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ENFORCEMENT DECREE OF THE FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT
조문단위인쇄
 Article 2 (Definitions)
The terms used in this Decree are defined as follows: <Amended on Oct. 23, 2015; Jul. 28, 2016; Apr. 23, 2019; Feb. 9, 2021>
1. The term "overseas securities market" means an overseas market similar to the securities market;
2. The term "invitation to subscribe" means activities, conducted to invite a certain person to acquire securities, of notifying that securities are to be issued or sold, or providing information on the procedures for acquisition of such securities by placing an advertisement in a newspaper, a broadcasting medium, or a magazine; distributing printed matters, such as informative material or leaflets; holding a presentation session for inducing investments; or using an electronic communication means (including means of advertisements soliciting investment as prescribed in Article 249-5 of the Act), etc.: Provided, That the same shall not apply where information or guidance is provided merely for all or parts of the following matters by an advertisement or any similar means in accordance with the guidelines determined and publicly notified by the Financial Services Commission without the name of an underwriter and the issue amount of securities included therein:
(a) The name of an issuer;
(b) The type and amount of securities intended to be issued or sold;
(c) General terms and conditions of the issuance or sale of securities;
(d) Time table for the intended issuance or sale of securities;
(e) Other matters determined and publicly notified by the Financial Services Commission, unlikely to undermine the protection of investors;
3. The term "foreign currency asset" means an asset issued, created, or distributed in a foreign country or any other similar asset;
4. The term "affiliated person" means a person as defined in any subparagraph of Article 3 (1) of the Enforcement Decree of the Act on Corporate Governance of Financial Companies;
5. The term "major shareholder" means a person as defined in subparagraph 6 (b) of Article 2 of the Act on Corporate Governance of Financial Companies;
6. The term "robo-advisor" means an automated electronic data processing system that satisfies the following requirements:
(a) Satisfying the following requirements based on the type of service it is used for:
(i) To manage the collective investment property: Managing according to the investment objectives, policies and strategies of a collective investment scheme;
(ii) To perform the investment advisory business or discretionary investment business: Analyzing investment propensity, in consideration of the purpose of investment, property status, investment experience, etc. of an investor;
(b) Establishing a system to prevent the occurrence of a computer security incident defined in subparagraph 7 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as "computer security incident"), a disaster, or similar events, and a system to prevent a computer security incident or a disaster from worsening and recurring and to enable a rapid recovery therefrom;
(c) Satisfying other requirements determined and publicly notified by the Financial Services Commission to protect investors, and to maintain sound trading practices;
7. The term "highly complex financial investment instrument" means a financial investment instrument whose maximum possible loss amount calculated by the method determined and publicly notified by the Financial Services Commission exceeds 20/100 of the principal: Provided, That excluded herefrom are instruments listed and traded (limited to cases in which an investor directly trades on the relevant market) on the exchange market, overseas securities market, overseas derivative market (referring to an overseas derivatives market under Article 5 (2) 2 of the Act; hereinafter the same shall apply), or instruments only for professional investors [limited to any person falling under Article 9 (5) 1 through 3 of the Act, any person falling under any subparagraph of Article 10 (3) 1 through 6, 6-2, 7 through 14 of this Decree (including foreigners corresponding thereto), or any person falling under subparagraph 18 (a) through (c) of that paragraph]:
(a) Derivative-linked securities (excluding derivative-linked securities under Article 7 (2) 1);
(b) Derivatives;
(c) Collective investment securities determined and publicly notified by the Financial Services Commission, whose method of pricing managed assets, structure of profit and loss, and risks associated therewith are deemed difficult for investors to understand;
(d) Other financial investment instruments determined and publicly notified by the Financial Services Commission, whose underlying asset's characteristics, method of pricing, structure of profit or loss, and risks associated therewith are deemed difficult for investors to understand;
8. The term "highly complex discretionary investment contract" means a discretionary investment contract that satisfies the standards determined and publicly notified by the Financial Services Commission, whose maximum possible loss amount calculated by the method determined and publicly notified by the Financial Services Commission exceeds 20/100 of the principal and whose management methods and risks associated therewith are deemed difficult for investors to understand;
9. "Highly complex money trust contract" means a money trust contract that satisfies the standards determined and publicly notified by the Financial Services Commission, whose maximum possible loss amount calculated by the method determined and publicly notified by the Financial Services Commission exceeds 20/100 of the principal and whose management methods and risks associated therewith are deemed difficult for investors to understand.