ENFORCEMENT DECREE OF THE POSTAL SAVINGS AND INSURANCE ACT
Presidential Decree No. 18500, Jul. 30, 2004
Amended by Presidential Decree No. 19529, jun. 15, 2006
Presidential Decree No. 19958, Mar. 27, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21785, Oct. 19, 2009
Presidential Decree No. 22940, May 30, 2011
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 26552, Sep. 25, 2015
Presidential Decree No. 27185, May 31, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 33702, Sep. 12, 2023
[This Article Wholly Amended on Oct. 19, 2009]
| Article 2 Deleted. <Oct. 20, 2008> |
| Article 3 Deleted. <Oct. 20, 2008> |
| Article 3-2 (Scope of Real Estate for Business Purpose) |
| 1. | Business facilities (limited to facilities, at least ten percent of the area of which is used for the purposes directly related to postal services); |
| 4. | Land, buildings used for the purposes under subparagraphs 1 through 3 and facilities annexed thereto. |
[This Article Newly Inserted on Oct. 19, 2009]
| Article 3-3 (Minimum Guarantee Amount) |
“Amount prescribed by Presidential Decree” referred to in the first sentence of Article 45 (3) of the Act means four million won. [This Article Newly Inserted on Oct. 19, 2009]
| Article 4 Deleted. <May 31, 2016> |
| Article 5 (Operation of Postal Savings and Insurance Dispute Mediation Committee) |
| (1) | The meetings of the Postal Savings and Insurance Dispute Mediation Committee under Article 51 (1) of the Act (hereinafter referred to as the “Dispute Mediation Committee”) shall be convened by the chairperson, and where he/she is unable to perform his/her duties due to any unavoidable reason, a member of the Dispute Mediation Committee (hereinafter referred to as "member") designated in advance by the chairperson after the resolution of the Dispute Mediation Committee shall act on behalf of the chairperson. <Amended on May 31, 2016; Sep. 12, 2023> |
| (2) | Meetings shall be held by a majority attendance of all incumbent members and resolutions shall be passed by a majority vote of those present. |
| (3) | Where the chairperson intends to convene a meeting of the Dispute Mediation Committee under paragraph (1), he/she shall notify members of the time, venue and agenda items of the meeting by not later than seven days before the date of a meeting unless any extenuating circumstance exists. |
| (4) | No meeting of the Dispute Mediation Committee shall be open to the public: Provided, That if deemed necessary, parties in dispute or interested persons may be permitted to attend a meeting after a resolution at the Dispute Mediation Committee. |
[This Article Wholly Amended on Oct. 19, 2009]
[Title Amended on Sep. 12, 2023]
| Article 5-2 (Disputes Subject to Mediation by Dispute Mediation Committee) |
"Disputes prescribed by Presidential Decree" in Article 51 (1) of the Act means disputes related to any of the following matters: | 1. | Contracts for and payment of postal savings; |
| 2. | Solicitation of and contracts for postal insurance, and payment of insurance proceeds; |
| 3. | Other matters for which dispute mediation is deemed necessary by the Minister of Science and ICT in relation to postal savings and insurance. |
[This Article Newly Inserted on Sep. 12, 2023]
[Previous Article 5-2 moved to Article 5-3 <Sep. 12, 2023>]
| Article 5-3 (Executive Secretary of Dispute Mediation Committee) |
One executive secretary shall be assigned to the Dispute Mediation Committee for the savings and insurance sectors, respectively, to assist in performing its business and to prepare minutes of its meetings, and each executive secretary shall be nominated by the Minister of Science and ICT from among Grade IV or higher-ranking public officials in charge of savings and insurance disputes at the Korea Post. <Amended on Jul. 26, 2017; Sep. 12, 2023>
[This Article Wholly Amended on May 31, 2016]
[Moved from Article 5-2 <Sep. 12, 2023>]
| Article 6 Deleted. <Jan. 31, 2016> |
| Article 7 (Hearing Opinions of Applicants, etc.) |
| (1) | If the Dispute Mediation Committee deems it necessary to hear opinions of applicants for dispute mediation, experts needed to mediate disputes or other necessary persons, it may require them to attend a meeting to hear their opinions. |
| (2) | In order to seek opinions under paragraph (1), the Dispute Mediation Committee shall determine the date and venue of a hearing and notify applicants for dispute mediation, experts needed to mediate disputes or other necessary persons, of such information by not later than seven days before the date of the hearing. |
| (3) | If necessary, applicants for dispute mediation may attend a meeting of the Dispute Mediation Committee and present their opinions after obtaining permission from the chairperson. |
[This Article Wholly Amended on Oct. 19, 2009]
| Article 8 (Notification of Dispute Mediation Results) |
The chairperson shall notify the disputing parties of the results of dispute mediation under Article 54 of the Act, or a dispute that is decided not to be submitted to the meeting of the Dispute Mediation Committee. <Amended on May 31, 2016; Sep. 12, 2023> [This Article Wholly Amended on Oct. 19, 2009]
| Article 9 (Allowances, etc.) |
Allowances, travel expenses, etc. may be provided, within budgetary limits, to the members attending a meeting and experts, etc. attending a meeting to state their opinions under Article 7 (1): Provided, That the foregoing shall not apply to public officials who attend a meeting in direct relation to their affairs. [This Article Wholly Amended on Oct. 19, 2009]
| Article 10 (Detailed Rules of Operation) |
Except as otherwise expressly prescribed for in this Decree, matters necessary for the operation of the Dispute Mediation Committee and other matters shall be determined by the chairperson after a resolution of the Dispute Mediation Committee.
[This Article Wholly Amended on Oct. 19, 2009]
| Article 11 (Delegation of Authority) |
| (1) | The Minister of Science and ICT shall delegate his/her authority over the following affairs to the President of the Korea Post pursuant to Article 56 of the Act: <Amended on May 30, 2011; Mar. 23, 2013; Jul. 26, 2017; Sep. 12, 2023> |
| 1-2. | Public notification of matters regarding the enhancement of rights and interests of consumers of postal savings and insurance under Article 3-3 of the Act; |
| 2. | Restriction and suspension of business of postal savings and insurance under Article 6 of the Act and public announcement thereof; |
| 3. | Exemption of charges for conducting business of postal savings and insurance and provision of convenience under Article 7 of the Act and public announcement thereof; |
| 4-2. | Requests for providing computerized information and data on resident registration under Article 10-2 of the Act; |
| 5. | Public announcement of the kinds of deposits, details of deposits by kind and persons eligible for such deposits, etc. under Article 11 (2) of the Act; |
| 6. | Determination and public notification of interest rates by kind of deposits under Article 14 (2) of the Act (limited to where interest rates are determined within the range of the standards determined by the Monetary Policy Committee pursuant to subparagraph 15 of Article 28 of the Bank of Korea Act); |
| 7. | Determination of the maximum amount to be deposited and the minimum amount to be deposited at a time by kind under Article 16 of the Act and public announcement thereof; |
| 8. | Operation of the deposited money (excluding the funds delegated to the heads of the Regional Communications Offices for operation under paragraph (2)) under Article 18 of the Act; |
| 9. | Determination of interest rates on trading of national and public bonds sold on condition of repurchase under Article 19 (2) of the Act and public announcement thereof; |
| 11. | Prohibition against amendments of the provisions of the Act in any manner disadvantageous to a policyholder, etc. by special agreement under Article 26 of the Act; |
| 12. | Determination of the insurance terms and conditions under Article 27 (1) and public announcement thereof; |
| (2) | The Minister of Science and ICT shall delegate his/her authority to operate funds assigned by the Minister of Science and ICT, out of the deposited money under Article 18 of the Act, to the directors of regional communication offices pursuant to Article 56 of the Act. <Amended on May 30, 2011; Mar. 23, 2013; Jul. 26, 2017; Sep. 12, 2023> |
[This Article Wholly Amended on Oct. 19, 2009]
| Article 12 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Science and ICT (including persons delegated with the authority of the Minister of Science and ICT or entrusted with postal services pursuant to Article 11 of this Decree or Article 17 of the Act on Special Cases concerning the Management of Postal Services) may process health-related information prescribed in Article 23 of the Personal Information Protection Act (hereafter in this Article referred to as “health information”) or data containing resident registration numbers, passport numbers, drivers' license numbers, or alien registration numbers prescribed in Article 19 of the Enforcement Decree of that Act (hereafter in this Article referred to as “personally identifiable information”) according to the following classification, if it is inevitable to perform the following business affairs: <Amended on Jul. 26, 2017; Sep. 12, 2023> | 1. | Business affairs regarding requests for provision of computerized information and data on resident registration under Article 10-2 of the Act: The resident registration numbers of the original right holder and the counterpart to the transaction; |
| 2. | Business affairs regarding the conclusion, maintenance, and management of a deposit contract, the payment of savings, and others provided in Chapter II 2 of the Act: Personally identifiable information about the deposit holder; |
| 3. | Business affairs regarding the conclusion, maintenance, and management of an insurance contract, the payment of insurance proceeds, and others provided in Chapter III 3 of the Act: Personally identifiable information about policyholders and health information or personally identifiable information about the insured; |
| 4. | Business affairs regarding the conclusion, maintenance, and management of an insurance contract for the benefit of a third party, the payment of insurance proceeds, and others under Article 50 of the Act and Article 639 of the Commercial Act: Personally identifiable information about policyholders and health information or personally identifiable information about the insured; |
| 6. | Business affairs regarding the conclusion, maintenance, and management of a group insurance contract, the payment of insurance proceeds, and others provided in Article 735-3 of the Commercial Act: Health information or personally identifiable information about the insured. |
[This Article Newly Inserted on Sep. 25, 2015]
ADDENDA <Presidential Decree No. 18500, Jul. 30, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on July 30, 2004. |
ADDENDUM <Presidential Decree No. 19529, Jun. 15, 2006>
This Decree shall enter into force on July 1, 2006.
ADDENDA <Presidential Decree No. 19958, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2007: Provided, That Article 10 shall enter into force on November 1, 2008; Articles 24 through 26 shall enter into force on January 1, 2010; Article 29 shall enter into force on July 1, 2009; and Article 48 shall enter into force on January 1, 2013. Article 2 (Transitional Measures Following Amendment of Public Officials Disciplinary Regulations)
| (1) | The first disciplinary committee and the second disciplinary committee under the former provisions of the Public Officials Disciplinary Regulations as at the time this Decree enters into force shall be deemed the central disciplinary committee under this Decree. |
| (2) | Requests for a disciplinary resolution received by the first disciplinary committee and the second disciplinary committee under the former provisions of the Public Officials Disciplinary Regulations as at the time this Decree enters into force shall be deemed received by the central disciplinary committee under this Decree. |
| (3) | Resolutions of the first disciplinary committee and the second disciplinary committee under the former provisions of the Public Officials Disciplinary Regulations as at the time this Decree enters into force shall be deemed resolutions of the central disciplinary committee under this Decree. |
| (4) | Members of the second disciplinary committee under the former provisions of the Public Officials Disciplinary Regulations as at the time this Decree enters into force shall be deemed appointed or commissioned as a member of the central disciplinary committee under this Decree. |
Matters executed by the Minister of Land, Transport and Maritime Affairs after the deliberation and resolution of the examination committee of logistics administrator under the former provisions of the Enforcement Decree of the Framework Art on Logistics Policies as at the time this Decree enters into force shall be deemed executed by the Minister of Land, Transport and Maritime Affairs under this Decree.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 21785, Oct. 19, 2009>
This Decree shall enter into force on October 23, 2009: Provided, That the amended provisions of Article 11 shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 22940, May 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 26552, Sep. 25, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27185, May 31, 2016>
This Decree shall enter into force on June 2, 2016.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 33702, Sep. 12, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2023: Provided, That the amended provisions of Article 11 (1) 4-2 and subparagraph 1 of Article 12 shall enter into force on October 19, 2023. Article 2 Omitted.