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ENFORCEMENT DECREE OF THE DEPOSITOR PROTECTION ACT
조문단위인쇄
 Article 3 (Scope of deposits, etc.)
(1) Money raised by insured financial companies that falls under any of the following categories, under the proviso to the part, with exception of each item of subparagraph 2 of Article 2 of the Act, shall not be included in the scope of deposits, etc. <Amended on Mar. 17, 2001; Feb. 28, 2007; Feb. 29, 2008; Jun. 9, 2009; Feb. 26, 2015; Mar. 11, 2016>
1. Money raised from a government or municipality;
2. Money procured from the Bank of Korea, the Financial Supervisory Service established under the Act on the Establishment, etc. of the Financial Services Commission (hereinafter referred to as the "Financial Supervisory Service"), or the Korea Deposit Insurance Corporation established under Article 3 of the Act (hereinafter referred to as the "Corporation");
3. Money raised by insured financial companies; provided, the following cases shall be excluded.
a. Where a retirement pension business operator who performs asset management duties for the defined contribution retirement pension plan under subparagraph 9 of Article 2 of the Act on the Guarantee of Workers' Retirement Benefits (hereinafter referred to as the "defined contribution retirement pension plan") or the individual retirement pension plan under subparagraph 10 of that Article (hereinafter referred to as the "individual retirement pension plan") receives deposits of reserves (limited to reserves managed as deposits, etc.) from the insured financial company as a retirement pension trustee;
b. If money (limited to money managed as deposits, etc. in the individual savings account) is deposited from the trust business operator who opened the individual comprehensive asset management account (hereinafter referred to as "individual comprehensive asset management account") under Article 91-18 (1) of the Act on Restriction on Special Cases concerning Taxation.
(2) Money raised by insured companies prescribed in subparagraph 1 a through f of Article 2 of the Act (hereinafter referred to as “bank”), by any of the following methods, shall not be included in the scope of deposits, etc. defined in subparagraph of Article 2 (2) a of the Act: <Amended on Aug. 5, 2000; Feb. 28, 2007; Mar. 11, 2016>
1. Deleted; <Nov. 26, 2008>
2. Negotiable certificates of deposit;
3. Development trust;
4. Issue bonds;
5. Sale of repurchase agreements.
(3) None of the following money deposited by investors in insured financial companies defined in subparagraph 1 g and h of Article 2 of the Act (hereinafter referred to as "investment trader or investment broker"), shall be included in the scope of deposits, etc. defined in subparagraph 2 b of Article 2 of the Act (hereafter referred to as "investor deposits" in this paragraph): <Amended on Feb. 28, 2007; Jul. 29, 2008; Jun. 9, 2009; Mar. 11, 2016; Jun. 21, 2016>
1. Money deposited for the payment of taxes arising from investor deposits;
2. Money raised by selling repurchase agreements;
3. Money deposited for the purpose of acquiring or subscribing to securities offered or sold pursuant to the Financial Investment Services and Capital Markets Act;
3-2. Money falling under any of the following items:
a. Money deposited in a securities finance company (hereinafter referred to as "securities finance company") authorized under Article 324 (1) of the Financial Investment Services and Capital Markets Act in relation to the sale and purchase of derivatives and other transactions under Article 3 (2) 2 of that Act;
b. Money deposited with a securities finance company under Article 117-8 of the Financial Investment Services and Capital Markets Act.
c. Money deposited with a securities finance company under Article 137 (1) 3-2 of the Financial Investment Services and Capital Markets Act.
4. Money deposited as collateral for securities lent to customers under the "Financial Investment Services and Capital Markets Act" and held by a securities finance company.
(4) None of the following premiums earned by insured financial companies defined in subparagraph 1 (i) of Article 2 of the Act (hereinafter referred to as "insurance companies"), shall be included in the scope of deposits, etc. defined in subparagraph 2 (c) of Article 2 of the Act : <Amended on Aug. 19, 2005; Feb. 28, 2007; Jun. 9, 2009; Feb. 26, 2015; Mar. 11, 2016; Jun. 21, 2016; Oct. 17, 2023>
1. Premiums earned under insurance contracts where the policyholder and premium payer are corporations; provided, premiums earned under defined contribution retirement pension plans, individual retirement pension plans, the small and medium-sized enterprise retirement pension fund plan defined in subparagraph 14 of article 2 of the Act on the Guarantee of Workers' Retirement Benefits (hereinafter referred to as the "small and medium-sized enterprise retirement pension fund plan"), or retirement insurance contracts prescribed in the main clause of Article 2 (1) of the Addenda of the Act on the Guarantee of Workers' Retirement Benefits (act no. 10967) shall be excluded.
1-2. Premiums earned under retirement insurance contracts pursuant to the defined benefit retirement pension plan defined in subparagraph 8 of Article 2 of the Act on the Guarantee of Workers' Retirement Benefits;
2. Insurance premiums received under a guarantee insurance contract;
3. Insurance premiums received under a reinsurance contract.
(5) Money raised by an overseas branch of an insured financial company, recognized by the Corporation as protected under the deposit insurance system, etc. of a country in which the overseas branch is located, shall not be included in the scope of deposits, etc. <Added on Jun. 9, 2009; Mar. 11, 2016>
(6) Necessary matters, such as procedures for, and timing of, recognition under paragraph (5), shall be determined by the Corporation. <Added on Jun. 9, 2009>