ENFORCEMENT DECREE OF THE LICENSED CUSTOMS BROKER ACT
Presidential Decree No. 14991, May 4, 1996
Amended by Presidential Decree No. 15561, Dec. 31, 1997
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 17179, Mar. 31, 2001
Presidential Decree No. 17835, Dec. 30, 2002
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20350, Oct. 31, 2007
Presidential Decree No. 20516, Dec. 31, 2007
Presidential Decree No. 20720, Feb. 29, 2008
Presidential Decree No. 20928, Jul. 24, 2008
Presidential Decree No. 22830, Apr. 4, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23605, Feb. 2, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25210, Feb. 21, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27539, Oct. 7, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27846, Feb. 7, 2017
Presidential Decree No. 28689, Mar. 6, 2018
Presidential Decree No. 29543, Feb. 12, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30813, Jul. 1, 2020
Presidential Decree No. 31785, jun. 22, 2021
The purpose of this Decree is to prescribe matters delegated by the Licensed Customs Broker Act and those necessary for the enforcement thereof. <Amended on Oct. 31, 2007>
| Article 2 Deleted. <Mar. 31, 2001> |
| Article 3 Deleted. <Mar. 31, 2001> |
| Article 3-2 Deleted. <Mar. 31, 2001> |
| Article 4 (Examination Conducting Authority) |
The examination for licensed customs brokers (hereinafter referred to as "examination") referred to in Article 6 (1) of the Licensed Customs Broker Act (hereinafter referred to as the "Act") shall be conducted by the Commissioner of the Korea Customs Service. <Amended on Oct. 31, 2007>
| Article 5 (Subjects and Methods of Examination) |
| (1) | The subjects of the examination shall be as specified in attached Table 1. |
| (2) | The first-stage examination shall be conducted in the form of a written multiple-choice examination, and the second-stage examination shall be conducted in the form of a written essay examination. |
| Article 5-2 (Partial Exemption from Examination) |
| (1) | "Field prescribed by Presidential Decree" used in subparagraph 1, or any item of subparagraph 2, of Article 6-2 (1) of the Act means the field of customs administration specified in attached Table 1-2. |
| (2) | In applying the provisions of Article 6-2 (1) of the Act, the base date for career calculation shall be the closing date for receipt of applications for the relevant examination. |
| (3) | The subjects exempted from the second-stage examination under Article 6-2 (1) 2 of the Act shall be as follows: <Amended on Oct. 31, 2007> |
| 2. | Tariff Schedules and Study of Merchandise. |
[This Article Newly Inserted on Mar. 31, 2001]
| Article 5-3 (Organization of Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action) |
| (1) | The Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action established under Article 6-4 (1) of the Act (hereinafter referred to as the "Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action") shall be composed of 10 members, including one Chairperson. |
| (2) | The Deputy Commissioner of the Korea Customs Service shall take the chair at all meetings of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action (hereinafter referred to as the “Chairperson”), and the following persons shall become committee members: <Amended on Jul. 1, 2020> |
| 1. | One person nominated by the Minister of Economy and Finance from among Grade III public officials of the Ministry of Economy and Finance in charge of customs affairs or members in general service of the Senior Executive Service; |
| 2. | Three persons nominated by the Commissioner of the Korea Customs Service from among Grade III public officials of the Korea Customs Service or members in general service of the Senior Executive Service; |
| 3. | One or two person(s) commissioned by the Commissioner of the Korea Customs Service from among persons who have much knowledge and experience in customs systems as a customs expert; |
| 4. | Two or three persons commissioned by the Commissioner of the Korea Customs Service from among licensed customs brokers recommended by the President of the Korea Customs Brokers Association established under Article 21 of the Act (hereinafter referred to as "Korea Customs Brokers Association"); |
| (3) | The term of office of each member specified in paragraph (2) 3 through 5 shall be two years. |
| (4) | If a member specified in paragraph (2) 1 falls within any of the following cases, the Minister of Economy and Finance may withdraw the nomination of such member: |
| 1. | Where he or she becomes incapable of performing his or her duties due to a mental or physical disorder; |
| 2. | Where he or she engages in misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable to serve as a member due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he or she does not refrain from the deliberation or resolution process despite falling under any subparagraph of Article 5-5 (1); |
| 5. | Where he or she expresses himself or herself that he or she cannot continue to perform his or her duties. |
| (5) | If a member specified in paragraph (2) 2 through 5 falls within any subparagraph of paragraph (4), the Commissioner of the Korea Customs Service may withdraw the appointment of the relevant member or dismiss him or her. |
[This Article Wholly Amended on Oct. 7, 2016]
| Article 5-4 (Operation of Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action) |
| (1) | The Chairperson shall represent the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action and exercise general supervision over its affairs. |
| (2) | The Chairperson shall convene and preside over meetings of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action. |
| (3) | If the Chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the Chairperson shall act on behalf of the Chairperson |
| (4) | Either of the following shall constitute a quorum of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action, and any resolution of the Committee shall require the concurring vote of at least a majority of those present: |
| (5) | Matters necessary for operating the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action, other than those provided for in paragraphs (1) through (4), shall be determined by the Commissioner of the Korea Customs Service. |
[This Article Wholly Amended on Oct. 7, 2016]
| Article 5-5 (Exclusion of, Challenge to, or Recusal of, Member of Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action) |
| (1) | If any member of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action falls within any of the following cases, he or she shall be excluded from the deliberation and resolution on the relevant agenda: <Amended on Oct. 7, 2016> |
| 1. | Where the member himself or herself is a licensed customs broker subject to resolution on disciplinary action; |
| 2. | Where the member is or was a relative with a licensed customs broker subject to resolution on disciplinary action; |
| 3. | Where a licensed customs broker subject to resolution on disciplinary action works for a corporation or an office, to which any member of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action belongs. |
| (2) | If there is a special reason to believe that a licensed customs broker subject to resolution on disciplinary action can hardly expect impartial deliberations and resolutions from the Chairperson of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action or any member thereof, he or she may file an application for challenge to the Chairperson or such member. In this case, the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action shall determine on the relevant application by resolution, and the person against whom a decision on challenge is rendered shall not take part in the relevant deliberation or resolution process. <Amended on Oct. 7, 2016> |
| (3) | If any committee member falls within paragraph (1), he or she shall refrain from the deliberation or resolution process on the relevant agenda on his or her own, and may refrain therefrom if a request for challenge to him or her is filed under paragraph (2). <Amended on Oct. 7, 2016> |
[This Article Newly Inserted on Apr. 4, 2011]
[Title Amended on Oct. 7, 2016]
[Moved from Article 34-2 <Oct. 7, 2016>]
| Article 6 (In-Service Training) |
| (1) | The period of in-service training under Article 7 (2) of the Act (hereinafter referred to as "in-service training") shall be six months. <Amended on Dec. 30, 2002> |
| (2) | The details and methods of, and procedures for, in-service training and other necessary matters shall be determined by the Commissioner of the Korea Customs Service. |
| Article 7 Deleted. <Dec. 30, 2002> |
| Article 8 Deleted. <Dec. 30, 2002> |
| Article 9 Deleted. <Oct. 7, 2016> |
| Article 10 (Conduct and Public Announcement of Examination) |
| (1) | The examination shall be conducted at least once annually. |
| (2) | The Commissioner of the Korea Customs Service shall publicly announce the date and time, venue and method of the examination and other necessary matters at least 90 days before the examination is conducted. <Amended on May 1, 2012> |
| (3) | The Commissioner of the Korea Customs Service may determine and publicly announce the minimum number of persons passing the second-stage examination after deliberation by the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action, taking into account the required number, etc. of licensed customs brokers. <Newly Inserted on Dec. 30, 2002; Oct. 7, 2016> |
| Article 11 (Procedures for Application for Examinations) |
| (1) | A person who intends to take an examination shall submit an application accompanied by documents necessary therefor in accordance with notifications under Article 10 (2) to the Commissioner of the Korea Customs Service. |
| (2) | When any applicant submits an application under paragraph (1), he or she shall pay fees, the amounts of which are prescribed by Ordinance of the Ministry of Economy and Finance, in methods prescribed by Ordinance of the Ministry of Economy and Finance. <Amended on Jul. 24, 2008> |
| (3) | When any applicant, who has paid fees under paragraph (2), falls under any of the following cases, the Commissioner of the Korea Customs Service shall return the relevant amounts to him or her: <Amended on Apr. 4, 2011; Feb. 2, 2012> |
| 1. | Where he or she has overpaid or erroneously paid fees: All amounts of fees overpaid or erroneously paid; |
| 2. | Where he or she fails to take an examination due to reasons attributable to an institution administering an examination: All amounts of fees paid; |
| 3. | Where he or she revokes an application during the application period: All amounts of fees paid; |
| 4. | Where he or she revokes an application by 20 days before the first-stage examination is conducted from the day following the deadline for application: Amounts corresponding to 60/100 of fees paid; |
| 5. | Where he or she revokes an application by 10 days before the first-stage examination is conducted from 19 days before the first-stage examination is conducted: Amounts corresponding to 50/100 of fees paid. |
| Article 12 Deleted. <Oct. 7, 2016> |
| Article 13 (Selection of Successful Candidates) |
| (1) | A score of at least 40 points in each subject graded on a scale of 100 points, with an overall average of at least 60 points, shall be required to pass the first-stage examination. |
| (2) | A score of at least 40 points in each subject graded on a scale of 100 points, with an overall average of at least 60 points, shall be required to pass the second-stage examination: Provided, That when the number of persons obtaining a score of at least 40 points in each subject with an overall average of at least 60 points is less than the minimum number of persons passing the second-stage examination under Article 10 (3), successful candidates shall be selected in order of high score based on the average score for all subjects from among those who obtain a score of at least 40 points in each subject within the scope of such minimum number. |
| (3) | In cases of excess of the minimum number of persons passing the second-stage examination due to persons obtaining the same score in selecting successful candidates under the proviso of paragraph (2), all the persons obtaining the same score shall be selected as successful candidates. In such cases, their scores shall be calculated down to the second decimal place. |
[This Article Wholly Amended on Dec. 30, 2002]
| Article 14 Deleted. <Dec. 30, 2002> |
| Article 15 (Public Announcement of List of Successful Candidates and Issue of Licenses) |
If successful candidates are selected, the Commissioner of the Korea Customs Service shall make a public announcement of a list thereof without delay and issue customs broker licenses to them.
| Article 16 (Registration of Licensed Customs Brokers and Renewal of Such Registration) |
| (1) | Any person who intends to be registered as a licensed customs broker under Article 7 (1) of the Act shall submit to the Commissioner of the Korea Customs Service an application for registration specifying the following matters, as prescribed by Ordinance of the Ministry of Economy and Finance: <Amended on Jul. 1, 2020> |
| 1. | The name and the date of birth; |
| 3. | Name and location of the office; |
| 5. | Year of acquiring the license; |
| 6. | Whether the applicant has retired after serving as a customs officer under the Customs Act (hereinafter referred to as "licensed customs broker who has resigned from public office"). |
| (2) | The renewal period referred to in Article 7 (3) of the Act shall be five years, and any person who intends to renew registration shall submit to the Commissioner of the Korea Customs Service an application for registration renewal stating the matters referred to in paragraph (1) and the registration number, as prescribed by Ordinance of the Ministry of Economy and Finance, by one month before the date on which the effective period for registration expires. <Amended on Feb. 2, 2012; Feb. 7, 2017; Jul. 1, 2020> |
| (3) | Where any person is registered as a licensed customs broker pursuant to paragraph (1), the Commissioner of the Korea Customs Service shall, in advance, notify him or her of the fact that, in order to renew his or her registration, he or she shall file an application for registration renewal by one month before the date the effective period for such registration ends and of the procedure for such renewal by two months before the date the period of registration ends, by means of mobile text messaging, electronic mail, fax or phone, documents, etc. <Newly Inserted on Feb. 2, 2012> |
| (4) | If any registered matter is modified, the licensed customs broker shall, without delay, report such to the Commissioner of the Korea Customs Service. <Amended on Feb. 2, 2012> |
| (5) | Matters necessary for the registration or the renewal of registration of a licensed customs broker, other than those provided for in paragraphs (1) through (4), shall be determined and publicly notified by the Commissioner of the Korea Customs Service. <Newly Inserted on Feb. 7, 2017> |
| Article 17 (Reporting on Commencement of Services) |
| (1) | A report on commencement of services under Article 10 (1) of the Act shall be made to the Korea Customs Brokers Association, which shall report thereon to the head of the customs office having jurisdiction over the location of the licensed customs broker's office (in the case of a licensed customs broker belonging to a customs service corporation or joint office, referring to its head office or branch office in which he or she works full-time; and in the case of a licensed customs broker belonging to a corporation or general logistics company registered under Article 19 (1) of the Act (hereinafter referred to as "customs clearance handling corporation, etc."), referring to an office providing customs clearance services; hereafter the same shall apply in this Article). <Amended on Oct. 31, 2007; Jul. 24, 2008; Oct. 7, 2016; Mar. 6, 2018> |
| (2) | If any matter on the report on commencement of services under paragraph (1) is modified, the licensed customs broker shall, without delay, report such to the head of the customs office having jurisdiction over the location of the licensed customs broker's office, via the Korea Customs Brokers Association. <Newly Inserted on Oct. 7, 2016> |
| Article 18 Deleted. <Oct. 31, 2007> |
| Article 19 (Establishment of Joint Office) |
| (1) | If two or more licensed customs brokers intend to establish a joint office under Article 9 (3) of the Act, they shall register it with such Commissioner, as determined by the Commissioner of the Korea Customs Service. |
| (2) | Deleted. <Oct. 31, 2007> |
| Article 20 Deleted. <Oct. 7, 2016> |
| Article 21 (Hours of Training and Education) |
| (1) | "Hours prescribed by Presidential Decree" in the main clause of Article 13-3 of the Act means at least eight hours, including two hours of the subject of professional ethics, every year. In such cases, matters for the method of calculating hours of the training and education completed and for the cycles of the training and education to be completed, shall be prescribed by the Korea Customs Brokers Association. |
| (2) | "Cases prescribed by Presidential Decree" in the proviso of Article 13-3 means the following: |
| 1. | Where good cause exists not to take the training and education, due to temporary service suspension including others; |
| 2. | Where a licensed customs broker is unable to perform his or her duties, due to illness, injury, childbirth, military service, or an extended stay abroad, etc.; |
| 3. | Where the Korea Customs Brokers Association prescribes that it is inappropriate for a licensed customs broker to take the training and education, due to old age. |
[This Article Newly Inserted on Feb. 12, 2019]
| Article 21-2 (Reporting on Service Performance) |
| (1) | A licensed customs broker (including certified customs brokers belonging to corporations and organizations; the same shall apply hereafter in this Article) shall prepare and submit to the Korea Customs Brokers Association the records of service performance prescribed by Ordinance of the Ministry of Economy and Finance, stating the amount of money earned, the number of cases earned, and whether the applicant is a licensed customs broker who has resigned from public office under Article 13-4 (1) of the Act, and the matters referred to in the subparagraphs of paragraph (2). |
| 2. | Name and location of the office; |
| 4. | The year covered by the reporting on service performance. |
[This Article Newly Inserted on Jul. 1, 2020]
| Article 21-3 (Scope of State Agencies Subject to Restriction on Acceptance of Cases) |
| (1) | The State agencies subject to the restriction on acceptance of cases by licensed customs brokers who retired from public office pursuant to Article 13-6 (1) of the Act shall be all of the State agencies in which the relevant licensed customs brokers worked as State public officials under the State Public Officials Act from one year before their retirement until retirement. |
| 2. | Respective administrative agencies where a central administrative agency referred to in subparagraph 1 has an affiliated administrative agency (including a customs business center under the jurisdiction of the head of a customs office, in the case of the Korea Customs Service): |
| 3. | The Supreme Court, high courts, the patent court, district courts, the family court, the administrative court, the bankruptcy court, branch courts of district courts and of the family court and branch courts of the family division, and Si/Gun courts under Article 3 of the Court Organization Act, and divisions of high courts handling affairs at the seats of district courts located within the relevant jurisdictions pursuant to Article 27 (4) of the Court Organization Act: Provided, That where two branch courts of a district court and of the family court are merged into a single branch court pursuant to the proviso of Article 3 (2) of the Court Organization Act, the branch court of such district court and family court shall be deemed the same State agency for purposes of applying Article 13-6 (1) of the Act; |
| 4. | The Supreme Prosecutors' Office, high prosecutors' offices, district prosecutors' offices, branch offices of district prosecutors' offices pursuant to Article 3 of the Prosecutors' Office Act, and the branches of high prosecutors' offices handling affairs at the seats of the district prosecutors' offices located within the relevant jurisdictions pursuant to Article 19 (2) of the same Act; |
| 7. | The National Police Agency, Metropolitan Police Agency and Police Station under Articles 12 and 13 of the Act on the Organization and Management of National Police and Autonomous Police. |
| (3) | For the purposes of Article 13-6 (1) of the Act, none of the following institutions shall be deemed a State agency subject to restriction on the acceptance of cases, etc.: |
| 1. | A State agency where the relevant licensed customs broker has not actually worked due to secondment, vicarious performance of duties, educational training, leave of absence, maternity leave, disciplinary action, etc.; |
| 2. | A State agency where the relevant licensed customs broker has not actually worked where he or she was affiliated with two or more institutions by being assigned a concurrent position or the like. |
| (4) | For the purposes of Article 13-6 (1) of the Act, a State agency where the relevant licensed customs broker worked for a month or less due to reasons such as dispatch, acting on behalf of another person, or an assignment of a concurrent post, shall not be deemed a State agency subject to restriction on the acceptance of cases, etc. |
[This Article Newly Inserted on Jun. 22, 2021]
[Enforcement Date: Jan. 6, 2022] Article 21-3
| Article 21-4 (Scope of Customs Clearance Services Subject to Restrictions on Acceptance of Cases) |
| 2. | Affairs referred to in subparagraphs 1, 3, 6, and 10 of Article 2 of the Act, which are inevitably related to affairs handled by a State agency under Article 21-3 for reasons such as change of the customs office of the port of entry due to an act of God, war, fire or other causes. |
[This Article Newly Inserted on Jun. 22, 2021]
[Enforcement Date: Jan. 6, 2022] Article 21-4
| Article 22 (Guarantee of Liability for Damage) |
| (1) | Any licensed customs broker or customs clearance handling corporation, etc. reporting on commencement of services under Article 17 (1) of this Decree shall, within 15 days after filing the report, provide any of the following security, the value of which is at least 10 million won per licensed customs broker in accordance with Article 16 of the Act: <Amended on Mar. 31, 2001; Oct. 31, 2007; Oct. 7, 2016> |
| 2. | Participating in mutual aid services managed by the Korea Customs Brokers Association; |
| 3. | Depositing cash or government and public bonds in a depository having jurisdiction over the location of an office of such licensed customs broker or customs clearance handling corporation, etc.; |
| 4. | Any other guarantee determined by the Commissioner of the Korea Customs Service. |
| (2) | Other matters necessary for guaranteeing liability for damage shall be determined by the Commissioner of the Korea Customs Service. |
| Article 23 (Establishment of Dispute and Complaint Conciliation Commission) |
| (1) | Customs Clearance Service Dispute and Complaint Conciliation Commission (hereinafter referred to as the "Conciliation Commission") shall be established in the Korea Customs Brokers Association to mediate disputes related to customs clearance services as well as to resolve complaints. |
| (2) | At the request of one or both of the parties, the Conciliation Commission shall review, reconcile and deal with disputes and complaints between a licensed customs broker, customs service corporation or customs clearance handling corporation, etc. and a client as well as between a licensed customs broker, etc. and any third person. <Amended on Oct. 31, 2007> |
| (3) | The composition and operation of the Conciliation Commission and other necessary matters shall be determined by the Commissioner of the Korea Customs Service. |
| Article 24 (Application for Registration of Customs Service Corporation) |
| (1) | Any person who intends to register a customs service corporation pursuant to Article 17-2 (1) of the Act shall submit to the Commissioner of the Korea Customs Service an application prescribed by Ordinance of the Ministry of Economy and Finance, accompanied by the following documents: <Amended on Feb. 29, 2008> |
| 1. | A copy of the articles of incorporation; |
| 2. | Copies of registration certificates of licensed customs brokers belonging to the customs service corporation; |
| 3. | Documents supporting the payment of capital; |
| 4. | Documents stating the expected places of establishment of the main office and branches (limited to the establishment of branches); |
| 5. | Deleted. <Apr. 4, 2011> |
| (2) | If registered matters are modified, any customs service corporation shall report such modification to the Commissioner of the Korea Customs Service. |
| (3) | The Commissioner of the Korea Customs Service upon receipt of an application for registration under paragraph (1) of this Article shall make an entry in a customs service corporation register and issue a customs service corporation registration certificate unless the customs service corporation falls under Article 17-2 (3) of the Act. |
[This Article Wholly Amended on Oct. 31, 2007]
| Article 24-2 (Representative Directors of Customs Service Corporation) |
[This Article Newly Inserted on Oct. 31, 2007]
| Article 24-3 (Accumulation of Damage Reserve by Customs Service Corporation) |
| (1) | If any customs service corporation accumulates a damage reserve under Article 17-5 (1) of the Act, it shall accumulate for each year of service an amount equivalent to 2/100 of the total sales in the relevant service year as the damage reserve and shall, in any case in which the amount referred to in subparagraph 1 is less than the amount referred to in subparagraph 2 (including any case in which the damage reserve is not accumulated), take out damage liability insurance in which the damage ceiling is not less than the difference: |
| 1. | Amount which such customs service corporation accumulates as the damage reserve; |
| 2. | Amount determined by multiplying the number of licensed customs brokers belonging to such customs service corporation by 10 million won. |
| (2) | Any customs service corporation shall accumulate a damage reserve referred to in paragraph (1) to such an extent as the damage reserve amounts to 10/100 of the average total sales in the immediately preceding two years of service and the relevant year of service. |
| (3) | Matters necessary for the use of damage reserves and the confirmation of whether or not to take out damage liability insurance shall be determined by the Commissioner of the Korea Customs Service. |
[This Article Newly Inserted on Oct. 31, 2007]
| Article 24-4 (Restrictions on Customs Service Corporation's Investments in Other Corporations) |
The total amount which any customs service corporation invests in other corporations or by which it guarantees the obligations of other persons under Article 17-6 (1) of the Act shall not exceed an amount equivalent to 25/100 (10/100 of equity capital, in cases of the amount of such guarantee) of equity capital defined in Article 17-6 (2) of the Act (hereafter referred to as "equity capital" in this Article): Provided, That in any of the following cases, such investments may be made in other corporations to the extent of any amount referred to therein: | 1. | Where investments are made in services referred to in Article 15 (2) 2 of the Act: The amount equivalent to 50/100 of equity capital; |
| 2. | Where an amount determined by subtracting a damage reserve from equity capital exceeds 200 million won: The amount equivalent to 50/100 of such excess. |
[This Article Newly Inserted on Oct. 31, 2007]
| Article 24-5 (Provisions Applicable Mutatis Mutandis to Customs Service Corporations) |
The provisions of Articles 16 (2) and (3) and 17 shall apply mutatis mutandis to a customs service corporation. In this regard, a "licensed customs broker's office" in Article 17 shall be deemed a "main office of the customs service corporation". <Amended on Feb. 2, 2012; Oct. 7, 2016> [This Article Newly Inserted on Oct. 31, 2007]
| Article 25 (Registration of Customs Clearance Handling Corporations) |
| (1) | "Company as prescribed by Presidential Decree" referred to in Article 19 (1) 3 of the Act means any of the following companies (hereinafter referred to as "general logistics company"): |
| 1. | A general logistics company certified as a single logistics company; |
| 2. | A certified general logistics company which consists of at least two logistics companies and which meets the requirements prescribed by Ordinance of the Ministry of Economy and Finance. |
| (2) | Any corporation or general logistics company which seeks to be registered under Article 19 (1) of the Act shall submit, to the Commissioner of the Korea Customs Service, an application prescribed by Ordinance of the Ministry of Economy and Finance, accompanied by a copy of a registration certificate of transportation, storage or loading services (a copy of a registration certificate of a corporation referred to in Article 19 (1) 1 of the Act which invests in any other corporation referred to in Article 19 (1) 2 of the Act, in the case thereof; and a copy of a location permit, in cases of an enterprise located in a free trade zone designated under the Act on Designation and Management of Free Trade Zones (hereinafter referred to as "free trade zone") or a copy of a general logistics company certificate. <Amended on Oct. 31, 2007; Feb. 29, 2008; Jul. 24, 2008> |
| (3) | "Amount prescribed by Presidential Decree" referred to in Article 19 (2) 1 of the Act means 300 million won, and "requirements for customs clearance services prescribed by Presidential Decree" stipulated in Article 19 (2) 3 of the Act means that a corporation or general logistics company is required to be either of the following: |
| 1. | An enterprise that is registered or conceded to provide transportation, storage or loading services under the Customs Act; |
| 2. | An enterprise that provides goods storage services in a free trade zone. |
| (4) | "Cases prescribed by Presidential Decree" in the proviso of Article 19 (6) of the Act means any of the following cases: <Newly Inserted on Feb. 21, 2014; Oct. 7, 2016; Feb. 7, 2017> |
| 1. | Where a customs clearance handling corporation, etc. has declared the export or return of any goods under Article 241 (1) of the Customs Act, and then the place of shipment of such goods or the vessel or airplane on which such goods are to be loaded is changed; |
| 2. | Where a customs clearance handling corporation, etc. has declared the export or return of any goods under Article 241 (1) of the Customs Act, and then the owner directly transports such goods or consigns them to another carrier; |
| 3. | Where a customs clearance handling corporation, etc. has declared the import of any goods prior to their entry to a port under Article 244 (1) of the Customs Act, and then the place of unloading such goods from the vessel or airplane loaded with such goods is changed; |
| 4. | Where any goods are selected to receive an inspection after being shipped into a bonded area designated by the head of a customs office under Article 247 (2) of the Customs Act; |
| 5. | Where a customs clearance handling corporation, etc. suffers a temporary shortage of facilities or equipment for transporting, storing or unloading goods due to a disaster, etc. |
| (5) | In accordance with Article 19 (7) of the Act, the Commissioner of the Korea Customs Service may, if deemed necessary, require a customs clearance handling corporation, etc. to increase the number of licensed customs brokers belonging thereto, or impose restrictions on customs offices in which such corporation provides customs clearance services, considering the number of such customs offices, the volume of customs clearance services, etc. <Amended on Oct. 31, 2007; Feb. 21, 2014> |
| (6) | Articles 16 (2) through (4) and 17 shall apply mutatis mutandis to customs clearance handling corporations, etc. In this regard, a "licensed customs broker's office" in Article 17 shall be construed as a "head office". <Newly Inserted on Oct. 31, 2007; Feb. 2, 2012; Oct. 7, 2016> |
| (7) | Other matters necessary for customs clearance handling corporations, etc. to provide customs clearance services shall be determined by the Commissioner of the Korea Customs Service. <Amended on Oct. 31, 2007> |
[Title Amended on Oct. 31, 2007]
| Article 26 (Bylaws of Korea Customs Brokers Association) |
The bylaws of the Korea Customs Brokers Association referred to in Article 21 (2) of the Act shall include the following matters: | 2. | Purposes and services; |
| 3. | Location of the head office and matters relating to the establishment of branches; |
| 4. | Matters relating to the qualifications of members; |
| 5. | Matters relating to the rights and obligations of members; |
| 6. | Matters relating to recommendations for disciplinary action against members violating such bylaws; |
| 7. | Matters relating to meetings; |
| 8. | Matters relating to education; |
| 9. | Matters relating to membership fees; |
| 10. | Matters relating to accounting; |
| 11. | Matters relating to guaranteeing liability for damage including mutual aid services referred to in Article 22 (1) 2; |
| 12. | Matters relating to the Conciliation Commission. |
| Article 27 (General Meeting) |
| (1) | If the Korea Customs Brokers Association intends to hold a general meeting, it shall notify the Commissioner of the Korea Customs Service of the date and time, venue and agenda of the general meeting at least seven days prior thereto. |
| (2) | The Korea Customs Brokers Association shall report matters resolved by the general meeting to the Commissioner of the Korea Customs Service within seven days after the general meeting is closed. <Amended on Apr. 4, 2011> |
| (3) | Notwithstanding paragraphs (1) and (2), notification as required under paragraph (1) and report as required under paragraph (2) may be omitted where the Commissioner of the Korea Customs Service approves therefor. <Newly Inserted on Jun. 30, 2016> |
| Article 27-2 (Scope and Method of Disclosure of Information) |
| 3. | Date a licensed customs broker acquired qualification; |
| 4. | Date a licensed customs broker was registered as qualified; |
| 5. | Active service status and service suspension status and service commencement date and/or service suspension date; |
| 6. | Field of expertise and career, and information to verify such field and career; |
| 8. | Other information disclosed by a licensed customs broker, as information related to appointment of the licensed customs broker. |
| (2) | Information prescribed in paragraph (1) shall be disclosed on the website of the Korea Customs Brokers Association. |
| (3) | Matters necessary for procedures to collect and update information prescribed in paragraph (1) and for disclosing information shall be prescribed by the Korea Customs Brokers Association. |
[This Article Newly Inserted on Feb. 12, 2019]
To exercise supervision pursuant to Article 22 of the Act, the Commissioner of the Korea Customs Service may order the Korea Customs Brokers Association every year to report matters on operating such Association, including the state of service of such Association, or to submit accounting books or other documentation. In such cases, necessary matters such as reporting methods and procedures shall be prescribed by the Commissioner of the Korea Customs Service. [This Article Newly Inserted on Feb. 12, 2019]
| Article 28-2 (Disclosure of Revocation of Registration) |
| (1) | When the Commissioner of the Korea Customs Service revokes registration or suspends services pursuant to Articles 18 and 20 of the Act (hereafter referred to as "revocation of registration, etc." in this Article) or takes disciplinary action pursuant to Article 27 (1) of the Act (hereafter referred to as "disciplinary action" in this Article), he or she shall without delay notify the Korea Customs Brokers Association of the following: |
| 1. | The following matters concerning persons subject to the revocation of registration, etc. or disciplinary action: |
| (a) | Name and address of the customs service corporation or customs clearance handling corporation, etc. subject to revocation of registration, etc.; |
| (b) | Name, date of birth, registration number, and the name and address of the office of the licensed customs broker subject to disciplinary action (where the relevant licensed customs broker belongs to a customs service corporation, customs clearance handling corporation, etc., referring to such customs service corporation, customs clearance handling corporation, etc.); |
| 2. | Details and grounds for the revocation of registration, etc. or disciplinary action; |
| 3. | The date on which the revocation of registration, etc. or disciplinary action takes effect. In such cases, where the type of revocation of registration, etc. or disciplinary action is suspension of services, the relevant service suspension period shall be included. |
| (2) | The Commissioner of the Korea Customs Service shall make a public announcement of the details of the notice in the Official Gazette or on the website within two weeks from the date of the notice prescribed in paragraph (1). |
| (3) | The Korea Customs Brokers Association shall, within two weeks from the date on which it receives a notice referred to in paragraph (1) from the Commissioner of the Korea Customs Service pursuant to Article 24-2 (1) of the Act, post the relevant details on its website for the following period: In such cases, the posting period shall be calculated in accordance with Article 6 (2) of the General Act on Public Administration. |
| 1. | The following periods shall apply in the case of revocation of registration, etc.: |
| (a) | Revocation of registration: Three years; |
| (b) | Suspension of whole or some of services for a period of up to one year: The relevant service suspension period (where the relevant service suspension period is less than three months, referring to three months); |
| 2. | The following periods shall apply for purposes of disciplinary action: |
| (a) | Revocation of registration: Three years; |
| (b) | Suspension of services for a period of up to two years or suspension of part of services for a period of up to six months: The relevant service suspension period (where the relevant service suspension period is less than three months, referring to three months); |
| (c) | An administrative fine of up to 10 million won: Six months; |
| (d) | Reprimand: Three months. |
[This Article Newly Inserted on Jun. 22, 2021]
| Article 29 (Handling of Personally Identifiable Information) |
| 1. | Deleted; <Dec. 30, 2015> |
| 2. | Deleted; <Dec. 30, 2015> |
| 3. | Examinations for licensed customs broker under Articles 10 through 13 and 15 of the Decree. |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 30 (Entrustment of Services) |
| (1) | The Commissioner of the Korea Customs Service shall entrust the following authority to the Korea Customs Brokers Association under Article 26 of the Act: <Amended on Oct. 7, 2016; Jul. 1, 2020> |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 31 Deleted. <Oct. 7, 2016> |
| Article 32 (Recommendation for Disciplinary Action) |
| (1) | If a licensed customs broker falls under Article 27 (1) 1 of the Act, the head of the customs office concerned shall, without delay, recommend the Commissioner of the Korea Customs Service to take disciplinary action against the licensed customs broker. |
| (2) | If a licensed customs broker violates the bylaws of the Korea Customs Brokers Association, its President shall recommend the Commissioner of the Korea Customs Service to take disciplinary action against the licensed customs broker. <Amended on Oct. 7, 2016> |
| Article 33 (Request for Resolution on Disciplinary Action) |
If the Commissioner of the Korea Customs Service is recommended to take disciplinary action against a licensed customs broker under Article 32 of this Decree, or if a licensed customs broker falls under Article 27 (1) 1 of the Act, the Commissioner shall, without delay, require the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action to resolve on disciplinary action against the licensed customs broker. <Amended on Oct. 7, 2016>
| (1) | If the Commissioner of the Korea Customs Service requires the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action to resolve on disciplinary action, it shall, within 90 days thereafter, do so: Provided, That such resolution may, when any unavoidable cause exists, be extended for up to 90 days by resolution of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action. <Amended on Oct. 7, 2016> |
| (2) | Deleted. <Oct. 7, 2016> |
| (3) | If the Chairperson of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action intends to convene a meeting, he or she shall, at least seven days prior thereto, give written notice to all members thereof and any licensed customs broker against whom a resolution on disciplinary action is to be made (hereafter referred to as "party" in this Article). <Amended on Oct. 7, 2016> |
| (4) | Deleted. <Oct. 7, 2016> |
| (5) | The Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action may, if deemed necessary to review disciplinary cases, have the parties or interested persons attend its meeting and give their opinions, or require them to submit materials for review. <Amended on Oct. 7, 2016> |
[Moved to Article 5-5 <Oct. 7, 2016>]
| Article 35 (Notice and Enforcement of Resolution) |
| (1) | If the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action resolves on disciplinary action, it shall without delay notify the Commissioner of the Korea Customs Service by a written resolution on disciplinary action specifying the causes therefor. <Amended on Oct. 7, 2016> |
| (2) | The Commissioner of the Korea Customs Service upon receipt of a notice under paragraph (1) shall take disciplinary action against the licensed customs broker involved and notify the head of the customs office concerned or the President of the Korea Customs Brokers Association, who in turn shall notify such licensed customs broker, accompanied by a copy of the written resolution on disciplinary action. |
| (3) | If the domicile or residence of a licensed customs broker against whom a resolution on disciplinary action is made cannot be found, or if notification cannot be given for any other reason, such resolution shall be publicly announced; and if such public announcement is made, notification shall be deemed to be received on the tenth day following the date on which such public announcement is made. |
| (4) | Deleted. <Oct. 7, 2016> |
| Article 36 (Recording and Managing Results of Disciplinary Actions) |
| 1. | The name and the date of birth of the licensed customs broker; |
| 2. | Name and location of the office; |
[This Article Newly Inserted on Jul. 1, 2020]
| Article 37 (Re-Examination of Regulation) |
The Minister of Economy and Finance shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year), and shall take such measures as making improvements:
| 1. | Deleted; <Mar. 3, 2020> |
| 2. | Guarantee of liability for damage under Article 22: January 1, 2017; |
| 3. | Registration of customs clearance handling corporations under Article 25: January 1, 2017. |
[This Article Wholly Amended on Dec. 30, 2016]
ADDENDA <Presidential Decree No. 14991, May 4, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 1996. |
| (2) | (Transitional Measures concerning Guarantee of Liability for Damage) Any licensed customs broker or licensed customs brokers corporation, etc. which is in practice as at the time this Decree enters into force shall provide security for guaranteeing liability for damage under Article 22 within six months after the enforcement of this Decree. |
ADDENDUM <Presidential Decree No. 15561, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 17179, Mar. 31, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 17835, Dec. 30, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 shall enter into force on January 1, 2004. |
| (2) | (Applicability to Abolition of Privileges of Examinations for Licensed Customs Brokers) The amended provisions of Article 14 shall begin to apply to the first examination for licensed customs brokers conducted on or after January 1, 2004. |
| (3) | (Transitional Measures concerning In-Service Training) Notwithstanding the amended provisions of Article 6, any person receiving in-service training under the previous provisions as at the time this Decree enters into force shall be governed by the previous provisions. |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20350, Oct. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5-2 and attached Table 1 shall enter into force on January 1, 2010. Article 2 (Transitional Measures concerning Changes to Organization of Committee for Deliberation on Licensed Customs Brokers Qualifications)
Previous members of the Committee for Deliberation on Licensed Customs Brokers Qualifications as at the time this Decree enters into force shall be deemed to have been appointed under the amended provisions of Article 5-3, and their terms of office shall be governed by the expiration date under the previous provisions.
ADDENDA <Presidential Decree No. 20516, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, from among the Presidential Decrees amended pursuant to Article 8 of the Addenda, the amendments to any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 20928, Jul. 24, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11 and 30 shall enter into force on January 1, 2009.
ADDENDUM <Presidential Decree No. 22830, Apr. 4, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23605, Feb. 2, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (3), 24-5, and 25 (6) shall enter into force on July 1, 2012. Article 2 (Applicability to Advance Notice of Registration Renewal of Licensed Customs Brokers)
| (1) | The amended provisions of Articles 16 (3), 24-5, and 25 (6) shall begin to apply to any advance notice made for registration renewal, the effective period for which arrives on or after July 1, 2012. |
| (2) | Where necessary for providing advance notice of registration renewal, the effective period for which arrives pursuant to paragraph (1), notwithstanding the provisions of the proviso of Article 1 of the Addenda, each amended provision under paragraph (1) shall be deemed to have entered into force and advance notice may be provided pursuant to the relevant provisions. |
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... (Omitted) ... amended provisions of Articles 2 and 3 of the Addenda shall enter into force on July 22, 2012. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
The provisions of this Decree concerning matters to amend the period of public announcement of an examination, etc. shall begin to apply to any examination conducted on or after January 1, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25210, Feb. 21, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27539, Oct. 7, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Field of Customs Administration Subject to Exemption from Part of Examination)
The amended provisions of attached Table 1-2 shall also apply in respect of the relevant divisions before this Decree enters into force.
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. 27846, Feb. 7, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 (1), (2) and (5) shall enter into force on July 1, 2017.
ADDENDUM <Presidential Decree No. 28689, Mar. 6, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29543, Feb. 12, 2019>
This Decree shall enter into force on July 1, 2019: Provided, That the amended provisions of Article 28 shall enter into force on the date this Decree was promulgated.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30813, Jul. 1, 2020>
This Decree shall enter into force on July 1, 2020.
ADDENDUM <Presidential Decree No. 31785, Jun. 22, 2021>
This Decree shall enter into force on January 6, 2022: Provided, That the amended provisions of Article 28-2 shall enter into force on the date of its promulgation.