Article 44(Supervision and inspection) #
(1) In any of the following cases, the Minister of Oceans and Fisheries may order a ship investment company, a ship investment management company and a custody company to submit or report on data concerning business affairs, etc. under this Act, for the purpose of the sound operation of a ship investment company and protection of shareholders: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Where the restriction on transactions under Article 29 is violated;
2. Where the requirements for permission of a ship investment management company under Article 31 are violated;
3. Where the restriction, etc. on concurrent engagement of a ship investment management company under Article 32 is violated;
4. Where general standards for acts of a ship investment management company under Article 33 are violated;
5. Where the obligations of a custody company under Article 37 are violated.
(2) The Minister of Oceans and Fisheries may have any employee under his or her jurisdiction inspect any of the following business affairs, etc. of a ship investment company or a ship investment management company: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Restriction on holding of stocks by a person in a special relationship under Article 18;
2. Borrowing of funds and issuance of bonds under Article 25;
3. Distribution of profits under Article 41.
(3) Where conducting an inspection under paragraph (2), an inspection schedule regarding the time and date, grounds, subject matters, etc. of an inspection shall be notified to the person subject to inspection by not later than seven days before the inspection; provided, the same shall not apply to cases of urgency or to cases where it is deemed that the aim of inspection may not be achieved due to destruction of evidence, etc. when notified in advance.
(4) Where an inspection is completed under paragraph (2), the Minister of Oceans and Fisheries shall notify the person subject to inspection of the result thereof in writing. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) Any public official that conducts an inspection under paragraph (2) shall carry an identification indicating his or her authority and present it to the persons concerned.
(6) Where, as turned out after the inspection under paragraph (2), a ship investment company or a ship investment management company violates this Act or any order or disposition issued under this Act or a public ship investment company under Article 55-2(1) or a ship investment management company (excluding a ship investment management company entrusted with the operation of assets, such as ships, only by a ship investment company not a public ship investment company) violates the Financial Investment Services and Capital Markets Act or any order or disposition issued under the same Act or the Act on Corporate Governance of Financial Companies (limited to the provisions of articles 24 through 26) or Articles 17 through 22 (excluding paragraph (6)) and 23 of the Act on the Protection of Financial Consumers, the Minister of Oceans and Fisheries may take any of the following measures: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 7, 2014; Jul. 31, 2015; Mar. 24, 2020>
1. To suspend all or part of the business for up to six months;
2. Request for dismissal of executive officers or disciplinary action against executive officers and employees;
3. Other measures prescribed by Presidential Decree as necessary for correction of any violation.
(7) Where a custody company violates this Act or any order or disposition issued under this Act, the Oceans and Fisheries may request the Financial Services Commission to take any necessary measures under the relevant Acts. In such cases, the Financial Services Commission shall comply with such request unless any special reason exists to the contrary. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(8) Detailed criteria for business suspension under paragraph (6) and other necessary matters shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Added on Jan. 7, 2014>
[This Article Wholly Amended on Dec. 27, 2007]