Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Korea Technology Finance Corporation Act and matters necessary for the enforcement thereof. <Amended on May 31, 2016>
[This Article Wholly Amended on Jun. 22, 2012]
Article 2(Definitions) #
Except as otherwise provided in this Decree, the terms used in this Decree are as defined in the Korea Technology Finance Corporation Act (hereinafter referred to as the "Act"). <Amended on May 31, 2016>
[This Article Wholly Amended on Jun. 22, 2012]
Article 3(Scope of new technology enterprises) #
(1) "Small and medium enterprises which develop or commercialize technologies" in subparagraph 1 of Article 2 of the Act means small and medium enterprises engaging in any of the following businesses (hereinafter referred to as "new technology business"): <Amended on Sep. 4, 2018; Jan. 5, 2021>
1. Business conducting research for the development of products and manufacturing processes;
2. Business commercializing the outcomes of research and development;
3. Business introducing technologies, and business assimilating and improving introduced technologies;
4. Business developing technologies prescribed by other Acts and subordinate statutes, which are prescribed in Appendix 1;
5. Other business commercializing technologies which may bring about remarkable economic effects, such as the increase of productivity, improvement of quality, reduction of manufacturing costs and energy conservation.
(2) "Enterprises prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Act means enterprises engaging in the new technology business that meet the standards for total assets under Article 2 (1) 1 (a) of the Framework Act on Small and Medium Enterprises. <Amended on Nov. 30, 2021>
[This Article Wholly Amended on Jun. 22, 2012]
Article 4(Monetary liabilities) #
(1) "Monetary liabilities prescribed by Presidential Decree" in subparagraph 4 (b) of Article 2 of the Act means the following monetary liabilities: <Amended on Jul. 26, 2017>
1. Debentures publicly offered under Article 119 of the Financial Investment Services and Capital Markets Act;
2. In cases where the liabilities of an enterprise are guaranteed by a financial institution, monetary liabilities to meet the claim for indemnity created as a result of the discharge of such guaranteed liabilities;
3. Monetary liabilities related to tax payments, issuance and negotiation of bills, performance of obligations by means of construction work, service provision, etc. and facility lease, and other monetary liabilities of enterprises the Minister of SMEs and Startups determines.
(2) "Monetary liabilities prescribed by Presidential Decree" in subparagraph 5 (b) of Article 2 of the Act means the monetary liabilities in the subparagraphs of paragraph (1).
[This Article Wholly Amended on Jun. 22, 2012]
Article 5 #
Deleted. <Dec. 5, 2002>
Article 6 #
Deleted. <Dec. 5, 2002>
Article 7 #
Deleted. <Dec. 5, 2002>
Article 8 #
Deleted. <Dec. 31, 1997>
Article 9 #
Deleted. <Dec. 31, 1997>
Article 10 #
Deleted. <Dec. 31, 1997>
Article 11 #
Deleted. <Dec. 31, 1997>
Article 12 #
Deleted. <Dec. 31, 1997>
Article 13 #
Deleted. <Apr. 25, 2023>
Article 14(Registration of incorporation) #
The registration of incorporation of the Korea Technology Finance Corporation under Article 16 of the Act (hereinafter referred to as the "Corporation") shall include the following: <Amended on Apr. 25, 2023>
1. Purpose;
2. Name;
3. Location of the head office;
4. Locations of branches and sub-branches;
5. Fundamental properties at the time of establishment;
6. Name, resident registration number and address of the president;
7. Names and resident registration numbers of executive vice president, directors and auditors;
8. Methods of making public announcement.
[This Article Wholly Amended on Jun. 22, 2012]
Article 15(Registration of establishment of branches) #
Where the Fund establishes a branch or sub-branch, it shall register the name, location, and date of establishment of the branch or sub-branch at the location of the head office within 2 weeks after such establishment.
[This Article Wholly Amended on Jan. 21, 2025]
Article 16(Registration of relocation) #
(1) Where the Fund relocates its head office, it shall register the new location and the date of relocation at the former or the new location of the office within 2 weeks after such relocation.
(2) Where the Fund relocates its branch or sub-branch, it shall register the new location and the date of relocation at the location of the head office within 2 weeks after such relocation.
[This Article Wholly Amended on Jan. 21, 2025]
Article 17(Registration for change) #
Where any matter registered under each subparagraph of Article 14 or Article 15 is changed (excluding cases falling under the registration of relocation under Article 16), the Fund shall register such change at the location of its head office within 2 weeks after the change.
[This Article Wholly Amended on Jan. 21, 2025]
Article 18(Registration of appointment of representatives) #
Where the Fund appoints an agent under Article 26 of the Act, the president of the Fund shall register the following matters at the location of its head office within 2 weeks after the appointment. This shall also apply where the registered matters are changed: <Amended on Jan. 21, 2025>
1. Name and address of the representative;
2. Location of the head office, branch or sub-branch for which the representative is appointed;
3. When the authority of the representative is restricted, details of such restriction.
[This Article Wholly Amended on Jun. 22, 2012]
Article 19(Counting of registration period) #
When there is any matter requiring the authorization or approval from the Minister of SMEs and Startups among matters to be registered under Articles 14 through 18, the registration period shall be counted from the date on which the letter of authorization or approval arrives. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Jun. 22, 2012]
Article 20(Registration applicants and documents to be attached to written applications) #
(1) The registration of incorporation referred to in Article 14 shall be filed by the joint request of establishment members, whereas the registrations referred to in Articles 15 through 18, by the President of the Corporation.
(2) Each written application for registration referred to in Articles 14 through 18 shall be accompanied by the following documents:
1. Registration of incorporation referred to in Article 14: Articles of incorporation of the Corporation, a certified copy of a letter of authorization of the articles of incorporation, and a document certifying that the President of the Corporation was appointed in accordance with Article 21 (1) of the Act;
2. Registration of establishment of branches, etc. referred to in Article 15: A document certifying the establishment thereof;
3. Registration of relocation referred to in Article 16: A document certifying the relocation thereof;
4. Registration for change referred to in Article 17: A document certifying the change thereof;
5. Registration of appointment of a representative referred to in Article 18: A document certifying that such appointment follows Article 26 of the Act and when the authority thereof is restricted, a document certifying the details of such restriction.
[This Article Wholly Amended on Jun. 22, 2012]
Article 21(Provisions applicable mutatis mutandis to registration) #
Except as otherwise provided in this Decree, the provisions of Articles 15 through 20, 22 through 28, 75 through 80, and 82 through 89 of the Commercial Registration Act shall apply mutatis mutandis to the registration of the Fund.
[This Article Wholly Amended on Jan. 21, 2025]
Article 22(Operation of management committee) #
(1) The chairperson of the management committee referred to in Article 17 of the Act shall call meetings in accordance with the articles of incorporation, and preside over such meetings.
(2) When the chairperson is unable to perform his or her duties, a member the chairperson nominates in advance shall act on behalf of him or her.
(3) The meetings of the management committee shall make resolutions in the presence of a majority of members in the register and by the approval of a majority of members present.
(4) The executive vice president, directors and auditors of the Corporation may appear at the management committee to express their opinions.
(5) Except as otherwise provided in this Decree, the chairperson shall determine matters necessary for the operation of the management committee through resolutions of the management committee.
[This Article Wholly Amended on Jun. 22, 2012]
Article 22-2(Target organizations of re-guarantee) #
(1) In the application of Article 28-2 (1) of the Act, the Corporation shall not enter into contracts with credit guarantee foundations provided for in the Regional Credit Guarantee Foundation Act (hereinafter referred to as "original guarantor") which have entered into a re-guarantee contract with the Korea Credit Guarantee Fund established under the Credit Guarantee Fund Act.
(2) The Corporation shall not re-guarantee any original guarantee of liabilities other than the liabilities prescribed in subparagraphs 4 and 5 of Article 2 of the Act and any original guarantee of liabilities of enterprises engaging in business types restricted on re-guarantee under subparagraph 2 of Article 29 of the Act.
[This Article Wholly Amended on Jun. 22, 2012]
Article 22-3(Matters to be observed by original guarantors) #
The President of the Corporation shall, when entering into a contract referred to in Article 28-2 (1) of the Act, indicate in the contract matters to be observed by the original guarantor in connection with the reguarantee contract, payment of reguarantee fees, payment of compensation, exercise of claim for compensation, return of retrieved money, etc., and matters concerning the submission of a report for the confirmation of performance or non-performance thereof and inspection of operational conditions, etc.
[This Article Wholly Amended on Jun. 22, 2012]
Article 22-4(Re-guarantee ratio) #
(1) "Ratio prescribed by Presidential Decree" in Article 28-2 (3) of the Act means 50 percent; provided, if the Minister of SMEs and Startups deems it particularly necessary for the boosting of regional economies, emergency disaster restoration, etc., it may determine a separate ratio within the scope of 60 percent. <Amended on Jul. 26, 2017>
(2) The amount the original guarantor must return to the Corporation under Article 28-2 (5) of the Act shall not exceed the amount of compensation the Corporation pays under Article 28-2 (4) of the Act.
[This Article Wholly Amended on Jun. 22, 2012]
Article 22-5(Claims for discharge of re-guaranteed liabilities) #
"Period prescribed by Presidential Decree" in Article 28-2 (6) of the Act means three months.
[This Article Wholly Amended on Jun. 22, 2012]
Article 22-6(Termination and change of re-guarantee contracts) #
When any of the following causes arises, the Corporation may terminate or change the contract it has concluded with the original guarantor under Article 28-2 (1) of the Act:
1. When the re-guarantee service of the original guarantor referred to in Article 28-2 of the Act is against the provisions of relevant Acts and subordinate statutes, or is carried out unlawfully;
2. When the original guarantor neglects the exercise of the right to demand reimbursement;
3. When a cause of termination or change of the contract stipulated in the contract concluded between the Corporation and the original guarantor under Article 28-2 (1) of the Act arises.
[This Article Wholly Amended on Jun. 22, 2012]
Article 22-7(Guarantee for special purpose companies) #
(1) "Property rights prescribed by Presidential Decree" in the provisions, with the exception of its subparagraphs, of Article 28-3 (1) of the Act means any of the following subparagraphs: <Amended on Jul. 26, 2017>
1. Technology under subparagraph 1 of Article 2 of the Technology Transfer and Commercialization Promotion Act and the property right related thereto;
2. Corporate commercial paper under Article 4 (3) of the Financial Investment Services and Capital Markets Act;
3. Property rights which the Minister of SMEs and Startups deems specially necessary for the national economy from among securitization assets under subparagraph 3 of Article 2 of the Asset-Backed Securitization Act.
(2) The maximum limit of securitization assets which an asset holder may underwrite from the same enterprise pursuant to Article 28-3 (2) of the Act shall be determined in a way to deduct a fixed amount from 30 billion won where the same enterprise is a small and medium enterprise and from 50 million won where it is an enterprise other than a small and medium enterprise in consideration of credit rating or such through a resolution of the board of directors (hereinafter referred to as the "board of directors") of the Corporation under Article 18 of the Act; provided, where the Minister of SMEs and Startups deems it particularly necessary for the national economy, such maximum limit may be determined separately through a resolution of the board of directors. <Amended on Jul. 26, 2017>
(3) Matters concerning standards, amount, etc. of deduction under para- graph (2) shall be determined through a resolution of the board of directors; provided, where the Minister of SMEs and Startups deems it particularly necessary for the national economy, they may be determined separately through a resolution of the board of directors. <Amended on Jul. 26, 2017>
[This Article Added on May 6, 2009]
Article 22-8(Guarantee-linked investments) #
(1) The limit of the total amount of guarantee-linked investment of the Corporation referred to in Article 28-4 (2) of the Act shall be 20 percent of the aggregate of fundamental properties and profits carried forward of the Corporation. <Amended on Dec. 9, 2014; Sep. 4, 2018>
(2) The limit of the total amount of guarantee-linked investment the Corporation may make in the same enterprise under Article 28-4 (3) of the Act shall be three billion won. <Amended on Dec. 9, 2014; May 31, 2016; Jul. 26, 2017; Nov. 30, 2021>
[This Article Added on Jun. 22, 2012]
Article 23(Limit of guarantees) #
(1) The limit of the total amount of technology guarantees, credit guarantees, re-guarantees and guarantees for special purpose companies which the Corporation provides under Article 31 (1) of the Act shall be twenty times the aggregate of fundamental properties and profits carried forward of the Corporation. <Amended on May 31, 2016>
(2) The upper limit of a technology guarantee, credit guarantee and re-guarantee the Corporation may extend to the same enterprise under Article 31 (2) of the Act shall be determined by the method of deducting a specific amount determined in consideration of the purpose of the fund, etc. from three billion won, and the upper limit of a re-guarantee to each enterprise given an original guarantee by an original guarantor shall be two hundred million won; provided, if the Minister of SMEs and Startups deems it particularly necessary for the national economy, it may determine a separate upper limit through a resolution of the board of directors. <Amended on May 31, 2016; Jul. 26, 2017>
(3) Matters necessary for criteria, amount, etc. of deduction referred to in paragraph (2) shall be determined through resolutions of the board of directors; provided, if the Minister of SMEs and Startups deems it particularly necessary for the national economy, they may be determined separately through resolutions of the board of directors. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Jun. 22, 2012]
[Title Amended on May 31, 2016]
Article 24(Guarantee fees) #
(1) Guarantee fees referred to in the former part of Article 33 (1) of the Act and additional guarantee fees referred to in Article 33 (2) of the Act shall be collected according to such rates as determined by the operational manual referred to in Article 29 of the Act, taking into consideration the credit rating of the enterprise concerned, type of guarantee, etc.
(2) Performance-based guarantee fees referred to in the latter part of Article 33 (1) of the Act shall be determined by a separate agreement made between the Corporation and new technology enterprises within the scope of 10 percent of the guaranteed amount under conditions prescribed by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017>
(3) Overdue guarantee fees referred to in Article 33 (3) of the Act shall be calculated by multiplying an unpaid guarantee fee by the annual rate of 10 percent.
(4) The Corporation shall collect a reguarantee fee referred to in Article 33 (4) of the Act from the original guarantor according to such rates as determined by the operational manual referred to in Article 29 of the Act, taking into consideration the amount of compensation paid out of the amount of re-guarantee the Corporation extended to the original guarantor.
[This Article Wholly Amended on Jun. 22, 2012]
Article 24-2(Fees) #
Fees referred to in Article 33-2 of the Act shall be received under conditions prescribed by the operational manual referred to in Article 29 of the Act, taking into account the expense or period required for the performance of duties, difficulties of duties, etc.
[This Article Wholly Amended on Jun. 22, 2012]
Article 25(Penalties) #
Penalties referred to in Article 34 of the Act shall be calculated by multiplying the amount the Corporation pays to discharge the liabilities it guaranteed by a rate the Minister of SMEs and Startups determines within the scope corresponding to the default interest rate of financial companies. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Jun. 22, 2012]
Article 26(Grounds for claiming for discharge of guaranteed liabilities) #
(1) "If grounds prescribed by Presidential Decree arise" in Article 36 (1) of the Act means any of the following cases: <Amended on Jul. 26, 2017; Oct. 4, 2022>
1. In cases of a guarantee of monetary liabilities referred to in subparagraph 4 (a) and subparagraph 5 (a) of Article 2 of the Act: When an enterprise which received a guarantee passes three months without paying debts to the creditor by the deadline (including cases of forfeiture of the benefit of time);
2. In cases of a guarantee of monetary liabilities referred to in subparagraph 5 (b) of Article 2 of the Act and Article 4 (1) of the Decree and a guarantee for special purpose companies referred to in Article 28-3 (1) of the Act: The time the Minister of SMEs and Startups determines according to the type and nature of the liabilities;
3. In cases where an enterprise falls under any of the followings:
(a) When it is bankrupt or dissolved;
(b) When it fails to operate its business for a consecutive period of not less than six months or discontinues business;
(c) When a cause the board of directors has determined occurs in the circumstance that the quick normalization of the management of the enterprise is deemed difficult due to requests for the commencement of rehabilitation procedures provided for in the Debtor Rehabilitation and Bankruptcy Act;
(d) When there is a need for debt adjustment in addition to the cases under items (a) through (d), such as a sharp decrease in the ability to fulfill obligations and any grounds prescribed by the Minister of SMEs and Startups arise (limited to cases where the consent of the enterprise has been obtained in advance).
(2) When a creditor intends to demand the discharge of guaranteed liabilities under paragraph (1) 3, he or she shall prove facts constituting a cause thereof under conditions prescribed by the board of directors.
[This Article Wholly Amended on Jun. 22, 2012]
Article 27(Scope of subordinate liabilities) #
"Subordinate liabilities prescribed by Presidential Decree" in Article 36 (2) of the Act means the aggregate of the amount of interest or the additional amount in the following subparagraphs and expenses the board of directors determines among expenses the creditor spent in the collection of claims:
1. In cases of a guarantee of monetary liabilities referred to in subparagraph 4 (a) and subparagraph 5 (a) of Article 2 of the Act: The amount of interest accrued by the interest rate which applies to the stipulated primary liability period during the period from the time when the deadline for the discharge of the primary liabilities arrives to the time when the Corporation pays the guaranteed liabilities;
2. In cases of a guarantee of monetary liabilities referred to in subparagraph 5 (b) of Article 2 of the Act and Article 4 (1) of the Decree and a guarantee for special purpose companies referred to in Article 28-3 (1) of the Act: The amount of interest or additional amount prescribed by the operational manual.
[This Article Wholly Amended on Jun. 22, 2012]
Article 27-2(Sale of rights of indemnity) #
"Persons prescribed by Presidential Decree" in subparagraph 3 of Article 37-2 of the Act means any of the following persons: <Amended on Jan. 24, 2017; Oct. 21, 2021; Feb. 17, 2022; Oct. 4, 2022>
1. The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation;
1-2. Companies in which the Korea Asset Management Corporation has invested to perform the duties under Article 26 (1) 1 and 2 of the Act on the Establishment of Korea Asset Management Corporation;
2. Special purpose companies established in accordance with the Asset-Backed Securitization Act;
3. Private equity funds for corporate financial stability under Article 249-22 of Financial Investment Services and Capital Markets Act.
[This Article Wholly Amended on Jun. 22, 2012]
Article 28(Creditor's duty to notify) #
"Persons prescribed by Presidential Decree" in the main clause of Article 38 of the Act means creditors of monetary liabilities referred to in subparagraph 4 (a) and subparagraph 5 (a) of Article 2 of the Act and creditors who extended credits under Article 28-3 (1) 2 of the Act.
[This Article Wholly Amended on Jun. 22, 2012]
Article 29 #
Deleted. <May 31, 2016>
Article 30(Entrustment of duties) #
(1) Pursuant to Article 47-2 of the Act, the Corporation may entrust its duties in accordance with the following classifications: <Amended on Aug. 4, 2020; Feb. 17, 2022; Apr. 25, 2023>
1. Financial companies: Duties referred to in Article 28 (1) 2, 3, 7, and 10 of the Act;
2. The Korea Asset Management Corporation under the Act on the Establishment of Korea Asset Management Corporation: Duties referred to in Article 28 (1) 7 and 10 of the Act;
3. Credit information companies and claims collection agencies under the Credit Information Use and Protection Act: Duties referred to in Article 28 (1) 5, 7, and 10 of the Act.
(2) When the Corporation intends to entrust its duties under paragraph (1), it shall report to the Minister of SMEs and Startups thereon in advance. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Jun. 22, 2012]
Article 30-2(Processing of sensitive information and personally identifiable information) #
(1) The Corporation (including a person who is entrusted with business affairs of the Corporation under Article 24) may process information equivalent to criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data that contain resident registration numbers, passport numbers, drivers’ license numbers, or alien registration numbers under Article 19 of that Decree, where there is any unavoidable cause preventing it from conducting the following administrative affairs: <Amended on Apr. 25, 2023>
1. Administrative affairs concerning the duties of the Corporation referred to in Article 28 (1) 1 through 3, 3-2, 4, 5 through 7, and 9 of the Act;
1-2. Administrative affairs related to the Corporation under Article 28 (1) 10 of the Act (administrative affairs incidental to the administrative affairs under subparagraphs 4-2 and 4-3 of that paragraph shall be limited to the administrative affairs publicly notified by the Minister of SMEs and Startups in consultation with the Personal Information Protection Committee, and excluding the administrative affairs incidental to the administrative affairs under subparagraph 8 of that paragraph);
2. Administrative affairs concerning re-guarantees referred to in Article 28-2 of the Act;
3. Administrative affairs concerning guarantees for special purpose companies referred to in Article 28-3 of the Act;
4. Administrative affairs concerning guarantee-linked investment referred to in Article 28-4 of the Act;
5. Administrative affairs concerning the operational manual referred to in Article 29 of the Act;
6. Administrative affairs concerning criteria for guarantees referred to in Article 30 of the Act;
7. Administrative affairs concerning the establishment of guarantee relationships referred to in Article 35 of the Act;
8. Administrative affairs concerning the discharge of guaranteed liabilities referred to in Article 36 of the Act;
9. Administrative affairs concerning the exercise of rights of indemnity referred to in Article 37 of the Act;
10. Administrative affairs concerning the sale of rights of indemnity referred to in Article 37-2 of the Act;
11. Administrative affairs concerning requests for provision of data, etc. referred to in Article 50 of the Act.
Article 31(Scope of Public Organizations) #
"Public organizations prescribed by Presidential Decree" in Article 50 (1) of the Act means public agencies pursuant to Article 4 of the Act on the Management of Public Institutions.
[This Article Added on May 6, 2009]
Article 32(Criteria for imposing administrative fines) #
The criteria for imposing administrative fines under Article 52 (1) of the Act shall be specified in Appendix 2.
[This Article Added on Sep. 4, 2018]