file with the Minister of Unification an application for approval of change for taking out or bringing in, accompanying documents under the following subparagraphs: Provided, That the Minister of Unification may have the documents under subparagraph 2 omitted, taking into account the pur- poses, etc. of taking in or bringing in: |
| 1. | Statement specifying reasons for the application for approval of change in taking out or bringing in; |
| 2. | Documents evidencing the changes in the contract for taking out or bringing in with North Korean counterpart (in cases of a contract concluded via a broker, including the contracts between the applicant and the broker and between the broker and North Korean counterpart); |
| 3. | Other necessary documents recognized by the Minister of Unification. |
| (4) | The Minister of Unification may, if he/she granted approval for taking out or bringing in, etc., impose conditions under the following subparagraph pursuant to Article 13 (3) of the Act: |
| 1. | Restriction on or change in the purpose and route of taking out or bringing in, etc., price conditions, etc.; |
| 3. | Others recognized by the Minister of Unification as necessary to facilitate the inter-Korean exchange and cooperation and to maintain order. |
| (5) | The Minister of Unification may, when granting approval for taking out or bringing in goods, etc., set a period of validity to the extent not exceeding one year pursuant to Article 13 (3) of the Act. |
| Article 26 (Procedures for Issuing Orders for Adjustment on Trade) |
| (2) | The head of a relevant administrative agency may, if deemed necessary to order a trading party to adjust with respect to trade, request the Minister of Unification to issue an order for adjustment under Article 15 (1) of the Act. |
| (3) | When issuing an order for adjustment pursuant to Article 15 (1) of the Act, the Minister of Unification may hear opinions from relevant experts or interested parties. |
| (4) | "Matters on the trade prescribed by Presidential Decree, such as performance, etc. of taking out or bringing in goods, etc." in Article 15 (3) of the Act means the matters under the following subparagraphs: |
| 1. | Matters on performance, etc. of taking out or bringing in goods, etc.; |
| 2. | Other necessary matters recognized by the Minister of Unification. |
CHAPTER V COOPERATIVE PROJECTS
| Article 27 (Application for Approval of Cooperative Projects) |
| (1) | A person who intends to obtain approval for cooperative projects pursuant to the former part of Article 17 (1) of the Act shall file with the Minister of Unification an application for approval of cooperative projects, accompanying documents under the following subparagraphs: Provided, That the Minister of Unification may have some of the documents under the following subparagraphs omitted, taking into account the characteristics of the cooperative project: <Amended on Jul. 2, 2019> |
| 1. | Personal information of an applicant for approval of the cooperative project (if the applicant is a corporation, referring to the articles of incorporation and the statement of financial position for the immediately preceding fiscal year); |
| 2. | Plan for cooperative projects; |
| 3. | Introduction of North Korean counterpart; |
| 4. | Documents to confirm the consultation on cooperative projects with North Korean counterpart; |
| 5. | Certification issued by the North Korean authority or any North Korean agency with an appropriate power with respect to cooperative projects; |
| 7. | Results of internal research on the possibility to carry out or succeed cooperative projects in North Korea; |
| 8. | Application for creation of a foreign company, which is submitted to the North Korean authority; |
| 9. | Other necessary documents recognized by the Minister of Unification. |
| (2) | Where a person intending to obtain approval for cooperative projects applies for an approval for cooperative projects pursuant to paragraph (1), the Minister of Unification shall confirm the certified transcript of corporate registration through sharing administrative information under Article 36 (1) of the Electronic Government Act (limited to cases where the applicant is a corporation). <Amended on May 4, 2010> |
| (3) | A person who intends to obtain approval for change in cooperative projects pursuant to the latter part of Article 17 (1) of the Act shall file with the Minister of Unification an application for approval of change in cooperative projects, accompanying documents under the following sub- paragraphs: Provided, That the Minister of Unification may have the document under subparagraph 3 omitted, taking into account the content of the changes of the cooperative project: |
| 1. | Statement specifying the reasons for approval of change for cooperative project; |
| 2. | Documents evidencing the changes; |
| 3. | Plans to promote the cooperative project to be changed; |
| 4. | Other necessary documents recognized by the Minister of Unification. |
| (4) | When granting approval for cooperative projects, the Minister of Unification may impose conditions under the following subparagraphs pursuant to Article 17 (3) of the Act: |
| 1. | Restriction on or changes in the purpose, content, scope, period and location of the cooperative project; |
| 3. | Others recognized by the Minister of Unification as necessary to facilitate the inter-Korean exchange and cooperation and to maintain order. |
| (5) | The Minister of Unification shall, when granting approval for cooperative projects pursuant to Article 17 (1) of the Act, notify the head of a relevant administrative agency thereof. |
| (6) | In addition to matters prescribed in paragraph (1) through (5), necessary matters on applications for the approval or approval of change of cooperative projects shall be prescribed by Presidential Decree. |
| Article 28 (Procedures for Hearings) |
| (1) | When holding a hearing pursuant to Article 17 (5) of the Act, the Minister of Unification shall send a written statement specifying reasons for the suspension of a cooperative project or the revocation of approval ten days prior to the date scheduled to hold a hearing to the person who has obtained approval for the cooperative project. |
| Article 29 (Report on Cooperative Projects) |
| (1) | "Cooperative projects prescribed by Presidential Decree, such as small investment, etc." in the former part of Article 17-2 (1) of the Act means projects satisfying all the following requirements: |
| 1. | Projects carried out in Gaeseong Industrial District under the Act on the Support of Gaeseong Industrial District or areas announced by the Minister of Unification among the areas designated as a special zone for economic development in accordance with the agreement between South Korea and North Korea; |
| 2. | Projects which invest not more than 500,000 U.S. dollars in North Korea to carry out a cooperative project. |
| (2) | A person who intends to report pursuant to the former part of Article 17-2 (1) of the Act shall file with the Minister of Unification a report on the cooperative project, accompanying the documents under the following subparagraphs. In such cases, the Minister of Unification shall confirm the certified copy of a register of corporation registration (limited to cases where the reporter is a corporation) by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended on May 4, 2010; Jul. 2, 2019>> |
| 1. | Personal information on a person who makes a report on the cooperative project (if a reporter is a corporation, referring to the articles of incorporation and the statement of financial position for the immediately preceding fiscal year); |
| 2. | Sales contract or lease contract (limited to cases where any sale or lease is made in order to carry out a cooperative project); |
| 3. | Plans for cooperative projects [limited to cases where the specific industry of the cooperative project is the manufacturing industry under the standard classification on the industries publicly notified by the Commissioner of the Korea National Statistics Office pursuant to Article 22 (2) of the Statistics Act (hereinafter referred to as "Korea Standard Industrial Classification")]; |
| 4. | Other necessary documents recognized by the Minister of Unification. |
| (3) | A person who intends to report on changes in cooperative projects pursuant to the latter part of Article 17-2 (1) of the Act shall file with the Minister of Unification a report on change in cooperative project, accompanying documents under the following subparagraphs: |
| 1. | Statement specifying the reasons for changes in cooperative projects; |
| 2. | Documents evidencing the changes; |
| 3. | Plans to promote cooperative projects to be changed (limited to cases where the industry of the cooperative project to be changed is the manufacturing industry under the Korea Standard Industrial Classification); |
| 4. | Other necessary documents recognized by the Minister of Unification. |
| (4) | When the Minister of Unification accepts the report on cooperative projects, he/she may add the following conditions in accordance with Article 17-2 (2) of the Act: |
| 1. | Restriction on or changes in the purpose, contents, scope, period and location of the cooperative project; |
| 3. | Other matters recognized by the Minister of Unification as necessary to facilitate the inter-Korean exchange and cooperation and to maintain order. |
| (5) | In addition to matters prescribed under paragraphs (1) through (4), necessary matters on the procedures, methods, etc. of the report or report on change of the cooperative project shall be prescribed by the Minister of Unification. |
| Article 30 (Procedures for Issuing Orders for Adjustment to Cooperative Projects) |
| (2) | The head of a relevant administrative agency may, if deemed necessary to issue an order for adjustment, with respect to cooperative projects, against a person carrying out a cooperative project, request the Minister of Unification to issue an order for adjustment under Article 18 (1) of the Act. |
| (3) | The Minister of Unification may, when he/she issues an order for adjustment pursuant to Article 18 (1) of the Act, hear opinions from relevant experts or interested parties. |
| (4) | "Details of the execution of the cooperative project prescribed by Presidential Decree" in Article 18 (3) of the Act means matters under the following subparagraphs: |
| 1. | Matters on the conclusion or termination of the agreement or contract of the projects with the North Korean counterpart; |
| 2. | Matters on the commencement and completion of the cooperative project; |
| 3. | Process of the cooperative project; |
| 4. | Matters on the dispute or accident occurred during the cooperative project; |
| 5. | Other necessary matters recognized by the Minister of Unification. |
| (5) | If the Minister of Unification receives the report on cooperative projects pursuant to Article 18 (3) of the Act and it is deemed that details of the report are important, he/she shall notify the details to a relevant administrative agency. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 31 (Designation as Institution in Charge of Settlement) |
Any person entitled to be designated as an institution in charge of settlement pursuant to Article 19 (1) of the Act shall be those falling under any of the following subparagraphs: | 2. | The Export-Import Bank of Korea; |
| Article 32 (Scope, Method and Procedure of Settlement) |
| (2) | The Minister of Unification may, if deemed necessary for inter-Korean exchange and cooperation, prescribe special cases concerning the scope, method, and procedures of settlement under paragraph (1), subject to prior consultation with the head of a relevant administrative agency. |
| Article 33 (Application for Approval of Operation of Transportation Equipment) |
| (1) | Any person who intends to obtain approval for the operation of transportation equipment pursuant to Article 20 (1) of the Act shall file with the Minister of Unification an application for approval of the operation of transportation equipment seven days before the operation, accompanying the documents under the following subparagraphs: Provided, That the Minister of Unification may have some of the documents under the following subparagraphs omitted, taking into account the kinds, etc. of the transportation equipment: |
| 1. | Plans to operate transportation equipment; |
| 2. | Copies of certificates of license, permission or registration, issued in accordance with the relevant Acts and subordinate statutes with respect to the transportation equipment; |
| 3. | List of crew members of the transportation equipment; |
| 4. | Certification proving that the transportation equipment is available to operate, issued by the North Korean authority or any North Korean agency with a competent authority; |
| 6. | Mandatory insurance policy issued pursuant to Article 9 of the Compulsory Motor Vehicle Liability Security Act; |
| 7. | Other necessary documents recognized by the Minister of Unification. |
| (2) | Where a person intending to obtain approval for the operation of transportation equipment applies for approval of the operation of transportation equipment pursuant to paragraph (1), the Minister of Unification shall verify a certificate of a ship's nationality (referring to the certificate of a ship's nationality under Article 8 of the Ship Act, but limited to cases where the transportation equipment is a ship) by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant does not consent to the verification, the Minister of Unification shall require the applicant to submit the certificate. <Amended on May 4, 2010> |
| (3) | Where a person intending to obtain approval for the operation of transportation equipment applies for approval of the operation of transportation equipment pursuant to paragraph (1), the Minister of Unification shall verify an automobile registration certificate (referring to the automobile registration certificate under Article 8 of the Motor Vehicle Management Act, but limited to cases where the transportation equipment is a motor vehicle) by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant does not consent the verification, the Minister of Unification shall require the applicant to submit the certificate. <Amended on May 4, 2010> |
| (4) | A person who has obtained approval for the operation of transportation equipment pursuant to Article 20 (1) of the Act shall, when he/she intends to obtain approval for change in the operation of transportation equipment, file with the Minister of Unification an application for approval of change in the operation of transportation equipment, accompanying the documents under the following subparagraph: |
| 1. | Statement specifying the reasons for applying for approval of change in the operation of transportation equipment; |
| 2. | Documents evidencing the changes; |
| 3. | Other necessary documents recognized by the Minister of Unification. |
| (5) | The Minister of Unification may, when he/she approves the operation of transportation equipment in accordance with Article 20 (2) of the Act, add conditions falling under each of the following subparagraphs: |
| 1. | Restriction or modification of the purpose, period, route, frequency, etc., of the operation; |
| 2. | Submission of the report on the results of the operation of transportation equipment; |
| 3. | Others recognized by the Minister of Unification as necessary to facilitate inter-Korean exchange and cooperation and to maintain order. |
| (6) | The Minister of Unification may set a period of validity for the operation of transportation equipment in accordance with the classification under the following subparagraphs pursuant to Article 20 (2) of the Act. In such cases, the criteria of regularity classified under subparagraphs 1 and 2 shall be prescribed and publicly notified by the Minister of Unification: |
| 1. | Where the transportation equipment is operated on a regular basis: Five years or less; |
| 2. | Where the transportation equipment is operated on an irregular basis: Two years or less. |
| (7) | The Minister of Unification shall, if it is deemed that the contents applied pursuant to paragraphs (1) and (2) are important, consult with the head of a relevant administrative agency before granting approval. |
| (8) | The Minister of Unification may prescribe and publicly notify necessary matters on the procedures for the application for approval or approval of change of the operation of transportation equipment, in addition to matters prescribed in the provisions of paragraphs (1) through (7). |
| Article 34 (Application by Agent) |
If an agent files an application or report under Article 12 (1) and (2), 13, 14 (1), 15, 16 (1) and (3), 17, 25 (1) and (3), 27 (1) and (3), 29 (2) and (3), and 33 (1) and (4), the agent shall submit the letter of delegation of the applicant or reporter and other documents and data equivalent thereto.
| Article 35 (Furnishing of Communications Services) |
| (2) | Types of postal and communications services provided between South and North Korea pursuant to Article 22 (1) of the Act shall be as follows: <Amended on Oct. 1, 2010; Oct. 15, 2014> |
| Article 36 (Communications Service Rate) |
Rates rate for postal and communications services provided between South and North Korea pursuant to Article 22 (1) of the Act shall comply with the agreement between the Government and the North Korean authority.
| Article 37 (Procedures for Handling Communications Services) |
| Article 38 (Entrustment of Business) |
| (1) | The Minister of Unification shall, when entrusting the business agreed between the Government and the North Korean authority pursuant to Article 25-2 (1) of the Act, consult with the head of an a relevant administrative agency in advance if the business is deemed important. |
| (2) | The Minister of Unification may entrust the business under the following subparagraphs to a person who receives support under Article 24 of the Act or any other relevant corporation or organization pursuant to Article 25-2 (1) of the Act: <Amended on Nov. 11, 2010> |
| 1. | Receipt of the application for approval for visit and issuance of a certificate of visit under Article 9 of the Act; |
| 3. | Receipt of the application for approval or approval of change for taking out or bringing in, and confirmation on the fact of taking out or bringing in under Article 13 of the Act; |
| 3-2. | Preliminary demand survey, collection and analysis of statistical data, and additional business subsequent thereto, necessary for the approval for bringing in goods, etc. whose amount of bringing in is restricted under subparagraph 2 of Article 14 of the Act; |
| 4. | Receipt of the application for approval or approval of change for the operation of transportation equipment under Article 20 of the Act or Article 33 (4) of this Decree; |
| 5. | Analysis of statistical data of goods, etc. transported between South Korea and North Korea, among analysis and management business under Article 39; |
| 6. | Taking out or bringing in goods, etc. concomitant with the conduct of business agreed between the Government and the North Korean authority. |
| (3) | The Minister of Unification shall, when entrusting the business pursuant to paragraph 2, publicly notify the matters with respect to the name of consignment agencies and the scope of entrusted business, etc. in an official gazette and website, etc. <Newly Inserted on Nov. 11, 2010> |
| Article 39 (Electronic System for Inter-Korean Exchange and Cooperation) |
The Minister of Unification shall analyze and manage relevant data, etc. collected pursuant to Article 25 (1) of the Act in a comprehensive manner in order to develop and operate the electronic management system under Article 25-3 (1).
| Article 40 (Direction and Supervision) |
| (1) | When conducting inspections pursuant to Article 25-4 (1) of the Act, the Minister of Unification may direct a person subject to an inspection to appear or make statements or require him/her to submit or report on relevant documents and data. |
| (2) | Subject to Article 25-4 (1) of the Act, the Minister of Unification may direct a relevant public official to inspect the status of operation of the relevant facilities, offices, or places to carry out a cooperative project or examine books or any other data. |
| (3) | The relevant public officer performing his/her duties under paragraph (2) shall carry a certificate indicating his/her authority and present it to related persons. |
| (4) | When conducting inspections pursuant to paragraphs (1) and (2), the Minister of Unification shall notify each person subject to inspections of plan containing the date, purpose and contents of the inspection in writing until seven days before the inspection: Provided, That the same shall not apply to cases where an emergency or unavoidable reason exists. |
| (5) | When conducting inspections pursuant to paragraph (2), the Minister of Unification may retain documents and articles in custody within the minimum scope. |
| (6) | Where documents and articles are retained in custody pursuant to paragraph (5), two copies of report on custody shall be prepared, with the signature and seal of the Minister and the person subject to an inspection, and one of the reports shall be distributed to the person subject to an inspection. |
| Article 41 (Application Mutatis Mutandis of other Acts) |
| (2) | Necessary matters to verify goods, etc., originating from North Korea, under the proviso to Article 26 (2) of the Act shall be prescribed by the Minister of Unification, subject to consultation with the head of a relevant administrative agency. |
| 1. | The Customs Act: Provided, That the provisions on the imposition, collection, reduction, exemption or return of customs on goods, etc. taken out and brought in shall not apply mutatis mutandis: |
| (5) | When the Customs Act applies mutatis mutandis, any ship or aircraft traveling between South Korea and North Korea shall be deemed "foreign trade vessel" or "foreign trade aircraft" under Article 2 of the Customs Act: Provided, That the same shall not apply to cases where foreign articles are loaded for the purposes of sales on the ship or aircraft. |
| Article 42 (Imposition of Value-Added Tax on Goods Brought in and Taken out between South and North Korea) |
| (1) | The goods, etc. brought in from North Korea shall be deemed the sup- ply of goods or services under the Value-Added Tax Act and the same Act shall apply mutatis mutandis. In such cases, with respect to goods, etc. (excluding services), the head of a custom office shall impose value-added taxes in accordance with the examples of the collection of customs and, with respect to services, Article 52 of the Value-Added Tax Act shall apply mutatis mutandis. <Amended on Jun. 28, 2013> |
| (4) | Services provided to North Korea and services for a ship or aircraft travelling to North Korean shall be deemed services provided to a foreign country or services for a ship or aircraft traveling to a foreign country and the Local Tax Act and the Value-Added Tax Act shall apply mutatis mutandis: Provided, That the same shall not apply to services provided to the ship or aircraft in return for extra considerations, other than operation fees. |
| Article 43 (Special Provisions no Taxation on Personal Effects) |
| (1) | Notwithstanding Article 41 (2) and 42, customs duty, value-added tax, individual consumption tax, liquor tax, and traffic, energy, and environment tax shall not be imposed to goods, etc. prescribed and publicly notified by the head of a relevant administrative agency as personal effects or goods sent by separate post, of a person coming into South Korea from North Korea via an entry and exit point. |
| (2) | The provisions of the Value-Added Tax Act and the Individual Consumption Tax Act on the reduction and exemption shall apply mutatis mutandis to persons visiting South Korea from North Korea, only in cases where such persons are a foreign tourist. |
| Article 44 (Imposition of Income Taxes on Income Accruing from Inter- Korean Exchange and Cooperation) |
| (1) | With respect to imposition, collection, exemption, reduction and refund of taxes on any income accruing from investment between South Korea and North Korea, taking out or bringing in goods, etc., and any other cooperative projects in economic area and the transactions subsequent thereto, Article 26 (3) 6 through 8 of the Act shall apply. In such cases, taking out goods, etc. to North Korea shall be deemed exports or business to earn foreign exchange and bringing in goods, etc. from North Korea shall not be deemed imports. |
| (2) | In applying mutatis mutandis the Income Tax Act pursuant to paragraph (1), if North Korea recognizes special cases concerning imposition of income taxes on any income that a South Korean resident earns in North Korea, the same special cases may be recognized for any income that a North Korean resident earns in South Korea. |
| (3) | With respect to income accruing from inter-Korean exchange and cooperation, all or part of the Income Tax Act under paragraph (1) shall not apply mutatis mutandis if there exists any agreement between the Government and the North Korean authority. |
| Article 44-2 (Handling of Personally Identifiable Information) |
| 1. | Affairs concerning the approval for visits of South Koreans to North Korea or those of North Koreans to South Korea prescribed in Article 9 of the Act; |
| 2. | Affairs concerning the report on contact between residents of South and North Korea prescribed in Article 9-2 of the Act; |
| 6. | Affairs concerning the approval for the operation of transportation equipment prescribed in Article 20 of the Act. |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 44-3 (Re-examination of Regulations) |
The Minister of Unification shall examine the appropriateness of approval of taking out or bringing in under Article 25 every two years, counting from the base date of January 1, 2019 (referring to the period that ends on the day before January 1st of every second year) and shall take necessary measures, such as making improvements. [This Article Wholly Amended on Dec. 24, 2018]
| Article 45 (Standard for Imposing Administrative Fine) |
ADDENDA <Presidential Decree No. 21648, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31,2009.
Article 2 (Transitional Measures Concerning Application for Approval of Visit)
Any person who has applied for issuance of a certificate of visit or has reported visit prior to this Decree enters into force shall be deemed to have applied for approval of visit in accordance with the amended provisions of Article 12 (1). Article 3 (Transitional Measures on Reissuance of Certificate of Visit)
Any person who has applied for reissuance of a certificate of visit prior to this Decree enters into force shall be deemed to have applied for reissu- ance of a certificate of visit in accordance with the amended provisions of Article 15. Article 4 (Transitional Measures on Application for Approval or Approval of Change for Taking out or Bringing in)
Any person who has applied for approval or approval of change for taking out or bringing in goods prior to this Decree enters into force shall be deemed to have applied for approval or approval of change in accordance with the amended provisions of Article 25 (1) and (3). Article 5 (Transitional Measures on Application for Approval or Approval of Change for Cooperative Projects)
Any person who has applied for approval or approval of change for any cooperative project prior to this Decree enters into force shall be deemed to have applied for approval or approval of change in accordance with the amended provisions of Article 27 (1) and (3). Article 6 (Transitional Measures on Cooperative Projects Approved)
Where the cooperative project approved before this Decree enters into force is the cooperative project under the amended provisions of Article 29 (1), the report on cooperative project shall be deemed to have been accepted. Article 7 (Transitional Measures on Application for Approval of Operation of Transportation Equipment)
Any person who has applied for approval of the operation of transporta- tion equipment before this Decree enters into force shall be deemed to have applied for approval in accordance with the amended provisions of Article 33 (1). Article 8 Omitted.
Article 9 (Relationships with other Acts)
Where other Acts cite the provisions of the former Inter-Korean Exchange and Cooperation Act at the time this Decree enters into force, the corresponding provisions of this Decree shall be deemed to be cited in lieu of the former provisions, if any corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 21745, Sep. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 26, 2009.
Articles 2 through 3 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.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 22481, Nov. 11, 2010>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 22845, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
| (1) | Where the standard to impose administrative fines is applied to any offense committed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of the attached Table. |
| (2) | The impositions of an administrative fine due to a violation committed before this Decree enters into force shall not be taken into account in calculating the number of violations under the amended provisions of attached Table. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1,2013. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1,2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25653, Oct. 15, 2014>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 26473, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4,2015.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1,2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Act No. 29950, Jul. 2, 2019>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)