Article 1(Purpose) #
The purpose of this Act is to establish a public capital Management Fund in order to manage surplus funds such as funds in an integrated manner, to utilize them for public purposes, such as treasury loans, to efficiently manage the issuance, repayment, etc. of State bonds, and to prescribe matters necessary for the management and operation thereof.
[This Article Wholly Amended on Apr. 8, 2011]
Article 1-2(Definitions) #
The terms used in this Act shall be defined as follows: <Amended on Mar. 31, 2020>
1. The term "loan" means the Government lending funds for the purpose of improving national welfare and providing support for major industries;
2. The term "treasury loan fund" means funds introduced by the Government as a borrower in accordance with a public loan agreement entered into with an international economic cooperation organization, foreign government, or foreign corporation (hereinafter referred to as "public loan agreement"), and funds generated from the management thereof.
[This Article Wholly Amended on Apr. 8, 2011]
Article 2(Establishment of fund) #
The Government shall establish a public capital Management Fund to secure and provide necessary funds for public purposes, such as treasury loans, and to efficiently manage the issuance, repayment, etc. of State bonds (hereinafter referred to as the "Management Fund").
[This Article Wholly Amended on Apr. 8, 2011]
Article 2-2(Classification of accounts of Management Fund) #
The Management Fund shall be classified into an omnibus account, treasury loan account, and loan account.
[This Article Wholly Amended on Apr. 8, 2011]
Article 3(Funding sources and purposes of omnibus account) #
(1) The omnibus account shall be funded with the following resources:
1. Funds deposited pursuant to Article 6 or transferred from other accounts of the Management Fund (hereinafter referred to as "deposit received");
2. Money transferred from other accounts and funds or other accounts of the Management Fund;
3. Contributions from general accounting;
4. Principal and interest on funds transferred to other accounts and funds or other accounts of the Management Fund (hereinafter referred to as "deposit");
5. Principal and interest on securities, including State bonds, municipal bonds or bonds issued in accordance with a special Act by a corporation established under the relevant special Act (hereinafter referred to as "State and municipal bonds");
6. Proceeds from the issuance of State bonds;
7. Net budget surplus;
8. Commission revenues from bearing guarantee obligations under Article 92 of the National Finance Act (hereinafter referred to as "guarantee obligation");
9. Claims received as a result of the exercise of indemnity rights to guarantee obligation, if fulfilled;
10. Other profits from management of the omnibus account.
(2) The omnibus account shall be managed for the following purposes:
1. Deposit to other accounts or funds;
2. Deposits into other accounts of the Management Fund;
3. Transfers to other accounts of the Management Fund;
4. Acquisition or purchase of securities, including State or municipal bonds, etc.;
5. Repayment of principal and interest on State bonds;
6. Repayment of principal and interest on deposits received;
7. Performance of guaranteed obligation;
8. Expenses incurred in managing State bonds;
9. Other purposes prescribed by Presidential Decree as necessary to create, operate, or manage omnibus accounts.
[This Article Wholly Amended on Apr. 8, 2011]
Article 4(Funding sources and purposes of treasury loan account) #
(1) The treasury loan account shall be funded with the following resources:
1. Deposits received (excluding funds deposited pursuant to Article 6; hereafter the same shall apply in this Article);
2. Money transferred from general accounting or other accounts of the Management Fund;
3. Principal and interest on counterpart funds;
4. Principal and interest on amount loaned;
5. Principal and interest on deposits (limited to deposits to other accounts of the Management Fund, but including deposits received from other accounts or other funds by the treasury loan account under the former Act on the Special Accounts for Treasury Loans (referring to the same Act before it is repealed by amended Act (Act No. 8135) of the Public Capital Management Fund Act; the same shall apply hereinafter) on or before December 31, 2006);
6. Principal and interest on State or municipal bonds (limited to those held in the treasury loan account under the former Act on the Special Accounts for Treasury Loans on or before December 31, 2006);
7. Other management profits in the treasury loan account.
(2) The treasury loan account shall be managed for the following purposes:
1. Treasury loans for projects eligible for treasury loans;
2. Repayment of principal and interest on deposit received;
3. Deposit to other accounts of the Management Fund;
4. Transfer to other accounts of the Management Fund;
5. A variety of expenses incurred in managing the treasury loan account.
[This Article Wholly Amended on Apr. 8, 2011]
Article 5(Funding sources and purposes of loan account) #
(1) The loan account shall be funded with the following resources:
1. Treasury loan funds;
2. Deposits received (excluding funds deposited pursuant to Article 6; hereafter the same shall apply in this Article);
3. Money transferred from other accounts of the Management Fund;
4. Principal and interest on deposits;
5. Other management profits in the loan account.
(2) The loan account shall be managed for the following purposes:
1. Repayment of principal and interest on treasury loans (including various charges);
2. Deposits into other accounts of the Management Fund;
3. Transfers to other accounts of the Management Fund;
4. Repayment of principal and interest on deposit received;
5. Other expenses incurred in managing the loan account.
[This Article Wholly Amended on Apr. 8, 2011]
Article 5-2(Management of treasury loan fund) #
(1) The treasury loan fund shall be managed in accordance with a public loan agreement.
(2) The scope of money deposited into other accounts of the Management Fund from the loan account shall not exceed the amount calculated by subtracting, from the estimated amount of revenues for each fiscal year, an estimated amount of repayment of principal and interest and expenses incurred in managing the relevant funds.
[This Article Wholly Amended on Apr. 8, 2011]
Article 6(Deposit to Management Fund) #
(1) Each manager of any of the following accounts, deposits, accounting, or funds (hereinafter referred to as "funds, etc.") may deposit surplus funds to the Management Fund, notwithstanding the Acts relating to the establishment of the relevant funds, etc.:
1. Account for management of national funds under Article 34 (6) of the Management of the National Funds Act;
2. Postal savings under the Postal Savings and Insurance Act;
3. Special accounting;
4. Funds under Article 5 of the National Finance Act.
(2) The Minister of Economy and Finance may request each manager of funds, etc. to deposit surplus funds to the Management Fund. <Amended on Oct. 1, 2025>
(3) The grounds based on which the Minister of Economy and Finance may request deposit from any manager of funds, etc. under paragraph (2) and the scope of funds, etc. shall be prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Apr. 8, 2011]
Article 7(Term of deposits and interest rates) #
(1) The term of deposit received shall be at least one month.
(2) With respect to deposits received, interest shall, in principle, be paid at the rate prescribed by the Committee for Management of Public Capital Management Fund under Article 10, based on the level of the interest rates on State or municipal bonds issued at the market interest rate in the open market, return on the management of financial assets, etc. of the funds, etc.; provided, the Committee for Management of Public Capital Management Fund may specify separate interest rates on deposit received, taking into account the characteristics of the funds, etc. and soundness of the Management Fund.
(3) If money deposited by funds, etc. is repaid in response to a request for repayment under Article 15 before the expiration of the term of deposit, with respect to such amount for early repayment, interest may be paid at a rate lower than that prescribed in paragraph (2), as prescribed by the Committee for Management of Public Capital Management Fund.
[This Article Wholly Amended on Apr. 8, 2011]
Article 8(Management and operation of Management Fund) #
(1) The Management Fund shall be managed and operated by the Minister of Finance and Economy. <Amended on Oct. 1, 2025>
(2) The Minister of Economy and Finance may entrust administrative affairs for the management and operation of the Management Fund to the Governor of the Bank of Korea established under the Bank of Korea Act (hereinafter referred to as the "Bank of Korea"), as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
(3) The Minister of Economy and Finance may, if surplus funds arise in the course of operating the Management Fund, manage such surplus by purchasing government or public bonds or other securities, or by depositing or lending the funds to financial institutions. <Amended on Oct. 1, 2025>
(4) Matters necessary for the management and operation of the Management Fund or each account thereof other than those prescribed in paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 8, 2011]
Article 9(Plan for managing Management Fund) #
(1) The Minister of Economy and Finance shall establish a plan for managing the Management Fund under Article 66 of the National Finance Act (hereinafter referred to as "plan for managing the Management Fund") for each fiscal year. <Amended on Apr. 8, 2011; Oct. 1, 2025>
(2) When the Minister of Economy and Finance formulates a plan for managing the Management Fund, he or she shall hear the opinions of managers of funds, etc. or other interested parties. <Amended on Apr. 8, 2011; Oct. 1, 2025>
(3) Deleted. <Dec. 30, 2006>
(4) The Minister of Economy and Finance may request any manager of funds, etc. to submit data related to the current status of the management of surplus funds, if necessary for formulating the plan for managing the Management Fund. <Amended on Apr. 8, 2011; Oct. 1, 2025>
(5) Where the head of a central government agency managing accounting or fund intends to receive a deposit from the Management Fund, he or she shall submit a request for deposit for the following fiscal year to the Minister of Economy and Finance no later than May 31 of each year. <Amended on Apr. 8, 2011; Oct. 1, 2025>
(6) The head of a central government agency intending to execute a project by borrowing loans from the treasury loan account of the Management Fund shall file an application for loan for the following fiscal year with the Minister of Economy and Finance no later than March 31 of each year. <Amended on Apr. 8, 2011; Oct. 1, 2025>
(7) The Minister of Economy and Finance shall reflect the contents of the application for a loan filed under paragraph (6) to a management plan for treasury loan accounts under the plan for managing the Management Fund for the following fiscal year. <Amended on Apr. 8, 2011; Oct. 1, 2025>
[Title Amended on Apr. 8, 2011]
Article 10(Establishment of committee for Management of Public Capital Management Fund) #
(1) A Committee for Management of Public Capital Management Fund (hereinafter referred to as the "Committee") shall be established to deliberate or decide on the following matters concerning the management and operation of the Management Fund:
1. Major policies on the management and operation of the Management Fund;
2. Establishment and amendments (applicable only to amendments to the amount of expenditure on the matters under Article 3 (2) 1 and 4 and 4 (2) 1) of the plan for managing the Management Fund;
3. A report on the settlement of accounts of the Management Fund;
4. Determination of the interest rate and term of deposit received or deposit money or the changes therein;
5. Determination of the interest rate and term of loan amount or the changes therein;
6. Other matters referred by the Chairperson of the Committee as deemed necessary.
(2) The Committee shall be comprised of 15 members, including one Chairperson.
(3) The Minister of Economy and Finance shall be the Chairperson and the following persons shall be its members: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 1, 2025>
1. The Minister of Science and ICT;
2. The Minister of Education;
3. The Minister of the Interior and Safety;
4. The Minister of Culture, Sports and Tourism;
5. The Minister of Agriculture, Food and Rural Affairs;
6. The Minister of Trade, Industry and Resources;
7. The Minister of Health and Welfare;
8. The Minister of Employment and Labor;
9. The Minister of Land, Infrastructure and Transport;
10. The Minister of Oceans and Fisheries;
11. The Governor of the Bank of Korea;
12. Other persons commissioned by the head of a central administrative agency prescribed by Presidential Decree and the Chairperson.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
Article 11 #
Deleted. <Dec. 30, 2006>
Article 12(Establishment of account for Management Fund) #
The Minister of Economy and Finance shall establish an account for the Management Fund at the Bank of Korea to ensure transparency in revenues and expenditures of the Management Fund. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Apr. 8, 2011]
Article 13(Accounting authorities of Management Fund) #
(1) The Minister of Economy and Finance shall appoint a fund revenue collector, fund treasurer, fund disbursement officer, and fund cashier-officer, from among officials under his or her control, to conduct business affairs relating to the revenues and expenditures of the Management Fund. <Amended on Oct. 1, 2025>
(2) When entrusting business affairs relating to the operation and management of the Management Fund to the Governor of the Bank of Korea under Article 8 (2), the Minister of Economy and Finance may appoint a Deputy Governor in charge of revenues of the Fund and a Deputy Governor in charge of expenditures of the Fund from among the Deputy Governors of the Bank of Korea, and a fund disburser and fund cashier from among employees of the Bank of Korea, respectively. In such cases, the Deputy Governor in charge of revenues of the Fund shall perform the duties of a fund revenue collector; the Deputy Governor in charge of expenditures of the Fund the duties of a fund treasurer; the fund disburser the duties of a fund disbursement officer; and the fund cashier the duties of a fund cashier-officer, respectively. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Apr. 8, 2011]
Article 14(Treatment of profit and loss of Management Fund) #
(1) The full amount of profits accrued as a result of the settlement of accounts of the Management Fund, if any, shall be accumulated.
(2) When losses are incurred from the settlement of accounts of the Management Fund, such losses shall be covered by the reserve under paragraph (1) and the Government may compensate for the losses from the general account, if the reserve falls short of the losses.
(3) Losses incurred in performing the guaranteed obligation by the Management Fund pursuant to Article 3 (2) 7 shall be borne by the general account for the following fiscal year.
[This Article Wholly Amended on Apr. 8, 2011]
Article 15(Request for early repayment of funds deposited by funds) #
When there is any unavoidable cause in the operation of the funds, etc., a manager of funds may request repayment of funds deposited to the Management Fund even before the expiration of the term of deposit. In such cases, the manager shall request a repayment from the Minister of Economy and Finance no later than 15 days prior to the date on which such repayment is due. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Apr. 8, 2011]
Article 16(Temporary borrowing of Management Fund) #
(1) The Minister of Economy and Finance may temporarily borrow funds at the expense of the Management Fund, if necessary for the management of the Management Fund. <Amended on Oct. 1, 2025>
(2) Temporary borrowings under paragraph (1) shall be repaid within the relevant fiscal year.
[This Article Wholly Amended on Apr. 8, 2011]