Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Hometown Love Donation Act and matters necessary for the enforcement thereof.
Article 1-2(Hometown Love Day) #
(1) Hometown Love Day under Article 2-2 of the Hometown Love Donation Act (hereinafter referred to as the "Act") shall be September 4 each year.
(2) The Minister of the Interior and Safety, the heads of local governments, etc. may hold various events during the week surrounding Hometown Love Day to raise wider public awareness of the value and importance of hometown.
[This Article Newly Inserted on Jun. 27, 2023]
Article 2(Standards for Restrictions on Collection and Receipt of Hometown Love Donations) #
(1) Standards for restrictions on the collection and receipt of hometown love donations under Article 4 (2) of the Act shall be as specified in the attached Table. <Amended on Jun. 27, 2023; Aug. 13, 2024>
(2) The Minister of the Interior and Safety may request the submission of data from the relevant local government or conduct an on-site investigation to verify whether the local government or its public officials fall under any subparagraph of Article 4 (2) of the Act. <Newly Inserted on Aug. 13, 2024>
[Title Amended on Aug. 13, 2024]
Article 3(Methods of and Procedures for Collecting Hometown Love Donations) #
(1) A local government that collects hometown love donations under Article 7 of the Act shall provide the following information: <Amended on Aug. 13, 2024>
1. Name of the local government that collects hometown love donations;
2. Purpose of use of hometown love donations;
3. Procedures for and methods of making hometown love donations;
4. Provision of return gifts under Article 9 (1) of the Act (hereinafter referred to as "return gift");
5. Other important matters related to the collection of hometown love donations, deemed necessary by the Minister of the Interior and Safety for the collection of hometown love donations.
(2) "Methods prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means actively soliciting and encouraging donations by visiting a place for work, such as an office or business place, which is not open to the public with restricted access. <Amended on Aug. 13, 2024>
(3) Where a local government uses an individual electronic transmission medium (referring to an electronic transmission medium defined in Article 2 (1) 13 of the Act on Promotion of Information and Communications Network Utilization and Information Protection) to collect hometown love donations pursuant to the former part of Article 7 (2) of the Act, the number of such donation collections shall not exceed two times per quarter for each recipient. <Amended on Aug. 13, 2024>
(4) Except as provided in paragraphs (1) through (3), matters necessary for the methods of and procedures for collecting hometown love donations shall be determined by the Minister of the Interior and Safety.
Article 4(Methods of and Procedures for Receiving Hometown Love Donations) #
(1) A local government that receives hometown love donations under Article 8 (1) of the Act shall be provided with a letter of hometown love donations (including an electronic document; hereinafter the same shall apply) in attached Form from a person who intends to make the hometown love donations. In such cases, a financial institution designated by the head of the local government under Article 8 (1) of the Act or an information system under Article 12 (2) of the Act (hereinafter referred to as "information system") may be used for such provision.
(2) Upon being provided with a letter of hometown love donations under paragraph (1), a local government shall verify the following matters: <Amended on Aug. 13, 2024>
1. Whether a person who intends to make hometown love donations under Article 4 (1) of the Act is a resident of the local government to which such donations are made;
2. Whether a person who intends to make hometown love donations under Article 5 (1) of the Act is the principal;
3. Whether a person who intends to make hometown love donations under Article 8 (3) of the Act donates in excess of 20 million won;
4. Whether a person who intends to make hometown love donations under Article 9 (1) of the Act receives return gifts.
(3) A local government that verifies the matters referred to in paragraph (2) 1 and 2 may verify an abstract of the resident registration card, a certificate of reporting the domestic place of residence, or a certificate of alien registration through administrative data matching under Article 36 (1) of the Electronic Government Act. If a person who intends to make hometown love donations does not consent to such verification, the local government shall require him or her to submit the relevant documents. <Amended on Jun. 27, 2023>
(4) When a local government has verified all the matters referred to in the subparagraphs of paragraph (2) and no violation of statutes or regulations exists, it shall notify a person who intends to make hometown love donations of the details necessary for such donations.
(5) If deemed necessary for the systematic receipt and management of hometown love donations, the Minister of the Interior and Safety may create a standard receipt form under Article 8 (2) of the Act and recommend local governments to use the form.
(4) Except as provided in paragraphs (1) through (5), matters necessary for the methods of and procedures for receiving hometown love donations shall be determined by the Minister of the Interior and Safety.
Article 5(Limits on Return Gifts and Prohibited Items) #
(1) "Limit prescribed by Presidential Decree" in Article 9 (1) of the Act means an amount equivalent to 30/100 of the amount of hometown love donations to be made each time.
(2) "Others prescribed by Presidential Decree" in Article 9 (3) 4 of the Act means the following:
1. Electronic debit payment means, electronic prepayment means, and electronic currency (excluding securities under Article 9 (2) 2 of the Act) under the Electronic Financial Transactions Act;
2. Admission tickets determined by the Minister of the Interior and Safety to a place where individual consumption tax is imposed pursuant to Article 1 (3) of the Individual Consumption Tax Act;
3. Goods determined by the Minister of the Interior and Safety, such as high-value expensive sports goods, electronic equipment, etc.;
4. Goods determined by the Minister of the Interior and Safety, which are likely to harm human life, property or public morals.
Article 6(Methods of and Procedures for Selecting Return Gifts) #
(1) If deemed necessary for the fair operation of the return gift system, a local government shall publicly announce important matters regarding the selection of return gifts and suppliers thereof on its website.
(2) If deemed necessary for professional deliberation on matters regarding the selection of return gifts and suppliers thereof, a local government may establish a committee for the selection of return gifts under the jurisdiction of the head of the relevant local government.
(3) Where a return gift and the supplier thereof are selected, a local government shall publicly announce the detailed results of selection on the website of the relevant local government.
(4) Except as provided in paragraphs (1) through (3), details necessary for the composition and operation of the Committee for the Selection of Return Gifts and the methods of, procedures, etc. for selecting return gifts shall be prescribed by municipal ordinances.
Article 7(Management and Operation of Hometown Love Funds) #
(1) A local government that uses hometown love funds under Article 11 (1) of the Act for the purposes prescribed in the subparagraphs of paragraph (2) of that Article shall endeavor to avoid overlapping with the existing projects of the local government.
(2) "Ratio prescribed by Presidential Decree" in Article 11 (3) of the Act means the ratio classified as follows:
1. Where the amount of a hometown love donation of the previous year does not exceed 1 billion won: 15/100;
2. Where the amount of a hometown love donation of the previous year exceeds 1 billion won but does not exceed 10 billion: 13/100;
3. Where the amount of a hometown love donation of the previous year exceeds 10 billion won but does not exceed 20 billion: 12/100;
4. Where the amount of a hometown love donation of the previous year exceeds 20 billion won: 10/100.
(3) "Limit prescribed by Presidential Decree" in Article 11 (4) of the Act means an amount equivalent to 30/100 of the amount of the hometown love donation of the relevant year. <Newly Inserted on Aug. 13, 2024>
Article 8(Entrusted Operation of Information System) #
(1) Pursuant to Article 12 (3) of the Act, the Minister of the Interior and Safety and the head of a local government shall entrust the Korea Local Information Research and Development Institute under Article 72 (1) of the Electronic Government Act (hereinafter referred to as the "Korea Local Information Research and Development Institute") with the establishment and operation of an information system.
(2) The Minister of the Interior and Safety and the heads of local governments may subsidize the Korea Local Information Research and Development Institute for expenses incurred in performing entrusted affairs within the budget.
(3) The President of the Korea Local Information Research and Development Institute shall formulate a business plan for the following year regarding the establishment and operation of an information system by the end of September each year and obtain approval from the Minister of the Interior and Safety and the head of a local government, and shall report the results of operation of the previous year to the Minister of the Interior and Safety and the head of the local government by the end of February each year.
Article 9(Disclosure of Current Status of Receipt and Operation of Homeland Love Donations) #
(1) Pursuant to Article 13 of the Act, a local government shall disclose the following matters regarding the receipt and operation of the hometown love donations of the previous year on the website of the relevant local government no later than the end of February each year:
1. Current status of receipt of hometown love donations;
2. Details of use of hometown love funds;
3. Current status of provision of return gifts and expenditure of expenses;
4. Other important matters related to the receipt and operation of hometown love donations, the disclosure of which is deemed necessary by the Minister of the Interior and Safety.
(2) Upon a request made by the public for the inspection of detailed materials regarding matters referred to in the subparagraphs of paragraph (1), a local government may allow the inspection of the relevant materials, unless there are unavoidable reasons.
Article 10(Publication of Violations) #
The Minister of the Interior and Safety and the head of a local government who publish the fact that the collection and receipt of hometown love donations is restricted under Article16 (1) of the Act shall comply with the following standards:
1. Details of publication: The following matters:
(a) Title "Publication of Violations of the Hometown Love Donation Act";
(b) Name of the relevant local government;
(c) Types and details of violations;
(d) Period of restrictions on collection and receipt;
(e) Other matters related to the collection and receipt of hometown love donations, the publication of which is deemed necessary by the Minister of the Interior and Safety;
2. Method of publication: Any of the following methods:
(a) Official Gazette or official report;
(b) Website of the Ministry of the Interior and Safety or a local government;
(c) Information system;
(d) Other methods determined by the Minister of the Interior and Safety.
3. Period of publication: Period determined by the Minister of the Interior and Safety, not exceeding 7 days;
4. Timing for publication: Within 30 days from the date on which the collection and receipt of hometown love donations is restricted.
Article 11(Management of Personally Identifiable Information) #
(1) The head of a local government (including persons to whom the relevant authority or affairs are delegated or entrusted, if any) may manage data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for performing the following business affairs:
1. Receipt of hometown love donations under Article 8 (1) of the Act;
2. Issuance of receipts under Article 8 (2) of the Act;
3. Deleted; <Jun. 27, 2023>
4. Verification of a letter of hometown love donations under Article 4 (2);
5. Verification of an abstract of the resident registration card or a certificate of alien registration through administrative data matching under Article 4 (3).
(2) The Minister of the Interior and Safety and the head of a local government (including persons entrusted with duties under Article 8) may manage data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for establishing and operating an information system.