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ENFORCEMENT DECREE OF THE INDUSTRIAL SITES AND DEVELOPMENT ACT

Presidential Decree No. 13250, Jan. 14, 1991

Amended by Presidential Decree No. 13563, Dec. 31, 1991

Presidential Decree No. 13889, May 26, 1993

Presidential Decree No. 14002, Nov. 6, 1993

Presidential Decree No. 14429, Dec. 16, 1994

Presidential Decree No. 14447, Dec. 23, 1994

Presidential Decree No. 14438, Dec. 23, 1994

Presidential Decree No. 14915, Feb. 15, 1996

Presidential Decree No. 15098, jun. 29, 1996

Presidential Decree No. 15135, Aug. 8, 1996

Presidential Decree No. 15239, Dec. 31, 1996

Presidential Decree No. 15598, Dec. 31, 1997

Presidential Decree No. 15818, jun. 24, 1998

Presidential Decree No. 16093, Jan. 29, 1999

Presidential Decree No. 16203, Mar. 26, 1999

Presidential Decree No. 16515, Aug. 6, 1999

Presidential Decree No. 16709, Feb. 14, 2000

Presidential Decree No. 16891, Jul. 1, 2000

Presidential Decree No. 17288, jun. 30, 2001

Presidential Decree No. 17809, Dec. 18, 2002

Presidential Decree No. 17886, Jan. 14, 2003

Presidential Decree No. 18039, jun. 30, 2003

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18755, Mar. 25, 2005

Presidential Decree No. 19451, Apr. 20, 2006

Presidential Decree No. 19463, Apr. 28, 2006

Presidential Decree No. 20261, Sep. 10, 2007

Presidential Decree No. 20317, Oct. 4, 2007

Presidential Decree No. 20428, Nov. 30, 2007

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 20854, jun. 20, 2008

Presidential Decree No. 20947, Jul. 29, 2008

Presidential Decree No. 21041, Sep. 25, 2008

Presidential Decree No. 21215, Dec. 31, 2008

Presidential Decree No. 21445, Apr. 21, 2009

Presidential Decree No. 21561, jun. 25, 2009

Presidential Decree No. 21565, jun. 26, 2009

Presidential Decree No. 21590, jun. 30, 2009

Presidential Decree No. 21641, Jul. 27, 2009

Presidential Decree No. 21744, Sep. 21, 2009

Presidential Decree No. 21817, Nov. 10, 2009

Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 21847, Nov. 26, 2009

Presidential Decree No. 21881, Dec. 14, 2009

Presidential Decree No. 21887, Dec. 15, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22103, Mar. 26, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22273, Jul. 12, 2010

Presidential Decree No. 22449, Oct. 14, 2010

Presidential Decree No. 22894, Apr. 6, 2011

Presidential Decree No. 23297, Nov. 16, 2011

Presidential Decree No. 23356, Dec. 8, 2011

Presidential Decree No. 23718, Apr. 10, 2012

Presidential Decree No. 23914, jun. 29, 2012

Presidential Decree No. 23928, Jul. 4, 2012

Presidential Decree No. 24154, Oct. 29, 2012

Presidential Decree No. 25339, Apr. 29, 2014

Presidential Decree No. 25348, May 9, 2014

Presidential Decree No. 25453, Jul. 14, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25858, Dec. 16, 2014

Presidential Decree No. 26302, jun. 1, 2015

Presidential Decree No. 26316, jun. 15, 2015

Presidential Decree No. 26754, Dec. 22, 2015

Presidential Decree No. 26978, Feb. 11, 2016

Presidential Decree No. 27063, Mar. 29, 2016

Presidential Decree No. 27472, Aug. 31, 2016

Presidential Decree No. 27577, Nov. 8, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 28135, jun. 20, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 28586, Jan. 16, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Industrial Sites and Development Act and matters necessary for enforcing said Act. <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006>
 Article 1-2 (Sites for Industrial Facilities)
"Facilities prescribed by Presidential Decree" in subparagraph 7-2 of Article 2 of the Industrial Sites and Development Act (hereinafter referred to as "Act") means the following facilities: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26316, Jun. 15, 2015>
1. Energy supply facilities defined in subparagraph 6 of Article 2 of the Energy Act;
2. New and renewable energy facilities defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
3. University facilities relocating to an industrial complex pursuant to Article 2-7 of the Regulations on the Establishment and Operation of Universities and Colleges;
4. Facilities similar to knowledge industry-related facilities, cultural industry-related facilities, information and communications industry-related facilities, recycling industry-related facilities, resource stockpiling facilities, logistics facilities, etc., which are approved and publicly notified by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 24190, Nov. 20, 2012]
 Article 2 (Agricultural and Fishing Areas, etc.)
(1) "Rural areas prescribed by Presidential Decree" in subparagraph 8 (d) of Article 2 of the Act means agricultural and fishing villages defined in subparagraph 1 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24190, Nov. 20, 2012>
(2) Deleted. <by Presidential Decree No. 25453, Jul. 14, 2014>
 Article 2-2 (Functions of Committee for Deliberation on Industrial Location Policy)
The Committee for Deliberation on Industrial Location Policy referred to in Article 3 of the Act (hereinafter referred to as the "Deliberation Committee") shall deliberate on the following: <Amended by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24190, Nov. 20, 2012; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 27577, Nov. 8, 2016>
1. Matters concerning preparing guidelines for formulating an industrial location supply and demand plan;
2. Matters concerning formulating and altering industrial location development guidelines;
3. Matters concerning designating, altering, developing, and canceling national industrial complexes;
4. Matters concerning designating, altering, developing, and canceling urban high-tech industrial complexes (limited only to where the Minister of Land, Infrastructure and Transport is the person authorized to designate);
5. Matters concerning adjusting opinions between related agencies for designating and canceling general industrial complexes and urban high-tech industrial complexes (excluding where the Minister of Land, Infrastructure and Transport is the person authorized to designate);
6. Deleted; <by Presidential Decree No. 20317, Oct. 4, 2007>
7. Matters concerning assistance for infrastructural facilities of industrial complexes;
8. Matters concerning designating and developing industrial complexes for exclusive use by enterprises relocating to a province pursuant to Article 38-5 (1) of the Act (hereinafter referred to as "complex for exclusive use by relocating enterprises");
9. Matters concerning approval for designation of renovation project districts of industrial complexes (hereinafter referred to as "renovation project districts");
10. Other important matters concerning industrial location policies.
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-3 (Organization of Industrial Location Policy Deliberation Committee)
(1) The Deliberation Committee shall be comprised of not more than 30 members, including one chairperson and one vice-chairperson. <Amended by Presidential Decree No. 25858, Dec. 16, 2014>
(2) The Vice Minister for Land and Infrastructure of the Ministry of Land, Infrastructure and Transport shall become the chairperson, and the Assistant Minister of the Territorial and Urban Development Office of the Ministry of Land, Infrastructure and Transport shall become the vice-chairperson. <Amended by Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25091, Jan. 14, 2014>
(3) The following persons shall become its members: <Amended by Presidential Decree No. 25091, Jan. 14, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. Each person designated by the heads of affiliated agencies from among public officials of Grade III affiliated with the Office for Government Policy Coordination, the Ministry of Strategy and Finance, the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Oceans and Fisheries, the Ministry of SME's and Startups and the Korea Forest Service, or public officials in general service belonging to the Senior Executive Service;
2. Persons entrusted by the Minister of Land, Infrastructure and Transport from among persons with abundant professional knowledge and experience in industrial location policies.
(4) A secretary shall be assigned to the Deliberation Committee to take care of the affairs thereof and the secretary shall be appointed by the chairperson from among public officials belonging to the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-4 (Duties of Chairperson and Vice-Chairperson)
(1) The chairperson shall represent the Deliberation Committee and exercise overall control and supervision over the affairs of the Deliberation Committee.
(2) The vice-chairperson shall assist the chairperson and act as a chairperson on his/her behalf if the chairperson is absent by accident, and a member shall act as a chairperson on his/her behalf in the order provided in Article 2-3 (3) if both the chairperson and vice-chairperson are absent by accident.
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-5 (Exclusion, Challenge or Voluntarily Refrainment of Members)
(1) Where a member of the Deliberation Committee (hereafter in this Article and Article 2-6, referred to as "member") falls under any of the following cases, he/she shall be excluded from deliberation or resolution by the Deliberation Committee:
1. Where a member or a person who is or was his/her spouse becomes the party to the relevant agenda or is a joint obligee or joint obligor with the party to such agenda;
2. Where a member is or was a relative of the party to the relative agenda;
3. Where a member has provided consultation, conducted research, provided services (including a subcontract), conducted appraisal or examination on the relevant agenda;
4. Where a member, or a corporation, organization, etc. to which he/she belongs is or was an agent of the party to the relevant agenda;
5. Where a company, etc., with which a member serves or served for the last three years as an executive officer or employee, has provided consultation, conducted research, provided services (including a subcontract), conducted appraisal or examination on the relevant agenda.
(2) Where it is impracticable for the party to the relevant agenda to expect a fair deliberation or resolution from a member, he/she may file an application for challenge with the Deliberation Committee and it shall determine on such challenge by resolution. In such cases, a member who is the subject of an application for challenge shall not participate in such resolution.
(3) Where a member falls under a reason for refrainment prescribed in the subparagraphs of paragraph (1), he/she shall voluntarily refrain him/herself from deliberation or resolution on the relevant agenda.
[This Article Newly Inserted by Presidential Decree No. 23928, Jul. 4, 2012]
 Article 2-6 (Dismissal of Members)
In any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss a Deliberation Committee member from office:
1. Where the member becomes incapable of performing his/her duties due to a mental disorder;
2. Where the member engages in misconduct in connection with his/her duties;
3. Where the member is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or on any other reason;
4. Where the member fails to refrain himself/herself despite that he/she falls under a case set forth in any subparagraph of Article 2-5 (1);
5. Where the member voluntarily admits that it is impractical for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 2-7 (Convocation of Meetings and Quorum for Decision-Making)
(1) The chairperson shall convene and preside over meetings of the Deliberation Committee.
(2) If the chairperson intends to convene a meeting of the Deliberation Committee, he/she shall notify each member of the date and time, place and matters to be deliberated upon by no later than three days before holding the meeting: Provided, That the same shall not apply in cases of emergency.
(3) Meetings of the Deliberation Committee shall open with a majority of all registered members present, and determination shall be made by an affirmative vote of a majority of those present.
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-8 (Working Committee for Industrial Complexes for Lease Only)
(1) A working committee for industrial complexes for lease only (hereinafter referred to as "working committee") shall be established under the control of the Deliberation Committee to deliberate on the following matters concerning industrial complexes for lease only designated under Article 46-6 of the Act:
1. Matters concerning survey of demand and plans for supplying industrial complexes for lease only;
2. Matters concerning formulating and altering guidelines relating to industrial complexes for lease only;
3. Matters concerning designating, altering, and developing industrial complexes for lease only;
4. Matters concerning adjusting opinions of related agencies for designating industrial complexes for lease only;
5. Matters concerning support to industrial complexes for lease only;
6. Other matters concerning major policies on industrial complexes for lease only.
(2) Persons appointed by the head of each agency to which they belong from among public officials belonging to the Senior Executive Service of the Ministry of Land, Infrastructure and Transport and the Ministry of Trade, Industry and Energy shall jointly chair the working committee and the following persons shall be its members: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Each person appointed by the head of each competent agency from among public officials of Grade IV belonging to the Ministry of Strategy and Finance, the Ministry for Agriculture, Food and Rural Affairs, the Ministry of Environment, and the Korea Forest Service;
2. Persons commissioned by the Minister of Land, Infrastructure and Transport from among persons with abundant knowledge about and experience in the field relating to industrial location policies.
(3) In order to conduct affairs of the working committee, two administrative secretaries shall be assigned to the working committee and the joint chairperson shall appoint each one administrative secretary from among public officials belonging to the Ministry of Land, Infrastructure and Transport and the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(4) Articles 2-4 through 2-7, 2-9, and 2-10 shall apply mutatis mutandis to the operation, etc. of the working committee. <Amended by Presidential Decree No. 23928, Jul. 4, 2012; Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
 Article 2-9 (Cooperation with Related Agencies, etc.)
If deemed necessary for deliberation, the Deliberation Committee may request related agencies to submit necessary data or hear opinions of any public officials of the related agencies. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-10 (Detailed Guidelines for Operation)
Except as otherwise expressly prescribed for in this Decree, matters necessary for operating the Deliberation Committee shall be determined by the chairperson through the resolution of the Deliberation Committee. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-11 (Use of Experts, etc.)
If deemed necessary for formulating, altering, or executing industrial location policies, the Minister of Land, Infrastructure and Transport may seek advice from experts, etc., or request them to conduct an examination and research. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 2-12 (Publication of Results of Basic Inspections)
The Minister of Land, Infrastructure and Transport shall publish the following matters as to basic inspections by Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do and Special Self-Governing Province (hereinafter referred to as "City/Do") and by industrial site type conducted pursuant to Article 4 (2) of the Act:
1. Current situations of enterprises, such as a business type and occupational type;
2. Actual situations of startups and removal of enterprises;
3. Enterprises' demand for new factory sites;
4. Other matters necessary to ascertain the prospect of supply and demand of industrial sites.
[This Article Newly Inserted by Presidential Decree No. 28135, Jun. 20, 2017]
 Article 3 (Detailed Guidelines, etc. for Development of Agricultural and Industrial Complexes)
(1) The Minister of Land, Infrastructure and Transport shall prepare basic guidelines for the designation and development of agricultural and industrial complexes under the proviso to Article 5 (1) of the Act, and the Minister of Agriculture, Food and Rural Affairs shall prepare and provide public notice of detailed guidelines for development of agricultural and industrial complexes after deliberation by the Deliberation Committee to assist the development of industrial and agricultural complexes under Articles 77 through 80 of the Rearrangement of Agricultural and Fishing Villages Act (hereinafter referred to as "detailed guidelines for development of agricultural and industrial complexes"). <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 21887, Dec. 15, 2009; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Detailed guidelines for development of agricultural and industrial complexes referred to in paragraph (1) shall include the following:
1. Matters concerning classification of agricultural and fishing villages and differentiated assistance thereto;
2. Matters concerning defrayment of expenses for developing sites for agricultural and industrial complexes by financing resources and assistance related thereto;
3. Matters concerning survey and design, work supervision, and subsidy for expenses incurred in connection with the development of sites for agricultural and industrial complexes;
4. Matters concerning execution of national subsidies relating to site development expenses for agricultural and industrial complexes and settlement of accounts related thereto;
5. Matters concerning subsidization of expenses for training human resources employed in agricultural and industrial complexes;
6. Matters concerning promotion of the employment of local farmers and fishermen;
7. Matters concerning preferential relocation into agricultural and industrial complexes by enterprises utilizing local natural resources, such as agricultural products.
(3) Where the Minister of Land, Infrastructure and Transport or the Minister of Agriculture, Food and Rural Affairs intends to amend the contents of detailed guidelines for development of agricultural and industrial complexes, he/she shall seek opinions of Special Metropolitan City Mayors, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors and Governors of Special Self-Governing Provinces (hereinafter referred to as "City Mayor/Do Governor") and large city mayors prescribed in Article 175 of the Local Autonomy Act (hereinafter referred to as "large city mayor"), consult with heads of the relevant central administrative agencies, and refer it to the Deliberation Committee for deliberation: Provided, That the foregoing shall not apply to minor amendments under Article 5. <Newly Inserted by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28135, Jun. 20, 2017>
 Article 4 (Matters to Be Included in Industrial Location Development Guidelines)
"Matters prescribed by Presidential Decree" in Article 5 (2) 4 of the Act means any of the following: <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21445, Apr. 21, 2009; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 25339, Apr. 29, 2014; Presidential Decree No. 25858, Dec. 16, 2014>
1. Matters to be considered for balanced development among regions;
2. Matters to be considered for the preservation of cultural heritage;
3. Matters necessary for stabilizing land prices;
4. Matters concerning the determination of sale prices;
5. Matters necessary for formulating an industrial complex development plan, such as construction of infrastructure, including roads and railroads, green area creation rate, rate of securing sites for industrial complexes for lease and sites for public housing, and standards for preparation of plan for placement of types of business to be invited.
 Article 5 (Minor Amendments in Industrial Location Development Guidelines)
"Alteration of any insignificant matter prescribed by Presidential Decree" in the proviso to Article 5 (3) of the Act means alterations of matters, excluding any of the following matters to the extent not to alter the whole system of industrial location development guidelines. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 23914, Jun. 29, 2012>
1. Matters referred to in Article 5 (2) 1 through 3 of the Act;
2. Matters referred to in subparagraphs 1, 4 and 5 of Article 4.
 Article 6 (Preparation, etc. of Industrial Location Development Guidelines)
(1) If it is deemed necessary for preparing industrial location development guidelines, the Minister of Land, Infrastructure and Transport may request the heads of related administrative agencies to furnish materials falling under any subparagraphs of Article 5 (2) of the Act. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The industrial location development guidelines shall be prepared in such a way as to ensure that the industrial locations are properly distributed for the balanced development between regions. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
 Article 6-2 (Preparation, etc. of Industrial Location Supply and Demand Plans)
(1) Where the Minister of Land, Infrastructure and Transport intends to prepare guidelines for formulating an industrial location supply and demand plan under Article 5-2 (1) of the Act, he/she shall take into account related plans, such as comprehensive national land plans and Seoul Metropolitan area readjustment plans. <Amended Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The scheduled period for guidelines for formulating an industrial location supply and demand plan under Article 5-2 of the Act shall be ten years, subject to modification or supplementation after analyzing the demand trends and outcomes of supply of industrial locations as the need arises. <Amended by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011>
(3) "Matters prescribed by Presidential Decree" in Article 5-2 (6) 5 of the Act means the following: <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 22103, Mar. 26, 2010; Presidential Decree No. 23297, Nov. 16, 2011>
1. A plan for designation of industrial complexes;
2. Matters concerning demand for industrial sites;
3. A industrial complex renovation plan referred to in Article 39-2 (5) of the Act (hereinafter referred to as "renovation plan");
4. Other matters necessary for the efficient supply of industrial locations.
(4) When the Minister of Land, Infrastructure and Transport has the results of a demand survey on industrial sites which are either directly conducted by him/her or forwarded by the heads of relevant agencies, the Minister shall forward them to Mayors/Do Governors to be factored into the industrial location supply and demand plan. <Newly Inserted by Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 6-3 (Designation of Entrusted Business Operators of Industrial Location Information Networks)
(1) "Agencies or organizations prescribed by Presidential Decree" in Article 5-3 (3) of the Act means any of the following agencies or organizations: <Amended by Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 16093, Jan. 29, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013>
1. The Korea Chamber of Commerce and Industry established under the Chambers of Commerce and Industry Act;
2. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;
4. Other agencies or organizations determined by the Minister of Land, Infrastructure and Transport after holding consultations with the Minister of Trade, Industry and Energy.
(2) The Minister of Land, Infrastructure and Transport may designate any agency or organization to be entrusted with the operation of the industrial location information networks and entrust the operation to such agency or organization individually or jointly, from among agencies or organizations referred to in paragraph (1), after holding consultations with the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Any agency or organization which has been entrusted with the operation affairs of the industrial location information networks pursuant to paragraph (2) (hereinafter referred to as "entrusted business operator") may have a person who uses the relevant industrial location information networks, bear expenses incurred therefrom. <Amended by Presidential Decree No. 17288, Jun. 30, 2001>
(4) Deleted. <by Presidential Decree No. 17288, Jun. 30, 2001>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 6-4 (Affairs, etc. of Entrusted Business Operators)
(1) Entrusted business operators shall perform the following affairs: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Designing and establishing the industrial location information networks;
2. Building, diffusing, and operating of database for the industrial location information networks;
3. Installing and managing computers and communications equipment for the building and operation of the industrial location information networks;
4. Conducting surveys on demands and various data concerning the industrial location information networks;
5. Collecting and managing information on industrial locations;
6. Other affairs deemed necessary and requested by the Minister of Land, Infrastructure and Transport.
(2) An entrusted business operator shall prepare a plan for industrial location information networks business containing matters falling under each subparagraph of paragraph (1) and submit it as well as the performance status thereof, to the Minister of Land, Infrastructure and Transport, by the end of each year, as prescribed by the Minister of Land, Infrastructure and Transport. The same shall apply to any alteration of the submitted business plans. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport may provide an entrusted business operator with the funds, equipment, technology, or administrative support required for the smooth operation of the industrial location information networks. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport may prepare operational guidelines for managing industrial location information networks, the input and output of data, and other necessary matters concerning operating the industrial location information networks. In such cases, where the Minister of Land, Infrastructure and Transport builds up and operates the industrial location information networks jointly with the heads of related administrative agencies, such as the Minister of Trade, Industry and Energy, he/she shall prepare the operational guidelines after holding consultations with the heads of relevant agencies. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001]
 Article 7 (Industrial Complex Development Plans, etc.)
(1) "Any important matter prescribed by Presidential Decree" in the latter part of Article 6 (4), Article 7-2 (5), and the main sentence of Article 10 (1) of the Act means the following, respectively: <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25091, Jan. 14, 2014; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 27577, Nov. 8, 2016>
1. Alteration of at least ten percent of the area of an industrial complex;
2. Alteration of the types of main industries to be invited (limited to where the increase of the capacity or area of infrastructure other than roads is involved);
3. Alteration of a land utilization plan and a major infrastructure installation plan determined by the Minister of Land, Infrastructure and Transport.
(2) "Matters prescribed by Presidential Decree" in Article 6 (5) 9 of the Act means the following: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 23913, Jun. 29, 2012; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 27577, Nov. 8, 2016>
1. The period for implementing an industrial complex development project;
2. A support plan for major facilities for the development of industrial complexes;
3. A plan for placement of the types of business to be invited or areas supplied by type of business to be invited (where an occupancy agreement is concluded between a person authorized to designate industrial complex under Article 9 (1) and an enterprise wishing to relocate into the industrial complex, including a plan for placement of such enterprise or the area such enterprise wishes to use; hereinafter the same shall apply);
4. Data on demand for occupancy;
5. Land to be supplied retaining original features pursuant to Article 38-2 of the Act and the development direction thereof;
6. Matters concerning facilities to be installed pursuant to Article 40 (3).
(3) Where the Minister of Land, Infrastructure and Transport invites the public to propose an industrial complex development plan pursuant to Article 6 (6) of the Act after designating an industrial complex, he/she shall make a public announcement of the following matters at least once through daily newspapers having nationwide circulation and the Official Gazette. In such cases, the period for the participation shall be at least 90 days: <Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016>
1. Outline of the industrial complex development plan;
2. Qualification for participation in, and time schedule of, the public contest;
3. Plan for evaluating and screening the industrial complex development plans proposed;
4. Procedures for designating an industrial complex development project operator;
5. Guidelines for preparing a proposal for the industrial complex development plan;
6. Other matters necessary for the public contest of proposals for the industrial complex development plan.
(4) The Minister of Land, Infrastructure and Transport may evaluate industrial complex development plans proposed by organizing a public contest committee under the jurisdiction of the Deliberation Committee. In such cases, matters necessary for composing, operating, etc. the public contest committee shall be determined by the Minister of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016>
(5) "Percentage prescribed by Presidential Decree" in Article 6 (8) of the Act means the percentage in the following classifications: Provided, That where a multi-functional site is included, in which at least 50 percent of the area is an area for industrial facilities, the area of the relevant multi-functional site shall not exceed 1/2 of the area of the industrial facility site actually created in at least the following ratio: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24154, Oct. 29, 2012; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 27063, Mar. 29, 2016>
1. National industrial complexes and general industrial complexes: 50 percent;
2. Urban high-tech industrial complexes: 40 percent;
3. Agricultural and industrial complexes: 60 percent.
[This Article Wholly Amended by Presidential Decree No. 14002, Nov. 6, 1993]
 Article 8 (Designation of General Industrial Complexes)
"Area prescribed by Presidential Decree" in the proviso to Article 7 (1) of the Act means 300,000 square meters.
[This Article Wholly Amended by Presidential Decree No. 28135, Jun. 20, 2017]
 Article 8-2 (Consultations about Designation of Industrial Complexes)
(1) The head of a related administrative agency in receipt of a request for consultation about an industrial complex development plan, etc. referred to in Articles 6, 7 and 7-2 of the Act shall present his/her opinions thereon within 20 days therefrom: Provided, That the same shall not apply where matters for consultations are provided in other statutes in relation to creation of industrial complexes. <Amended by Presidential Decree No. 17288, Jun. 30, 2001>
(2) If the head of a related administrative agency in receipt of a request for consultation referred to in paragraph (1) finds it impractical to present his/her opinions within the consultation period, he/she shall make notification by specifying grounds therefor and time limit for return and return his/her opinions within the notified time limit.
[This Article Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998]
 Article 8-3 (Designation, etc. of Urban High-Tech Industrial Complexes)
(1) "Area prescribed by Presidential Decree" in the proviso to Article 7-2 (1) of the Act means 100,000 square meters. <Amended by Presidential Decree No. 23297, Nov. 16, 2011>
(2) "Areas prescribed by Presidential Decree, including the Seoul Special Metropolitan City" in Article 7-2 (2) of the Act means the Seoul Special Metropolitan City. <Amended by Presidential Decree No. 23297, Nov. 16, 2011>
[This Article Wholly Amended by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 8-4 (Special Cases concerning Designation of Urban High-Tech Industrial Complexes)
"Areas or districts prescribed by Presidential Decree" in Article 7-3 (1) 7 of the Act means the commercial rental housing supply promotion districts defined in subparagraph 12 of Article 2 of the Special Act on Private Rental Housing.
[This Article Newly Inserted by Presidential Decree No. 27577, Nov. 8, 2016]
 Article 9 (Public Notification, etc. of Designation of Industrial Complexes or Development Plans)
(1) If the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/autonomous Gu (hereinafter referred to as “designating authority of industrial complexes") designates industrial complexes or alters the designation thereof pursuant to Article 7-4 (1) of the Act, he/she shall give public notice of the following matters (in cases of an alteration, limited to the altered matters): Provided, That if matters referred to in subparagraphs 3 and 8 are yet to be finalized as at the time of designation, such matters may be publicly notified after the details are finalized: <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25858, Dec. 16, 2014>
1. Name, location, and area of the industrial complex;
2. Objectives of designating the industrial complex;
3. Operator of the industrial complex development project;
4. Period and method of development of the industrial complex;
5. Major types of business to be invited;
5-2. A plan for placement of the types of business to be invited or areas supplied by type of business to be invited;
6. A land utilization plan and plan for principal infrastructural facilities;
7. A plan to support major facilities for developing industrial complexes;
8. If land, structures, or other things or rights to be expropriated and used exist, a detailed list and the owners thereof, and the names and addresses of interested persons defined in subparagraph 5 of Article 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
9. Deleted; <by Presidential Decree No. 15098, Jun. 29, 1996>
10. A method of inspecting related books.
(2) When the designating authority of industrial complexes alters an industrial complex development plan referred to in Article 6 (3), 7 (2), or 7-2 (4) of the Act, he/she shall provide public notice of matters prescribed in paragraph (1) 1 through 4, and matters so altered. <Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(3) The head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Si/Gun") in receipt of related documents under Article 7-4 (1) of the Act shall make them available for public inspection for at least 14 days. <Amended by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(4) "Period prescribed by Presidential Decree" in the proviso to Article 7-4 (2) of the Act means one year from the date a person is designated as the operator of an industrial complex development project. <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011>
[This Article Wholly Amended by Presidential Decree No. 14002, Nov. 6, 1993]
 Article 10 (Approval, etc. for Designation of Agricultural and Industrial Complexes)
(1) Where the head of a Si/Gun (excluding large city mayors) intends to obtain approval for designation of agricultural and industrial complexes under Article 8 (2) of the Act, he/she shall submit to the competent Mayor/Do Governor a written application for approval for designation of agricultural and industrial complexes, stating the following matters: <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 28135, Jun. 20, 2017>
1. Name of the industrial complex;
2. Objectives and requirement for designating the industrial complex;
3. Location and size of areas subject to designation;
4. Period and method of development of the industrial complex;
5. Major categories of business to be invited.
(2) A written application for approval for designation of agricultural and industrial complexes referred to in paragraph (1) shall be accompanied by the following documents and drawings: <Amended by Presidential Decree No. 25858, Dec. 16, 2014>
1. Drawings of location;
1-2. Data on demand for occupancy;
1-3. Documents on the analysis of fundamentals, such as roads, water, electricity and telecommunication, and documents on plan for installation of infrastructural facilities;
1-4. Documents on agricultural and industrial complex development plan;
2. Documents on the status of land utilization in an area to be designated;
3. Documents on the development support by the State or local governments;
4. Documents on the status of employable human resources in areas adjacent to an agricultural and industrial complex;
5. Documents on the anticipated effects of employment and increased income of farming and fishing households resulting from the development of agricultural and industrial complexes;
6. Documents or drawings on the anticipated effect of development on the preservation of the agricultural and fishing community environment and cultural properties.
(3) Where a Mayor/Do Governor intends to grant approval for designation for agricultural and industrial complexes under Article 8 (2) of the Act, he/she shall consult with the heads of related administrative agencies, and, if deemed necessary, he/she may hear opinions of a deliberation council on policies for City/Do agriculture, rural communities, and the food industry under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry or a City/Do fisheries/fishing village policy review committee under Article 8 of the Framework Act on Fisheries and Fishing Villages Development. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20854, Jun, 20, 2008; Presidential Decree No. 21847, Nov. 26, 2009; Presidential Decree No. 24484, Mar. 23, 2013; Presidential Decree No. 26754, Dec. 22, 2015>
(4) "Alteration of any insignificant matter prescribed by Presidential Decree" in the proviso to Article 8 (2) of the Act means the altering matters other than those referred to in the subparagraphs of Article 7 (1). <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 23297, Nov. 16, 2011>
(5) When the head of a Si/Gun designates or alters an agricultural and industrial complex, he/she shall provide public notice of it in the Official Gazette or the official bulletin. In such cases, Article 9 (1) and (2) shall apply mutatis mutandis. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
 Article 10-2 (Restrictions on Designation of Industrial Complexes)
(1) "Area or unsold ratio ...(omitted)... prescribed by Presidential Decree" in the main sentence of Article 8-2 (1) of the Act means the area or unsold ratio in the following classifications: <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree. No. 21561, Jun. 25, 2009; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 25348, May 9, 2014; Presidential Decree No. 28135, Jun. 20, 2017>
1. National industrial complexes: At least 15 percent of the unsold ratio in lots by City/Do;
2. General industrial complexes: At least 30 percent of the unsold ratio in lots by City/Do;
3. Urban high-tech industrial complexes: Area or unsold ratio by City/Do in the following classification:
(a) Area: At least 3.3 million square meters: Provided, That where the Minister of Land, Infrastructure and Transport designates urban high-tech industrial complexes shall be excluded;
(b) Unsold ratio: At least 30 percent;
4. Agricultural and industrial complexes: Area not smaller than that set forth by the detailed guidelines for the development of agricultural and industrial complexes within the extent from one million square meters to two million square meters by Si/Gun/Gu, or at least 30 percent of the unsold ratio in lots by Si/Gun.
(2) "Industrial complex for which demand for occupancy of enterprises has been confirmed, as prescribed by Presidential Decree" in Article 8-2 (1) 2 of the Act means an industrial complex for which demand for occupancy of enterprises has been confirmed based on objective data, such as a written agreement of occupancy concluded between the designating authorities of industrial complexes and enterprises wishing to relocate to the industrial complex. <Newly Inserted by Presidential Decree No. 21561, Jun. 25, 2009>
[This Article Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001]
 Article 10-3 (Standards, etc. for Designation of Quasi Industrial Complexes)
(1) Quasi industrial complexes shall be designated under Article 8-3 of the Act only when all of the following requirements are satisfied: <Amended by Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 23914, Jun. 29, 2012; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014>
1. That an area to be designated as a quasi-industrial complex shall be an industrial area, planned control area, or development promotion district under the National Land Planning and Utilization Act: Provided, That where the surface area of a planned control area is at least 50 percent of the surface area of an area to be designated as a quasi-industrial complex, a quasi-industrial complex may be designated including a production management area, preservation and management area (limited to cases in compliance with the following requirements) or a rural area (excluding a farming promotion area under the Farmland Act, a preserved mountainous district under the Mountainous Districts Management Act and grassland under the Grassland Act):
(a) Where the entire area of a quasi-industrial complex is equal to not exceeding 100,000 square meters: Within 20 percent of the entire area of a quasi-industrial complex;
(b) Where the entire area of a quasi-industrial complex exceeds 100,000 square meters: Within ten percent of the entire area of a quasi-industrial complex.
2. That the size of area to be designated as a quasi-industrial complex shall be at least 300,000 square meters (between 30,000 square meters and 60,000 square meters in cases of nature preservation regions under the Seoul Metropolitan Area Readjustment Planning Act);
3. That the size of the site for factories or distribution facilities for which the building permit has been obtained under Article 11 of the Building Act, or a construction reporting thereon has been filed under Article 14 of the same Act shall exceed 40 percent of the size of the area to be designated as a quasi-industrial complex;
4. That the number of factories issued the building permission under Article 11 of the Building Act or factories registered under Article 14 of the same Act, within an area to be designated as a quasi-industrial complex shall be at least two. In such cases, if a corporation or a business operator owns multiple factories, such factories shall be deemed a single factory;
5. That consent of at least 1/2 of the total number of land owners and factory owners whose size of land in possession is equal to at least 1/2 of the size of land of the area to be designated as a quasi-industrial complex.
(2) Where a quasi-industrial complex is designated in a preservation and management area under the proviso to the main sentence of paragraph (1) 1, measures to minimize environmental deterioration shall be considered, such as planning as a green zone or park. <Newly Inserted by Presidential Decree No. 25858, Dec. 16, 2014>
(3) A renovation plan in Article 8-3 (2) of the Act shall contain the following matters:
1. The status of factories and use of land within the relevant area;
2. The location and size of the quasi industrial complex;
3. Objectives of designation of the quasi industrial complex;
4. The operator of the quasi industrial complex development project;
5. The method of executing the quasi industrial complex development project;
6. Major types of business to be invited;
7. A plan for utilizing land and a plan for major infrastructural facilities;
8. A financing plan;
9. Details as to land, buildings, other things or rights to be expropriated or used, if any;
10. The period for execution of the quasi industrial project development project;
11. A plan for assistance with major facilities to foster the quasi-industrial complex.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 10-4 (Subsidization of Expenses, etc. for Quasi-Industrial Complexes)
"Quasi-industrial complex that meets the requirements prescribed by Presidential Decree, such as the area and location" in Article 8-3 (5) of the Act means a quasi-industrial complex that meets each of the following requirements: <Amended by Presidential Decree No. 23914, Jun. 29, 2012; Presidential Decree No. 24190, Nov. 20, 2012>
1. That it shall meet the area requirements classified as follows:
(a) Where the State grants a subsidy or provides facilities: At least 70,000 square meters;
(b) Where a local government grants a subsidy or provides facilities: At least 30,000 square meters;
2. That it shall be in an area with a high density of factories and in need of calculated management as sprawling development is feared.
[This Article Newly Inserted by Presidential Decree No. 21561, Jun. 25, 2009]
 Article 11 (Hearing of Opinions of Residents, etc.)
(1) Where the designating authority of industrial complexes intends to gather consensus from residents, related experts, etc. pursuant to Article 10 (1) of the Act, he/she shall make a public announcement of the main contents of the draft of an industrial complex development plan in a daily newspaper whose main circulation territory is the relevant region and on the website of the authority to designate such industrial complexes and shall allow the general public to peruse them for at least 14 days. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 26978, Feb. 11, 2016>
(2) Notwithstanding the provisions of paragraph (1), where the Minister of Land, Infrastructure and Transport or a City Mayor/Do Governor (excluding Special Self-Governing City Mayors and Governors of Special Self-Governing Provinces: hereafter in this Article, the same shall apply) is the designating authority of industrial complexes, he/she shall forward the contents of the draft of an industrial complex development plan to the head of a Si/Gun who has jurisdiction over the place of location of the relevant industrial complex, and the head of a Si/Gun shall make a public announcement of the main contents of the draft of the industrial complex development plan in a daily newspaper whose main circulation territory is the relevant region and on the website of the relevant agency, and shall allow the general public to peruse them for at least 14 days. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 28135, Jun. 20, 2017>
(3) A person who has opinions in respect of the contents of a draft of an industrial complex development plan publicly announced under paragraphs (1) and (2) may present a written opinion to the head of the relevant Si/Gun within the period for perusal. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 26978, Feb. 11, 2016>
(4) When the period for perusal expires, the head of a Si/Gun who has received the contents of the draft of an industrial complex development plan shall present a statement of the opinions of residents, related experts, etc. presented pursuant to paragraph (3) and written results of review in respect of the presented opinions, to the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016>
 Article 12 Deleted. <by Presidential Decree No. 23297, Nov. 16, 2011>
 Article 13 (Requests, etc. by Private Enterprises, etc. for Designation of Industrial Complexes)
(1) "Person,---(Omitted)---, who meets the requirements prescribed by Presidential Decree" in Article 11 (1) of the Act means a person (excluding the Sate and local governments under Article 16 (1) 1 of the Act and a person falling under subparagraph 5 of the same paragraph) falling under any subparagraph of Article 16 (1) of the Act. <Amended by Presidential Decree No. 25348, May 9, 2014>
(2) A person who intends to request designation of an industrial complex pursuant to Article 11 (1) of the Act shall submit to the designating authority of industrial complexes an application for designation for industrial complex stating matters prescribed in the subparagraphs of Article 10 (1), accompanied by the following documents and drawings: <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21561, Jun. 25, 2009>
1. Drawings of location;
2. Documents on the analysis of fundamentals, such as roads, water, electricity, and communications services, and documents on plan for installation of infrastructural facilities;
3. Documents on the industrial complex development plan;
4. Data on demand for occupancy.
(3) Upon receipt of an application for designation for a national industrial complex, general industrial complex, or urban high-tech industrial complex filed under paragraph (2), the designating authority of industrial complexes shall designate the relevant area as a national industrial complex, general industrial complex, or urban high-tech industrial complex, respectively, only if it is deemed feasible after making a comprehensive review of industrial location development guidelines and relations with other industrial complex development plans. In such cases, he/she may establish a committee comprised of related public officials of a City/Do or a Si/Gun/Gu and have the committee review the designation of such industrial complex. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(4) Upon receipt of an application for designation for an industrial complex filed under paragraph (2), the head of a Si/Gun shall submit the outcomes of the review to the designating authority of industrial complexes within 30 days therefrom, and where it is impracticable to submit such outcomes within such period due to inevitable grounds, he/she shall submit a statement setting a deadline for submission. In such cases, the submission of the review results by the head of a Si/Gun shall be deemed the application by the head of a Si/Gun/Gu under Article 7-2 (1) of the Act. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
(5) Upon receipt of an application for designation as a national industrial complex, general industrial complex, or urban high-tech industrial complex filed under paragraph (2), the designating authority of industrial complexes may designate an industrial complex by reducing or expanding the area of the relevant industrial complex after hearing opinions of a person who has applied for designation for an industrial complex where it is deemed necessary after comprehensively examining the adequate supply of industrial locations, expansion of infrastructure, environmental impacts, employment problems, supply and demand for human resources, and relationship with hinterland cities. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(6) Where the designating authority of industrial complexes deems it inappropriate to designate an area applied for under paragraph (2) as an industrial complex, he/she shall notify the applicant of the reasons therefor, or inform such applicant of an appropriate alternative location in any other industrial complex being developed by the State or local governments. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(7) The size of an industrial complex which may be requested to be designated as an industrial complex under Article 11 (4) of the Act shall be at least 30,000 square meters (in cases of an urban high-tech industrial complex, at least 10,000 square meters). <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15048, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005>
 Article 14 (Conducts Requiring Permission, etc.)
(1) Conducts requiring permission from Special Metropolitan City Mayors, Metropolitan City Mayors, Special Self-Governing City Mayors, Governors of Special Self-Governing Provinces, or the heads of Sis/Guns pursuant to Article 12 (1) of the Act are as follows: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. Constructing, etc. buildings: Construction, large-scale repair, or alteration of use of a building (including a temporary building) under Article 2 (1) 2 of the Building Act;
2. Installing structures: Installation of a facility (excluding any building under Article 2 (1) 2 of the Building Act) fabricated by applying human skill;
3. Amending the form and quality of land: Amending the shape of land by cutting, raising, leveling, and paving land, excavating land, or reclaiming public waters;
4. Collecting earth and stones: Collecting earth and stones, such as earth, sand, gravel, and boulder: Provided, That amending the form and quality of land shall conform to subparagraph 3;
5. Subdividing land;
6. Piling up goods: Piling up goods which are not easy to move for at least one month;
7. Felling and planting bamboo.
(2) Where a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Governor of a Special Self-Governing Province, or the head of a Si/Gun intends to grant permission with respect to any conduct prescribed in the subparagraphs of paragraph (1) pursuant to Article 12 (1) of the Act and where an operator of an industrial complex development project (hereinafter referred to as "project operator") has been designated pursuant to Article 16 of the Act, he/she shall hear opinions of the project operator in advance. In such cases, the project operator shall present his/her opinions within ten days after receipt of such request to present opinions from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Governor of the Special Self-Governing Province, or the head of the Si/Gun. <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 28135, Jun. 20, 2017>
(3) "Conduct prescribed by Presidential Decree" in Article 12 (2) 2 of the Act means any of the following conducts which do not require permission for development activities under Article 56 of the National Land Planning and Utilization Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013>
1. Installing a simple structure determined by Ordinance of the Ministry of Land, Infrastructure and Transport, which is directly used for producing agricultural, forest, and marine products;
2. Amending the form and quality of land for cultivation;
3. Collecting earth and stones to the extent not spoiling natural scenic beauty and not hindering the development of any industrial complex;
4. Piling up goods within a site determined to be preserved within any industrial complex;
5. Temporary planting of bamboo for ornamental purposes (excluding temporary planting in any land for cultivation).
(4) Any person who is required to report pursuant to Article 12 (3) of the Act shall report to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Governor of the competent Special Self-Governing Province, or the head of the competent Si/Gun along with the progress report of the construction works or project, and the implementation plan within 30 days from the date of a public announcement under Article 10 (1) of the Act or the date the industrial complex is designated and publicly notified. <Amended by Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 28135, Jun. 20, 2017>
[This Article Wholly Amended by Presidential Decree No. 19503, Jun. 7, 2006]
 Article 15 (Cancellation of Designation of Industrial Complexes)
(1) "Period prescribed by Presidential Decree" in Article 13 (1) of the Act means any of the following periods: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011>
1. National industrial complexes: Five years;
2. General industrial complexes and urban high-tech industrial complexes: Three years;
3. Agricultural and industrial complexes: Two years.
(2) "Ratios prescribed by Presidential Decree within the periods prescribed by Presidential Decree" in Article 13 (2) 1 (b) of the Act means the ratios and periods in the following categories: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. Within three years: At least 30/100 of the designated area of the relevant industrial complex;
2. Within five years: At least 50/100 of the designated area of the relevant industrial complex.
(3) "Cases prescribed by Presidential Decree" in Article 13 (2) 1 (c) of the Act means where it is impossible or is expected to be impossible to achieve the purpose of designating an industrial complex due to the anticipation of lack of demand for sites for industrial facilities, etc. resulting from changes in industrial environment. <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
(4) If the designating authority of industrial complexes intends to cancel the designation of any industrial complex under Article 13 (2) of the Act, he/she shall consult with the heads of the relevant administrative agencies by specifying the grounds and other details for such cancellation, and matters as to whether the specific use area under Article 36 of the National Land Planning and Utilization Act shall be returned. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 28135, Jun. 20, 2017>
(5) The matters to be publicly notified pursuant to Article 13 (4) and (6) of the Act as at the time of cancellation of designation of any industrial complex are as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 28135, Jun. 20, 2017>
1. Name of the industrial complex;
2. Location and the area of the industrial complex to be cancelled;
3. Grounds for cancellation of the industrial complex;
4. Whether the specific use area under Article 36 of the National Land Planning and Utilization Act shall be returned;
5. A method of inspecting related books.
 Article 15-2 (Requirements for Conversion, etc. of Industrial Complexes)
(1) "Cases prescribed by Presidential Decree" in Article 13-2 (1) of the Act means any of the following: <Amended by Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 28135, Jun. 20, 2017>
1. Where ten years have passed after completion of construction works and it is necessary to invigorate the industrial complex, such as building additional factories;
2. Where changes are made to the types of business to be invited in an area covering more than 30 percent of the total area of industrial facility site (including sites for installing industrial facilities within a multi-functional site) as at the time the construction of the industrial complex is completed.
(2) "Size prescribed by Presidential Decree" in Article 13-2 (2) of the Act means the size of converted industrial complexes and remaining industrial complexes in the following categories: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. Sizes of converted industrial complexes:
(a) In cases of conversion into general industrial complexes: 30,000 square meters;
(b) In cases of conversion into urban high-tech industrial complexes: 10,000 square meters;
2. Sizes of remaining industrial complexes:
(a) Where remaining industrial complexes are national industrial complexes, general industrial complexes or agricultural and industrial complexes: 30,000 square meters;
(b) Where remaining industrial complexes are urban high-tech industrial complexes: 10,000 square meters.
(3) Where a person authorized to designate industrial complexes intends to convert the type of an industrial complex pursuant to Article 13-2 (1) of the Act, he/she shall apply for the approval for the following categories or request consultation by formulating or revising the development plan or implementation plan pursuant to Article 13-2 (3) of the Act: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. Where a person authorized to designate an industrial complex is the same as the person authorized to designate the former industrial complex: Consultation with the heads of relevant administrative agencies;
2. Where a person authorized to designate an industrial complex is different from the person authorized to designate the former industrial complex:
(a) Where intending to convert national industrial complexes or urban high-tech industrial complexes (limited to where the Minister of Land, Infrastructure and Transport is a person authorized to designate former industrial complexes): Approval of the Minister of Land, Infrastructure and Transport;
(b) Where intending to convert general industrial complexes, urban high-tech industrial complexes (excluding where the Minister of Land, Infrastructure and Transport is a person authorized to designate former industrial complexes) or agricultural and industrial complexes: Consultation with the person authorized to designate the former industrial complexes.
(4) Where a person authorized to designate a former industrial complex intends to grant approval or undergo consultation prescribed in paragraph (3) 2, he/she shall undergo consultation with the heads of relevant administrative agencies. <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
(5) "Matters prescribed by Presidential Decree" in the former part of Article 13-2 (4) of the Act means the following matters: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. Names, locations and sizes of existing industrial complexes;
2. Names, locations and sizes of converted industrial complexes and remaining industrial complexes (limited to where part of existing industrial complexes is converted);
3. Causes of conversion of industrial complexes;
4. Matters in the subparagraphs (excluding subparagraph 1) of Article 9 (1).
(6) through (8) Deleted. <by Presidential Decree No. 28135, Jun. 20, 2017>
(9) Where private enterprises, etc. referred to in Article 11 of the Act intend to request the conversion of an industrial complex, they shall prepare a development plan for the industrial complex to be converted and request the authority to designate the industrial complex to be converted. <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
(10) Deleted. <by Presidential Decree No. 28135, Jun. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 15-3 (Procedures, etc. for Integration of Industrial Complexes)
(1) Where intending to integrate industrial complexes pursuant to Article 13-3 (1) of the Act, the person authorized to designate industrial complexes shall listen to the opinions of the persons authorized to manage the existing industrial complexes (excluding where such persons are the same as the persons authorized to designate industrial complexes: hereafter in this Article, the same shall apply) and the heads of relevant administrative agencies before formulating a development plan.
(2) After listing to opinions pursuant to paragraph (1), the person authorized to designate industrial complexes shall undergo consultation with the persons in the following categories by formulating a development plan pursuant to Article 13-3 (2) of the Act:
1. Where a person authorized to designate industrial complexes is the same as a person authorized to designate industrial complexes subject to integration:
(a) The person authorized to mange the existing industrial complexes;
(b) The heads of relevant administrative agencies;
2. Where a person authorized to designate industrial complexes is different from a person authorized to designate industrial complexes subject to integration:
(a) The person authorized to manage the existing industrial complexes;
(b) The person authorized to designate industrial complexes subject to integration;
(c) The person authorized to manage industrial complexes subject to integration;
(d) The heads of relevant administrative agencies.
(3) A person authorized to designate industrial complexes shall undergo the deliberations in the following categories after undergoing consultation prescribed in paragraph (2):
1. Where a person authorized to designate industrial complexes is the Minister of Land, Infrastructure and Transport: Deliberation of the Deliberative Committee;
2. Where a person authorized to designate industrial complexes is not the Minister of Land, Infrastructure and Transport: Deliberation of the Committee for Deliberation on Local Industrial Location prescribed in Article 3 (3) of the Act (hereinafter referred to as "Committee for Deliberation on Local Industrial Location").
(4) "Matters prescribed by Presidential Decree" in the former part of Article 13-3 (3) of the Act means the following matters:
1. Names, locations and sizes of existing industrial complexes and industrial complexes subject to integration;
2. Names, locations and sizes of industrial complexes integrated;
3. Causes of integration of industrial complexes;
4. Matters in the subparagraphs (excluding subparagraph 1) of Article 9 (1).
[This Article Newly Inserted by Presidential Decree No. 28135, Jun. 20, 2017]
 Article 15-4 (Special Cases concerning Development Activities in Completed Industrial Complexes)
"Activities prescribed by Presidential Decree, such as the amendment to a plan to place the types of industries to be invited within the scope of major types of industries to be invited" in Article 13-4 (2) of the Act means any of the following acts: <Amended by Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24190, Nov. 20, 2012; Presidential Decree No. 25091, Jan. 14, 2014; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 28135, Jun. 20, 2017>
1. Deleted; <by Presidential Decree No. 25453, Jul. 14, 2014>
2. Amending a plan to the types of industries within the scope of types of business to be invited or areas supplied by type of business to be invited (limited to where no amendment is made under Article 7 (1) 3);
2-2. Changing types of industries that is not involved by alteration under Article 7 (1) 3;
3. Changing less than ten percent of the area by facility or by use on the land utilization plan: Provided, That where the total cumulative changes exceed ten percent shall be excluded;
4. Constructing, altering or disusing road, a road of less than 15 meters wide;
5. Changing less than 50 percent of the scale or capacity of the facility according to the provisions of Article 27 (1) 1 though 5: Provided, That where the total cumulative changes exceed 50 percent shall be excluded.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Articles 16 through 18 Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
 Article 19 (Project Operators)
(1) "Corporation ---(Omitted)--- holds de facto governing power, including exercising an authority appointing executive officers, in accordance with the criteria prescribed by Presidential Decree" in Article 16 (1) 1 (d) of the Act means a corporation falling under any of the following cases: <Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016>
1. Where a person falling under Article 16 (1) 1 (a) through (c) of the Act holds the largest share and is capable of governing the corporation by exercising a stockholder's right taking into account the degree of dispersion of shares;
2. Where a person who falling under Article 16 (1) 1 (a) through (c) of the Act involves in the appointment (including approval, recommendation, etc. for appointment) of the representative or a majority of members of the board of directors of the relevant corporation in accordance with statutes or the articles of incorporation;
3. Where a person falling under Article 16 (1) 1 (a) through (c) of the Act approves the budget, business plan, etc. of the relevant corporation in accordance with statutes or the articles of incorporation.
(2) "Requirements prescribed by Presidential Decree" in Article 16 (1) 2-2 of the Act means developing an industrial complex to supply at least 30 percent of industrial facility sites (including sites for installing industrial facilities within a multi-functional site; hereafter in this Article, the same shall apply) to the members of the relevant association or to members. <Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014>
(3) "Person who meets the requirements prescribed by Presidential Decree" in Article 16 (1) 3 of the Act means any of the following persons: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15239, Dec. 31, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24154, Oct. 29, 2012; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016>
1. Any of the following persons who intend to install and move into facilities in pursuant to an industrial complex development plan:
(a) Where he/she intends to directly develop a site for facilities referred to in the items of subparagraph 9 of Article 2 of the Act;
(b) Where he/she intends to use directly at least 30 percent of the site of industrial facilities within the industrial complex and supply the remaining site to those who desire to move thereinto for the following uses:
(i) A site for industrial facilities;
(ii) A site for facilities referred to in subparagraph 9 (b) through (d) of Article 2 of the Act;
2. Any of the following persons deemed capable of developing an industrial complex in pursuant to an industrial complex development plan:
(a) A person who has registered for the general construction works (limited to the civil engineering business or the civil engineering and construction business) under the Framework Act on the Construction Industry and whose authorized maximum contract capability for the relevant year is at least the average annual project cost (excluding compensation) as determined under an industrial complex development plan;
(b) A person capable of constructing a knowledge industry center under the Industrial Cluster Development and Factory Establishment Act and who wishes to directly develop land necessary for constructing a knowledge industry center in an industrial complex.
(4) "Corporation---(Omitted)---, which meets the requirements prescribed by Presidential Decree" in Article 16 (1) 4 of the Act means a corporation, the total percentage of investment in which the total percentage of investment by persons falling under Article 16 (1) 1 and 2 of the Act, or paragraph (3) 2 (a) of this Article is at least 20 percent. <Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 27577, Nov. 8, 2016>
(5) A person who intends to execute an industrial complex development project under Article 16 (1) of the Act shall submit to the designating authority of industrial complexes, a written application for designation of a project operator, stating the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Name (in cases of a corporation, its title and the name of its representative) and address of a person who intends to execute the project;
2. Name, location, and size of an industrial complex regarding which the project is to be executed;
3. An outline of the project execution plan:
(a) Name of the project;
(b) Objectives of execution of the project;
(c) Type and outline of the project;
(d) Period for execution of the project;
(e) Method of executing the project.
(6) A written application for designation of a project operator referred to in paragraph (5) shall be accompanied by the following documents and drawings: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 26978, Feb. 11, 2016>
1. Drawings of location;
2. A business plan;
3. A financing plan.
(7) Except as otherwise expressly prescribed for in paragraphs (1) through (6), the designation of project operators and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016>
(8) "Cases prescribed by Presidential Decree" in Article 16 (2) of the Act means any of the following cases: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 26978, Feb. 11, 2016>
1. Where ownership of at least 30 percent of the area of land (excluding reclaimed areas), a plan execution of which was approved has not been secured by the date two years have lapsed from the date the approval of execution plan was publicly notified;
2. Where there is any land, the ownership of which has not been secured within the project period (where the authority approving implementation plans has acknowledged the extension of period requested by the project operator because he/she failed to secure the ownership of the land due to unavoidable reasons, it may be extended by up to six months for once only) set in the execution plan which was initially approved within the land, the execution plan of which was approved;
3. Where a project operator under paragraph (3) 1 fails to complete the project within the extended period where he/she extends the project period on one occasion specified in the initially approved execution plan.
 Article 20 (Scope, etc. of Vicarious Performance of Development Projects)
(1) The scope of industrial complex development projects which may be vicariously performed at the request of a project operator under the main sentence of and proviso to Article 16 (3) of the Act shall be as follows:
1. Working design;
2. Site creation works;
3. Major infrastructure works;
4. Construction works.
(2) No area which may be vicariously worked at the request of a project operator under paragraph (1) shall exceed 1/2 of the area in which the relevant industrial complex development project is performed.
(3) Where a project operator intends to have an industrial complex development project vicariously performed under the main sentence of and proviso to Article 16 (3) of the Act, he/she shall select a business operator who will vicariously perform such project (hereinafter referred to as "vicarious developer") through competitive bidding.
(4) In cases of selecting a vicarious developer by competitive bidding under paragraph (3), the relevant public announcement of tender shall include the following matters:
1. Objectives of the development project;
2. Type and outline of the development project;
3. Period for implementation of the development project;
4. Requirements for qualification of vicarious developers and documents required;
5. Standards and methods for selecting vicarious developers.
(5) Where a project operator appointed a person who will directly use an industrial facility site (including sites for installing industrial facilities within a multi-functional site; hereafter in this paragraph, the same shall apply) vicariously perform a project to create such industrial facility site, the project operator may do so in excess of 1/2 of the area in which the relevant industrial complex development project is performed, notwithstanding paragraph (2) and not by using the method of competitive bidding, notwithstanding paragraph (3). <Amended by Presidential Decree No. 25858, Dec. 16, 2014>
(6) A person who intends to vicariously perform an industrial complex development project under paragraph (5) shall submit a written application to vicariously perform industrial complex development projects in which the following matters are included to the project operator:
1. Name and address of the person who intends to vicariously perform the development project (in cases of corporations, the name of the corporation and the representative);
2. Name and location of the industrial complex in which a development project is intended to be vicariously performed, and the area of vicarious performance;
3. Outline of implementation plan for vicarious performance of the development project:
(a) Objectives of the project;
(b) Type and outline of the project;
(c) Period for implementation of the project;
(d) Grounds for vicarious performance.
(7) A written application to vicariously perform industrial complex development under paragraph (6) shall be accompanied by the following material:
1. Location map;
2. Business plan;
3. Financing plan.
[This Article Wholly Amended by Presidential Decree No. 25453, Jul. 14, 2014]
 Article 20-2 (Application, etc. for Approval for Vicarious Performance of Development Projects)
(1) A person who intends to have an industrial complex development project vicariously performed under the proviso to Article 16 (3) of the Act as a project operator under Article 16 (1) 2, 2-2, and 3 through 6 shall submit a written application for approval for vicarious performance of industrial complex development projects to the relevant person authorized to designate industrial complexes classified as follows, to obtain approval for vicarious performance:
1. Where vicarious performance is intended under Article 20 (3):
(a) Time of applying for approval: Before the public announcement of tender by means of competitive bid under Article 20 (4) is given;
(b) Documents required: Details of the public announcement of tender by means of competitive bid under Article 20 (4);
2. Where vicarious performance is intended under Article 20 (5):
(a) Time of applying for approval: Before a contract for vicarious performance under Article 20-3 (1) is concluded;
(b) Documents required: A written application for vicarious performance of industrial complex development projects under Article 20 (6) and material in the subparagraphs of paragraph (7) of the same Article.
(2) Each person authorized to designate industrial complexes in receipt of an application for approval under paragraph (1) shall determine approval or disapproval after reviewing the necessity, etc. of vicarious development, and the project operator shall make a public announcement of tender (limited only to cases falling under paragraph (1) 1) or conclude a contract for vicarious performance under Article 20-3 (1) (limited only to cases falling under paragraph (1) 2) after obtaining approval from the relevant person authorized to designate industrial complexes.
[This Article Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014]
 Article 20-3 (Conclusion of Contracts for Vicarious Performance of Development Projects, etc.)
(1) A project operator who intends to have an industrial complex development project vicariously performed under Article 20 (3) and (5) shall conclude a contract for vicarious performance with a vicarious developer.
(2) A project operator who has concluded a contract for vicarious performance under paragraph (1) shall direct and supervise the vicarious developer so that he/she can conscientiously perform the project according to the contract.
(3) Where a project operator prescribed in Article 16 (1) 1 of the Act concludes a contract under paragraph (1), he/she shall notify the relevant person authorized to designate industrial complexes of the vicarious performance of the industrial complex development project by attaching a copy of the relevant contract within 14 days from the date the relevant contract is concluded.
[This Article Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014]
 Article 21 (Implementation Plans for National Industrial Complex Development)
(1) If a project operator of a national industrial complex intends to file an application for approval of the implementation plan of the national industrial complex development referred to in Article 17 (1) of the Act, he/she shall submit to the Minister of Land, Infrastructure and Transport, a written application for approval for the implementation plan for the national industrial complex development, which includes the following matters, within two years from the date he/she is designated as a project operator of the national industrial complex: <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25091, Jan. 14, 2014>
1. Name (in cases of a corporation, its title and the name of its representative) and address of the project operator;
2. Name of the project;
3. Objectives of the project;
4. Location and size of the project to be executed;
5. Method and period of execution of the project;
6. Status of the land utilization in the project execution area;
7. A land utilization plan and a plan for installation of infrastructural facilities.
(2) A written application for approval for the implementation plan for a national industrial complex development referred to in paragraph (1) shall be accompanied by the following documents and drawings. In such cases, the Minister of Land, Infrastructure and Transport shall confirm a land registration map through data matching of administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16203, Mar. 26, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. Drawings of location;
2. Deleted; <by Presidential Decree No. 21215, Dec. 31, 2008>
3. A ground plan for the project and drawings for construction design (including an explanatory note on reclamation works determined by Ordinance of the Ministry of Land, Infrastructure and Transport, if the reclamation on public waters is included);
4. Project costs and financing plans (including an annual investment plan);
5. A plan to manage and dispose of developed land or installations;
6. A detailed statement of existing factories, structures, etc. desired to be retained in a project execution area;
7. Documents on the purchase of and compensation for land, buildings, rights, etc. in the project execution area and measures for relocation of residents;
8. A plan for free reversion and replacement of public facilities, land, etc.;
9. A statement of expenses for installation of public facilities to be reverted to the State or local governments and a written evaluation of the existing public facilities to be reverted or transferred to the project operator;
10. A plan for the vicarious performance of the industrial complex development project (limited to where a relevant plan is available);
11. Related documents and drawings necessary for determinating urban/Gun management planning (including district-unit planning);
12. A land substitution plan for former land owners (limited to where a land substitution plan is available);
13. Documents regarding the effect on conservation of cultural properties;
14. An impact assessment report (limited to reclamation on public waters).
(3) If a project operator requests an extension of the period of application for approval referred to in paragraph (1) for inevitable causes, the Minister of Land, Infrastructure and Transport may extend such period by up to six months. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) Deleted. <by Presidential Decree No. 21041, Sep. 25, 2008>
(5) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
 Article 21-2 (Modification of Important Matters)
(1) "Where important matters prescribed by Presidential Decree are to be modified" in Article 17-2 of the Act means modification which does not fall under any of the followings: <Amended by Presidential Decree No. 25453, Jul. 14, 2014>
1. Changing the address of a project operator;
2. Changing the name or representative of a project operator which is a juristic person;
3. Correcting an area for performing a project owing to a mistake or such within the extent that no changes are made to such area;
4. Changing an area for performing a project within the extent not exceeding such project area in order to execute the project by segment;
5. Amending the annual investment plan within the scope of total business costs;
6. Amending the specifications of existing factories, buildings, etc. which are intended to be retained within the scope from which the amendment of land use plan does not ensue.
(2) Where a project operator modifies matters prescribed in any subparagraph of paragraph (1), he/she shall report such modification to the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
 Article 22 (Implementation Plans for General Industrial Complex Development)
(1) Where a project operator of a general industrial complex intends to apply for approval for an implementation plan for general industrial complex development in accordance with Article 18 (1) of the Act, he/she shall submit to the designating authority of industrial complexes an application for approval for the implementation plan for general industrial complex development, which states matters in the subparagraphs of Article 21 (1), within two years from the date he/she is designated as a project operator of the general industrial complex. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 25091, Jan. 14, 2014>
(2) An application for approval for the implementation plan for general industrial complex development under paragraph (1) shall be accompanied by the documents and drawings falling under the subparagraphs of Article 21 (2). In such cases, the designating authority of industrial complexes shall confirm a land registration map through data matching of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
(3) If a project operator requests an extension of the period for application for approval referred to in paragraph (1) for inevitable causes, the designating authority of general industrial complexes may extend such period by up to six months. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
(4) Deleted. <by Presidential Decree No. 21041, Sep. 25, 2008>
(5) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
 Article 22-2 (Implementation Plans for Urban High-Tech Industrial Complex Development)
(1) Where a project operator of an urban high-tech industrial complex intends to apply for approval for an implementation plan for the urban high-tech industrial complex development pursuant to Article 18-2 (1) of the Act, he/she shall submit an application for approval for the implementation plan for the urban high-tech city industrial complex development stating the matters in the subparagraphs of Article 21 (1) to the designating authority of industrial complexes within two years from the date he/she is designated as a project operator of the urban high-tech industrial complex. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 25091, Jan. 14, 2014>
(2) An application for approval for the implementation plan for an urban high-tech industrial complex development under paragraph (1) shall be accompanied by the documents and drawings in the subparagraphs of Article 21 (2). In such cases, the designating authority of industrial complexes shall confirm a land registration map through data matching of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
(3) Where a project operator requests an extension of the period for application for approval under paragraph (1) for inevitable causes, the authority to designate urban high-tech industrial complexes may extend such period by up to six months.
(4) Deleted. <by Presidential Decree No. 21041, Sep. 25, 2008>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 23 (Implementation Plans for Agricultural and Industrial Complexes)
(1) If a project operator of an agricultural and industrial complex intends to file for approval of the implementation plan for an agricultural and industrial complex pursuant to Article 19 (1) of the Act (hereinafter referred to as "implementation plan for agricultural and industrial complex"), he/she shall submit to the head of a Si/Gun a written application for approval of an implementation plan for agricultural and industrial complex development, which contains matters falling under each of the subparagraphs of Article 21 (1) within one year from the date he/she is designated as a project operator of the agricultural and industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) A written application for approval of the implementation plan for an agricultural and industrial complex referred to in paragraph (1) shall be accompanied by the documents and drawings falling under the subparagraphs of Article 21 (2). In such cases, the head of a Si/Gun shall confirm a land registration map through data matching of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
(3) If a project operator requests an extension of the period for application for approval as referred to in paragraph (1) for inevitable causes, the head of a Si/Gun may extend the period by up to six months. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(4) Deleted. <by Presidential Decree No. 15098, Jun. 29, 1996>
(5) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
 Article 23-2 (Public Notice of Approval of Implementation Plans)
Matters to be publicly notified under Article 19-2 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16891, Jul. 1, 2000; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 23718, Apr. 10, 2012>
1. Name of the project;
2. Name (in cases of a corporation, the title of such corporation and the name of its representative) of the project operator;
3. Objectives and outline of the project;
4. Location and the size of the project execution area;
5. Period for executing the project (including the start date and scheduled date of completion);
6. Matters provided in the subparagraphs of Article 25 (5) of the Enforcement Decree of the National Land Planning and Utilization Act with respect to the determination of urban/Gun management planning.
[This Article Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993]
 Article 24 (Entrusted Performance of Industrial Complex Development Projects)
(1) "Public facilities prescribed by Presidential Decree" in Article 20 (1) of the Act means water supply facilities, railroads, common ditches, sewerage, public wastewater treatment facilities, wastes disposal facilities (including recycling facilities; hereinafter the same shall apply), collective energy supply facilities, embankments, shore protection, tide embankments, estuary barrages, parks, and green facilities, and "institution prescribed by Presidential Decree" in the same paragraph means the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 27577, Nov. 8, 2016; Presidential Decree No. 27792, Jan. 17, 2017>
(2) Where a project operator intends to entrust the State, a local government, a public enterprise (referring to a public enterprise under Article 5 of the Act on the Management of Public Institutions), or the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act with the performance of part of an industrial complex development project pursuant to Article 20 (1) of the Act, he/she shall consult on the following matters with a person to perform such project by entrustment: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 23297, Nov. 16, 2011>
1. A place where the entrusted project is performed;
2. A type, size, and amount of money of the entrusted project, and other matters to be the standards for construction design;
3. The period for performing the entrusted project (including the start date and scheduled date of completion, and process plans);
4. Matters on the payment method of expenses incurred in performing the entrusted project and management of the funds;
5. If an entrusting person supplies real estate, machines and equipment, or laborers, matters on the management thereof;
6. Matters on bearing the risks;
7. Other matters necessary for clarifying the entrusted project.
(3) Deleted. <by Presidential Decree No. 20317, Oct. 4, 2007>
(4) Standards for the rate of entrustment fees when a development project is performed under entrustment pursuant to paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 24-2 (Development of Industrial Complexes under Trust)
(1) If a project operator intends to conclude a trust contract for industrial complex development with a real estate trust business operator pursuant to Article 20-2 (1) of the Act, the following shall be stated in the written contract: <Amended by Presidential Decree No. 20947, Jul. 29, 2008>
1. Names (in cases of a corporation, its title and the name of its representative) and addresses of the truster and the trustee;
2. Name, location, and size of an industrial complex;
3. Outline of an execution plan for development under trust including the following matters:
(a) Objectives of the project;
(b) Type and outline of the project;
(c) Period for execution of the project.
(2) If a project operator concludes a trust contract under paragraph (1), he/she shall submit a copy of the written contract to the designating authority of industrial complexes within 14 days from the date of concluding such contract together with the following documents:
1. Drawings of location;
2. Business plan;
3. Financing plan;
4. Disposal plan.
(3) A real estate trust business operator which concludes a trust contract under paragraph (1) shall faithfully conduct the project according to the trust contract. <Amended by Presidential Decree No. 20947, Jul. 29, 2008>
[This Article Wholly Amended by Presidential Decree No. 16203, Mar. 26, 1999]
 Article 24-3 (Land Substitution to Landowners)
(1) A landowner entitled to receive substitute land under Article 24 (1) 1 of the Act shall be a person who owns land exceeding a minimum supply area as determined by the industrial complex development plan, as of the date of public notice of the designation of the industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001>
(2) A person who intends to receive substitute land pursuant to paragraph (1) shall submit to a project operator a written application for land substitution accompanied by a plan for the installation of industrial facilities, etc. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 25348, May 9, 2014>
(3) A project operator shall file an application for land substitution referred to in paragraph (2) within a consultation period specified in the public announcement of compensation for loss resulting from the relevant industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(4) A project operator (excluding a project operator falling under Article 16 (1) 6 of the Act) shall determine the method, procedures, etc. of land substitution in the execution plan for an industrial complex development according to the following criteria: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 25348, May 9, 2014>
1. The value of the former land subject to land substitution shall be the amount of compensation for consultation offered by a project operator at the time of making the public announcement concerning the compensation for loss, and the value of the land to be substituted shall be based on the land sale price by land use of the relevant industrial complex under Article 40;
2. Any substitute land size shall be based on the former land size, and may be increased or decreased, taking into account of regional conditions and demand and supply conditions, etc. by land use;
3. The difference between the former land value and the substitute land value shall be settled in cash.
[This Article Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993]
 Article 24-4 (Scope of Public Facilities)
The scope of public facilities referred to in Article 26 of the Act shall be the following among the public facilities referred to in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act and ditches referred to in Article 67 (1) of the Act on the Establishment, Management, etc. of Spatial Data: Provided, That in cases of an industrial complex where a single enterprise settles, public facilities exclusively used by such enterprise shall be excluded: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16891, Jul. 1, 2000; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21881, Dec. 14, 2009; Presidential Decree No. 26302, Jun. 1, 2015>
1. Roads;
2. Parks;
3. Squares;
4. Deleted; <by Presidential Decree No. 15239, Dec. 31, 1996>
5. Rivers;
6. Green areas;
7. Deleted; <by Presidential Decree No. 15239, Dec. 31, 1996>
8. Waterworks (limited to pipelines in cases of the waterworks installed by the Korea Water Resources Corporation);
9. Sewerage;
10. Reservoir facilities;
11. Tidal wave prevention facilities.
[This Article Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993]
 Article 25 (Consultation, etc. on Disuse)
(1) If an authority approving implementation plans of an industrial complex requests the head of a relevant administrative agency for consultation about disuse and transfer of the property owned by the State or local governments pursuant to the latter part of Article 27 (2) of the Act, he/she shall make such request along with the following documents: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21215, Dec. 31, 2008>
1. A statement of the property subject to consultation;
2. Documents which state the details to be consulted (disuse, transfer and appraisal method, etc. of property);
3. and 4. Deleted; <by Presidential Decree No. 21215, Dec. 31, 2008>
5. Drawings of location;
6. A written confirmation of non-registration (limited to an unregistered property).
(2) The head of a relevant administrative agency in receipt of a request for consultation pursuant to paragraph (1) shall confirm the following documents through data matching of administrative information under Article 36 (1) of the Electronic Government Act: <Newly Inserted by Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
1. A certified copy of the land (forest land) cadastre;
2. A certified copy of the register;
3. A certified copy of the land registration map.
(3) The Minister of Strategy and Finance may have a person entrusted with management and disposal affairs under Article 42 (1) of the State Property Act manage and dispose of property pursuant to Article 27 (4) of the Act. <Amended by Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 21641. Jul. 27, 2009>
(4) "Entity prescribed by Presidential Decree, such as a public enterprise" in Article 27 (5) of the Act means any of the following (hereinafter referred to as "public project operator"): <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22103, Mar. 26, 2010; Presidential Decree No. 23297, Nov. 16, 2011>
2. Local government-invested public corporations and local government public corporations under the Local Public Enterprises Act;
3. The Small Business Corporation under the Small and Medium Enterprises Promotion Act;
4. The Korea Industrial Complex Corporation under the Industrial Cluster Development and Factory Establishment Act;
5. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act.
(5) A public project operator may pay the purchase price in installments within five years pursuant to Article 27 (5) of the Act. In such cases, interest on the balance of the purchase price shall be six percent per annum. <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(6) Where a public project operator make installment payments pursuant to paragraph (5), the ownership may be transferred before the purchase price is paid in full, notwithstanding Article 51 of the State Property Act. In such cases, necessary measures, such as creation of a mortgage, shall be taken to secure the claims. <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 21641. Jul. 27, 2009>
 Article 26 (Subsidization of Expenses)
(1) The category of expenses which the State or local governments may subsidize pursuant to the proviso to Article 28 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 27792, Jan. 17, 2017>
1. Construction expenses for main roads in an industrial complex;
2. Construction expenses for green facilities in an industrial complex;
3. Construction expenses for water supply facilities, sewerage, and public wastewater treatment facilities;
4. Expenses for relocation projects;
5. Land purchase expenses for an industrial complex developed for the purpose of leasing land, facilities, etc., and construction expenses for parks and common ditches;
6. Land purchase expenses for the construction of a knowledge industry center;
7. Site development expenses for the creation of agricultural and industrial complexes, infrastructural facilities expenses and land purchase expenses for access roads, electric power, communications facilities, etc.;
8. Expenses for research on cultural properties.
(2) The State or local governments may subsidize expenses by up to 50 percent of the expenses falling under each of the subparagraphs of paragraph (1): Provided, That construction expenses for sewerage and public wastewater treatment facilities among the expenses under paragraph (1) 3, the expenses under paragraph (1) 8, and the expenses under the subparagraphs of paragraph (1) in any of the following cases may be fully subsidized after a prior deliberation by the Deliberation Committee: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 27792, Jan. 17, 2017>
1. Where deemed particularly necessary for developing a backward area;
2. Where a project operator wishes to lease land within an industrial complex which is neither exploited nor sold;
3. Where intending to prepare and lease an urban high-tech industrial complex.
(3) In applying the proviso to the main sentence of paragraph (2), construction expenses for sewerage and public wastewater treatment facilities among the expenses under paragraph (1) 3 and matters falling under the expenses under paragraph (1) 8 and matters with respect to paragraph (2) 2 shall apply only to the areas other than the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (excluding a border area under subparagraph 1 of Article 2 of the Border Area Support Act). <Newly Inserted by Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 27792, Jan. 17, 2017>
(4) Where the provisions of subparagraph 1 (a) of Article 10-4 and Article 45-3 (2) 1 (a) are applicable, the relevant local government shall also subsidize expenses corresponding to those subsidized by the State. <Newly Inserted by Presidential Decree No. 24190, Nov. 20, 2012>
 Article 27 (Support for Infrastructure)
(1) "Infrastructure prescribed by Presidential Decree, such as ports, roads, water supply facilities, railroads, communications, and electric facilities" in Article 29 (1) of the Act means the following facilities: <Amended by Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27792, Jan. 17, 2017>
1. Ports, roads, and railroads;
2. Water supply facilities, electric facilities, communications facilities, and gas facilities;
3. Sewerage, public wastewater treatment facilities, and waste disposal facilities;
4. Common ditches in an industrial complex;
5. Collective energy supply facilities;
6. Other facilities determined by the Minister of Land, Infrastructure and Transport as public facilities particularly necessary for developing an industrial complex.
(2) Deleted. <by Presidential Decree No. 27063, Mar. 29, 2016>
(3) Where the provisions of subparagraph 1 (a) of Article 10-4 and Article 45-3 (2) 1 (a) are applicable, the relevant local government shall also subsidize expenses corresponding to those for facilities supported by the State. <Newly Inserted by Presidential Decree No. 24190, Nov. 20, 2012>
[This Article Wholly Amended by Presidential Decree No. 21041, Sep. 25, 2008]
 Article 27-2 (Installation of Electric Facilities in Industrial Complexes)
Electric facilities for roads determined as urban/Gun planning facilities in an implementation plan for an industrial complex shall be pre-installed by the Korea Electric Power Corporation. <Amended by Presidential Decree No. 23718, Apr. 10. 2012>
[This Article Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998]
 Article 27-3 (Infrastructure Subject to Evaluation of Property of Provision of Infrastructure)
(1) "Infrastructure prescribed by Presidential Decree" in the main sentence of Article 29-2 (1) of the Act means roads prescribed in Article 10 of the Road Act which fall under any of the followings:
1. Roads connecting new industrial complexes to major arterial roads;
2. Roads connecting existing industrial complexes to new industrial complexes.
(2) Where intending to receive assistances from the national treasury for infrastructure prescribed in paragraph (1), the project operator shall file an application with the Minister of Land, Infrastructure and Transport, stating the name, outline, business cost, etc. of the project by the 31st day of March of the year of compilation of the relevant budget after formulating an implementation plan for the industrial complex. In such cases, the implementation plan for the relevant industrial complex shall be approved and published by the 30th day of June of the year of compilation of the relevant budget.
(3) Where evaluating economic feasibility pursuant to Article 29-2 (1) of the Act, the Minister of Land, Infrastructure and Transport shall comprehensively review the size, costs provided, effects of provision, etc. of the relevant project.
(4) "Institutions or organizations prescribed by Presidential Decree" in Article 29-2 (2) of the Act means the following institutions and organizations:
1. The Korea Research Institute for Human Settlements established in accordance with the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc.;
2. The Korea Development Institute established in accordance with the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc.;
3. Institutions or organizations the Minister of Land, Infrastructure and Transport recognizes to have expertise in evaluating economic feasibility prescribed in Article 29-2 of the Act.
(5) The Minister of Land, Infrastructure and Transport may have the evaluation of economic feasibility conducted by designating institutions to conduct the evaluation of economic feasibility (hereinafter referred to as "specialized institution") among the institutions or organizations prescribed in paragraph (4).
(6) Where designating a specialized institution pursuant to paragraph (5), the Minister of Land, Infrastructure and Transport shall publish the fact of such designation.
(7) The Minister of Land, Infrastructure and Transport may subsidize the costs of specialized institutions designated pursuant to paragraph (5), which are incurred in conducting their duties within budgetary limits.
(8) The Minister of Land, Infrastructure and Transport shall determine and publish matters concerning procedures and detailed standards for evaluating the economic feasibility of providing infrastructure, and designation and operation of specialized institutions other than those provided for in paragraphs (1) through (7).
[This Article Newly Inserted by Presidential Decree No. 28135, Jun. 20, 2017]
 Article 27-4 (Support of Expenses for Maintenance and Repair of Infrastructure of National Industrial Complexes)
(1) The infrastructure for which the State may partially subsidize the maintenance, repair or improvement pursuant to Article 29-3 (1) of the Act shall meet each of the following requirements: <Amended by Presidential Decree No. 28135, Jun. 20, 2017; Presidential Decree No. 28586, Jan. 18, 2018>
1. It shall fall under the infrastructure publicly notified by the Minister of Land, Infrastructure and Transport following consultation with the Minister of Strategy and Finance, among the infrastructures maintained and managed by local governments (referring to infrastructures entitled to support for expenses or facilities pursuant to Article 26 (1) or 27 (1));
2. It shall be a facility turned out to be requiring repair or reinforcement as the result of a safety inspection, etc. conducted in accordance with the Special Act on the Safety Control and Maintenance of Establishments, the Traffic Safety Act or other statutes, and requiring support as the result of a feasibility assessment conducted by a specialized institution designated by the Minister of Land, Infrastructure and Transport.
(2) Detailed matters concerning the scale, methods, etc. of support to be provided by the State under Article 29-3 (1) of the Act shall be determined by the Minister of Land, Infrastructure and Transport following deliberation by the Deliberation Committee. <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 27063, Mar. 29, 2016]
 Article 28 (Retention of Existing Factories, etc.)
(1) The extent of existing factories, buildings, and structures (hereinafter referred to as "existing factories, etc.") which can be retained in an industrial complex under Article 30 of the Act shall be as follows:
1. Existing factories, etc. for which it is deemed unnecessary to execute a new development project because the existing conditions of use have been good;
2. Existing factories, etc. used for a purpose appropriate for the land utilization plan according to the industrial complex development plan;
3. Existing factories, etc. which do not obstruct the execution of a development project according to the execution plan for the industrial complex development.
(2) “Adjoin" in Article 30 (2) of the Act means where the type of business of a factory in an individual location falls under the type of business to be invited according to the industrial complex development plan, which meets each of the following requirements:
1. That there shall be no land or structure (excluding public facilities under Article 24-4) possessed by another person between it and the industrial complex;
2. That it shall not be separated from the industrial complex by geographical features and artificial structures, such as road, river, and park, of which the width is at least 20 meters.
[This Article Wholly Amended by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 29 (Application Mutatis Mutandis to Projects Other Than Industrial Complexes)
"Projects prescribed by Presidential Decree, such as roads and water supply facilities" in the former part of Article 31 of the Act means the following projects:
1. Projects for harbors, roads, railways, water supply facilities, sewerage, public waste water treatment facilities, waste disposal facilities, electricity facilities or communication facilities;
2. Projects for gas and oil supply facilities and heat supply facilities (limited to pipes);
3. Projects to develop borrow pits and quarries connected to industrial complexes for the development of the industrial complexes;
4. Dredging projects to reclaim industrial complexes;
5. River improvement projects;
6. Projects to build green areas, parks, public and cultural sports facilities (referring to those determined as urban/Gun planning facilities prescribed in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act: hereinafter the same shall apply) in adjacent areas to industrial complexes to improve the environment of the industrial complexes and improve the living convenience of workers of enterprises moving into the industrial complexes.
[This Article Wholly Amended by Presidential Decree No. 28135, Jun. 20, 2017]
 Article 30 (Advance Payments)
(1) Any person who falls under Article 16 (1) 1 or 2 of the Act among project operators who intend to receive advance payment pursuant to Article 32 of the Act shall obtain approval for the implementation plan for the relevant industrial complex, and any person who falls under any of Article 16 (1) 2-2 and 3 through 6 shall meet the following requirements after he/she has obtained approval for the implementation plan for the relevant industrial complex: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16203, Mar. 26, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 28135, Jun. 20, 2017>
1. Any project operator who falls under Article 16 (1) 2-2 or 4 (only applicable to a corporation in which the aggregate investment ratio of persons falling under Article 16 (1) 1 or 2 of the Act is at least 20 percent) of the Act: He/she shall secure the ownership of land equal to at least 30 percent of the project execution land area, approval for the execution plan for which has been obtained, and shall commence the industrial complex development project;
2. Any project operator who falls under Article 16 (1) 3 or 4 (limited to a corporation in which the aggregate investment ratio of persons falling under Article 16 (1) 1 or 2 of the Act is below 20 percent), 5 and 6 of the Act: He/she shall meet the following requirements:
(a) He/she shall secure the ownership of land which he/she wishes to sell and cancel any mortgage created on the relevant land: Provided, That if he/she fails to secure the land ownership or cancel the mortgage in extenuating circumstances, a project operator, landowner, or mortgagee shall submit a notarized joint agreement specifying the following matters to the authority approving implementation plans under Article 21 (2) of the Act (hereinafter referred to as "authority approving implementation plans"):
(i) No landowner shall transfer the relevant land nor furnish it as security to a third party;
(ii) If a person who has made advance payment uses the relevant land after obtaining approval for completion or permission for the use prior to the approval for completion, the landowner and the mortgagee shall promptly transfer the ownership and cancel the mortgage;
(b) Works to create a site is commenced on the land to be sold;
(c) He/she shall furnish a surety or a written guarantee, etc., (referring to written guarantees, insurance policies, term-deposit certificates, beneficiary certificates, etc. as referred to in Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party; hereinafter the same shall apply), which states the amount of guarantee or insurance cover and period, etc. of the following details, to the authority approving implementation plans, to guarantee the refund of the advance payment where the contract for prior sale of the land fails to be performed:
(i) The amount of guarantee or insurance cover shall be an amount exceeding the amount of the advance payment added to an amount equivalent to an agreed interest (referring to the amount calculated on the basis of an interest rate of business loan specified in the monthly economic statistics of the Bank of Korea);
(ii) The start date of guarantee or insurance period shall precede the date of receipt of the advancement payment and the expiration date shall be at least 30 days from the scheduled date of completion: Provided, That if he/she extends the project period, he/she shall submit a written guarantee, etc. to the effect that the period for the initial guarantee or insurance period shall be added to the intended period for extension;
(d) Submitting a sale plan prescribed in Article 39 (1) to a person authorized to approve an implementation plan.
(2) No project operator shall furnish the relevant land as security after he/she has sold such land in advance or provided the facilities for a use under paragraph (1).
(3) If a project operator fails to perform the project or is deemed to have no capacity to perform according to the advance sale contract, the authority approving implementation plans may use a written guarantee, etc. to secure the refund of the advance payment before the completion of the relevant industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
[This Article Wholly Amended by Presidential Decree No. 14429, Dec. 16, 1994]
 Article 31 (Liability for Facilities)
(1) "Public facilities prescribed by Presidential Decree" in Article 33 (1) of the Act means the following facilities: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16891, Jul. 1, 2000; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 25348, May 9, 2014; Presidential Decree No. 27792, Jan. 17, 2017>
1. Access roads to and trunk roads in industrial complexes;
2. Green belts and parks to be preserved in industrial complexes (referring to those determined as urban/Gun planning facilities under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act);
3. Water supply facilities, sewerage facilities, electric facilities, telecommunications facilities, public wastewater treatment facilities, and wastes disposal facilities;
4. Public facilities to be gratuitously reverted to the State or local governments under Article 26 of the Act;
5. Green areas, parks, and public cultural and sports facilities installed in the vicinity of industrial complexes to improve the environment of industrial complexes and to increase convenience in living for workers of resident enterprises in industrial complexes.
(2) Construction expenses for public facilities under paragraph (1) shall be the total amount of site costs, liability for a site, development costs, direct labor costs, expenses for migration measures, general overhead expenses, capital costs, and other expenses calculated based on the standards prescribed in Article 40 (9) in relation to the construction of the relevant public facilities. <Amended by Presidential Decree No. 22894, Apr. 6, 2011>
(3) "Facilities prescribed by Presidential Decree" in Article 33 (2) of the Act means the facilities prescribed in paragraph (1) 5. <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
(4) If at least two project operators exist in applying Article 33 (1) of the Act, the expenses of public facilities installed in the relevant industrial complex shall be subsidized by respective project operators in proportion to the individually available area sold to the project operator of the total available area (including the total site area of the existing factories, etc.) of the relevant industrial complex. <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 25348, May 9, 2014>
(5) Notwithstanding the provisions of paragraph (4), if public facilities are installed for the exclusive use of any particular project operator, the authority approving implementation plans may have the relevant project operator to use the public facilities subsidize all or some expenses for installation, taking into account comprehensively the location, the purpose of installation, utilization status, and regional conditions of such public facilities. <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993>
(6) If a project operator intends to make the owner of retained facilities subsidize facility charges pursuant to Article 33 (2) of the Act, he/she shall provide the person obligated to subsidize such charges with a written notification specifying the name of public facilities, total amount of facility expenses, amount to be subsidized, payment method, deadline for payment, etc.: Provided, That where the project operator intends to make the owner of retained facilities pay the facility charges, he/she shall hear, in advance, opinions from the owner of relevant facilities. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 25348, May 9, 2014>
(7) "Remaining facilities prescribed by Presidential Decree" in Article 33 (4) of the Act means facilities which fall under the subparagraphs of attached Table 1 of the Enforcement Decree of the Building Act. <Newly Inserted by Presidential Decree No. 28135, Jun. 20, 2017>
(8) The rates of reduction and exemption of facility charges by remaining facility prescribed in Article 33 (4) of the Act are prescribed in attached Table 1. <Newly Inserted by Presidential Decree No. 28135, Jun. 20, 2017>
 Article 32 (Imposition, Entrustment of Collection, etc. of Facility Charges)
(1) Where a project operator who is not an administrative agency intends to entrust the collection of facility charges and additional charges under the main sentence of Article 35 (5) of the Act, he/she shall send a document including the following matters to the head of the Si/Gun to be entrusted:
1. Name and address of persons liable to pay;
2. Amount of payment and deadline for payment;
3. Issuance or non-issuance of a reminder and the date of issuance.
(2) A project operator who is not an administrative agency shall pay an amount equivalent to three percent of a facility charge collected, to the head of the Si/Gun as costs for administrative affairs concerning imposition and collection of facility charges, under the latter part of Article 35 (5) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014]
 Articles 33 and 34 Deleted. <by Presidential Decree No. 20317, Oct. 4, 2007>
 Article 35 (Measures for Relocation, etc.)
(1) If it is deemed necessary for stabilizing the livelihood of migrants or residents of neighboring areas under Article 36 (2) of the Act, a project operator may make lists of job-seekers and job-offers by occupant proprietors in the industrial complex, respectively, and make an application for job-seeking and job-offering to the head of the competent local employment and labor office or the head of a Si/Gun. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 22269, Jul. 12, 2010>
(2) The head of a local employment and labor office or the head of a Si/Gun in receipt of an application for job-seeking and job-offering under paragraph (1) shall actively provide job placement services by providing job-providers with a list of job-seekers meeting the job-offering requirements and job-seekers with a list of job-offerers meeting the job qualification requirements. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 22269, Jul. 12, 2010>
(3) Relevant Mayors/Do Governors, heads of relevant Sis/Guns or project operators may include the following matters in measures they may formulate and execute under Article 36 (3) of the Act to support migrants: <Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014>
1. Implementation of training for change of occupation for migrants residents of the area designated as an industrial complex and desire to change occupation;
2. Support for profit-generating business for corporations or organizations comprised of residents of the area designated as an industrial complex.
(4) Mays/Do Governors shall determine matters necessary for persons eligible for training for the change of occupation, training methods, support, etc. under paragraph (3) 1 and the scope of profit-generating business under subparagraph 2 of the same paragraph by consulting with the heads of relevant Sis/Guns. <Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014>
 Article 36 (Authorization of Completion)
(1) Where a project operator intends to obtain authorization for completion under Article 37 (1) of the Act, he/she shall submit a written application for authorization for completion, which states the following matters to the authority approving the implementation plan for the industrial complex: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Name (in cases of a corporation, its title and the name of its representative) and address of the project operator;
2. Name of the project;
3. Location and size of the project execution area;
4. Period for execution of the project;
5. Land utilization plan;
6. Infrastructural facilities.
(2) A written application for authorization for completion under paragraph (1) shall be accompanied by the following documents and drawing plans: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16515, Aug. 6, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22449, Oct. 14, 2010; Presidential Decree No. 27472, Aug. 31, 2016>
1. As-built design drawings and documents (including as-built photographs);
2. A land register survey performance map issued by the head of a Si/Gun;
3. A disposal plan for the land, facilities, etc. developed under Article 38 of the Act;
4. A reversion protocol and drawings of public facilities, land, etc. under Article 26 of the Act (including an appraisal protocol by a certified public appraiser under the Act on Appraisal and Certified Appraisers in respect of disused public facilities, land, etc. and a detailed statement of the basis for calculation of construction expenses of newly installed public facilities in cases of a project operator under Article 16 (1) 2 through 6 of the Act: Provided, That this shall not apply where the authority approving an implementation plan recognizes that expenses for installation of newly installed public facilities exceed the amount of appraisal and assessment on disused public facilities, land, etc.);
5. A land substitution plan and an old and new land register comparison diagram (limited to land substitution under Article 24 of the Act);
6. A detailed statement of land to be acquired by a project operator under Articles 46 and 35 (4) of the Public Waters Management and Reclamation Act, and Article 51 of the Enforcement Decree of the same Act, and land, etc. to be reverted to the State or local governments (limited to reclamation on public waters).
(3) When an authority approving implementation plans receives an application or authorization of completion filed under paragraph (1), the authority shall inform the head of a national agency or local government who is to assume charge of or manage public facilities included in the contents of an application for authorization of completion by specifying the schedule for inspection on completion five days prior to the inspection date, and the head of a national agency or local government who intends to participate in the inspection on completion shall request participation prior to the date of inspection on completion. <Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996>
(4) An authority approving implementation plans in receipt of an application for authorization for completion filed under paragraph (1) shall deliver a certificate of authorization for completion, if it deems that the relevant industrial complex development project has been completed according to the approved implementation plan under Articles 17 through 19 of the Act by conducting the inspection on completion. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(5) "Institutions prescribed by Presidential Decree, such as a public enterprise" in the latter part of Article 37 (2) of the Act means any of the following: <Newly Inserted by Presidential Decree No. 23297, Nov. 16, 2011>
2. A local corporation and a local industrial complex under the Local Public Enterprises Act;
3. The Small and Medium Business Corporation under the Small and Medium Enterprises Promotion Act;
4. The Korea Industrial Complex Corporation under the Industrial Cluster Development and Factory Establishment Act;
5. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act.
(6) Matters to be publicly announced pursuant to Article 37 (5) of the Act are as follows: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 23297, Nov. 16, 2011>
1. Name of a project;
2. Name (in cases of a corporation, its title and the name of its representative) and the address of a project operator;
3. The location and surface area of an area where a project is executed;
4. The date of the authorization of completion;
5. A plan for management and disposal of public facilities, land, etc.
(7) Where a project operator obtains the authorization for completion under paragraph (4), he/she shall notify the relevant industrial complex management agency under Article 30 (2) of the Industrial Cluster Development and Factory Establishment Act of the details provided in the subparagraphs of paragraphs (1) and (2) within one month. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 23297, Nov. 16, 2011>
 Article 37 (Use of Land, etc. before Authorization for Completion)
(1) When a person who purchases land for industrial facilities (including sites for installing industrial facilities within a multi-functional site), etc. in lots, intends to use the land or facilities before obtaining authorization for completion pursuant to the proviso to Article 37 (7) of the Act, he/she shall submit a written application for use before authorization for completion to the project operator, specifying the scope of such use, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25453, Jul. 14, 2014>
(2) If any person designated as a project operator pursuant to Article 37 (8) of the Act intends to obtain prior approval from the authority approving implementation plans in order to use facilities he/she has installed, before authorization for completion, he/she shall submit a written application for use before authorization for completion under paragraph (1) to the authority approving implementation plans. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
(3) In any of the following cases, upon receipt of an application for use before authorization for completion filed under paragraph (1) or (2), a project operator and the authority approving implementation plans shall allow the applicant to use the relevant land or facilities without delay. In such cases, if the land or facilities to be used before authorization for completion include State or public property, the applicant shall acquire ownership of the relevant property (excluding where the project operator has completed prior consultation with the management agency on the reversion or transfer of State property or public property gratuitously reverted or transferred to him/her pursuant to Article 26 of the Act) prior to use: <Amended by Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22894, Apr. 6, 2011>
1. If a supplier of electricity, communications services, gas, etc. confirms that the supply of electricity, communications services, gas, etc. upon the applicant or the operation of factories, etc. taking occupancy (hereinafter referred to as "time of taking occupancy") is impracticable;
2. If the head of a competent Si/Gun has informed that the opening of roads and a supply of tap water sources are impracticable as at the time of taking occupancy;
3. In cases of taking occupancy of pollution-generating enterprises, if the operation of sewage, waste water, or wastes treatment facilities is impracticable by the time of taking occupancy, and the formulating the plan for substitute treatments is impracticable;
4. If other special grounds exist making the use of the created site or installed facilities impracticable.
[This Article Wholly Amended by Presidential Decree No. 16203, Mar. 26, 1999]
 Article 38 (Transfer of Developed Land, Facilities, etc.)
If a project operator intends to transfer developed land, facilities, etc. under Article 38 (1) of the Act, he/she shall prepare a protocol on the transfer in which a list and the value of the property is indicated, and forward such protocol to the prospective transferee.
[This Article Wholly Amended by Presidential Decree No. 14002, Nov. 6, 1993]
 Article 39 (Sale of Developed Land, Facilities, etc.)
(1) If a project operator intends to sell developed land, facilities, etc. to a person who wishes to move into the relevant industrial complex and perform a business under Article 38 (1) of the Act, he/she shall prepare a sale plan and sell them according to the plan. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) A sale plan referred to in paragraph (1) shall include the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. A detailed statement of land, facilities, etc. to be sold;
2. Qualifications for those eligible to purchase;
3. Time, method and conditions of sale;
4. Method of determining the sale price;
5. Matters on the advance payments and its payment.
 Article 40 (Determination, etc. of Sale Price)
(1) Where a project operator sells developed land, facilities, etc. as an industrial facilities site (including sites for installing industrial facilities within a multi-functional site; hereafter in this Article, the same shall apply) pursuant to Article 38 (1) of the Act, the development cost shall be the sale price thereof: Provided, That where he/she intends to sell a developed site for industrial facilities in lots, if necessary to promote sale in lots, he/she may sell parts of the site for industrial facilities at a price higher or lower than the development cost within the scope of the total development costs of the whole site for industrial facilities which he/she intends to sell in lots. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 25453, Jul. 14, 2014>
(2) With respect to sites which a project operator supplies at development costs, the amount calculated by adding an appropriate margin to the development cost may be set as the sale price. In such cases, the appropriate margin shall be calculated by multiplying the development cost by the profit ratios in the following classifications not exceeding 15 percent: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21590, Jun. 30, 2009; Presidential Decree No. 25453, Jul. 14, 2014>
1. A project operator who falls under Article 16 (1) 1 or 2 of the Act: The profit ratio the Minister of Land, Infrastructure and Transport determines and gives public notice of;
2. A project operator who falls under Article 16 (1) 2-2 or 3 through 6 of the Act: The profit ratio prescribed by municipal ordinance of the City/Do.
(3) Notwithstanding paragraph (2) 1, a project operator who falls under Article 16 (1) 1 or 2 of the Act (excluding special project operators under Article 39 of the Act) may set the profit ratio of the appropriate margin higher than the profit ratio prescribed in the same subparagraph within the extent of 15 percent following consultation with the authority designating industrial complexes. In such cases, the whole profit generated by increasing the profit ratio shall be used for the following purposes in the relevant industrial complex: <Newly Inserted by Presidential Decree No. 27577, Nov. 8, 2016>
1. Construction of facilities supporting enterprises to support, etc. the establishment of new business and development of technology or facilities for supporting workers;
2. Reduction of sales price, where he/she sells the facilities referred to in subparagraph 1.
(4) In any of the following cases, a project operator may determine the sale price at or not exceeding the development cost, notwithstanding the provisions of paragraphs (1) through (3): <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 27577, Nov. 8, 2016>
1. For more effectively attracting enterprises;
2. To facilitate provision of an industrial facility site to the owner of factories or distribution facilities to be relocated according to the implementation of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
3. Other cases deemed necessary by a project operator.
(5) Notwithstanding the provisions of paragraphs (1) and (4), a project operator may set a separate land sale price by adding interest under Article 379 of the Civil Act accrued for a period between the date five years after the completion of construction and the date the contract is concluded to the initial sale price, if the land is supplied at or not exceeding the development cost, out of the land remaining unsold five years after the completion of construction works. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 27577, Nov. 8, 2016>
(6) The sale price of a site supplied for a use, other than for the sites for industrial facilities referred to in paragraph (1) shall be the amount appraised by a certified public appraiser defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers: Provided, That where the sale price may not be the appraised amount, and the relevant sale price shall be as follows: <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24190, Nov. 20, 2012; Presidential Decree No. 27472, Aug. 31, 2016>
1. Where selling sites for logistics facilities, such as public freight terminal sites and collection-distribution complexes, and vocational facilities, directly required to support the production activities of persons relocating to an industrial complex: Development costs;
2. Where a site for school facilities, site for a day-care center, site for public medical facilities, site for public office buildings, site for public cultural facilities, site for public welfare facilities, site for national housing (limited to a site not exceeding 60 square meters), site for rental housing, and site for research facilities are supplied: Development costs or the amount not exceeding development costs;
3. Sites to be used for profit-making purposes, such as sites for sales facilities (excluding facilities sites under subparagraph 2 of Article 13-3 of the Enforcement Decree of the Housing Site Development Promotion Act): The highest price at competitive bidding;
4. Where a project operator deems it necessary: Price not exceeding the appraised amount: Provided, That any co-owned property shall be excluded.
(7) Any of the following project operators shall use at least 25 percent of earnings accrued from selling sites which are supplied for a use, other than sites for industrial facilities, in the relevant industrial complex (excluding special area development projects under Article 39 of the Act), to reduce the sale prices of the relevant sites for industrial facilities and re-investment in infrastructure, etc.: <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016>
1. A project operator who falls under Article 16 (1) 1 and 2 of the Act: Provided, That where he/she falls under any of the following items, such cases shall be excluded:
(a) Where he/she leases at least 20 percent of the area of a site for industrial facilities;
(b) Where the area of a site supplied at a cost higher than development costs is less than ten percent of the total area of an industrial complex;
2. Among project operators falling under Article 16 (1) 3 of the Act, a project operator who falls under Article 19 (3) 1 (b).
(8) Earnings accrued from selling sites, other than sites for industrial facilities under paragraph (7), shall be calculated based upon profits estimated pursuant to the business plan. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
(9) Development costs referred to in paragraphs (1) and (5) shall be the total amount of site expenses, liability for a site, development cost, expenses for construction of infrastructure, direct labor cost, expenses for migration measures, sale expenses, general overhead expenses, capital costs, and other expenses which are calculated by the standards prescribed in attached Table 2. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 27577, Nov. 8, 2016; Presidential Decree No. 28135, Jun. 20, 2017>
(10) Where a project operator sells a site for industrial facilities or a site, other than the site for industrial facilities, at or lower than the development costs pursuant to paragraph (4) or the proviso to paragraph (6), he/she may compensate for the loss by sales proceeds of sites other than those for industrial facilities of the relevant industrial complex or sales proceeds of sites for industrial facilities of any other industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 27577, Nov. 8, 2016>
(11) Where a project operator sells a site for industrial facilities before the authorization for completion, he/she shall settle the accounts based upon the total project expenses disbursed for the relevant industrial complex development project, plus reasonable margins, after the authorization for completion. In such cases, matters concerning the amount and timing for settlement of accounts shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 24443, Mar. 23, 2013>
(12) A person who has purchased land, etc. may require a project operator to terminate the contract without paying any penalty if the amount to be settled pursuant to paragraph (11) has increased by at least 15 percent above the advance payment: Provided, That the same shall not apply where the authority approving implementation plans deems that such amount has increased by at least 15 percent as a result of the enactment or amendment of the relevant statutes or changes in government policy leading to increase in the sale price. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22894, Apr. 6, 2011>
(13) Deleted. <by Presidential Decree No. 22894, Apr. 6, 2011>
(14) Where a person who purchases sites for industrial facilities in an industrial complex sold by a project operator referred to in Article 16 (1) 1 and 2 of the Act has inevitable causes making it impracticable to maintain the initial contract due to bankruptcy, managerial impracticability, or other causes determined by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she may make a request to reduce the area to be sold or cancel the sale contract without paying any penalty in whole (limited to where the area to be sold is reduced and where the reduced area is not exceeding 30 percent of the initial area to be sold) or without paying a penalty equivalent to 30 percent of the initial area to be sold (limited to where the area to be sold is reduced and where such reduction exceeds 30 percent of the initial area to be sold and the sale contract is cancelled) prior to the completion of the industrial complex: Provided, That the same shall not apply to any in the following cases: <Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Where it is impracticable for him/her to solely supply sites which have been reduced or cancelled due to the reduction in the area to be sold or cancellation of a sale contract as sites for industrial facilities;
2. Where he/she obtains permission for use prior to the completion authorization for the land sold.
(15) A project operator shall have evidentiary documents by item necessary to calculate development costs prescribed in paragraph (9), or settlement of accounts, etc. prescribed in paragraph (11). <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008>
(16) Paragraphs (1) through (15), Articles 38, 39, 40-2, 40-3, 41, 42, and 42-3 shall apply mutatis mutandis to methods for disposal, procedures for disposal, price standards, etc. where a project operator disposes of land, facilities, etc. in an area other than the area subject to management in a master plan for management of an industrial complex pursuant to Article 38 (2) of the Act. <Newly Inserted by Presidential Decree No. 23297, Nov. 16, 2011>
[This Article Wholly Amended by Presidential Decree No. 14429, Dec. 16, 1994]
 Article 40-2 (Public Tender, etc. for Unsold Sites)
(1) A project operator may conduct a public tender under the Act on Contracts to Which the State Is a Party to promote sale where the works of an industrial complex development project is completed and the sites for industrial facilities (including sites for installing industrial facilities within a multi-functional site; hereafter in this Article, the same shall apply) are unsold notwithstanding the efforts to sell made on at least two occasions. <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 26978, Feb. 11, 2016>
(2) A public tender referred to in paragraph (1) shall be conducted only once: Provided, That the same shall not apply where a project operator deems necessary to promote sale thereof.
(3) Where the amount of a successful tender falls short of the development cost as a result of a public tender referred to in paragraph (1), a local government may partially subsidize loss.
(4) Where a project operator deems necessary to facilitate a public tender, he/she may entrust the Korea Asset Management Corporation, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or the Korea Industrial Complex Corporation under the Industrial Cluster Development and Factory Establishment Act by offering such tender. <Amended by Presidential Decree No. 16709, Feb. 14, 2000; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21744, Sep. 21, 2009>
(5) If a public tender is entrusted pursuant to paragraph (4), no commissions shall exceed one percent of the sale price.
(6) In any of the following cases, a project operator may convert the sites for industrial facilities for rent, or request a broker under the Real Estate Brokerage Act to mediate the sale of the sites. <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 26978, Feb. 11, 2016>
1. Where the sites for industrial facilities are unsold, despite a public tender referred to in paragraph (1);
2. Where the sites for industrial facilities are unsold, despite efforts for the sales made on at least three occasions.
[This Article Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998]
 Article 40-3 (Use of Gains from Sale Generated from Building Construction)
(1) Gains from sale which are generated from building construction under Article 38 (5) of the Act (hereafter in this Article, referred to as "gains from sale") shall be calculated by subtracting appropriate margins from the estimated profits according to a business plan.
(2) Appropriate margins under paragraph (1) shall be calculated by multiplying the construction cost by the profit ratio set by municipal ordinance of a City/Do within 15 percent. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25091, Jan. 14, 2014>
(3) A project operator shall use at least 50 percent of gains from sale for the following purposes: <Amended by Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014>
1. Construction of public facilities prescribed in the subparagraphs of Article 31 (1) within an industrial complex;
2. Decrease in the sale price of an industrial facilities site (including sites for installing industrial facilities within a multi-functional site).
(4) Deleted. <by Presidential Decree No. 25858, Dec. 16, 2014>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 41 (Lease of Developed Land, Facilities, etc.)
(1) If a project operator wishes to directly lease developed land, facilities, etc. to a person who wishes to move into the relevant industrial complex and engage in business under Article 38 (1) of the Act, he/she shall prepare a project plan on lease and submit it to the authority approving implementation plans. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) A project plan on lease referred to in paragraph (1) shall include the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. A detailed statement of land, facilities, etc. to be leased;
2. The timing and method of lease and eligibility of those who may rent such land, facilities, etc.;
3. Business types to be attracted, and their size;
4. Criteria for calculation of lease deposits and rents;
5. Follow-up management and operational plan.
(3) and (4) Deleted. <by Presidential Decree No. 15098, Jun. 29, 1996>
(5) Matters necessary for managing land, facilities, etc. leased according to a project plan referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(6) "Rate prescribed by Presidential Decree" in Article 38 (6) of the Act means the rate classified as follows: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
1. Industrial complexes designated within the Seoul Metropolitan area: ten percent;
2. Industrial complexes designated within an area, other than the Seoul Metropolitan area: Five percent.
 Article 42 (Criteria for Calculation of Rents, etc.)
(1) If a project operator leases developed land, facilities, etc. under Article 41, criteria for calculating lease deposits and rents shall be as follows: <Amended by Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Lease deposits: Ten percent of the sale price determined under Article 40;
2. Rents of land, facilities, etc. to be leased: The amount computed by multiplying the sale price determined under Article 40 by the rate of rent prescribed by Ordinance of the Ministry of Land, infrastructure and Transport;
3. Deleted. <by Presidential Decree No. 17886, Jan. 14, 2003>
(2) The lease period for land, facilities, etc. referred to in paragraph (1) shall be not exceeding ten years, and if the lessee wishes to renew the lease contract after the expiry of the lease period, the lessor shall comply therewith except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 42-2 (Procedures, etc. for Supply and Development of Land Retaining Original Features)
(1) Where a project operator intends to invite persons who will be supplied with land retaining original features through a public contest pursuant to Article 38-2 (1) of the Act, he/she shall make a public announcement the following matters at least once in a daily newspaper which has nationwide circulation, or the main circulation territory of which is the relevant region. In such cases, the period for participation in the public contest shall be at least 90 days:
1. Current state of land subject to public contest;
2. Qualification for participation in, and time schedule of, the public contest;
3. Other matters that the project operator deems necessary.
(2) A project operator shall select a person who will be supplied with land retaining original features from among persons who have participated in the public contest pursuant to paragraph (1), following evaluation by a selection evaluation group comprised of experts of each field.
(3) Where an authority designating industrial complexes receives an application for approval for the supply of land retaining original features pursuant to Article 25-2 (2) of the Urban Development Act which applies mutatis mutandis under Article 38-2 (2) of the Act, he/she shall approve the supply of the land retaining original features after altering the industrial complex development plan, if such alteration of the industrial complex development plan is necessary to supply the relevant land retaining original features.
(4) The supply price of land retaining original features referred to in Article 38-2 (1) of the Act shall be determined between the project operator and the developer of the land retaining original features following consultations between them, on the basis of the amount which is obtained by adding the construction costs of infrastructure, etc. installed at the land retaining original features to the appraised value of the land retaining original features to which the industrial complex development plan is reflected (in cases of a site for industrial facilities, referring to the creation costs thereof, and in cases of a complex site, referring to the aggregate of supply price of each site).
(5) The scope of duties of a project operator and a developer of land retaining original features under Article 38-2 (1) of the Act shall be determined by a contract on the supply of land retaining original features, however, a project operator shall be responsible to perform the affairs prescribed in the relevant statutes, such as application, etc. for authorization and permission.
(6) “Period prescribed by Presidential Decree" in the main sentence of Article 38-2 (3) of the Act means a period classified as follows:
1. A site for industrial facilities (including complex sites): The following periods:
(a) In cases of a site for facilities subject to reporting on the completion of establishment of a factory or the commencement of business under Article 15 (1) or (2) of the Industrial Cluster Development and Factory Establishment Act, five years after filing such report;
(b) In cases of a site not subject to reporting under item (a), five years after completing the process of authorization, permission, report, etc. in accordance with relevant Acts to use the relevant facilities;
2. A site other than sites for industrial facilities: The period which lapses earlier between the following periods:
(a) Five years from the date of public announcement of the completion of works of land retaining original features;
(b) Ten years from the date of contract on the supply of land retaining original features.
(7) "Cases prescribed by Presidential Decree, such as housing for relocation, public facilities, and cultural facilities" in the proviso to Article 38-2 (3) of the Act means the following sites:
1. Sites for housing for relocation;
2. Sites for public facilities and cultural facilities;
3. Sites for infrastructure
4. Sites for rental housing;
5. Other sites for installation of facilities which are difficult for a developer of land retaining original features to develop or operate directly.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 42-3 (Methods for Supply and Procedures for Disposal, etc. of Developed Land, Facilities, etc.)
(1) If a project operator wishes to sell or lease developed land, facilities, etc., he/she shall publicly announce major contents thereof, such as criteria for prices, eligibility, and method of selecting persons eligible therefor, in a daily newspaper published in the capital city or the relevant area, as determined by a sale plan and rental business plan referred to in Articles 39 and 41 (hereafter in this Article, referred to as "disposal plan").
(2) A person who wishes to procure the ownership of, or rent, any developed land, facilities, etc. pursuant to paragraph (1) shall submit to a project operator a written application for the sale or lease thereof.
(3) A project operator shall select persons eligible for sale or lease from among applicants referred to in paragraph (2) according to the qualifications specified in a disposal plan, and select them by drawing of ballot where those eligible for sale or lease compete among themselves: Provided, That in cases of sites for industrial facilities (including sites for installing industrial facilities within a multi-functional site; hereafter in this Article, the same shall apply), he/she may preferentially select any of the following persons: <Amended by Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20261, Sep. 10, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22103, Mar. 26, 2010; Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 24190, Nov. 20, 2012; Presidential Decree No. 25453, Jul. 14, 2014>
1. A person who intends to relocate from an over-concentration control region referred to in Article 6 of the Seoul Metropolitan Area Readjustment Planning Act;
2. A person who intends to construct a knowledge industry center under subparagraph 13 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;
3. Deleted; <by Presidential Decree No. 21041, Sep. 25, 2008>
4. A person who intends to obtain approval for a cooperative action plan and execute such plan under Article 29 of the Small and Medium Enterprises Promotion Act;
5. A person required to relocate according to a renovation plan;
6. A person who owns factories or logistics facilities required to relocate under a relevant Act;
7. Model enterprises for disaster mitigation under subparagraph 6 of Article 2 of the Act on Assistance to the Autonomous Activities of Enterprises for Disaster Mitigation;
8. The owner of a factory for which a Mayor/Do Governor recognizes the need for relocation into his/her jurisdiction among factories, the additional construction of which is restricted for grounds falling under any subparagraph of Article 93 (1) of the Enforcement Decree of the National Land Planning and Utilization Act;
9. A person who intends to relocate his/her business office operated in a foreign country to the Republic of Korea.
(4) Notwithstanding paragraph (3), a project operator may supply an industrial facility site by private contract when falling under any of the following cases: <Amended by Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 27577, Nov. 8, 2016>
1. Where an enterprise which has concluded an occupancy agreement with a person authorized to designate industrial complexes under Article 7 (2) 3 is included in a plan for placement of the types of business to be invited of an industrial complex development plan, or the area such enterprise intends to use is included in the area suppled by type of business to be invited;
2. Where a foreign-invested enterprise under the Foreign Investment Promotion Act undergoes consultation with a person authorized to designate industrial complexes regarding the industrial facility site it will directly use;
3. Where an enterprise which has concluded an occupancy agreement with the Mayor/Do Governor or with a project operator after obtaining approval from the relevant person authorized to designate industrial complexes in a national industrial complex or an urban high-tech industrial complex (limited to where the Minister of Land, Infrastructure and Transport is the designating authority) which falls under any of the following cases is included in a plan for placement of the types of business to be invited of an industrial complex development plan, or the area such enterprise intends to use is included in the area suppled by type of business to be invited:
(a) Where it is necessary to promote sale for the activation of an industrial complex;
(b) Where it is necessary to cluster a specific industry in the relevant area;
(c) Where it is necessary for activating the regional economy;
4. Where the project operator intends to supply a site for industrial facilities in a renovation project district, following consultation with an authority designating renovation project districts prescribed in Article 39-2 (1) of the Act (hereinafter referred to as "authority designating renovation project districts"), to a real estate investment trust (referring to a real estate investment trust defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act) to which a person who falls under Article 16 (1) 1 (a) through (c) of the Act has made investment solely or jointly exceeding 50 percent of the total equity.
(5) Notwithstanding the provisions of paragraph (3), with respect to sites for industrial facilities at the ratio prescribed in the following subparagraphs, a Mayor/Do Governor may separately prescribe methods for selection of persons eligible for purchasing the sites by municipal ordinance, such as the order of priority for occupancy, in consideration of industrial circumstances, etc. of the relevant area: <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
1. National industrial complexes: Ten percent;
2. General industrial complexes, urban high-tech industrial complexes, and agricultural and industrial complexes: 30 percent.
(6) Article 13-2 (1) through (7) of the Enforcement Decree of the Housing Site Development Promotion Act shall apply mutatis mutandis to methods for supply of sites which are supplied for a use, other than sites for industrial complexes. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
(7) If a project operator sells or leases developed land, facilities, etc., he/she shall notify the authority to manage the relevant industrial complex and the designating authority of industrial complexes of the contents thereof within 15 days. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 43 (Entrustment of Sale or Leasing Affairs of Developed Land, Facilities, etc.)
(1) Where a project operator intends to entrust affairs concerning sale or lease of developed land, facilities, etc. pursuant to Article 38 (3) of the Act, he/she shall enter into a contract for entrustment of affairs with the Industrial Complex Management Corporation. <Amended by Presidential Decree No. 23297, Nov. 16, 2011>
(2) A contract for entrustment referred to in paragraph (1) shall include the following matters:
1. The scope of affairs to be entrusted;
2. A plan to perform entrusted affairs;
3. The method of price payment;
4. Matters concerning terms and conditions of entrustment and termination thereof.
[This Article Wholly Amended by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 43-2 Deleted. <by Presidential Decree No. 22103, Mar. 26, 2010>
 Article 43-3 (Standards for Designation and Methods for Supply of Complexes for Exclusive Use by Relocating Enterprises)
(1) If a Mayor/Do Governor intends to designate a complex for exclusive use by relocating enterprises pursuant to Article 38-5 (1) of the Act, the area occupied by enterprises located in the Seoul Metropolitan area to relocate into the complex shall be at least 60 percent of the area of sites for industrial facilities (including sites for installing industrial facilities within a multi-functional site; hereafter in this Article, the same shall apply) in the relevant complex for exclusive use by relocating enterprises: Provided, That in line with the relocation of a large enterprise (referring to an enterprise which is not a small and medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises; hereinafter the same shall apply), if it is expected that enterprises in relations of cooperation in production of products of the relevant enterprise (hereinafter referred to as "cooperative enterprises") move together, a complex for exclusive use by relocating enterprises may be designated when the area occupied by a large enterprise which is moving into the complex is at least 50 percent of the area of a site for industrial facilities in the complex for exclusive use by relocating enterprises intended to be designated. <Amended by Presidential Decree No. 24190, Nov. 20, 2012; Presidential Decree No. 25453, Jul. 14, 2014>
(2) Sites for industrial facilities in a complex for exclusive use by relocating enterprises may be supplied preferentially to a relocating enterprise which has entered into an agreement for relocation of an enterprise with the designating authority of industrial complexes (including cooperative enterprises where a relocating enterprise is a large enterprise).
(3) The area to be occupied by a relocating enterprise under paragraph (1) shall be calculated based upon objective data, such as a written agreement for relocation of an enterprise concluded pursuant to paragraph (2).
(4) The extent of cooperative enterprises under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
 Article 43-4 Deleted. <by Presidential Decree No. 24190, Nov. 20, 2012>
 Article 44 (Designation of Renovation Project Districts)
(1) Pursuant to Article 39-2 (3) of the Act, if a renovation project district extends over at least two Cities/Dos or Sis/Guns/Gus, the designating authority of the renovation project district shall be determined after relevant Mayors/Do Governors or the heads of relevant Sis/Guns/Gus consult thereabout: Provided, That if relevant Mayors/Do Governors or the heads of relevant Sis/Guns/Gus fail to reach agreement after consultation, the Minister of Land, Infrastructure and Transport shall designate the designating authority of the renovation project district. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27577, Nov. 8, 2016>
(2) Under Article 39-2 (4) of the Act, in any of the following cases, an industrial complex renovation project (hereinafter referred to as "renovation project") may be executed within part of an industrial complex or area (referring to an industrial area falling under Article 36 (1) 1 (c) of the National Land Planning and Utilization Act; hereinafter the same shall apply):
1. Where the area subject to a renovation project is less than 50 percent of the area of the designated industrial complex;
2. Where a land utilization plan need not to be amended, but the maintenance, repair, improvement, or expansion of supporting facilities, infrastructure, etc. is deemed necessary.
(3) "Where he/she intends to amend any important matter prescribed by Presidential Decree" in the latter parts of Article 39-2 (5) and (7) of the Act respectively means the where he/she intends make an alteration prescribed in any subparagraph of Article 7 (1). In such cases, "industrial complex" shall be construed as "renovation project district". <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
(4) "Matters prescribed by Presidential Decree" in Article 39-2 (6) 14 of the Act means the following matters:
1. Execution period for a renovation project;
2. Supporting plan of major facilities for the development of a renovation project district;
3. Development plan of a substitute industrial complex (limited to where it is necessary);
4. Analysis data on demand for occupancy.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-2 (Public Notice of Designation of Renovation Project Districts)
(1) When an authority designating renovation project districts designates or alters a renovation project district pursuant to Article 39-3 (1) of the Act, he/she shall publicly notify the following matters (in cases of changes, limited to changed matters): Provided, That where the matters under subparagraphs 3 and 5 through 9 have not been determined at the time the renovation project district is designated, such matters may be publicly notified once they are determined: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016; Presidential Decree No. 27577, Nov. 8, 2016>
1. Name, location, and area of the renovation project district;
2. Basic direction-setting and objectives of the renovation project;
3. Renovation project operator;
4. Execution period and method of execution of the renovation project;
5. Type of the industrial complex in a legal fiction created by the designation of the renovation project district (limited to where an industrial area is included in a renovation project district);
6. Plans to rearrange industries and to advance category of business;
7. Land utilization plan and major infrastructure plan;
8. Matters concerning project implementation in a staged manner;
9. A detailed list of land, building structures, and other things or rights to be expropriated or used, if any, and the names and addresses of the owners and interested persons defined in subparagraph 5 of Article 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
10. Perusal method of relevant documents;
11. Other matters prescribed by the Minister of Land, Infrastructure and Transport.
(2) Deleted. <by Presidential Decree No. 26978, Feb. 11, 2016>
(3) The perusal period for relevant documents under Article 39-3 (4) of the Act shall be at least 14 days.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-3 (Hearing Opinions of Factory Owners, etc.)
(1) When an authority designating renovation project districts intends to hear opinions of residents, factory owners, etc. pursuant to Article 39-4 (1) of the Act, he/she shall publicly announce the following matters in at least two general daily newspapers circulated nationwide or in the relevant regions which are registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, Etc., or in the website of the relevant City/Do or Si/Gun/Gu, and make them available for inspection by the public for at least 14 days: Provided, That where the area of a renovation project district is less than 100 thousand square meters, the following matters may be publicly announced in the official bulletin or the website of the relevant City/Do or Si/Gun/Gu, instead of in the general daily newspapers: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016>
1. Outline of the designation of the renovation project district and renovation plan to be drafted;
2. Matters concerning the renovation project operator and execution method of the renovation project;
3. Period for public inspection;
4. Other matters prescribed by the Minister of Land, Infrastructure and Transport.
(2) A person who has an opinion about matters publicly announced under paragraph (1) may submit his/her statement to a person who has publicly announced the designation of a renovation project district within the period for public inspection under paragraph (1) 3.
(3) An authority designating renovation project districts shall review whether to reflect an opinion submitted under paragraph (2) in matters publicly announced and notify a person who has submitted his/her opinion of the results thereof within 30 days after the period for public inspection expires. <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-4 (Requests for Designation of Renovation Project Districts)
Article 13 (2) through (7) shall apply mutatis mutandis to requests for the designation of renovation project districts under Article 39-5 of the Act. In such cases, "industrial complex" shall be construed as "renovation project district", "application for designation of industrial complex" as "application for designation of renovation project district", "authority designating industrial complexes" as "authority designating renovation project districts", "national industrial complexes, general industrial complexes, or urban high-tech industrial complexes" as "renovation project districts", respectively, and "relation to other industrial complex development plans" as "relation to other industrial complex development plans or renovation plans". <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-5 (Approval for Renovation Implementation Plans)
(1) A person who intends to execute a renovation project shall submit, to the designating authority of renovation project districts, an application for approval for a renovation implementation plan stating the following matters within one year and six months from the date the person is designated as the renovation project operator under Article 16 of the Act which applies mutatis mutandis pursuant to Article 39-10 of the Act:
1. Name (in cases of a corporation, its title and the name of its representative) and address of the renovation project operator;
2. Name of the renovation project;
3. Objectives of the renovation project;
4. Location and size of the renovation project to be implemented;
5. Implementation method and period for the renovation project;
6. Land utilization status in the project implementation area;
7. A land utilization plan and an infrastructural facilities plan;
8. A plan for creating a substitute industrial complex and constructing temporary operation facilities;
9. A disposal plan of wastes to be generated in the course of implementing the renovation project.
(2) An application for approval for a renovation implementation plan under paragraph (1) shall be accompanied by the following documents and drawings. In such cases, the designating authority of renovation project districts shall confirm a cadastral map through the sharing of administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
1. Drawings of location;
2. Floor plans and detailed design drawings and documents (including an explanatory note on reclamation works prescribed by Ordinance of the Ministry of Land, infrastructure and Transport if the renovation implementation plan includes the reclamation on public waters);
3. Project costs and financing plans (including annual investment plans);
4. A cost-bearing plan for infrastructure;
5. A plan for the management and disposal of land or facilities to be developed;
6. A detailed statement on existing factories, buildings, etc. to be retained in the project implementation area;
7. A detailed statement on buildings, structures, etc. in the renovation project district deemed detrimental to the implementation of the renovation project;
8. Documents on the purchase of and compensation for land, buildings, rights, etc. in the project implementation area and relocation plans of residents;
9. A plan for creating a substitute industrial complex and constructing temporary operation facilities;
10. A plan for gratuitous reversion and replacement of public facilities, land, etc.;
11. A calculation statement of installation costs of public facilities to be reverted to the State or local governments and a written evaluation on existing public facilities to be reverted or transferred to the renovation project operator;
12. A plan for the vicarious implementation of the renovation project (limited to where such plan is available);
13. Related documents and drawings necessary for determining urban or Gun management planning (including district-unit planning);
14. A land substitution plan for former land owners (limited to where such land substitution plan is available);
15. A disposal plan of wastes to be generated in the course of implementing the renovation project;
16. Documents regarding the effects on the conservation of cultural assets;
17. An impact assessment report on public waters, etc. (limited to the reclamation on public waters).
(3) When a renovation project operator requests an extension of the application period for approval under paragraph (1) due to inevitable causes, the designating authority of renovation project districts may extend the period by up to six months.
(4) "Insignificant matters prescribed by Presidential Decree" in the latter part of Article 39-7 (1) of the Act means matters falling under any subparagraph of Article 21-2 (1). <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-6 (Public Contest and Proposal for Formulating Renovation Implementation Plan)
(1) Where an authority designating renovation project districts invites the public to propose a renovation implementation plan pursuant to the forepart of Article 39-7 (2) of the Act, he/she shall make a public announcement of the following matters at least once in a daily newspaper which has nationwide circulation, or the main circulation territory of which is the relevant region, and the Official Gazette. In such cases, the period for the participation shall be at least 90 days:
1. Outline of the renovation project;
2. Location and area subject to the public contest (referring to all or part of the renovation project district; hereinafter the same shall apply);
3. Qualification for participation in, and time schedule of, the public contest;
4. Plan for evaluation and screening of the renovation implementation plans proposed;
5 Procedures for designating a renovation project operator of the area subject to the public contest;
6. Guidelines for preparing a proposal for the renovation implementation plan;
7. Other matters necessary for the public contest of proposals for the industrial complex development plan.
(2) An authority designating renovation project districts may evaluate renovation implementation plans proposed by organizing a public contest committee under the jurisdiction of the Committee for Deliberation on Local Industrial Location. In such cases, matters necessary for composing, operating etc. the public contest committee shall be determined by the authority designating renovation project districts. <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
(3) A person who intends to propose an authority designating renovation project districts to formulate a renovation implementation plan pursuant to Article 39-7 (3) of the Act shall submit a proposal including the matters prescribed in Article 44-5 (1) 4 through 7 and 9 to the said authority after obtaining consent from landowners, etc. pursuant to Article 39-8 of the Act.
(4) Upon receipt of a proposal pursuant to paragraph (3), the authority designating renovation project districts shall notify the proposer of whether his/her proposal will be reflected in the renovation implementation plan, within 45 days from the receipt date thereof: Provided, That the period for notification may be extended only once within the extent of 30 days, if any extenuating circumstance exists.
(5) An authority designating renovation project districts who intends to determine whether to reflect a proposal submitted pursuant to paragraph (3) in his/her renovation implementation plan may refer the matter to the Committee for Deliberation on Local Industrial Location pursuant to Article 3 (3) of the Act for deliberation.
(6) Except as otherwise expressly prescribed for in paragraphs (3) through (5), matters necessary for formulating a renovation implementation plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 44-7 (Public Notice of Approval for Renovation Implementation Plans)
"Matters prescribed by Presidential Decree" in Article 39-7 (5) of the Act means the matters provided in the subparagraphs of Article 23-2. <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-8 (Consent from Landowners, etc.)
(1) The method of computing the number of consenters under Article 39-8 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
1. Where one piece of land is jointly owned by several persons: Only one representative co-owner which has obtained consent from other co-owners shall be deemed the owner of the relevant piece of land: Provided, That each sectional owner defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall be deemed one landowner;
2. Where one building is jointly owned by several persons: Only one representative co-owner which has obtained consent from other co-owners shall be deemed the owner of the relevant building;
3. Where the number of landowners and building owners increases as a sectional ownership defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings is split since the date of public inspection and announcement under Article 44-3 (1): The number of consenters shall be computed based on the number of owners before the date of public inspection and announcement, and the increase in the number of owners thereafter shall not be additionally included in the total number of owners;
4. A person whose resident registration number is not recorded at the time the person is registered as the owner in the certified copy of a land register, building register, land cadastre, and building ledger, whose recorded address is different from the current address, and whose whereabouts are unknown shall not be counted in the number of landowners, persons with superficies, and building owners.
(2) When an authority designating renovation project districts intends to obtain consent or the subsequent retraction thereof from landowners, persons with superficies, or building owners, he/she shall require them to submit the consent form or consent retraction form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall require the representative owner of any co-owned land, superficies, or buildings to submit the consent form for designating the representative, along with aforesaid forms. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016>
(3) Except as otherwise expressly prescribed for in paragraphs (1) and (2), detailed matters concerning the method, procedure, etc. of computing the number of consenters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-9 (Application Mutatis Mutandis, etc. to Renovation Projects)
(1) Articles 4 through 6, 14 (limited to where Article 12 of the Act applies mutatis mutandis pursuant to the proviso to Article 39-10 (1) of the Act), 15, 19, 20, 20-2, 20-3, 24, 24-2 through 24-4, 25, 27, 27-2, 28 through 31, 35 through 40 (excluding Article 40 (7)), 40-2, 40-3, 41, 42, 42-3, 43, 47-3, and 47-4 shall apply mutatis mutandis to renovation projects. In such cases, "industrial complex" shall be construed as "renovation project district", "industrial complex development plan" as "renovation plan", "authority designating industrial complexes" and "authority approving implementation plans" as "authority designating renovation project districts", respectively, and "implementation plan of industrial complex development" as "renovation implementation plan". <Amended by Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 26978, Feb. 11, 2016>
(2) Items of expenses the State or a local government may subsidize pursuant to Article 28 of the Act which applies mutatis mutandis pursuant to the main sentence of Article 39-10 (1) of the Act are as listed below. In such cases, the scope and the ratio of subsidization to a renovation project may be separately prescribed by the Minister of Land, Infrastructure and Transport, following deliberations thereon by the Deliberation Committee: <Amended by Presidential Decree No. 22894, Apr. 6, 2011; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27792, Jan. 17, 2017>
1. Site expenses, etc. for a renovation project district and land development costs for developing a renovation project district;
2. Construction costs of arterial roads, green facilities, parks, parking lots, and common utility ducts in a renovation project district;
3. Construction costs of water supply facilities, sewerage, and public waste water treatment facilities;
4. Infrastructure costs, such as access roads, electric power, and communications facilities, in a renovation project district;
5. Relocation project costs;
6. Investigation costs of cultural assets and pollution status.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-10 (Execution of Projects in Vitalization Zones)
(1) A project operator of a vitalization zone under Article 39-12 (1) of the Act (hereinafter referred to as "vitalization zone") shall be determined in accordance with a vitalization plan referred to in Article 39-12 (2) of the Act from among persons prescribed in Article 16 (1) of the Act.
(2) Methods of executing a project in a vitalization zone under Article 39-12 (5) of the Act shall conform to Article 39-6 of the Act.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 44-11 (Contents of Vitalization Plans)
"Matters prescribed by Presidential Decree" in Article 39-12 (3) 5 of the Act means the following:
1. Location and area of the vitalization area;
2. Period for execution of the project (including scheduled dates of commencement and completion of works);
3. Names of the project operator and its representative;
4. Matters concerning the relaxation of the building-to-land ratio and the floor area ratio under Article 39-13 (1) of the Act;
5. Matters concerning the relaxation of and exemption from application of other provisions of law under Article 39-13 (4) of the Act;
6. Matters concerning matters stipulated in subparagraphs of Article 44-5 (1) (limited to the matters altered, where any alteration is made);
7. Other matters necessary for the systematic development and management of the vitalization zone.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 44-12 (Supporting Measures for Occupant Enterprises)
(1) An authority designating renovation project districts shall inspect the actual condition of operation of occupant enterprises in a renovation project district including the following matters before formulating a renovation implementation plan under Article 39-14 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016>
1. Number of buildings, occupant enterprises, and workers;
2. Level of sales and form of business category by occupant enterprise;
3. Level of price and rents of buildings located in a renovation project district;
4. Other matters prescribed by the Minister of Land, Infrastructure and Transport.
(2) To facilitate the re-settlement of occupant enterprises, an authority designating renovation project districts shall investigate demand for occupancy, including the following matters, and reflect it in the renovation implementation plan: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26978, Feb. 11, 2016>
1. Demand for relocation into buildings in a renovation project district, including level, etc. of rents;
2. Demand for wishing to relocate to neighboring areas;
3. Other matters prescribed by the Minister of Land, Infrastructure and Transport.
(3) If necessary in view of the results of investigation under paragraph (1) and (2), an authority designating renovation project districts shall include a development plan of substitute industrial complexes in a renovation implementation plan, and may provide temporary operation facilities in neighboring areas or use the cyclic development method which develops the renovation project in a staged manner for the purpose of stabilizing the operation of occupant enterprises during the period for implementation of the renovation project. <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-13 (Re-Investment of Development Gains)
A renovation project operator shall use at least 25 percent of gains from sale of sites provided for purposes other than the use as sites of industrial facilities (including sites for installing industrial facilities within a multi-functional site; hereafter in this Article, the same shall apply) in the relevant renovation project district to reduce the sale price of sites for industrial facilities and to reinvest in infrastructure pursuant to Article 39-15 of the Act: Provided, That this shall not apply in any of the following cases: <Amended by Presidential Decree No. 24154, Oct. 29, 2012; Presidential Decree No. 25453, Jul. 14, 2014; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 26978, Feb. 11, 2016>
1. Where a renovation project operator leases at least 20 percent of the area of sites for industrial facilities;
2. Where the area of the sites supplied at a price higher than the development cost is less than ten percent of the total area of the renovation project district.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-14 (Special Cases concerning Standards for School Facilities for Renovation Projects)
School facilities standards in a renovation project district may be relaxed up to 1/2 of the area of the school site, pursuant to Article 39-17 (1) of the Act. <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-15 (Special Cases concerning Construction Projects for Renovation Projects)
"Construction projects prescribed by Presidential Decree" in Article 39-17 (4) of the Act means construction projects prescribed in subparagraph 9 (a), (c), and (d) of Article 2 of the Act. <Amended by Presidential Decree No. 25091, Jan. 14, 2014; Presidential Decree No. 26978, Feb. 11, 2016>
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
 Article 44-16 (Designation, etc. of General Project Manager)
(1) Where an authority designating renovation project districts intends to designate a general project manager under Article 39-18 (1) of the Act (hereinafter referred to as "general project manger"), he/she shall receive and evaluate a plan proposal for the execution of general project management from those who intend to be designated as a general project manager. <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
(2) "Duties ---(Omitted)--- prescribed by Presidential Decree" in Article 39-18 (2) 5 of the Act means the following business: <Amended by Presidential Decree No. 26978, Feb. 11, 2016>
1. Technical support for formulating renovation plan;
2. Organizing and operating a consultative body for promoting a renovation project;
3. Formulating and executing plans for financing and operating a renovation project;
4. Preparing, analyzing, and managing materials on the current state of implementing a renovation project;
5. Matters necessary for efficiently promoting a renovation project, which are requested by the person authorized to prepare a renovation plan.
(3) A person authorized to prepare a renovation plan may fully or partially subsidize costs incurred in vicariously performing business of general project managers.
[This Article Newly Inserted by Presidential Decree No. 25453, Jul. 14, 2014]
 Article 44-17 (Operation of Special Accounts for Renovation of Industrial Complexes)
(1) Pursuant to Article 39-19 (1) of the Act, an authority designating renovation project districts may establish and operate a special account for renovation of industrial complex in order to support the vitalization of a renovation project under his/her jurisdiction: Provided, That a Mayor/Do Governor may also establish and operate a special account for renovation of industrial complex where necessary to support, etc. of a renovation project executed by the head of a Si/Gun in his/her jurisdictional area.
(2) "Percentage prescribed by Presidential Decree" in Article 39-19 (2) 1 of the Act means a percentage prescribed by municipal ordinance of the relevant local government not exceeding ten percent.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 44-18 (Composition and Operation of Industrial Complex Renovation Promotion Council)
(1) An industrial complex renovation promotion council under Article 39-20 (1) of the Act (hereinafter referred to as "promotion council") shall be comprised of not exceeding 30 members, including one chairperson.
(2) Members of a promotion council shall be appointed or commissioned by an authority designating renovation project districts from among persons stipulated in Article 39-20 (2) of the Act, and the chairperson shall be elected by and from among the members.
(3) The term of office of a member who is not a public official shall be three years.
(4) A meeting of promotion council shall convene with a majority of members present, and any determination thereof shall require the concurring vote of at least a majority of those present.
(5) Except as otherwise expressly prescribed for in subparagraph (1) through (4), matters necessary for composing, operating, etc. may be prescribed by municipal ordinance of a local government.
[This Article Newly Inserted by Presidential Decree No. 26978, Feb. 11, 2016]
 Article 45 (Preparation of Criteria for Designation and Development of Locations)
(1) Criteria for the designation and development of locations referred to in Article 40 (1) of the Act shall include the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Criteria for selecting individual factory locations;
2. Criteria for proper use of sites for industrial facilities;
3. Installation and maintenance of infrastructural facilities;
4. Matters necessary for the proper positioning of industries and balanced development among regions;
5. Matters necessary for preserving the environment and cultural heritage;
6. Matters necessary for stabilizing land prices;
7. Other matters necessary for harmonization with other plans.
(2) "Modification of minor matters prescribed by Presidential Decree" in the proviso to Article 40 (2) of the Act means the modification of matters referred to in paragraph (1) 4 through 7. <Amended by Presidential Decree No. 23297, Nov. 16, 2011>
 Article 45-2 (Designation, etc. of Inducement District for Factory Location)
(1) An inducement district for factory location prescribed in Article 40-2 (1) of the Act (hereinafter referred to as "inducement district for factory location") may be designated only to an area meeting each of the following requirements: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. That it shall be easy to induce forming a group in consideration of land utilization and transportation conditions as well as natural environment of an area to which designation of an inducement district for factory location is intended where factories exist, or there is demand for factory location;
2. That it shall be easy to use, link, or install infrastructure prescribed in Article 27;
3. That there shall not be restrictions on construction of factories.
(2) When it is intended to designate an inducement district for factory location pursuant to Article 40-2 of the Act, the present situation and future plan of land utilization of the relevant area and surrounding areas, whether factory location is restricted pursuant to other statutes, whether it is an area regularly affected by disasters, etc. shall be investigated.
(3) In accordance with the results of investigation under paragraph (2), a person authorized to designate inducement districts for factory location prescribed in Article 40-2 (2) of the Act (hereinafter referred to as "person authorized to designate inducement districts for factory location") shall formulate a designation plan for inducement district for factory location (hereinafter referred to as "designation plan") including the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28135, Jun. 20, 2017>
1. Purposes of designation;
2. Locations and size of the district to be designated;
3. Plan for utilization of land;
4. Plan for utilization and installation of infrastructure;
5. Types of business eligible to take occupancy;
6. Other matters determined by the Minister of Land, Infrastructure and Transport.
(4) A person authorized to designate inducement districts for factory location shall hear opinions on a designation plan from residents, including land owners and interested persons of the relevant area, by submitting such opinions to public inspection in advance, and shall reflect them if deemed reasonable. The same shall apply when he/she intends to modify a designation plan. <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 28135, Jun. 20, 2017>
(5) "Matters prescribed by Presidential Decree" in Article 40-2 (3) of the Act means the following matters: <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 28135, Jun. 20, 2017>
1. Location and area of the district to be designated;
2. Purposes of designation;
3. Types of business eligible to take occupancy;
4. Location map;
5. Records of incorporated land and cadastral map;
6. Major assistance plan to activate the inducement district for factory location.
(6) Where a person authorized to designate inducement districts for factory location has designated and publicly notified an inducement district for factory location, he/she shall not modify it within two years from the date it is publicly notified: Provided, That where it is necessary due to the enactment or amendment of related statutes or municipal ordinances, changes in surroundings of the relevant area and neighboring area, etc., he/she may modify part or whole of the designated area. <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 28135, Jun. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 45-3 (Assistance, etc. to Inducement Districts for Factory Location)
(1) "Joint wastewater treatment facilities meeting the standards prescribed by Presidential Decree" in Article 40-3 (3) of the Act means private sewerage facilities under Article 34 (3) of the Sewerage Act and water pollution prevention facilities under Article 35 of the Water Environment Conservation Act. <Amended by Presidential Decree No. 20428, Nov. 30, 2007; Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 28583, Jan. 16, 2018>
(2) "District meeting the requirements prescribed by Presidential Decree" in the former part of Article 40-3 (4) of the Act means any district meeting each of the following requirements: <Amended by Presidential Decree No. 23297, Nov. 16, 2011; Presidential Decree No. 23914, Jun. 29, 2012; Presidential Decree No. 24190, Nov. 20, 2012; Presidential Decree No. 28135, Jun. 20, 2017>
1. That it shall meet the following area requirements:
(a) Where the State grants a subsidy or provides facilities: At least 150,000 square meters;
(b) Where a local government grants a subsidy or provides facilities: At least 30,000 square meters;
2. That the sum of the following areas shall be at least 50 percent of the area of the inducement district for factory location:
(a) Area of a factory site approved for factory establishment under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
(b) Area of a factory site applied for approval for factory establishment under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
(c) Area of the relevant factory site where factory establishment is agreed in writing.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 46 Deleted. <by Presidential Decree No. 16203, Mar. 26, 1999>
 Article 47 (Alternative Plans for Areas Attracting Enterprises)
(1) Matters to be included in an alternative plan for the feasibility of areas subject to the designation of areas attracting enterprises referred to in Article 44 (1) of the Act and methods, etc. of development thereof shall be as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Analysis of propriety of locations;
2. Determination of a proper type of an industrial complex;
3. A project proprietor and methods for development;
4. Relevancy to other plans;
5. Effects on the balanced development between regions.
(2) If deemed particularly necessary to review a proposal for the designation of areas attracting enterprises referred to in Article 44 (1) of the Act, the Minister of Land, Infrastructure and Transport may conduct a basic investigation referred to in Article 4 (1) of the Act. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 47-2 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>
 Article 47-3 (Assistance with Financing)
The State or local governments may lend costs, etc. to purchase sites for an industrial complex to be developed for the purpose of lease under Article 46 of the Act. In such cases, matters necessary for the detailed standard, method, etc. of financing shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 47-4 (Special Cases concerning Supply of Housing to Employees, etc. of Resident Enterprises)
(1) A person who constructs and supplies private housing in a support complex pursuant to Article 46-2 (1) of the Act may specially supply housing within the scope of 50 percent (30 percent in cases of an industrial complex located in an overpopulation control area under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act) of the volume constructed to employees, etc. of enterprises, educational institutions, or research institutes that are to take occupancy, under paragraph (3) of the same Article. <Amended by Presidential Decree No. 25453, Jul. 14, 2014>
(2) Eligibility to reside in housing provided by special supply pursuant to paragraph (1) and method of selecting persons to reside in such houses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Wholly Amended by Presidential Decree No. 25091, Jan. 14, 2014]
 Article 47-5 (Standard for Recommendation of Schools under Application of Special Examples)
Where a high school established within an industrial complex meets the standards in the following subparagraphs, the head of a Si/Gun may, pursuant to Article 46-4 (2) of the Act, request the Superintendent of the relevant Office of Education to designate such school as a school to which special cases under Article 61 of the Elementary and Secondary Education Act apply or as a school operating an education course to which special cases under Article 61 of the Elementary and Secondary Education Act apply:
1. Where it is necessary to improve educational environment of high schools in the industrial complex, and the project operator and industrial complex managing agency request;
2. Where at least two high schools exist within the industrial complex and it is necessary to improve educational environment.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 47-6 (Designation of Industrial Complexes for Lease Only)
(1) Where the Minister of Land, Infrastructure and Transport or the head of a local government intends to designate and operate an industrial complex for lease only pursuant to Article 46-6 (1) of the Act, he/she shall formulate a designation plan including the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Location and extent of the designation of the industrial complex for lease only;
2. Purposes of creating the industrial complex for lease only;
3. Project operator and managing agency;
4. Data on demand for occupancy;
5. Costs and anticipated effects following the designation of the industrial complex for lease only;
6. Financing plan;
7. Other matters determined by the Minister of Land, Infrastructure and Transport.
(2) When the Minister of Land, Infrastructure and Transport or the head of a local government has designated an industrial complex for lease only under Article 46-6 (1) of the Act, he/she shall provide public notice of the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
1. Name and location of the industrial complex for lease only;
2. Project operator;
3. Details for each parcel of land.
(3) The State or local governments may subsidize expenses incurred in creating an industrial complex for lease only.
(4) Detailed matters necessary for procedures for designation, assistance method, etc. of an industrial complex for lease only shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 47-7 (Operation and Management of Industrial Complexes for Lease Only)
(1) The period for lease of land or facilities in an industrial complex for lease only prescribed in Article 46-6 (1) of the Act shall be 50 years or less, and where the lessee intends to extend the contract within the extent of 50 years after the period for lease expires, the lessor shall accept it except in extenuating circumstances.
(2) No resident enterprise shall use land for a purpose, other than that stipulated in a lease contract, and for the following activities, it shall obtain a written approval from the lease managing agency of the relevant industrial complex for lease only:
1. All kinds of changes to the right, such as sublease or transfer, of leased land and facilities;
2. Changes to the form and nature of the leased land;
3. All kinds of disposals, such as sale, lease, or exchange of objects on the ground of the leased land, such as buildings on the leased land.
(3) Detailed matters necessary for operating and managing industrial complexes for lease only, other than those prescribed in this Decree, shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
 Article 48 (Public Notice following Supervisory Dispositions, etc.)
Matters to be publicly notified pursuant to Article 48 (3) of the Act are as follows: <Amended by Presidential Decree No. 14002, Nov. 6, 1993>
1. Name of a project;
2. Name (in cases of a corporation, its title and the name of its representative) and address of a project operator;
3. Location and size of a project area;
4. Contents of and grounds for supervisory dispositions.
 Article 49 (Delegation of Authority)
(1) The Minister of Land, Infrastructure and Transport shall delegate the following authority (excluding the authority for port construction projects, among projects under subparagraph 9 (f) of Article 2 of the Act) regarding national industrial complexes referred to in attached Table 3 to Mayors/Do Governors, pursuant to Article 49 of the Act: <Amended by Presidential Decree No. 15598, Dec. 31, 1997; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 22103, Mar. 26, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25091, Jan. 14, 2014; Presidential Decree No. 28135, Jun. 20, 2017>
1. Alteration of a development plan (excluding where a plan for land use is established for an area where no plan for land use in a development plan is established and its area is altered) referred to in Article 6 (5) of the Act;
2. Public notice of designation, etc. of industrial complexes referred to in Article 7-4 of the Act;
3. Designation of a project operator referred to in Article 16 of the Act;
4. Approval for an execution plan referred to in Article 17 (1) of the Act;
5. Public notice of approval for an execution plan and sending of copies of the relevant documents referred to in Article 19-2 (1) of the Act;
6. Deleted; <by Presidential Decree No. 16203, Mar. 26, 1999>
7. Consultations, etc. on approval for an execution plan referred to in Article 21 (2) of the Act;
8. Hearing of opinions on the reversion or transfer of public facilities referred to in Article 26 (3) of the Act;
9. Consultations on the disuse or transfer of national and public assets referred to in Article 27 (2) of the Act;
10. Authorization for completion of work, inspection on completion of work, and requests for the inspection on completion of industrial complex development projects referred to in Article 37 (1) and (2) of the Act;
11. Public announcement and notification of authorization for completion of industrial complex development projects referred to in Article 37 (5) of the Act;
12. Approval for use prior to authorization for completion of created sites or installed facilities suitable for national industrial complex development projects under Article 37 (8) of the Act;
13. Issuance of orders to a project operator for reporting or submission of materials as well as inspections under Article 47 (1) of the Act;
14. Supervisory dispositions and hearings for a project operator and public notice thereof under Article 48 of the Act.
(2) The Minister of Land, Infrastructure and Transport shall delegate his/her authority on the designation of a project operator, except in any of the following cases, with respect to national industrial complexes, other than those referred to in attached Table 3, and his/her authority under paragraph (1) 4, 5, and 7 through 14 on national industrial complex development projects implemented by a designated project operator, to Mayors/Do Governors, pursuant to Article 49 of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25858, Dec. 16, 2014; Presidential Decree No. 28135, Jun. 20, 2017>
1. Where a port construction project among projects falling under subparagraph 9 (f) of Article 2 of the Act is executed;
2. Where the Minister of Land, Infrastructure and Transport designates a project operator at the time of formulating an industrial complex development plan referred to in Article 6 of the Act;
3. Where a person who wishes to implement a project falls under Article 16 (1) 1 and 2 of the Act.
(3) With respect to a national industrial complex under Article 49 of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority for port construction projects under paragraph (2) 1 as classified below: <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 22103, Mar. 26, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 28135, Jun. 20, 2017>
1. A national industrial complex within a State-managed port under Article 3 (2) 1 of the Harbor Act: In accordance with the following classifications:
(a) A national industrial complex under attached Table 3: To delegate the authority under paragraph (1) 1 through 5 and 7 through 14 to the directors of regional oceans and fisheries administrations of the Ministry of Oceans and Fisheries;
(b) A national industrial complex, other than those under attached Table 3: To delegate the authority under paragraph (1) 4, 5, and 7 through 14 to the directors of regional oceans and fisheries administrations of the Ministry of Oceans and Fisheries;
2. A national industrial complex outside a State-managed port under Article 3 (2) 1 of the Harbor Act: To delegate the authority under paragraph (1) 1 through 5 and 7 through 14 to Mayors/Do Governors.
(4) The Minister of Land, Infrastructure and Transport shall delegate his/her authority under paragraph (1) 4, 5, and 7 through 14 with respect to national industrial complex development projects (including special area development projects under Article 39 of the Act, but excluding port construction projects under subparagraph 1 of the same paragraph) executed by a project operator under paragraph (2) 2 or 3 for national industrial complexes (including areas where a special area development project is executed under Article 39 of the Act), other than those referred to in attached Table 3, to the Commissioner of a Regional Construction Management Office, pursuant to Article 49 of the Act. <Newly Inserted by Presidential No. 21561, Jun. 25, 2009; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28135, Jun. 20, 2017>
(5) Pursuant to Article 49 of the Act, the Minister of Land, Infrastructure and Transport shall delegate the Administrator of the National Agency for Administrative City Construction with the following authority concerning an urban high-tech industrial complex (limited to an urban high-tech industrial complex designated by the Minister of Land, Infrastructure and Transport) designated in a prearranged area defined in subparagraph 2 of Article 2 of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital: <Newly Inserted by Presidential Decree No. 27577, Nov. 8, 2016>
1. Authority under paragraph (1) 5, 7 through 11, 13, and 14;
2. Approval of an implementation plan for developing an urban high-tech industrial complex under Article 18-2 (1) of the Act;
3. Prior approval for use of facilities under Article 37 (8) of the Act.
[This Article Wholly Amended by Presidential Decree No. 15098, Jun. 29, 1996]
 Article 49-2 (Re-Examination of Regulation)
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from January 1, 2017 (referring to a date before January 1 of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 28135, Jun. 20, 2017>
1. Industrial complex development plans, etc. under Article 7;
2. Restrictions on designation of industrial complexes under Article 10-2;
3. Requirements for cancellation of designation of industrial complexes under Article 15 (1) and (2);
4. Activities subject to the application of special cases concerning the development activities in completed industrial complexes under Article 15-4;
5. Project operators under Article 19;
6. Advance payment under Article 30;
7. Range of the appropriate margin of an industrial complex development project under Article 40 (2);
8. Range of the appropriate margin of a building construction project under Article 40-3 (2);
9. Mandatory lease rate where a knowledge industry center under Article 41 (6) is constructed;
10. Re-investment of development gains under Article 44-13.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
 Article 50 (Imposition and Collection of Penalty Surcharges)
(1) Where a designating authority of industrial complexes imposes a penalty surcharge pursuant to Article 53 of the Act, he/she shall provide a person to be imposed a penalty surcharge with a written notification specifying standards for imposing a penalty surcharge for a violation and the amount of a penalty surcharge.
(2) A person to be imposed a penalty surcharge notified pursuant to paragraph (1) shall pay the amount at a receiving institution designated by a designating authority of industrial complexes within 30 days from the date he/she receives notification: Provided, That where he/she is unable to make payment during such period due to natural disaster or other unavoidable reasons, he/she shall pay the amount within seven days from the date such reasons cease to exist.
(3) A receiving institution in receipt of a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the relevant payer.
(4) Where a receiving institution receives a penalty surcharge pursuant to paragraph (3), it shall notify, without delay, a designating authority of industrial complexes of such fact.
(5) Matters necessary for imposing and collecting penalty surcharges in addition to those prescribed in paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 24190, Nov. 20, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 14, 1991.
Article 2 (Repealed Statutes)
The Enforcement Decree of the Act on Development and Promotion of Industrial Sites and the Enforcement Decree of the Local Industrial Development Act shall be repealed, respectively.
Article 3 (Transitional Measures concerning Approval for Execution Plan)
If a person intends to expropriate land in an area where an industrial complex development project is executed, among industrial development encouragement districts under the previous Local Industrial Development Act, areas attracting enterprises under the former Industrial Layout Act, and agricultural and industrial districts under the previous Act on Promotion of Income Source Development for Agricultural and Fishing Villages, he/she shall obtain approval for the execution plan for the industrial complex development project under the procedures prescribed by the Act and this Decree.
Article 4 (Transitional Measures concerning Cancellation of Designation of Industrial Complexes)
If a period referred to in Article 13 (1) of the Act and Article 15 (1) of this Decree applies to industrial complexes, etc. comprised of national industrial complexes, regional industrial complexes, agricultural and industrial complexes, and specialized districts under Article 3 (1) and (2) of the Addenda of the Act, the period shall be calculated from the enforcement date of this Decree.
Article 5 (Transitional Measures concerning Delegation of Powers)
With respect to projects for which the Mayor/Do Governor has designated a project operator and approved the execution plan under Article 31-2 of the previous Enforcement Decree of the Act on Development and Promotion of Industrial Sites, notwithstanding Article 49 of this Decree, the Mayor/Do Governor shall take necessary actions such as direction, supervision or approval of the completion of work.
Article 6 (Relation with Other Statutes)
Where other statutes cite the previous Enforcement Decree of the Act on Development and Promotion of Industrial Site and the previous Enforcement Decree of the Local Industrial Development Act or the provisions thereof at the time when this Decree enters into force, if this Decree contains any provisions corresponding to them, this Decree or the corresponding provisions of this Decree shall be deemed to be cited.
ADDENDA <Presidential Decree No. 13563, Dec. 31, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 13889, May 26, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 1993.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 14002, Nov. 6, 1993>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Size of Industrial Complexes) With respect to the designation requested at the time when this Decree enters into force, the previous provisions shall be applied notwithstanding the amended provisions of Article 13 (6).
(3) (Transitional Measurers on Sale Price) Any sale price for industrial sites and their facilities which had already been sold or publicly announced for sale under the previous provisions before this Decree entered into force shall be governed by the previous provisions notwithstanding the amended provisions of Article 40.
ADDENDA <Presidential Decree No. 14429, Dec. 16, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period for Calculation of Capital Costs)
In applying the amended provisions of Article 40 (5) 5 in respect of the calculation of capital costs for the calculation of the development costs, the project period for the industrial complex for which the approval of the execution plan had been obtained under Articles 17 through 19 of the Act before this Decree entered into force shall be deemed as the project period specified in the initial execution plan.
Article 3 (Applicability to Cancellation of Sale Price)
In applying the amended provisions of Article 40 (9), with respect to the lands and facilities which had already been sold before this Decree entered into force, the amount of the advance sale price at the time when this Decree enters into force shall be regarded as the amount of the advance payment.
Article 4 (Transitional Measures on Requirements for Advance Sale)
If the approval of the execution plan for the industrial complex development project has been obtained under Articles 17 through 19 at the time when this Decree enters into force, the previous provisions shall be applied, notwithstanding the amended provisions of Article 30.
Article 5 (Transitional Measures on Sale Prices)
(1) With respect to any sale prices for factory sites for which the permission for use has been obtained before the approval of completion of work under Article 37 or such price for factory sites whose boundary has been finally set after completion of the development of sites from among the sites which had already been sold, the previous provisions shall be applied notwithstanding the amended provisions of Article 40 (1).
(2) With respect to any sale price for sites for physical distribution such as freight terminal sites, and collection and delivery complexes already sold before this Decree entered into force, the previous provisions shall be applied, notwithstanding the amended provisions of Article 40 (4).
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14915, Feb. 15, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15098, Jun. 29, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 1996.
Article 2 Omitted.
Article 3 (Relation with Other Statutes)
Where other statutes cite the previous provisions at the time when this Decree enters into force, if this Decree contains the provisions corresponding to them, this Decree or the corresponding provisions of this Decree shall be deemed to be cited.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 15239, Dec. 31, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15818, Jun. 24, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Consultation of Designation of Industrial Complexes) An amendment to Article 8-2 shall apply to a request for consultations first made after the entry into force of this Decree.
(3) (Applicability to Payment of Penalty) An amendment to Article 40 (11) shall apply to industrial complexes for which a sale contract is concluded (excluding where sale contracts are already altered or cancelled) and where the creation work for industrial complexes is not completed at the time of entry into force of this Decree.
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16203, Mar. 26, 1999>
This Decree shall enter into force on May 6, 1999.
ADDENDA <Presidential Decree No. 16515, Aug. 6, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 9, 1999.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16891, Jul. 1, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 17288, Jun. 30, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2001.
Article 2 (Applicability to Restriction on Designation of Industrial Complexes)
The amended provisions of Article 10-2 shall be applicable from the portion first falling under any of the following subparagraphs by industrial complex after the enforcement of this Decree:
1. National industrial complexes: That requesting a consultation to the head of related central administrative agency in order to designate the industrial complexes under Article 6 (3) of the Act;
2. General local industrial complexes: That requesting a consultation to the head of related administrative agency in order to designate the industrial complexes under Article 7 (2) of the Act;
3. Agricultural and industrial complexes: That requesting an approval of the Mayor/Do governor in order to designate the agricultural and industrial complexes under Article 8 (2) of the Act.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 17809, Dec. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17886, Jan. 14, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Subsidies of Expenses) The amended provisions of Article 26 (2) 2 shall apply only to the industrial complexes designated before December 31, 2001.
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18755, Mar. 25, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Methods for Supply, etc. of Exploited Lands and Facilities, etc.) The amended provisions of Article 42-2 shall start to apply to the exploited lands and facilities, etc. for which major contents thereof such as price criteria, requirement for eligibility, and method of selecting eligible persons as determined in the sale plan or rental business plan are publicly announced in the daily newspapers for the first time after the enforcement of this Decree.
ADDENDA <Presidential Decree No. 19451, Apr. 20, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso of Article 31 (3) shall enter into force 6 months after the date of its promulgation.
(2) (Applicability to Facilities Charges) The amended provisions of Article 31 (3) shall apply to the portion of applying for an approval for implementation plans on or after the enforcement of this Decree, and the amended provisions of paragraph (6) of the same Article shall apply to the portion of levying the facilities charges on or after the enforcement of this Decree.
ADDENDA <Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19503, Jun. 7, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2006. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20317, Oct. 4, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 7, 2007.
Article 2 (Applicability to Obligatory Securing of Sites for Industrial Facilities)
The amended provisions of Article 7 (3) shall begin to apply from any development plan formulated or modified for the first time after this Decree enters into force.
Article 3 (Applicability to Right of Designating General Industrial Complexes and Urban High-Tech Industrial Complexes of Designated Head of Si)
(1) The amended provisions of Article 8 (1) and (2) shall begin to apply from any general industrial complex and urban high-tech industrial complex designated for the first time after this Decree enters into force.
(2) Notwithstanding paragraph (1), in cases of falling under any of the following subparagraphs at the time when this Decree enters into force, the former provisions shall apply:
1. Where the head of related administrative agency or a person under Article 13 requests the Mayor/Do governor for the designation of general industrial complex or urban high-tech industrial complex;
2. Where the Mayor/Do governor requests the head of Si/Gun for opinion as provided in Article 7 (2) of the Act;
3. Where the head of Si/Gun applies for the designation of urban high-tech industrial complex to the Mayor/Do governor.
Article 4 (Applicability to Qualifications of Project Operators)
The amended provisions of item (b) of Article 19 (2) and Article 19 (3) shall begin to apply from cases of designating project operators for the first time after this Decree enters into force.
Article 5 (Applicability to Extent of Public Facilities)
The amended provisions of Article 24-4 shall begin to apply from cases of having the execution plan approved, or of having the modification thereof approved for the first time after this Decree enters into force.
Article 6 (Applicability to Agreement, etc. of Repeal of Use)
The amended provision of the latter part of Article 25 (4) shall begin to apply from the sales contract entered into for the first time after this Decree enters into force.
Article 7 (Applicability to Installation Charges)
The amended provision of the proviso to Article 31 (3) shall begin to apply from the portion that was or is applied for approval of execution plan for the first time after October 21, 2006.
Article 8 (Applicability to Determination, etc. of Sale Price)
The amended provisions of Article 40 (2), (3), (6) and (7), and the attached Table 1 shall begin to apply from the portion for which a sale plan is prepared for the first time after this Decree enters into force.
Article 9 (Applicability to Delegation of Authority of Modifying Development Plans)
(1) The amended provisions of the attached Table 2 shall begin to apply from the portion for which a development plan is modified for the first time after this Decree enters into force.
(2) Notwithstanding paragraph (1), where the head of related administrative agency or a person under Article 13 has requested the Minister of Construction and Transportation for the modification of development plan or the Minister of Construction and Transportation has requested the Mayor/Do governor for opinion on the modification of development plan as provided in Article 16 (3) of the Act, the former provisions shall apply.
Article 10 (Transitional Measures for Right of Head of Si/Gun to Designate Urban High-Tech Industrial Complexes)
Where the head of Si/Gun has applied for the designation of urban high-tech industrial complex to the Mayor/Do governor at the time when this Decree enters into force, the former provisions shall apply notwithstanding the amended provision of Article 8-3 (1).
ADDENDA <Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21041, Sep. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Applicability to Matters to Be Included in Industrial Complex Development Plan)
The amended provisions of Article 7 (2) 3 shall begin to apply from the first formulation of an industrial complex development plan after this Decree enters into force.
Article 3 (Applicability to Attached Documents When Requesting Authorization of Completion of Work)
The amended provisions of Article 36 (2) 4 shall begin to apply from the first request for authorization for the completion of work after this Decree enters into force.
Article 4 (Applicability to Use of Earnings Accruing from Sale of Sites Other Than Sites for Industrial Facilities)
The amended provisions of Article 40 (7) and (8) shall begin to apply from the first industrial complex designated after this Decree enters into force.
Article 5 (Applicability to Methods for Supply and Procedures for Disposal of Developed Land and Facilities)
The amended provisions of Article 42-3 (3) through (5) shall begin to apply from the first preparation of a written plan for sale in lots after this Decree enters into force.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree Shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21561, Jun. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2009: Provided, That the amended provisions of the proviso to Article 10-3 (1) 1 shall enter into force on January 1, 2011.
Article 2 (Applicability)
The amended provisions of Article 40 (3) and Article 42 (3) 3 shall apply to the first sale plan prepared after this Decree enters into force.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009. (Proviso Omitted)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted)
Articles 2 and 3 Omitted.
Article 4 (Applicability, etc. under Revision of Enforcement Decree of Industrial Sites and Development Act)
(1) The amended provisions of Article 40 (2) of the Enforcement Decree of Industrial Sites and Development Act shall apply to a sale plan prepared for the first time after this Decree enters into force.
(2) Matters delegated to municipal ordinances under the amended provisions of Article 40 (2) of the Enforcement Decree of Industrial Sites and Development Act shall conform to the former provisions until the relevant municipal ordinance is enacted or revised.
Articles 5 through 9 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21817, Nov. 10, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 6-2 shall begin to apply from the first industrial location supply plan to be formulated or changed after this Decree enters into force.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22103, Mar. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2010.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22273, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 13, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22894, Apr. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Sale of Site for Support Facilities in Lots by Project Operator Who Have Actual Demand)
The amended provisions of Articles 19 (2) 1 (b) and 40 (7) shall apply, beginning with the first site for support facilities for which a development plan is formulated after this Decree enters into force.
Article 3 (Applicability to Determinations on Different Selling Prices of Sites for Industrial Facilities in Lots)
The amended provisions of Article 40 (1) shall apply, beginning with the first site for industrial facilities for which a plan for sale in lots is formulated after this Decree enters into force.
Article 4 (Transitional Measures concerning Computation of Development Costs of Industrial Complex)
Notwithstanding the amended provisions of Article 40 (9) and attached Table 1, the former provisions shall apply to industrial complexes designated before this Decree enters into force.
Article 5 (Transitional Measures concerning Settlement of Accounts of Site for Industrial Facilities)
Notwithstanding the amended provisions of Article 40 (11), the former provisions shall apply to industrial complexes designated before this Decree enters into force.
Article 6 (Transitional Measures concerning Payment of Interests on Advance Payments)
Notwithstanding the amended provisions of Article 40 (13), the former provisions shall apply to industrial complexes designated before this Decree enters into force.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 20 (6) through (8), 24 (1) and (2), and 36 (5) shall enter into force on December 5, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23914, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Subsidization for Quasi-Industrial Complexes)
The amended provisions of subparagraph 1 of Article 10-4 shall also apply to quasi-industrial complexes designated before this Decree enters into force.
Article 3 (Applicability to Support for Inducement Districts for Factory Locations)
The amended provisions of Article 45-3 (2) 1 shall also apply to inducement districts for factory locations designated before this Decree enters into force.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24154, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Mandatory Securing of Sites for Industrial Facilities)
The amended provisions of Article 7 (3) 2 shall apply, beginning with the industrial complex development plan to be formulated or modified after this Decree enters into force.
Article 3 (Applicability to Re-Investment of Development Gains)
The amended provision of the main body of Article 44-10 shall apply, beginning with a renovation project to be executed upon obtaining approval for a renovation plan pursuant to Article 39-9 after this Decree enters into force.
ADDENDA <Presidential Decree No. 24190, Nov. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Sites for Industrial Facilities)
The amended provisions of Article 1-2 shall apply to the designation of an industrial complex or the alteration of an industrial complex development plan after this Decree enters into force: Provided, That Article 40 (1) shall not apply to an already purchased site.
Article 3 (Applicability to Subsidy of Expenses for Quasi-Industrial Complexes)
The amended provisions of subparagraph 1 (a) of Article 10-4, and Articles 26 (4) and 27 (3) shall apply to subsidization of expenses or support with facilities granted by the State after this Decree enters into force.
Article 4 (Applicability to Support for Inducement Districts for Factory Location)
The amended provisions of Articles 26 (4), 27 (3), and 45-3 (2) 1 (a) shall apply to subsidization of expenses or support with facilities granted by the State after this Decree enters into force.
Article 5 (Applicability to Determination, etc. of Sale Prices)
The amended provisions of Article 40 (6) 2 shall apply to the conclusion of a sale contract after this Decree enters into force.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24484, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25091, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 40-3 and 47-4 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Alteration of Types of Main Industries to be Invited to Industrial Complexes)
Where deliberation by the Deliberation Committee is underway pursuant to Article 6 (4) of the Act as at the time this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 7.
Article 3 (Transitional Measures concerning Profit Ratios Related to Sale Profits from Building Construction)
With regard to the profit ratio for the calculation of appropriate margins related to gains from sale generated from building construction, the former provisions shall apply until municipal ordinances of relevant Cities/Dos are enacted or altered pursuant to the amended provisions of Article 40-3.
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25348, May 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (1) shall enter into force on July 15, 2014.
Article 2 (Applicability to Burdens, etc. of Project Operators to Install Public Facilities)
The amended provisions of Articles 29 (1) 6 and 31 (1) 5 shall apply to the formulation or alteration of an implementation plan for a project in an area, other than an industrial complex, after this Decree enters into force.
ADDENDA <Presidential Decree No. 25453, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Article 2 (Applicability to Deliberation on Cancellation of Designation of Industrial Complexes)
The amended provisions of subparagraphs 3 through 5 of Article 2-2 shall apply even to where consultation with the head of the relevant administrative agency on the cancellation of designation of an industrial complex is under progress at the time this Decree enters into force.
Article 3 (Applicability to Collection of Opinions of Residents, etc. at Time of Cancelling Designation of Industrial Complexes)
The amended provisions of Article 15 (3) shall apply to consultations with the head of the relevant administrative agency regarding the cancellation of designation of an industrial complex after this Decree enters into force.
Article 4 (Applicability to Determination of Sale Prices When a Public Enterprise Is a Project Operator)
The amended provisions of Article 40 (2) shall apply to public announcement of price standards, etc. determined in the sale plan under Article 42-3 (1) after this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation: Provided, That the Presidential Decrees amended under Article 5 of Addenda which have been promulgated before this Decree enters into force but the date of enforcement of which has yet to arrive shall enter into force on the respective dates of enforcement of the relevant Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 25858, Dec. 16, 2014>
This Decree shall enter into force on the date of promulgation: Provided, That the amended provisions of Articles 4 (subparagraph 5), 7 (paragraph (2) 3), 9 (paragraph (1) 5 and 5-2), 15-3 (subparagraph 2) and 42-3 (paragraph (4) 1 and 3) shall enter into force three months after promulgation.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26316, Jun. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26978, Feb. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 44-5 (4), 44-6, 44-10, 44-11, 44-17, and 44-18 shall enter into force on February 12, 2016, and the amended provisions of Articles 7, 19, and 42-2 on March 2, 2016.
Article 2 (Transitional Measures concerning Requirements for Project Operators Who Intend to Receive Advance Payments)
Notwithstanding the amended provisions of Article 30 (1) 2 (c) (i), where a written guarantee, etc. in which the amount, period, etc. of guarantee or insurance cover are stated is submitted to an authority approving implementation plans before this Decree enters into force shall be governed by the former provisions.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 27063, Mar. 29, 2016>
This Decree shall enter into force on March 30, 2016.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27577, Nov. 8, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 28135, Jun. 20, 2017>
This Decree shall enter into force on June 21, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of Presidential Decrees which are promulgated before this Decree enters into force but of which enforcement dates have yet to arrive among Presidential Decrees to be amended pursuant to Article 8 of Addenda shall enter into force on the respective dates the relevant Presidential Decrees enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.