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Untitled Document
REGULATIONS ON FINE IN THE RASON ECONOMIC AND TRADE ZONE

Adopted by Decision No. 67 of the Cabinet on December 8, 2000

Article 1. These regulations are formulated to establish an order for the imposition of fines in case of violations of the law in the Rason economic and trade zone.
Article 2. These regulations shall provide for the procedures and methods of imposing fines on organs, enterprises and associations of the DPRK (hereinafter called the organs and enterprises), foreign-invested enterprises, citizens of the DPRK and foreigners (hereinafter called the individuals) in the Rason economic and trade zone (hereinafter called the Zone) when they violate the laws and regulations of the State.
Article 3. The law-abiding life guidance organ in the Zone shall be responsible for the unified supervision and guidance over the matters related to the imposition of fines in the Zone.
Article 4. Fines shall be imposed in case of violation of the laws and regulations of the State only if the relevant law or regulations provides for the imposition of fines in such cases.
Article 5. Fines shall be imposed on the basis of a judgement or decision of the Zone court, an arbitral award of an arbitration organ or a decision of the Zone law-abiding life guidance organ.
An organ authorized by the laws and regulations to impose fines (hereinafter called the relevant authorized organs) may impose fines directly.
Article 6. Where several law-breaking acts for which fines should be imposed are committed at the same time, the greatest amount of the applicable fine standards shall be imposed.
Article 7. Powers to impose fines shall be as follows:
1. Relevant authorized organs shall handle the imposition of fines in case of violating the traffic order, travel order, public order, train and bus use order, goods sale order, city management order, land and environmental protection order, power use order, hygienic and anti-epidemic order, veterinary and anti-epidemic order, the order for customs inspection and quarantine service at the border and the Zone boundary as well as other orders that may be set separately, and
2. The law-abiding life guidance organ shall handle the imposition of fines against the organs and enterprises, foreign-invested enterprises or individuals the fines other than those that are imposed by the relevant authorized organs.
Article 8. Fines that are imposed directly on the spot (hereinafter called the spot fines) shall be handled only by officials from relevant authorized organs.
Article 9. Fines other than spot fines shall be paid by depositing it with the Zone banking institution and receiving a document certifying the deposit according to the relevant procedures.
Article 10. Fines imposed on a foreign-invested enterprise or a foreigner shall be payable either in Korean won or in a foreign currency.
Where a fine is received in a foreign currency, the conversion between Korean won and the foreign currency shall be based on the current exchange rate published by a DPRK foreign exchange bank based in the Zone.
Article 11. Fine imposition standards shall be as follows:
1. Up to 37,500,000 won against an organ or enterprise,
2. Up to 150,000 won (750,000 won in case of a grave violation), or up to 75,000 won of a spot fine (375,000 won in case of grave violation), against a citizen of the DPRK.
3. Up to 150,000,000 won against a foreign-invested enterprise,
4. Up to 7,500,000 won, or 2,250,000 won of a spot fine, against a foreigner, and
5. Fining standards outside the Zone shall be applied to the citizens who have come to the Zone from the areas outside the Zone, and fining standards of the Zone to the citizens who have come from the Zone to the areas outside the Zone.
Fines shall be imposed, taking into account the motive, degree and consequences of the law-breaking act as well as the financial condition of the offender.
Article 12. Fines shall be imposed according to the following procedures and methods.
1. An organ imposing a fine shall receive a record of violation or a certificate of violation describing the act of violation.
A record or a certificate of violation shall be received from the head of the organ, enterprise or foreign-invested enterprise that has committed an act of violation or from the individual who has committed an act of violation.
Where the offender refuses to draw up a record or certificate of violation although there is clear evidence of his act of violation, two or more third parties may be requested to put a signature of attestation,
2. Where an organ is to impose a fine that falls under the authority of the Zone law-abiding life guidance organ, the imposing organ shall submit to the Zone law-abiding life guidance organ an application for imposition of fine accompanied by a record or certificate of violation and a description of the act of violation.
Where fine is imposed by the relevant authorized organ, the organ concerned shall examine the matter. The relevant authorized organ shall examine and settle the application for imposition of fine within 10 days from its receipt,
3. Where a spot fine is received, a notice of imposition of fine issued by the Zone financial organ shall be delivered and its copy shall be kept, and
4. Fines imposed by the court or the arbitration organ of the Zone shall be governed by the separate procedures and methods stipulated for that purpose.
Article 13. A notice of imposition of fine shall be sent for execution through the organ that has applied for the imposition if the fine falls under the authority of the Zone law-abiding life guidance organ or directly by a relevant authorized organ if the fine falls under its authority. The procedures are as follows:
1. A notice of imposition of fine against an organ or enterprise shall be sent to the banking institution in which the organ or enterprise concerned keeps its account.
The banking institution shall transfer the amount stated in the notice of imposition of fine out of the account of the organ or enterprise concerned to the Zone budget.
2. A notice of imposition of fine against a DPRK citizen who has an occupation shall be sent to the same citizen and the organ, enterprise or foreign-invested enterprise that employs him as well as to the banking institution in which an account is kept by the organ, enterprise or foreign enterprise that employs him.
The banking institution shall transfer to the Zone budget the amount stated in the notice of imposition of fine out of the account kept by the organ, enterprise or foreign-invested enterprise that employs the citizen in question,
3. A notice of imposition of fine against a DPRK citizen who does not have an occupation shall be sent to the administration of dong or ri where the same citizen resides.
The dong or ri administration shall pay the amount of fine into the Zone budget and send a document certifying the payment to the organ that has issued the notice of imposition of fine.
4. A notice of imposition of fine against a foreign-invested enterprise or a foreigner shall be sent to the banking institution in which its or his account is kept.
Where it or he does not keep an account in any banking institution, it or he shall be required to pay the amount of fine to a specified banking institution and deliver a document issued by the same banking institution certifying the payment.
5. Where there is no balance remaining in the bank account, the offender shall be required to play an amount equivalent to the fine to a specified banking institution and deliver a document certifying the payment.
Article 14. Fines shall be collected within 1 month after the day when a notice of imposition of fine is received.
Fines that are collected from an organ, enterprise or the administration of ri or dong and fines that are collected on the spot by a relevant authorized organ shall be deposited with the relevant banking institution within 5 days.
Article 15. Where a fine is not paid within 1 month after the day when the notice of imposition of fine is received, such administrative sanctions as suspension of operation and confiscation of property equivalent to the fine shall be imposed, depending on the degree of non-payment, and In case of a grave violation, criminal punishment shall be applied.
Article 16. The Zone law-abiding life guidance organ shall supervise the imposition of fines by a relevant authorized organ and, where it is found that a fine has been imposed in an inappropriate way, may change or cancel the imposition.
Article 17. Where it is found that fines have been imposed at random or money received as a fine has been misappropriated or embezzled in violation of these regulations, the official responsible for the violation shall be subject to legal punishment.
Article 18. In case of a grievance in connection with the imposition of a fine, a complaint or petition may be submitted.
The complaint or petition shall be settled within 30 days from its receipt.


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