Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Public Capital Management Fund Act and matters necessary for the enforcement thereof.
Article 2(Procedures for acquiring Government or public bonds) #
(1) An issuer of Government or public bonds (referring to the Minister of the Interior and Safety in the case of municipal bonds; hereafter in this Article the same shall apply), who intends to request underwriting of Government bonds, municipal bonds, or bonds issued by corporations established under special Acts in accordance with such special Acts (hereinafter referred to as "Government or public bonds") in accordance with Article 3(2)4 of the Public Fund Management Act (hereinafter referred to as the "Act"), shall consult with the Minister of Finance and Economy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 30, 2025>
(2) When an issuer of Government or public bonds intends to conduct consultation under paragraph (1), he or she shall submit a plan for the issuance of Government or public bonds and a business plan for the following year (in the case of municipal bonds, a plan for issuance and a business plan by local government) to the Minister of Finance and Economy. <Amended on Feb. 29, 2008; Dec. 30, 2025>
(3) Requirements and procedures for the acquisition of Government or public bonds, and other necessary matters shall be determined by the Minister of Finance and Economy after deliberation by the Committee for Management of Public Capital Management Fund under Article 10(1) of the Act (hereinafter referred to as the "Committee"). <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 3(Purposes of general account of public capital management fund) #
"Other purposes prescribed by Presidential Decree" in Article 3(2)9 of the Act means the following purposes:
1. Deposit with or lending to financial institutions;
2. Other expenses necessary for the creation, management, or operation of the public capital management fund (hereinafter referred to as the "Management Fund") under Article 2 of the Act.
Article 4(Management of treasury loan funds) #
Matters regarding the management of the treasury loan funds under Article 5(1)1 of the Act shall be determined by the Minister of Finance and Economy. <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 5(Submission of monthly deposit plans) #
A person who intends to deposit surplus funds into the Management Fund according to the plan for managing the Management Fund under Article 9(1) of the Act from among the managers of funds, etc. under Article 6(1) of the Act (hereinafter referred to as "funds, etc.") shall submit to the Minister of Finance and Economy a monthly deposit plan for deposits to be made to the Management Fund in the following year by December 10 of each fiscal year. <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 6(Requests for deposit in Management Fund) #
(1) Cases in which the Minister of Finance and Economy may request the managers of funds, etc. to deposit surplus funds in the Management Fund in accordance with Article 6(2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Dec. 30, 2025>
1. Where large treasury funds are needed due to a war, natural disaster, mass unemployment, etc.;
2. Where raising funds through the issuance of Government bonds, etc. is deemed inappropriate due to financial market conditions, such as a rapid rise in interest rates;
3. Where it is necessary to raise treasury funds in a stable manner due to other reasons equivalent to those referred to in subparagraph 1 or 2.
(2) The scope of funds, etc. for which the Minister of Finance and Economy may request managers of the funds, etc. to deposit surplus funds in accordance with Article 6(2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Dec. 30, 2025>
1. Post office deposits under the Postal Savings and Insurance Act;
2. Funds under Article 5 of the National Finance Act.
(3) If the Minister of Finance and Economy requests the managers of funds, etc. to deposit surplus funds in the Management Fund in accordance with Article 6(2) of the Act, he or she shall specify the following matters: <Amended on Feb. 29, 2008; Dec. 30, 2025>
1. Requested amount of deposit;
2. Requested term of deposit;
3. Grounds for requesting deposit;
4. Plan to repay the principal and pay interest;
5. Other matters necessary for clarifying the details of a request for deposit.
Article 7(Entrustment of business affairs regarding operation and management of Management Fund) #
(1) The Minister of Finance and Economy shall entrust the business affairs regarding the operation and management of the Management Fund to the Governor of the Bank of Korea in accordance with Article 8(2) of the Act. <Amended on Feb. 29, 2008; Dec. 30, 2025>
(2) The Governor of the Bank of Korea shall report to the Minister of Finance and Economy the status of creation and operation of the Management Fund for each month by the 20th day of the following month. <Amended Feb. 29, 2008; Dec. 30, 2025>
(3) The Governor of the Bank of Korea shall submit the statement of accounts for the Management Fund for each fiscal year to the Minister of Finance and Economy by February 20 of the following fiscal year, accompanied by the following documents: <Amended on Feb. 29, 2008; Jan. 5, 2021; Dec. 30, 2025>
1. Documents on an overview and analysis of the Management Fund;
2. Statement of financial position;
3. Income statement;
4. Statement of revenues and expenditures;
5. Other documents necessary for clarifying the statement of accounts.
(4) Except as provided in this Decree, matters necessary for handling business affairs regarding the operation and management of the Management Fund shall be determined by the Governor of the Bank of Korea with the approval of the Minister of Finance and Economy. <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 7-2(Financial companies) #
The Minister of Finance and Economy may manage surplus funds arising from the operation of the Management Fund in accordance with Article 8(3) of the Act by depositing them with, or lending them to, the following financial companies, etc.: <Amended on Dec. 30, 2025>
1. Banks under the Banking Act;
2. Investment traders, investment brokers, and securities finance companies under Article 8(2) and (3) and 9(17)3 of the Financial Investment Services and Capital Markets Act.
[This Article Added on May 10, 2013]
Article 7-3(Interest on deposits or loan) #
Where the Minister of Finance and Economy deposits or lends surplus funds arising from the operation of the Management Fund in accordance with Article 8(3) of the Act, he or she shall determine the interest rate in consideration of the interest rates applied by the Government or financial companies, etc. referred to in the subparagraphs of Article 7-2 in similar transactions; provided, if necessary to promote the issuance and distribution of national treasury bonds and Korea Saving Bonds under Article 4(2) of the Enforcement Decree of the State Bond Act, separate interest rates may be applied. <Amended on Sep. 12, 2023; Oct. 1, 2025>
[This Article Added on May 10, 2013]
Article 8(Requests for submission of data on status of operation of surplus funds) #
The Minister of Finance and Economy may require the managers of funds, etc. to submit quarterly data on the status of surplus fund management in accordance with Article 9(4) of the Act. <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 9(Deposit of Management Fund) #
(1) A request for deposit under Article 9(5) of the Act shall specify the following matters:
1. Requested amount of deposit;
2. Request term of deposit;
3. Plan on how to use the deposit;
4. Plan to repay the principal and pay interest;
5. Other matters necessary for clarifying a request for deposit.
(2) The interest rate, term, and amount of funds to be deposited by the Management Fund in other accounts or funds or in other accounts of the Management Fund shall be determined by the Minister of Finance and Economy after deliberation by the Committee. <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 10(Application for loan) #
(1) An application for loan under Article 9(6) of the Act shall specify the following matters:
1. Amount of loan requested;
2. Requested term of loan;
3. Plan on how to use the loan;
4. Plan to repay the principal and pay interest;
5. Name of the lending institution to which loan disbursement and repayment operations are to be delegated;
6. Other matters necessary for the implementation of the lending business, such as handling fees of lending institutions.
(2) The head of a central administrative agency intending to perform a project financed by the Managing Fund in accordance with Article 9(6) of the Act shall submit a statement of monthly monetary requirements to the Minister of Finance and Economy after the plan for managing the Managing Fund under Article 9(1) of the Act is finalized. <Amended on Feb. 29, 2008; Dec. 30, 2025>
Article 11(Selection of lending institutions) #
(1) The Minister of Finance and Economy shall select lending institutions to handle loan disbursement and repayment operations from among the following institutions; in such cases, the Minister shall have a prior consultation with the head of the central government agency that intends to implement the lending business in accordance with Article 9(6) of the Act: <Amended Feb. 29, 2008; Nov. 15, 2010; Dec. 30, 2025>
1. Banks under the Banking Act;
2. The Korea Development Bank under the Korea Development Bank Act;
3. The Export-Import Bank of Korea under the Export-Import Bank of Korea Act;
4. The Industrial Bank of Korea under the Industrial Bank of Korea Act;
5. Other institutions engaging in the business of making loans in accordance with statutes, which are determined by the Minister of Finance and Economy.
(2) Lending institutions shall report the operation plan and operational status of the relevant loans to the Minister of Finance and Economy and the head of the relevant central government agency implementing the lending business (hereinafter referred to as "head of the relevant central government agency"). <Amended Feb. 29, 2008; Dec. 30, 2025>
Article 12(Composition and operation of Committee) #
(1) The term of office of a member commissioned by the chairperson under Article 10(3)12 of the Act shall be 2 years and may be renewed.
(2) The chairperson shall represent the Committee, chair its meetings, and have general supervision and control of its business affairs regarding meetings.
(3) Meetings of the Committee (hereafter in this Article referred to as "meetings") shall be convened by the chairperson when the chairperson deems it necessary or at the request of a majority of all incumbent members.
(4) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(5) The Committee shall have an executive secretary to handle administrative affairs, who shall be designated by the Minister of Finance and Economy from among members in general service of the Senior Executive Service of the Ministry of Finance and Economy. <Amended on Feb. 29, 2008; Dec. 30, 2025>
(6) Except as provided in this Decree, detailed matters necessary for operating the Committee shall be determined by the chairperson following a resolution by the Committee.
Article 12-2(Dismissal of members) #
Where a member under Article 10(3)12 of the Act falls under any of the following, the chairperson may dismiss such member:
1. Where he or she is unable to perform duties due to any mental or physical disorder;
2. Where he or she has committed any violation relating to duties;
3. Where he or she is deemed unfit to serve as a member due to neglect of duties, damage to dignity, or other grounds;
4. Where he or she states it is impracticable for him or her to perform his or her duties.
[This Article Added on Dec. 31, 2015]
Article 13(Issuance of deposit certificates and payment of interest on deposits) #
(1) When funds are deposited in the Management Fund, the Minister of Finance and Economy shall issue a deposit certificate; provided, this shall not apply where the funds are deposited from another account of the Management Fund. <Amended on Feb. 29, 2008; Dec. 30, 2025>
(2) Interest on deposits shall be paid every 6 months from the first payment date specified in the following subparagraphs: provided, where the principal is repaid upon the expiration of the deposit period, the interest shall be paid on the repayment date of the principal:
1. Deposit between January 1 and March 31: June 9;
2. Deposit between April 1 and June 30: September 9;
3. Deposit between July 1 and September 30: December 9;
4. Deposit between October 1 and December 31: March 9 of the following year.