LICENSED CUSTOMS BROKER ACT

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LICENSED CUSTOMS BROKER ACT — 법갈피

Article 19(Customs Clearance Handling Corporation) #

(1) Any of the following persons, registered with the Commissioner of the Korea Customs Service as prescribed by Presidential Decree, may provide customs clearance services: <Amended on Jan. 1, 2014>

1. A corporation that engages in the business of providing transportation, storage, or loading and unloading services (hereafter in this Article referred to as “transportation services, etc.”);

2. A corporation, at least 50/100 of the capital of which is invested by a corporation referred to in subparagraph 1;

3. A general logistics company (hereafter in this Article referred to as "general logistics company") certified under Article 38 of the Framework Act on Logistics Policies, as prescribed by Presidential Decree.

(2) An entity which intends to be registered with the Commissioner of the Korea Customs Service under paragraph (1) shall meet all of the following requirements:

1. It shall have a capital of at least the amount prescribed by Presidential Decree;

2. It shall have facilities or equipment prescribed by Ordinance of the Ministry of Economy and Finance;

3. It shall meet other requirements for customs clearance services prescribed by Presidential Decree.

(3) If a person who has filed an application for registration fails to meet the requirements under paragraph (2), the Commissioner of the Korea Customs Service may reject such application for registration, and, if documents for a registration application are incomplete, he or she may request such person to supplement them within a fixed period.

(4) Articles 7 (3), 10-2, 12, 13, 13-2, 13-5, 14, and 16 shall apply mutatis mutandis to a corporation or general logistics company registered under paragraph (1) (hereinafter referred to as "customs clearance handling corporation, etc."). <Amended on Dec. 15, 2015; Mar. 2, 2016; Mar. 31, 2020; Jan. 6, 2022>

(5) A customs clearance handling corporation, etc. may provide clearance services only for the goods for which transportation services, etc. are entrusted by a third party to a customs clearance handling corporation, etc. or a corporation that has invested in a customs clearance handling corporation as defined in paragraph (1) 2. <Amended on Jan. 1, 2014>

(6) When a customs clearance handling corporation, etc. provides customs clearance services for the goods referred to in paragraph (5), it shall directly provide transportation services, etc. for the goods with its own facilities or equipment under paragraph (2) 2: Provided, That a customs clearance handling corporation, etc. is not required to directly provide transportation services, etc. with its own facilities or equipment under paragraph (2) 2 in cases prescribed by Presidential Decree as those where it is impracticable for a customs clearance handling corporation, etc. to directly provide transportation services, etc. for the goods referred to in paragraph (5) with its own facilities or equipment under paragraph (2) 2. <Newly Inserted on Jan. 1, 2014>

(7) A customs clearance handling corporation, etc. shall have at least one licensed customs broker in each office in which it intends to provide customs clearance services, as prescribed by Presidential Decree. <Amended on Jan. 1, 2014>

(8) Procedures for registration under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 1, 2014>

[This Article Wholly Amended on Apr. 8, 2011]

Article 27(Disciplinary Actions) #

(1) Where the head of the relevant customs office or the President of the Korea Customs Brokers Association recommends the Commissioner of the Korea Customs Service to take disciplinary action against a licensed customs broker falling under any of the following cases as prescribed by Presidential Decree, the Commissioner of the Korea Customs Service shall take disciplinary action against him or her by resolution of the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action: Provided, That the Commissioner of the Korea Customs Service may ex officio request the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action to resolve on disciplinary action against a licensed customs broker in cases falling under subparagraph 1: <Amended on Dec. 15, 2015>

1. Where he or she violates this Act or the Customs Act or fails to comply with an order issued under this Act or the Customs Act;

2. Where he or she violates the bylaws of the Korea Customs Brokers Association.

(2) Disciplinary action shall be classified as follows: <Amended on Dec. 15, 2015>

1. Revocation of registration;

2. Suspension of provision of services for up to two years;

3. Suspension of provision of part of the services for up to six months;

4. An administrative fine not exceeding 10 million won;

5. Reprimand.

(3) If the Commissioner of the Korea Customs Service requires a resolution on disciplinary action against a licensed customs broker, he or she shall notify the licensed customs broker thereof.

(4) No licensed customs broker who is notified of a request for a resolution on disciplinary action against him or her shall establish a joint office referred to in Article 9 (3) or a new office, nor employ other licensed customs broker or assistants until the Committee for licensed Customs Broker Qualification Deliberation and Disciplinary Action adopts a resolution thereon. <Amended on Dec. 15, 2015>

(5) Where a licensed customs broker falls under the subparagraphs of paragraph (1) and where his or her registration is revoked under Article 8 (1) 3 before the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action resolves on disciplinary action against him or her, the Commissioner of the Korea Customs Service may deny a registration pursuant to Article 7 for a specified period not exceeding five years following the resolution thereon by the Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action. <Newly Inserted on Dec. 15, 2015; Mar. 31, 2020>

(6) Disciplinary action under paragraph (1) may not be taken, nor may the registration referred to in paragraph (5) be denied after the elapse of three years from the date any cause for such disciplinary action or such denial arises. <Amended on Dec. 15, 2015>

(7) In imposing disciplinary action under paragraph (1), the Commissioner of the Korea Customs Service shall record and manage the results of disciplinary action including grounds for and details of the disciplinary action, whether the relevant person is a licensed customs broker resigned as public official and other matters prescribed by Presidential Decree. <Newly Inserted on Mar. 31, 2020>

[This Article Wholly Amended on Apr. 8, 2011]

Article 29(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who provides customs clearance services, in violation of Article 3 (1);

2. A person who discloses any confidential information, in violation of Article 14 (including cases to which the aforesaid Article shall apply mutatis mutandis under Articles 17-13 (1) or 19 (4)).

(2) Any person who intentionally engage in any conduct interfering with, or exerting any undue influence on, an examination for licensed customs brokers in violation of Article 6-3 (2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Newly Inserted on Jan. 6, 2022>

(3) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Feb. 1, 2014; Jan. 5, 2021; Jan. 6, 2022>

1. A person who violates Article 3 (2) and (3);

2. A person who provides customs clearance services without being registered as a licensed customs broker in violation of Article 7;

3. A person who allows any other person to use his or her name in violation of Article 12 (1) and (2) (including as applied mutatis mutandis pursuant to Articles 17-13 (1) and 19 (4)) and a person who borrows such name;

4. Any person who arranges the lending of a name, etc., in violation of Article 12 (3) (including as applied mutatis mutandis pursuant to Articles 17-13 (1) and 19 (4));

5. Any person who delivers customs clearance services, in violation of Article 13-6;

6. A person who uses any similar name, in violation of Article 25 (1);

7. A person who gives any indication or places an advertisement misleading any person to believe that the person conducts customs clearance services directly, in violation of Article 25 (2).

(4) Any of the following persons shall be punished by a fine not exceeding two million won: <Amended on Jan. 1, 2014; Jan. 6, 2022>

1. A person who establishes an office, in violation of Article 9 (1) or (3) or Article 17-8 (2) or (3);

2. Deleted; <Jan. 6, 2022>

3. A person who violates Article 15;

4. A person who violates Article 17-10;

5. A person who provides customs clearance services in violation of Article 19 (5) or (6);

6. A person who violates Article 27 (4).

[This Article Wholly Amended on Apr. 8, 2011]

LICENSED CUSTOMS BROKER ACT

Article 1(Purpose) #

Article 1-2(Mission of Licensed Customs Brokers) #

Article 2(Services of Licensed Customs Brokers) #

Article 3(Restrictions on Customs Clearance Services) #

Article 4(Qualifications of Licensed Customs Brokers) #

Article 5(Grounds for Disqualification) #

Article 6(Examination for Licensed Customs Brokers) #

Article 6-2(Exemption from Part of Examination) #

Article 6-3(Sanctions against Cheaters) #

Article 6-4(Committee for Licensed Customs Broker Qualification Deliberation and Disciplinary Action) #

Article 7(Registration) #

Article 7-2(Rejection of Registration) #

Article 8(Revocation of Registration) #

Article 8-2(Cooperation among Relevant Agencies to Identify Grounds for Disqualification) #

Article 9(Establishment of Office) #

Article 10 #

Article 10-2(Signatures and Seals) #

Article 11(Fees) #

Article 12(Prohibition against Lending of Name) #

Article 13(Maintenance of Dignity and Duty of Good Faith) #

Article 13-2(Prohibition of Offering Money or Valuables and Similar Conduct) #

Article 13-3(Education of Licensed Customs Brokers) #

Article 13-4(Reporting on Service Performance) #

Article 13-5(Prohibition on Advertising Ties with Other Persons) #

Article 13-6(Restrictions on Acceptance of Cases) #

Article 14(Confidentiality) #

Article 15(Prohibition against Concurrently Serving as Public Official or Conducting Business for Profit) #

Article 15-2(Duty to Comply with Bylaws) #

Article 16(Guarantee of Liability for Damage) #

Article 17(Customs Service Corporation) #

Article 17-2(Registration of Customs Service Corporations) #

Article 17-3(Members) #

Article 17-4(Capital) #

Article 17-5(Damage Reserves) #

Article 17-6(Restrictions on Investments in Different Corporations) #

Article 17-7(Names) #

Article 17-8(Offices) #

Article 17-9(Method of Providing Services) #

Article 17-10(Prohibition against Provision of other Competitive Services) #

Article 17-11(Dissolution) #

Article 17-12(Reporting Amendments to Articles of Incorporation) #

Article 17-13(Provisions Applicable Mutatis Mutandis) #

Article 18(Revocation of Registration) #

Article 19(Customs Clearance Handling Corporation) #

Article 20(Revocation of Registration) #

Article 21(Establishment of Korea Customs Brokers Association) #

Article 21-2(Training for Members) #

Article 21-3(Consultation on Business Affairs) #

Article 21-4(Disclosure of Information) #

Article 22(Supervision of the Korea Customs Brokers Association) #

Article 23 #

Article 24(Hearings) #

Article 24-2(Notification and Public Announcement on Revocation of Registration) #

Article 25(Prohibition against Use of Similar Names) #

Article 26(Delegation and Entrustment) #

Article 26-2(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 27(Disciplinary Actions) #

Article 28 #

Article 29(Penalty Provisions) #

Article 30(Joint Penalty Provisions) #

Article 31(Administrative Fines) #

Article 32(Investigations and Dispositions) #