(1) The head of a customs office may defer the seizure of property or the sale of seized property to be conducted according to a disposition on default with regard to an amount in arrears, as prescribed by Presidential Decree, where such deferment is deemed possible to collect the amount in arrears by operating normal business. <Amended on Dec. 22, 2020>
(2) The head of a customs office may release the seizure of the property already seized, if deemed necessary to grant deferment under paragraph (1).
(3) In deferring the seizure of property or releasing the seizure of the property already seized pursuant to paragraph (1) or (2), the head of a customs office may request provision of a security for payment of customs duties corresponding thereto.
(4) Notwithstanding paragraph (3), the head of a customs office may not request provision of a security for payment of customs duties from a defaulter if such head receives a plan to pay the amount in arrears from the defaulter who has not been punished for any violation of this Act, the Act on Special Cases concerning the Refund of Customs Duties Levied on Raw Materials for Export, or the Punishment of Tax Offenses Act within recent three years as of the date the deferment of the disposition on default is determined and recognizes the validity of such plan. <Amended on Dec. 22, 2020>
(5) Where a defaulter who has been granted the deferment of a disposition on default falls under any of the following cases, the head of a customs office may revoke the deferment of the disposition on default, and collect the amount in arrears relevant to the deferment in a lump sum: Provided, That the head of a customs office may choose not to revoke the deferment of the disposition on default where he or she deems that any good cause exists in cases falling under subparagraph 1: <Amended on Dec. 22, 2020>
1. Where the amount in arrears is not paid in accordance with the relevant installment payment plan;
2. Where an order by the head of the customs office to change the security or any other order by the head of the customs office to perpetuate the security is not followed;
3. Where it is deemed unnecessary to grant deferment, due to changes in property status or other circumstances;
4. Where it is deemed impossible to collect the full amount in arrears relevant to the deferment until the deferred due date by falling under any of the following cases:(a) Where a compulsory collection or disposition on default has been imposed due to failure to pay any national tax, local tax, or public charge;(b) Where auction for compulsory execution, execution of a security right, etc. under the Civil Execution Act has begun;(c) Where a disposition on suspension of transaction has been imposed in a clearing house designated under the Bills of Exchange and Promissory Notes Act or the Check Act;(d) Where the business proprietor is declared bankrupt pursuant to the Debtor Rehabilitation and Bankruptcy Act;(e) Where the relevant corporation has been dissolved;(f) Where default of any customs duties has occurred or where an act intended to evade any customs duties is deemed existent.
(6) When deferring a disposition on default pursuant to paragraph (1) or revoking the deferment of a disposition on default pursuant to paragraph (5), the head of a customs office shall notify the defaulter of such fact. <Amended on Dec. 22, 2020>
(7) In any of the following cases, the head of a customs office may defer again a disposition on default with regard to an amount in arrears for which payment has been deferred pursuant to paragraph (1), after a period of deferment to pay such amount in arrears lapses: <Amended on Dec. 22, 2020>
1. Where no revocation of the deferment of a disposition on default is made pursuant to the proviso, with the exception of the subparagraphs, of paragraph (5);
2. Where the deferment of seizure or sale is revoked pursuant to paragraph (5) 3.
(8) The Commissioner of the Korea Customs Service may ask the head of a relevant institution to inquire about criminal records (limited to the cases of this Act, the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, the Act on Special Cases concerning the Refund of Customs Duties Levied on Raw Materials for Export, or the Punishment of Tax Evaders Act) in order to ascertain the violation of paragraph (4), and he or she shall comply with a request for cooperation except in extenuating circumstances. <Newly Inserted on Dec. 22, 2020>
(9) Except as provided in paragraphs (1) through (8), matters necessary for the deferment of seizure or sale, such as application for and notification of deferment of seizure or sale, and the period of deferment, shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020>[This Article Newly Inserted on Dec. 31, 2018][Title Amended on Dec. 22, 2020]