ENFORCEMENT DECREE OF THE SUBSIDY MANAGEMENT ACT
Presidential Decree No. 23264, Oct. 26, 2011
Amended by Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23842, jun. 7, 2012
Presidential Decree No. 24890, Dec. 4, 2013
Presidential Decree No. 25114, Jan. 28, 2014
Presidential Decree No. 25478, Jul. 16, 2014
Presidential Decree No. 25781, Nov. 28, 2014
Presidential Decree No. 25918, Dec. 30, 2014
Presidential Decree No. 26428, Jul. 24, 2015
Presidential Decree No. 27113, Apr. 28, 2016
Presidential Decree No. 27427, Aug. 2, 2016
Presidential Decree No. 27543, Oct. 18, 2016
Presidential Decree No. 28011, May 8, 2017
Presidential Decree No. 28696, Mar. 13, 2018
Presidential Decree No. 29181, Sep. 18, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29303, Nov. 27, 2018
Presidential Decree No. 29395, Dec. 18, 2018
Presidential Decree No. 30070, Sep. 10, 2019
Presidential Decree No. 30250, Dec. 24, 2019
Presidential Decree No. 30360, Jan. 29, 2020
Presidential Decree No. 30640, Apr. 28, 2020
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 31055, Sep. 29, 2020
Presidential Decree No. 33231, Jan. 17, 2023
The purpose of this Decree is to provide for matters mandated by the Subsidy Management Act and matters necessary for the enforcement of said Act. [This Article Wholly Amended on Oct. 26, 2011]
| Article 2 (Designation of Benefits) |
Benefits, other than subsidies and financial aid referred to in subparagraph 1 of Article 2 of the Subsidy Management Act (hereinafter referred to as the "Act"), are income subsidies referred to in Article 3 of the Regulations on the Implementation of Direct Payment Systems for Agricultural Producers. [This Article Wholly Amended on Oct. 26, 2011]
| Article 3 (Appropriation of Budget Subsidies for Programs without Budget Proposal) |
In any of the following cases, the State may appropriate subsidies in a budget for any program for which a budget proposal is not made pursuant to Article 5 of the Act: | 1. | If the State grants all subsidy expenses incurred in relation to the program; |
| 2. | If it is unavoidable to grant a subsidy due to unexpected reasons, such as occurrence of a natural disaster; |
| 3. | If the Minister of Economy and Finance deems it unavoidable to grant a subsidy for the implementation of major national policies. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 4 (Scope of Programs Eligible for Subsidies and Basic Subsidy Rate) |
| (1) | The scope of a local government's program eligible for subsidies under Article 9 (1) 1 of the Act and the basic subsidy rate under subparagraph 2 of the same paragraph (hereinafter referred to as "basic subsidy rate") shall be as set forth in attached Table 1: Provided, That a local government's programs set forth in attached Table 2 shall be excluded from the eligibility. <Amended on Apr. 28, 2016> |
| (2) | The basic subsidy rate shall be the ratio of national subsidies to the aggregates of the national subsidies, the charges to be borne by a local government, borrowings from government funds and the amount to be borne by a beneficiary, along with other amounts of money determined by the Minister of Economy and Finance for the relevant fiscal year. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 5 (Criteria for Application of Differential Subsidy Rates) |
| (1) | A differential subsidy rate which includes a certain rate in a basic subsidy rate under Article 10 of the Act (hereinafter referred to as "increased subsidy rate") shall be determined by adding either 20, 15, or 10 percent to the basic subsidy rate, and a differential subsidy rate which subtracts a certain rate from a basic subsidy rate (hereinafter referred to as "reduced subsidy rate") shall be determined by subtracting either 20, 15, or 10 percent from the basic subsidy rate; application standards and the detailed formula for calculating each basic rate shall be as set forth in attached Table 3. |
| (2) | An increased subsidy rate shall only apply to a local government in substantially difficult financial conditions. |
| (3) | Where subsidies are granted to a local government that has requested the application of an increased subsidy rate, the Minister of Economy and Finance may provide the relevant local government with guidelines necessary for its financial management. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 6 (Programs whose Period of Existence is Excluded from Being Specified) |
“Subsidy programs determined by Presidential Decree” referred to in Article 15 (1) of the Act shall means any of the following programs: <Amended on Nov. 28, 2014; Apr. 28, 2016> | 4. | Other programs which do not conform to the purpose of specifying a period of duration and the period of duration of which is deemed by the Minister of Economy and Finance to be unnecessary to be limited to not longer than three years. |
[This Article Newly Inserted on Oct. 26, 2011]
[Title Amended on Apr. 28, 2016]
| Article 6-2 (Organization and Operation of Subsidy Program Assessment Board) |
| (1) | The Subsidy Program Assessment Board referred to in Article 15 (3) of the Act (hereinafter referred to as the "Board") shall consist of members nominated by the Minister of Economy and Finance from among the following persons: <Amended on Apr. 28, 2016> |
| 1. | A faculty member at least at the level of assistant professor who has expertise in subsidy management and a subsidy-related area; |
| 2. | A doctorate degree holder who belongs to a government-funded research institute and has expertise in subsidies; |
| 3. | An attorney-at-law, certified public accountant, certified tax accountant, or financial expert who has at least five years of work experience; |
| 4. | A person who has abundant expertise and experience in the research and assessment of the operation of subsidy programs. |
| (2) | The Board may request the head of a central government agency who implements a subsidy program subject to assessment to submit documents and information related to the assessment of the subsidy program. In such cases, the head of the relevant central government agency shall comply with such request, except in extenuating circumstances. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the organization and operation of the Board shall be determined by the Minister of Economy and Finance. |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 6-3 (Composition of Subsidy Management Committee) |
| (1) | The Second Vice Minister of Economy and Finance shall serve as the chairperson of the Subsidy Management Committee established under Article 15-2 of the Act (hereinafter referred to as the "Committee") and the following persons shall be its members: |
| 1. | Persons appointed by the Minister of Economy and Finance from among the members of the Senior Executive Service of the central government agency that manages subsidy programs upon recommendation of the head of such central government agency; |
| 2. | Up to 12 civilian members commissioned by the Minister of Economy and Finance in consideration of gender equality from among persons with extensive knowledge of and experience in subsidy programs. |
| (2) | The term of office of each civilian member under paragraph (1) 2 shall be three years. |
| (3) | Where a member of the Committee falls under any of the following cases, the Minister of Economy and Finance may remove the member from office or dismiss him or her: |
| 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where he or she commits any misconduct in relation to his or her duties; |
| 3. | Where he or she is deemed unsuitable as a member due to neglect of duty, injury to dignity, or other reasons; |
| 4. | Where he or she admits that it is difficult for him or her to perform his or her duties. |
| (4) | The Committee may establish subcommittees to efficiently perform its business affairs. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Committee shall be determined by the Minister of Economy and Finance following its resolution. |
[This Article Wholly Amended on Dec. 14, 2021]
| Article 7 (Applications for Subsidies) |
| (1) | A written application for subsidies under Article 16 of the Act shall state all of the following matters: |
| 1. | Name and address of an applicant; |
| 2. | Objectives and details of a subsidy program; |
| 3. | Estimated expenses of a subsidy program and the proposed amount of subsidies; |
| 4. | Amount to be borne by an applicant; |
| 5. | Scheduled commencement and completion dates for a subsidy program; |
| 6. | Other matters determined by the head of a central government agency. |
| (2) | A written application for subsidies under paragraph (1) shall be accompanied by a program plan stating the following matters: Provided, That all, or some, of the following matters may be omitted from a program plan if such omission is approved by the head of a relevant central government agency: |
| 1. | Summary of an applicant's main business; |
| 2. | Information concerning assets and liabilities of an applicant; |
| 3. | Information concerning action plans for a subsidy program; |
| 4. | Basis for the calculation of subsidies applied; |
| 5. | Methods of using expenses incurred in relation to a subsidy program; |
| 6. | Names of the parties or entities bearing the expenses incurred in relation to a subsidy program, other than a portion covered by subsidies, the amount to be borne, and the methods of bearing such expenses; |
| 7. | Effects of a subsidy program; |
| 8. | Matters concerning the amount of revenues to be generated from the implementation of a subsidy program; |
| 9. | Other matters determined by the head of a relevant central government agency. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 7-2 Deleted. <May 8, 2017> |
| Article 8 (Standards, etc. for Integrating Subsidies) |
| (1) | Standard amounts to be granted upon integrating various items of expenses incurred in relation to each unit program pursuant to Article 20 (2) of the Act shall be less than five million won per year for each subsidy program operator. |
| (2) | If the Minister of Economy and Finance intends to integrate and manage budgets for subsidy programs with similar purposes pursuant to Article 20 (3) of the Act, he or she shall take into consideration any possibility to transfer the amount allocated for execution between subsidy programs, efficiency of integrated execution of subsidy budgets, etc. |
| (3) | The extent of possible transfer of the amount allocated for execution between subsidy programs, detailed methods and procedures for integrated execution, etc. in accordance with paragraph (2) shall be determined by the Minister of Economy and Finance. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 9 (Revocation of Decisions to Grant Subsidies due to Change in Circumstances) |
| 1. | Where land, important facilities, etc. necessary for the implementation of a subsidy program become unavailable due to any cause not attributable to the relevant subsidy program operator or indirect subsidy program operator; |
| 2. | Where expenses incurred in implementing a subsidy program or an indirect subsidy program, other than a portion covered by the subsidies or indirect subsidies (excluding those expenses borne by the subsidy program operator or indirect subsidy program operator), are not duly financed due to any cause not attributable to the subsidy program operator or indirect subsidy program operator. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 10 (Subsidization of Affairs or Projects that Become Necessary due to Revocation of Decision to Grant Subsidies) |
| 1. | Expenses to be incurred in removing machines, equipment or temporary structures related to a subsidy program and other remaining work; |
| 2. | Compensation to be paid when a contract for the implementation of a subsidy program is cancelled. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 10-2 (Retention of Data concerning Subsidy Programs) |
| (1) | The retention period for data concerning the implementation of a subsidy program or an indirect subsidy program under Article 25 (3) of the Act shall be five years. |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 10-3 (Temporary Suspension of Implementation of Subsidy Programs) |
Where the head of a central government agency temporarily suspends the implementation of a subsidy program pursuant to Article 26 (2) of the Act, he or she shall require the subsidy program operator to take measures tailored to details and conditions of the decision to grant the relevant subsidies within a specified period. In such cases, he or she shall clearly notify the subsidy program operator that the decision to grant the relevant subsidies shall be entirely or partially revoked pursuant to Article 30 (1) of the Act where the subsidy program operator fails to take such measures. [This Article Wholly Amended on Oct. 26, 2011]
[Moved from Article 11 <May 8, 2017>]
| Article 10-4 (Subsidy Management Information) |
| 1. | Matters concerning units of programs in which subsidies are granted, executed and settled; |
| 2. | Matters concerning information on subsidy programs by unit of the projects determined by the Minister of Economy and Finance to verify whether subsidy programs are similar or duplicate and to provide customized public services. |
[This Article Newly Inserted on May 8, 2017]
| Article 10-5 (Request for Provision of Data or Information) |
| (1) | “Data or information prescribed by Presidential Decree” in Article 26-3 (1) 6 (a) and 8 of the Act means the data or information referred to in attached Table 4, respectively. <Amended on Mar. 13, 2018> |
| (2) | Where the head of a central government agency or the head of a local government requests the heads of the relevant agencies to provide data or information under each subparagraph of Article 26-3 (1) of the Act pursuant to paragraph (2) of the same Article, the Minister of Economy and Finance shall consult with the head of the relevant agencies and link the integrated subsidy management network with systems related to the data or information under the above subparagraphs so that the relevant data or information can be provided promptly and efficiently. <Newly Inserted on Mar. 13, 2018> |
[This Article Newly Inserted on May 8, 2017]
| Article 10-6 (Request for Provision of Financial Information or Credit Information) |
| 1. | Name and resident registration number (referring to the title, representative name and registration number of a corporation, in cases of a corporation; hereafter the same shall apply in this Article) of a subsidy program operator, an indirect subsidy program operator or a subsidy recipient (hereinafter referred to as a “subsidy program operator, etc.”) who requests the provision of financial information or credit information; |
| 2. | Scope of the financial information or credit information requested to be provided, the base date for inquiry, and the period of inquiry. |
| (2) | The head of a financial institution, etc. so requested pursuant to paragraph (1) shall provide financial information or credit information containing the following to the head of a central government agency or the head of a local government: |
| 1. | Name and resident registration number of the subsidy program operator, etc. requested to provide financial information or credit information; |
| 2. | Title of the financial institution, etc., providing financial information or credit information; |
| 3. | Name and account number of the financial product required to be provided in respect of financial information; |
| 4. | Details of the financial information or credit information. |
| (3) | The head of a central government agency or the head of a local government may request the head a financial institution, etc. to provide a financial information or credit information referred to in Article 26-4 (1) of the Act by using the information and communications network of the association, federation, or central association joined by the financial institution, etc. |
[This Article Newly Inserted on May 8, 2017]
| Article 10-7 (Data or Information to Be Preserved for Period Exceeding Five Years) |
“Data or information prescribed by Presidential Decree” in the proviso of Article 26-5 (1) of the Act means the following data or information: | 1. | Data or information concerning verifying whether any subsidies have been received in duplicate or unjustly received; |
| 2. | Data or information concerning cancelling the determination of granting subsidies referred to in Article 30 of the Act; |
| 3. | Data or information concerning excluding any entities from eligibility to implement a subsidy program or an indirect subsidy program and concerning the restriction on granting subsidies or indirect subsidies, referred to in Article 31-2 of the Act; |
| 5. | Data and information concerning imposing and collecting additional monetary sanctions and additional dues referred to in Article 33-2 of the Act; |
| 6. | Data and information concerning restrictions on disposal of important property referred to in Article 35 of the Act; |
| 7. | Data and information concerning the publication of the list of names of fraudulent recipients of subsidies referred to in Article 36-2 of the Act. |
[This Article Newly Inserted on May 8, 2017]
| Article 10-8 (Deposit and Payment of Subsidies) |
| (1) | “Institutions determined by Presidential Decree, such as the Korea Public Finance Information Service” in the former part of Article 26-7 (5) of the Act means the Korea Public Finance Information Service established under the Korea Public Finance Information Service Act (hereinafter referred to as the “Korea Public Finance Information Service”). |
| (2) | Except for any of the following cases, the Minister of Economy and Finance may order the head of a central government agency or a subsidy program operator to deposit subsidies or indirect subsidies into the accounts designated by the institution referred to in paragraph (1) (hereinafter referred to as the “depository institution”) before granting subsidies or indirect subsidies to subsidy program operators or indirect subsidy program operators, respectively: Provided, That where any special provision on the deposit of subsidies or indirect subsidies is prescribed in any other statute, such statute shall prevail: |
| 1. | Where the head of a central government agency grants subsidies to the head of a local government who is an indirect subsidy program operator; |
| 2. | Where the head of a local government who is an indirect subsidy program operator grants indirect subsidies to the head of another local government. |
| (3) | Where a subsidy program operator or indirect subsidy program operator requests the payment of a subsidy or indirect subsidy deposited pursuant to the main clause of paragraph (2), he or she shall submit the evidential materials related to the execution thereof which fall under any of the following to the depository institution through the integrated subsidy management network: |
| 2. | Details of approved transactions by the exclusive cards for subsidies determined by the Minister of Economy and Finance, which are credit cards or debit cards issued by credit card business entities referred to in the Specialized Credit Finance Business Act for the purpose of executing subsidies; |
| 3. | Other Materials proving the execution of subsidies. |
| (4) | Where the depository institution in receipt of a request pursuant to paragraph (3) verifies the materials referred to in each subparagraph of the same paragraph, it shall promptly pay a subsidy or an indirect subsidy to a subsidy program operator, etc. who requests the subsidy or indirect subsidy. |
| (5) | The depository institution may return the amount remaining after executing a subsidy or an indirect subsidy deposited pursuant to paragraph (2), interest income incurred therefrom, and earnings accruing from the subsidy program to the head of a central government agency or the head of a local government on behalf of the subsidy program operator or indirect subsidy program operator. |
[This Article Newly Inserted on May 8, 2017]
| Article 11 (Organization and operation of Consultative Council of Agencies Operating Integrated Subsidy Management Networks) |
| (1) | The consultative council of agencies operating integrated subsidy management networks referred to in Article 26-9 (1) of the Act (hereinafter referred to as the “Consultative Council of Operating Agencies”) shall be comprised of the chairperson and the following members: <Amended on Mar. 13, 2018> |
| 1. | A person appointed by the Minister of Economy and Finance from among the public officials belonging to the Senior Executive Service of the Ministry of Economy and Finance who are in charge of operating and managing the integrated subsidy management networks; |
| 2. | A person appointed by the head of the relevant central government agency, from among public officials who belong to the Senior Executive Service of the independent government body under Article 6 (1) of the National Finance Act or a central government agency under paragraph (2) of the same Act that uses the integrated subsidy management networks or provides data or information pursuant to Article 26-3 (2) of the Act or director general-level public officials; |
| 4. | The chairperson of the Korea Public Finance Information Service; |
| 5. | Not more than ten persons who have expertise and experience in subsidies or information systems, who are commissioned by the Minister of Economy and Finance in consideration of gender. |
| (2) | The chairperson of the Consultative Council of Operating Agencies shall be appointed by the Minister of Economy and Finance from among the members in general service of the Senior Executive Service who are in charge of operating and managing the integrated subsidy management networks. |
| (3) | The term of office of a council member referred to in paragraph (1) 5 shall be three years: Provided, That the term of office of the member who is newly commissioned following the resignation, etc. of a member shall be the remainder of the predecessor’s term of office. |
| (4) | The person who appoints a council member pursuant to paragraph (1) 1 or 2 may cancel the appointment where the council member falls under any of the following cases: |
| 1. | Where he or she becomes unable to perform his or her duties due to mental disorder; |
| 2. | Where there exist any corruption or illegality related to his or her duties as a member; |
| 3. | Where it is deemed that he or she is deemed not to be appropriate as a member due to his or her neglect of duties, injury to dignity, or other grounds; |
| 4. | Where he or she himself/herself declares that it is difficult to perform his or her duties as a member. |
| (5) | Where a member referred to in paragraph (1) 5 falls under any subparagraph of paragraph (4), the Minister of Economy and Finance may dismiss the relevant member. |
| (6) | The Consultative Council of Operating Agencies shall deliberate on the following matters: |
| 2. | Matters concerning liking the systems in each subparagraph of Article 26-8 (1) of the Act to the integrated subsidy management networks; |
| 4. | Major matters concerning operating the integrated subsidy management networks including their maintenance and improvement; |
| 5. | Other matters recognized by the chairperson of the Consultative Council of Operating Agencies as necessary. |
| (7) | Meetings of the Consultative Council of Operating Agencies shall be comprised of the chairperson, members referred to in paragraph (1) 1 and 4, and not more than 25 members who are designated by the chairperson at every meeting. |
| (8) | A meeting of the Consultative Council of Operating Agencies shall be convened with a majority of the constituents prescribed in paragraph (7) and a resolution shall be made by a majority of the members present. |
| (9) | A working-level council may be established under the Consultative Council of Operating Agencies to pre-review agenda to be deliberated on and resolved at the meetings of the Consultative Council of Operating Agencies and to handle matters delegated by the Consultative Council of Operating Agencies. |
| (10) | Except as provided in paragraph (1) through (9), matters necessary for the organization and operation of the Consultative Council of Operating Agencies shall be prescribed by the Minister of Economy and Finance. |
[This Article Newly Inserted on May 8, 2017]
[Previous Article 11 moved to Article 10-3 <May 8, 2017>]
| Article 11-2 (Objects and Methods of Public Notification by Subsidy Program Operators, etc.) |
| (1) | “Subsidy program or indirect subsidy program, the scale of which is larger than that prescribed by Presidential Decree” in the main clause, with the exception of the subparagraphs, of Article 26-10 (1) of the Act means a subsidy program or an indirect subsidy program, the total amount of which is not less than ten million won in the same fiscal year: Provided, That where it is necessary to otherwise determine the scale of the programs subject to public notification in consideration of the characteristics of the subsidy programs or indirect subsidy programs, this means a subsidy program or an indirect subsidy program of an amount not less than that determined and publicly notified by the Minister of Economy and Finance. <Amended on May 8, 2017> |
| (2) | The person who implements a subsidy program or indirect subsidy program referred to in paragraph (1) shall publicly notify the matters under each subparagraph of Article 26-10 (1) of the Act within four months from the end date of the relevant fiscal year: Provided, That an audit and inspection report or a report related to audit and inspection referred to in Article 26-10 (1) 5 of the Act shall be publicly notified within one month from the date of submitting it. <Amended on May 8, 2017> |
| 1. | In cases falling under the latter part of Article 27 (2) of the Act, the results of verification of a statement of accounts referred to therein; |
| 2. | Financial statements and statements of accounts of subsidy program operators or indirect subsidy program operators; |
| 3. | Other matters determined and publicly notified by the Minister of Economy and Finance to enhance the transparency of subsidy programs or indict subsidy programs. |
| (4) | Where the head of a central government agency issues a corrective order to a subsidy program operator or an indirect subsidy program operator pursuant to Article 26-10 (2) of the Act, he or she shall do so in writing, specifying the content, period, etc. of such corrective order. <Amended on May 8, 2017> |
| (5) | Where a corrective order is issued pursuant to Article 26-10 (2) of the Act, the head of a central government agency may reduce the amount of a subsidy determined to be granted to a subsidy program operator or indirect subsidy program operator, who fails to comply with the corrective order under paragraph (4), for the relevant fiscal year within the extent of 50/100 of such subsidy. <Amended on May 8, 2017> |
[This Article Newly Inserted on Apr. 28, 2016]
| Article 12 (Reporting on Performance of Subsidy Programs) |
| (1) | Any subsidy program operator or indirect subsidy program operator shall submit a performance report on the subsidy program or indirect subsidy program pursuant to Article 27 (1) of the Act within two months (three months in cases of a subsidy program operator who is the head of a local government, or an indirect subsidy program operator) after the reasons for reporting the performance arise. |
| (2) | When submitting a performance report at the end of a fiscal year pursuant to Article 27 (1) of the Act, a subsidy program operator or an indirect subsidy program operator shall also submit an action plan for the subsidy program for the following fiscal year and thereafter, if details of the decision to grant the subsidies do not comply with such action plan. |
| (3) | "Standards prescribed by Presidential Decree" as referred to in Article 27 (3) of the Act means the following: <Newly Inserted on Sep. 29, 2020> |
| 1. | Where it is submitted after the lapse of three months: Reduction by not more than 10/100 from a subsidy (in cases of an indirect subsidy program operator, referring to a subsidy related to indirect subsidies; hereinafter the same shall apply hereafter in this paragraph) paid for the first time after the relevant report is submitted; |
| 2. | Where it is submitted overdue for at least six months: Reduction by not more than 20/100 of a subsidy paid for the first time after the relevant report is submitted; |
| 3. | Where it is submitted overdue for at least 12 months: Reduction by not more than 50/100 of a subsidy paid for the first time after the relevant report is submitted; |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 12-2 (Verification of Settlement Report) |
| (1) | A settlement report referred to in the former part of Article 27 (2) of the Act shall be prepared, in a manner definitely separating the detailed uses and the amount of the relevant subsidy or indirect subsidy returned after decision to grant it. |
| (2) | “Amount determined by Presidential Decree” in the latter part of Article 27 (2) of the Act means 300 million won which is the total amount of a subsidy or an indirect subsidy for the relevant subsidy program or indirect subsidy program: Provided, That where the subsidy program operator or indirect subsidy program operator is a public corporation or a quasi-government agency prescribed in Article 5 of the Act on the Management of Public Institutions and it is necessary to otherwise determine such amount in consideration of the characteristics of the relevant subsidy program or indirect subsidy program, the amount shall be determined and publicly notified by the Minister of Economy and Finance. |
| (3) | Where the auditor referred to in subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies (hereinafter referred to as an “auditor”) verifies the propriety of the settlement report pursuant to the latter part of Article 27 (2) of the Act, he or she shall verify whether or not the subsidy program operator or indirect subsidy program operator has used the subsidy or indirect subsidy properly in conformity with the original objective of granting it, and shall specify the result of such verification in a report related to audit and inspection. <Amended on Oct. 30, 2018> |
| (4) | Matters necessary for the formats, preparing methods, verification items, submission procedures, etc. of a statement of accounts submitted by a subsidy program operator or indirect subsidy program operator shall be prescribed by the Minister of Economy and Finance. |
[This Article Newly Inserted on Apr. 28, 2016]
| Article 12-3 (Selection of Auditor by Specific Program Operator) |
| (1) | A specific program operator referred to in the main clause of Article 27-2 (1) of the Act shall appoint an auditor within three months from the date of receipt of a notification of determination to grant a subsidy or indirect subsidy. |
| (2) | A specific program operator referred to in paragraph (1) shall submit an audit and inspection report prepared by the auditor to the head of the central government agency within four months from the end date of the relevant fiscal year. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for procedures for selecting auditors and detailed methods for preparing audit and inspection reports shall be prescribed by the Minister of Economy and Finance. |
[This Article Newly Inserted on Apr. 28, 2016]
| Article 13 (Return of Subsidies) |
| (1) | "Interest accrued due to any unavoidable cause prescribed by Presidential Decree" in the proviso of Article 31 (2) of the Act means any of the following interest: |
| 1. | Interest accrued from subsidies spent within one month of the date of receipt; |
| 2. | Interest accrued during the period in which a subsidy program is postponed due to a natural disaster or other grounds equivalent thereto; |
| 3. | Interest accrued during the period of improvement, where the method of implementing a subsidy program and other relevant matters need to be improved as a result of amendment of statutes after the granting of such subsidies: |
| 4. | Interest accrued from subsidies granted by the head of a central government agency on a regular basis, regardless of whether a local government's proposal is submitted; |
| 5. | Interest accrued, deemed unavoidable by the Minister of Economy and Finance in consideration of the characteristics of subsidy programs. |
| (2) | A subsidy program operator who intends to obtain approval to extend a deadline for the return of subsidies pursuant to Article 31 (3) of the Act shall apply for such approval of extension to the head of a relevant central government agency. |
| (3) | Where a subsidy program operator applies for approval of extension under paragraph (2), he or she shall submit a written application to the head of a relevant central government agency, along with documents stating the measures taken to attain the purposes of the granting of indirect subsidies related to his or her subsidy program, the reasons making it impractical to return the relevant subsidies, and other necessary references. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 13-2 (Requirements to Use Surplus Subsidies) |
| (1) | "Where the relevant local government's efforts have led to budget savings" in the former part of Article 31 (4) of the Act means any of the following cases: |
| 1. | Where a subsidy program cost is saved by using a new technology or method; |
| 2. | Where a subsidy program cost is saved by improving the scheduled process or implementation methods; |
| 3. | Where an ordinary expense is reduced by improving a routine work process; |
| 4. | Where a small amount of subsidy remains after the implementation of a subsidy program or where it is determined by the Minister of Economy and Finance. |
| (2) | Any of the following cases shall not be construed as a case where the relevant local government's efforts have led to budget savings pursuant to the former part of Article 31 (4) of the Act: |
| 1. | Where expenditure naturally decreases due to outside factors, such as change of foreign exchange rates, interest rate and public charges; |
| 2. | Where expenditure decreases due to the revocation or modification of an original plan; |
| 3. | Where expenditure decreases due to the difference between expected demand and real demand; |
| 4. | Where an unexpected change of circumstances occurs or where it is determined by the Minister of Economy and Finance. |
| (3) | "Other subsidy programs with similar purposes" in the former part of Article 31 (4) of the Act means any subsidy program falling under the same category of a national financial management plan, among programs subsidized by the head of the same central government agency. |
| (4) | "Programs prescribed by Presidential Decree, such as new programs" in the former part of Article 31 (4) of the Act means any of the following programs: |
| 2. | Non-subsidized programs listed in attached Table 2. |
| (5) | The head of a local government shall develop a plan, including subject matter, amount (excluding ordinary expenses not directly related to the implementation of a subsidy program), timing, etc. of the use of the unreturned surplus under Article 31 (4) of the Act (hereafter in this Article, referred to as "surplus"), and notify the head of the relevant central government agency of the use plan. |
| (6) | In principle, surplus shall be used in the year in which such surplus occurs: Provided, That if it is impracticable to use the surplus in the relevant year, the specific timing for use shall be included in the plan developed under paragraph (5). |
| (7) | Documents stating the use of the surplus under the latter part of Article 31 (4) of the Act shall include the following matters: |
| 1. | The reason why surplus occurs and the basis for calculating the surplus; |
| 2. | Purposes and specifications of a subsidy program for which surplus is used, and the amount allocated for execution; |
| 3. | Other matters determined by the head of a relevant central government agency. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 13-3 (Standards, Methods, and Procedures for Excluding Persons from Those Eligible to Implement Subsidy Programs) |
| (1) | Standards for excluding a person from those eligible to implement a subsidy program or indirect subsidy program and for restricting the granting of a subsidy or indirect subsidy under the main clause, with the exception of the subparagraphs, of Article 31-2 (1) of the Act shall be as specified in attached Table 5. <Newly Inserted on Dec. 14, 2021> |
| (2) | Standards for restricting the payment of a subsidy or indirect subsidy to a subsidy recipient under Article 31-2 (2) of the Act shall be as specified in attached Table 6. <Newly Inserted on Dec. 14, 2021> |
| (3) | Standards for excluding a contracting business entity, etc. that engage in illegal receipt from those eligible to implement a subsidy program or indirect subsidy program under Article 31-2 (3) of the Act shall be as specified in attached Table 7. <Newly Inserted on Dec. 14, 2021> |
| (4) | Where the head of a central government agency determines to exclude a subsidy program operator, etc. or a contracting business entity, etc. that engage in illegal receipt under Article 31-2 (3) of the Act (hereafter in this Article referred to as "subsidy program operator or contracting business entity, etc.") from those eligible to implement a subsidy program or indirect subsidy program or to restrict the granting or payment of a subsidy or indirect subsidy to them pursuant to paragraphs (1) through (3) of that Article, he or she shall immediately register the following matters in the integrated subsidy management network: <Amended on May 8, 2017; Dec. 14, 2021> |
| 1. | Names, trade names, resident registration numbers, addresses, business registration numbers, and license or registration numbers under the relevant statutes or regulations of the subsidy program operator or contracting business entity, etc. (where the subsidy program operator or contracting business entity, etc. are corporations, referring to the names and resident registration numbers of their representatives, and their corporate names and corporate registration numbers); |
| 2. | Detailed grounds for excluding the subsidy program operator or contracting business entity, etc. from those eligible to implement a subsidy program or indirect subsidy program or for restricting the granting or payment of a subsidy or indirect subsidy to them; |
| 3. | Other matters determined by the Minister of Economy and Finance to facilitate exclusion from those eligible to implement a subsidy program or indirect subsidy program or restrictions on the granting or payment of a subsidy or indirect subsidy. |
| (5) | Where the head of a central government agency excludes any subsidy program operator or contracting business entity, etc. from those eligible to implement a subsidy program or indirect subsidy program under his or her jurisdiction or restricts the granting or payment of a subsidy or indirect subsidy to them, he or she shall inform the Committee of such fact. <Amended on Dec. 14, 2021> |
| (6) | The head of a central government agency shall verify the resident registration numbers, corporate registration numbers, license or registration numbers under the relevant statutes or regulations, etc. of a subsidy program operator or contracting business entity, etc. subject to exclusion from those eligible to implement a subsidy program or indirect subsidy program or restrictions on the granting or payment of a subsidy or indirect subsidy when determining whether to grant a subsidy, in order to prevent the subsidy program operator or contracting business entity, etc. from participating in a subsidy program or indirect subsidy program by changing their trade names or representatives or using other means. <Amended on Dec. 14, 2021> |
| (7) | Except as provided in paragraphs (4) through (6), specific matters regarding the details, procedures, etc. with regard to notification of either exclusion from those eligible to implement a subsidy program or indirect subsidy program or restrictions on the granting or payment of a subsidy or indirect subsidy shall be determined and publicly notified by the Minister of Economy and Finance. <Amended on Dec. 14, 2021> |
[This Article Newly Inserted on Apr. 28, 2016]
[Title Amended on Dec. 14, 2021]
| Article 14 (Notification of Order to Return Subsidies) |
Where a subsidy program operator or an indirect subsidy program operator orders a subsidy recipient to return a subsidy or an indirect subsidy pursuant to Article 33 (1) of the Act, he or she shall notify the head of the relevant central government agency of the relevant subsidy program or indirect subsidy program of such fact, in writing, including the following matters, within ten days for the date the order is issued: | 1. | The name, trade name, age, and address (in cases of a corporation, referring to the name, age, and address of the representative and the name and address of the corporation) of the subsidy recipient who is issued the order to return subsidies; |
| 2. | Detailed grounds for the order to return subsidies; |
| 3. | Amount of the subsidy or indirect subsidy to be returned by the subsidy recipient who is issued such order; |
| 4. | Other matters the head of the central government agency deems necessary to execute the return of the subsidy or indirect subsidy. |
[This Article Wholly Amended on Apr. 28, 2016]
| Article 14-2 (Standards for Imposing and Collecting Additional Monetary Sanction) |
| (1) | Standards for imposing an additional monetary sanction under the main clause, with the exception of the subparagraphs, of Article 33-2 (1) of the Act (hereinafter referred to as an “additional monetary sanction”) shall be as specified in attached Table 8. <Amended on May 8, 2017; Dec. 14, 2021> |
| (2) | “Circumstances prescribed by Presidential Decree, such as where a fine, minor fine, confiscation, additional collection, penalty surcharge, or administrative fine is imposed” in the proviso, with the exception of the subparagraphs, of Article 33-2 (1) of the Act means circumstances where a fine, minor fine, confiscation, additional collection, penalty surcharge, or administrative fine (hereafter referred to as an “administrative fine, etc.” in this Article) prescribed in the Act or any other Act is imposed on the subsidy program operator, etc. due to any reason, such as unjust receipt of a subsidy or an indirect subsidy. |
| (3) | The head of a central government agency shall ensure that the aggregate of a fine, etc. and an additional monetary sanction does not exceed five times the total amount of a subsidy or indirect subsidy to be returned. |
| (4) | “Cases prescribed by Presidential Decree” in Article 33-2 (3) 5 means cases where the cost incurred in imposing and collecting an additional monetary sanction is deemed to exceed the amount of an additional monetary sanction intended to be imposed and collected. |
| (5) | Where the head of a central government agency imposes and collects an additional monetary sanction from a subsidy program operator, etc. pursuant to Article 33-2 (1) of the Act, he or she shall clarify the amount of the additional monetary sanction, together with the type of violation and inform the subsidy program operator, etc. to pay such amount, in writing. |
| (6) | A subsidy program operator, etc. in receipt of a notification referred to in paragraph (5) shall pay the additional monetary sanction to a collecting agency determined by the head of the central government agency within 30 days from the date of receiving it: Provided, That where it is unable to pay it within such period due to any unavoidable cause, such as an act of God, wartime or an accident, it shall be paid within seven day from such circumstance ceases to exist. |
| (7) | The collecting agency in receipt of an additional monetary sanction pursuant to paragraph (6) shall issue a receipt to the person who pays the additional monetary sanction and promptly notify the head of the central government agency of the fact of receiving it, in writing. |
| (8) | The amount of the additional dues referred to in Article 33-2 (4) of the Act shall be calculated according to the following classifications: |
| 1. | In cases of paying it within one month after the period of payment expires: Amount equivalent to 2/100 of the unpaid amount: Provided, That such amount shall be that equivalent to 1/100 thereof in cases of paying it within one week after the payment period expires; |
| 2. | In cases of paying it later than one month after the period of payment expires: Amount calculated by adding the additional dues referred to in the main clause of subparagraph 1 to the additional dues equivalent to 1/100 of the unpaid amount each time one month elapses from the date on which one month elapses after the period of payment expires. |
| (9) | Except as provided in paragraphs (1) through (8), detailed matters concerning the imposition and collection of additional monetary sanctions and additional dues shall be determined by the Minister of Economy and Finance. |
[This Article Newly Inserted on Apr. 28, 2016]
| Article 15 (Property Whose Disposal is Restricted) |
| (1) | "Important property prescribed by Presidential Decree" in Article 35 (1) of the Act means any of the following property (hereafter in this Article referred to as "important property"): <Amended on Jan. 5, 2021> |
| 1. | Real estate and appurtenances attached thereto; |
| 2. | Ships, buoys, floating piers (referring to structures floating on water, to which ships are tied up or which enable ships to access wharves), floating docks (referring to floating facilities where ships are built or repaired or where ships load and unload cargo), and appurtenance attached thereto; |
| 4. | Other property deemed specifically necessary by the head of a central government agency to attain the purposes of the granting of subsidies. |
| (2) | Each subsidy program operator or indirect program operator shall record the current value and valuation of any important property specified by the Minister of Economy and Finance in an accounting book pursuant to Article 35 (1) of the Act, and report it to the head of the relevant central government agency or the head of the relevant local government on a semiannual basis, along with the documents concerning the relevant subsidy program determined by the head of the said agency or government. |
| (3) | The head of a central government agency and the head of a local government shall publicly announce the current status of important property pursuant to Article 35 (2) of the Act by posting it on the website, etc. of the relevant agency or government. |
| (4) | Where the head of a central government agency orders a subsidy program operator or an indirect subsidy program operator to return a subsidy or an indirect subsidy pursuant to Article 35 (4) of the Act, he or she shall clarify the amount to be returned and the details of the calculation and notify that the subsidy program operator or indirect subsidy program operator shall pay such amount. <Newly Inserted on Apr. 28, 2016> |
| (5) | Where the head of a central government agency calculates the amount referred to in Article 35 (4) 2 and 3 of the Act, if the current amount of the important property reported by a subsidy program operator or an indirect subsidy program operator is deemed subsequently below the current value calculated in consideration of market conditions, etc., he or she shall have an appraisal and assessment corporation assess the current value of the relevant important property. In such cases, the cost incurred in calculating the current value of the important property may be borne by the relevant subsidy program operator or indirect program operator. <Newly Inserted on Apr. 28, 2016> |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 16 (Unrestricted Disposal of Property) |
In any of the following cases, activities under the proviso, with the exception of the subparagraphs, of Article 35 (3) of the Act may be allowed without approval from the head of a central government agency: | 1. | Where a subsidy program operator returns to the State, the full amount of subsidies, in compliance with Article 18 (2) of the Act; |
| 2. | Where a period determined by the head of a central government agency in consideration of the purposes of the granting of subsidies and durable years of the relevant property has passed; |
| 3. | Where a local government acquires the relevant property with subsidies or indirect subsidies: Provided, that if it is intended to dispose of the property, the period under subparagraph 2 for which has not passed, a subsidy program operator or an indirect subsidy program consults with the head of the relevant central government agency. |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 17 (Delegation of Duties) |
The head of a central government agency shall delegate to the head of a government agency under his or her jurisdiction or to the head of a local government the following duties prescribed and publicly announced by the head of the relevant central government agency:
| 4. | Receipt of a performance report on a subsidy program or an indirect subsidy program referred to in Article 27 (1) of the Act; |
| 5. | Review of performance of a subsidy program and determinations of final amounts of subsidies referred to in Article 28 of the Act; |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 17-2 (Methods for Publishing List of Names) |
| (1) | “Matters prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 36-2 (1) of the Act means the following: |
| 1. | Names, trade names, ages and addresses (in cases of a corporation, referring to the name, age, address of the representative, and the name and address of the corporation) of subsidy program operators, etc. subject to publication; |
| 2. | Contents of violations of subsidy program operators, etc. subject to publication; |
| 3. | Details concerning the return of subsidies and the imposition of additional monetary sanctions, due to violations committed by subsidy program operators, etc.; |
| 4. | Matters the deliberative committee on the publication of the list of names of fraudulent recipients of subsidies referred to in Article 36-2 (2) of the Act (hereinafter referred to as the “deliberative committee”) deems necessary for securing the effectiveness of publications. |
| (2) | The head of a central government agency shall display the matters referred to in each subparagraph of paragraph (1) on its website for one year: Provided, That if any violation committed by a subsidy program operator, etc. is deemed serious, the head of the central government agency may extend the period of display within one year through a deliberation by the deliberative committee. |
| (3) | Where the head of a central government agency intends to make publication pursuant to Article 36-2 (1) of the Act, he or she shall notify, in writing, the persons included in the list of names to be published of the matters referred to in each subparagraph of paragraph (1) so as to provide them an opportunity to submit explanatory materials or state his or her opinions. |
| (4) | “Circumstances prescribed by Presidential Decree, such as where the publication is hardly effective or inappropriate due to the death of a person included in the list to be published” in Article 36-2 (3) of the Act means any of the following cases: |
| 1. | Where a person included in the list of names to be published is dead; |
| 2. | Where a person included in the list of names to be published is judicially declared disappeared pursuant to Article 27 of the Civil Act; |
| 3. | Other cases recognized through a deliberation at the deliberative committee on publication that there is no advantage in publishing the list of names. |
[This Article Newly Inserted on Apr. 28, 2016]
| Article 17-3 (Composition and Operation of Deliberative Committee) |
| (1) | The deliberative committee shall be comprised of not more than nine members, including one chairperson. |
| (2) | The Vice Minister of the relevant central government agency (referring to the vice head of the central government agency where there is no Vice Minister in such central government agency) shall be the chairperson of the deliberative committee. In such cases, the Vice Minister nominated by the head of the relevant central government agency shall be the chairperson if there are more than two Vice Ministers in such agency. |
| (3) | The committee members shall be appointed or commissioned by the head of the relevant central government agency in consideration of their gender, etc., from among the following persons: |
| 1. | Not more than three public officials belonging to the Senior Executive Service of the relevant central government agency; |
| 2. | Not more than five civil experts with abundant professional knowledge and experience in subsidy programs. |
| (4) | The term of office of the members commissioned by the head of a central government agency pursuant to paragraph (3) 2 shall be three years. |
| (5) | The meeting of the deliberative committee shall be duly formed to open with the presence of a majority of the members and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | Article 6-3 (3) shall apply mutatis mutandis to the removal and dismissal of the members of the deliberative committee. In such cases, the ”Minister of Economy and Finance” shall be construed as the “head of the relevant central government agency.” <Amended on Dec. 14, 2021> |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the deliberative committee shall be determined by the head of the relevant central governmental agency though a resolution made by the deliberative committee. |
[This Article Newly Inserted on Apr. 28, 2016]
| Article 18 (Payment of Monetary Rewards) |
| (1) | If a report or an accusation is filed pursuant to Article 39-2 (1) of the Act, the head of a central government agency shall determine whether a monetary reward will be granted after verifying the details of the report or accusation, and shall give notice thereof to the informant or complainant. In such cases, notice to the informant or complainant shall be given after an order to return subsidies has been issued pursuant to Article 31 (1) of the Act. <Amended on Apr. 28, 2016; Jan. 29, 2020> |
| (2) | The head of a central government agency shall pay a monetary reward to an informant or complainant within 60 days after giving notice under the former part of paragraph (1) and its payment standard shall be within 30 percent of the amount ordered to be returned: Provided, That where it is necessary to pay a reward other than the rewards specified in the main clause (hereinafter referred to as "originally reported rewards" in this paragraph) in consideration of the contribution of the informant or the complainant, the rewards may be paid in accordance with the following table: <Amended on Jan. 29, 2020> |
| Classifications | Payment Standards | | Where it is necessary to pay a reduction from the originally reported reward | At least 20 percent or less than 30 percent of the amount ordered to return shall be paid. | | When it is necessary to pay in excess of the originally reported reward (limited to less than five million won) | The head of the central government agency determines the minimum amount of rewards that need to be paid (hereinafter referred to as "minimum payment"), and the minimum payment amount shall be paid only when the originally reported reward is less than the minimum payment amount. In such cases, the minimum payment limit shall five million won. |
|
| (3) | After a report or an accusation has been filed pursuant to Article 39-2 (1) of the Act, no monetary reward shall be paid to a person who files a report or an accusation on the same content; and if at least two persons file a joint report or accusation, a monetary reward shall be paid to a designated representative. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for standards, methods, procedures, etc. for the payment of monetary rewards shall be determined by the Minister of Economy and Finance. |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 19 (Processing of Personally Identifiable Information) |
The head of a central government agency (where the relevant authority is delegated, the person delegated with such authority is included) or the head of a local government may, if inevitable to perform the following affairs, process data containing resident registration numbers, passport numbers or foreigner registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on May 8, 2017> | 1. | Affairs concerning the establishment, operation and management of the integrated subsidy management network, and the management of subsidies by using such network; |
| 4. | Affairs concerning withdrawal of subsidies from subsidy recipients referred to in Article 33 of the Act; |
| 5. | Affairs concerning the imposition and collection of additional monetary sanctions and additional dues referred to in Article 33-2 of the Act; |
[This Article Newly Inserted on Apr. 28, 2016]
ADDENDUM <Presidential Decree No. 12128, Apr. 3, 1987>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 12400, Feb. 24, 1988>
This Decree shall enter into force on the date of its promulgation, but it shall take effect on January 1, 1988.
ADDENDA <Presidential Decree No. 13063, Aug. 8, 1990>
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. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 15188, Dec. 31, 1996>
This Decree shall enter into force on the date of its promulgation, but it shall begin to take effect from the 1997 budget.
ADDENDUM <Presidential Decree No. 15265, Feb. 1, 1997>
| (1) | (Enforcement Date) This Decree shall enter into force on February 1, 1997. |
ADDENDA <Presidential Decree No. 15703, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16523, Aug. 7, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16682, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2000.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16923, Jul. 27, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17057, Dec. 29, 2000>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability) This Decree shall take effect, beginning with the budget for fiscal year 2000. |
ADDENDUM <Presidential Decree No. 19030, Aug. 31, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19481, May 22, 2006>
This Decree shall enter into force on the date of its promulgation.
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. 20003, Apr. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20491, Dec. 28, 2007>
This Decree shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 20548, Jan. 15, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2008.
Articles 2 and 3 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. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 20989, Sep. 8, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21277, Jan. 28, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21450, Apr. 30, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22831, Apr. 4, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 Omitted.
Article 3 (Relationship to other Statutes)
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23842, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 25114, Jan. 28, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25781, Nov. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25918, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26428, Jul. 24, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27113, Apr. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 29, 2016: Provided, That the amended provisions of Article 11-2 shall enter into force on June 1, 2017. Article 2 (Applicability to Notification of Order to Return Subsidy)
The amended provisions of Article 14 shall apply beginning from the first case where a subsidy program operator or indirect subsidy operator orders a subsidy recipient to return the subsidy or indirect subsidy after this Decree enters into force. Article 3 (Applicability to Basic Subsidy Rates, etc.)
The amended provisions of attached Table 1 concerning the scope of programs eligible for subsidies and their basic subsidy rates shall apply beginning from the fiscal year to which the enforcement date of this Decree belongs.
Article 4 (Transitional Measures concerning Monetary Rewards for Reporting)
Notwithstanding the amended provisions of Article 18 (1) and (2), the former provisions thereof shall govern where a reporting or accusation of any violation committed before this Decree enters into force is filed with the relevant administrative agency or investigation agency. Article 5 Omitted.
Article 6 (Relation with other Statutes)
References in other Acts and subordinate statutes to the former provisions at the time this Decree enters into force shall be deemed to refer to the provisons corresponding to such former provisions in this Decree, if there are any such corresponding provisions in this Decree.
ADDENDA <Presidential Decree No. 27427, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27543, Oct. 18, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Article 2 (Applicability Concerning Deposit of Subsidies)
The amended provisons of Article 7-2 shall apply beginning from the first case where a subsidy or an indirect subsidy is granted after this Decree enters into force.
ADDENDA <Presidential Decree No. 28011, May 8, 2017>
Article 1 (Enforcement Date)
Article 2 (Applicability to Basic Subsidy Rates)
The amended provisions of subparagraph 112 of attached Table 1 shall apply beginning from the fiscal year to which the enforcement date of this Decree belongs.
ADDENDUM <Presidential Decree No. 28696, Mar. 13, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 25 Omitted.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 29303, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Programs Eligible for Subsidies)
The amended provisions of subparagraph 81 of attached Table 2 shall apply from the fiscal year of 2019.
Article 3 (Transitional Measures concerning Programs Eligible for Subsidies)
Notwithstanding the amended provisions of subparagraph 81 of attached Table 2, the former provisions shall apply to the budget determined pursuant to subparagraph 81 of former attached Table 2, before this Decree enters into force, until December 31, 2018.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That Article 9 shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 30070, Sep. 10, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Projects Excluding Subsidies)
The amended provisions of subparagraphs 30, 35, 37, 41, and 132 through 134 of attached Table 2 shall apply from the fiscal year 2020.
Article 3 (Transitional Measures concerning Projects Excluding Subsidies)
In terms of the budget determined pursuant to the former provisions of subparagraphs 30, 35, 37, 41, and 132 through 134, the former provisions shall apply until December 31, 2019, notwithstanding the amended provisions of subparagraphs 30, 35, 37, 41, and 132 through 134 of attached Table 2.. The previous provisions shall apply until one day.
ADDENDA <Presidential Decree No. 30250, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Projects Subject to Subsidies)
The amended provisions of subparagraphs 5, 6, 12, 41, 44, 55, 64 70, 72, 96, 110 of attached Table 1 and subparagraphs 164 through 261 of attached Table 2 shall apply beginning with the fiscal year 2020.
Article 3 (Transitional Measures concerning Projects Subject to Subsidies)
In terms of the budget finalized pursuant to the former provisions of subparagraphs 5, 6, 12, 41, 44, 55, 64, 70, 72, 96, 109, and 110 of attached Table 1 before this Decree enters into force, the former provisions shall apply until December 31, 2019, notwithstanding the amended provisions of subparagraphs 5, 6, 12, 41, 44, 55, 64, 70, 72, 96, 109 and 110 of attached Table 1. .
ADDENDA <Presidential Decree No. 30360, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Monetary Rewards for Reporting)
Notwithstanding the amended provisions of Article 18 (2), the former provisions shall apply where a determination to pay a monetary reward has been made and the notification thereof has been made under the former part of Article 18 (1) before this Decree enters into force.
ADDENDA <Presidential Decree No. 30640, Apr. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2020.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 31055, Sep. 29, 2020>
This Decree shall enter into force on October 1, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 32221, Dec. 14, 2021>
This Decree shall enter into force on December 16, 2021.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32247, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022: Provided, That the following amended provisions shall enter into force on January 1, 2023:
| 1. | The amended provisions of subparagraphs 28, 52, 61, 64, 68, 105, and 107 of attached Table 1; |
| 2. | The amended provisions of subparagraphs 266, 268, 272 through 276, 286, 290, 295, 296, and 298 of attached Table 2. |
Article 2 (Applicability to Programs Eligible for Subsidies and Non-Subsidized Programs)
The following amended provisions shall begin to apply in the fiscal year specified in the relevant subparagraph:
| 1. | The following amended provisions: Fiscal year of 2022: |
| (a) | The amended provisions of subparagraphs 16, 57, 86, 95, 99, 106, 108, 118 of attached Table 1; |
| (b) | The amended provisions of subparagraphs 90, 108, 111, 262 through 265, 267, 269 through 271, 277 through 285, 287 through 289, 291 through 294, and 297 of attached Table 2; |
| 2. | The following amended provisions: Fiscal year of 2023: |
| (a) | The amended provisions of subparagraphs 28, 52, 61, 64, 68, 105, and 107 of attached Table 1; |
| (b) | The amended provisions of subparagraphs 266, 268, 272 through 276, 286, 290, 295, 296, and 298 of attached Table 2. |
ADDENDA <Presidential Decree No. 33231, Jan. 17, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Programs Eligible for Subsidies and Non-Subsidized Programs)
The amended provisions of attached Tables 1 and 2 shall begin to apply in the fiscal year in which the enforcement date of this Decree falls.