INTELLIGENT ROBOTS DEVELOPMENT AND DISTRIBUTION PROMOTION ACT
Act No. 9014, Mar. 28, 2008
Amended by Act No. 9161, Dec. 19, 2008
Act No. 9763, jun. 9, 2009
Act No. 10221, Mar. 31, 2010
Act No. 10228, Apr. 5, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10955, Jul. 25, 2011
Act No. 11236, Jan. 26, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12241, Jan. 14, 2014
Act No. 13744, Jan. 6, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to enhancing the quality of life of citizens and the national economy by establishing and promoting a policy on the sustainable development of the intelligent robot industry to facilitate the development and distribution of intelligent robots and lay down the foundation therefor.
The terms used in this Act shall be defined as follows:
| 1. | The term "intelligent robot" means a mechanical device that perceives the external environment for itself, discerns circumstances, and moves voluntarily; |
| 2. | The term "charter on intelligent robot ethics" means a code of conduct established for persons involved in the development, manufacture, and use of intelligent robots in order to prevent various kinds of harmful or adverse effects, such as destruction of social order, that may arise from the development of functions and intelligence of intelligent robots, and to ensure intelligent robots contribute to enhancing the quality of life of human beings; |
| 3. | The term "intelligent robot investment company" means a company incorporated for the purposes of operating its assets and distributing earnings therefrom to its shareholders in accordance with Article 28; |
| 4. | The term "robotland" means an area designated and developed pursuant to Article 30, in which facilities for the utilization of various kinds of intelligent robots and other auxiliary facilities are installed for the development and distribution of intelligent robots. |
| Article 3 (Responsibilities of State and Local Governments) |
The State and each local government shall secure the budget necessary for facilitating the development and distribution of intelligent robots, and establish and implement comprehensive and effective policies therefor.
| Article 4 (Relations to other Acts) |
Except where otherwise provided expressly by other Acts, the development and distribution of intelligent robots shall be governed by this Act.
CHAPTER II BASIC PLAN FOR DEVELOPMENT OF INTELLIGENT ROBOTS
| Article 5 (Establishment of Basic Plans, etc.) |
| (1) | The Government shall establish a basic plan every five years (hereinafter referred to as "basic plan") in order to achieve the purposes of this Act for the development and distribution of intelligent robots in an efficient manner. |
| (2) | Each basic plan shall include the following matters: |
| 1. | The basic direction of the development and distribution of intelligent robots; |
| 2. | Medium- and long-term goals of the development and distribution of intelligent robots; |
| 3. | Matters concerning the development of intelligent robots, the promotion of science related thereto, and the establishment of the foundation therefor; |
| 4. | Matters concerning the construction of infrastructure facilities necessary for the development and distribution of intelligent robots; |
| 5. | Matters concerning the practice of the charter on intelligent robot ethics; |
| 6. | Matters concerning the direction of projects of central administrative agencies for intelligent robots; |
| 7. | Other matters necessary for the development and distribution of intelligent robots. |
| (3) | The head of a relevant central administrative agency shall annually establish and implement an implementation plan to develop and distribute intelligent robots and to establish the foundation therefor (hereinafter referred to as "implementation plan") within the scope of the affairs under his/her jurisdiction in conformity with the basic plan. |
| (4) | Matters necessary for the establishment and implementation of, and revision to, basic plans and implementation plans shall be prescribed by Presidential Decree. |
| Article 5-2 (Policy Council for Robot Industry) |
| (1) | In order to consult on the matters necessary for policies on development and distribution of intelligent robots with the relevant central administrative agencies, etc., a policy council for robot industry (hereafter referred to as the "policy council" in this Act) shall be established in the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Organization and operation of the policy council and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10955, Jul. 25, 2011]
| Article 6 (Financial Support, etc.) |
| (1) | The Government shall endeavor to secure funds necessary for promoting basic plans and implementation plans effectively. |
| (2) | Any institution specified by Presidential Decree from among the following institutions related to the intelligent robot industry may provide contributions or loans or provide any other administrative support, as necessary, to a person who undertakes any project to develop and distribute intelligent robots or carries out any business affair related thereto: |
| 2. | Any other institution part of whose capital has been contributed by the Government. |
| Article 7 (Industrial Statistics and Fact-Finding Surveys) |
| (1) | The Government shall establish a system for the classification of the intelligent robot industry and secure industrial statistics in accordance with the classification system for the efficient development, distribution, and diffusion of technology for intelligent robots. In such cases, the Statistics Act shall apply mutatis mutandis to the preparation of such industrial statistics. |
| (2) | The Minister of Trade, Industry and Energy shall conduct comprehensive fact-finding surveys on the intelligent robot industry every year in order to effectively establish and implement policies on the intelligent robot industry and secure industrial statistics under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy may, if necessary for fact-finding surveys under paragraph (2), request any business entity, legal entity, or organization involved in intelligent robots to submit data or state his/her opinion. In such cases, the business entity, legal entity, or organization involved in intelligent robots shall, upon receiving a request to submit data or state his/her opinion, comply with such request, unless any special ground exists to the contrary. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters necessary for the scope of targets of the industrial statistics under paragraph (1) and the targets of fact-finding surveys under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 8 (Facilitation of International Cooperation) |
| (1) | The Government shall prepare a policy to facilitate international cooperation with international organizations or foreign governments, enterprises, universities, research institutes, and any other institution and organization for the development and distribution of intelligent robots. |
| (2) | The Minister of Trade, Industry and Energy may promote the following activities to facilitate international cooperation under paragraph (1): <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Surveys and research for international cooperation; |
| 2. | International exchange of human resources and information; |
| 3. | Holding exhibitions and scientific conferences; |
| 5. | Overseas marketing activities, attraction of foreign investments, and public relations activities; |
| 6. | Invitation of foreign institutions or organizations related to international conferences to the Republic of Korea; |
| 7. | Other activities deemed necessary for the facilitation of international cooperation. |
| (3) | The Minister of Trade, Industry and Energy may provide administrative support, etc. to any enterprise, university, research institute, or any other institution or organization that undertakes the business activities under paragraph (2), as necessary. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER III FACILITATION OF DISTRIBUTION OF INTELLIGENT ROBOTS
| Article 9 (Establishment of Policies to Support Intelligent Robots) |
The Minister of Trade, Industry and Energy may establish policies necessary to secure the quality of intelligent robots and facilitate the distribution and dissemination of such robots.
[This Article Wholly Amended by Act No. 13744, Jan. 6, 2016]
| Articles 10 through 16 Deleted. <by Act No. 13744, Jan. 6, 2016> |
| Article 17 (Facilitation of Distribution of Intelligent Robots to Socially Disadvantaged People) |
The Government shall prepare measures necessary for facilitating the development and distribution of intelligent robots to improve convenience in using intelligent robots so that socially disadvantaged people, such as the disabled, the elderly, and low-income earners, can enjoy opportunities for and benefits from using freely such robots.
| Article 18 (Enactment of Charter on Intelligent Robot Ethics, etc.) |
| (1) | The Government may enact and promulgate the charter on intelligent robot ethics (hereinafter referred to as the "Charter"), including the provisions prescribed by Presidential Decrees, such as ethics by which the developers, manufacturers, and users of intelligent robots shall abide. |
| (2) | The Government shall prepare measures necessary for the spread and dissemination of the Charter, as prescribed by Presidential Decree. |
| (3) | The head of a relevant central administrative agency may, if necessary for the efficient operation of the charter, request the head of another central administrative agency to furnish him/her with relevant data or to cooperate with him/her in any other necessary matter. |
| (4) | The procedure for the enactment of and amendment to the charter, the public relations activities for the charter, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 19 (Public Relations Activities for Intelligent Robots) |
The State or each local government may request organizations related to intelligent robots to conduct public relations activities necessary for expanding the distribution of intelligent robots.
CHAPTER IV INTELLIGENT ROBOT INVESTMENT COMPANIES
| Article 20 (Establishment of Intelligent Robot Investment Companies, etc.) |
| (4) | No one, other than intelligent robot investment companies under this Act, shall use the words "intelligent robot investment company" or any similar words in its name. |
| Article 21 (Business Eligible for Investment) |
The intelligent robot business in which an intelligent robot investment company may invest shall be the business specified by Presidential Decree, such as the development and distribution of finished products or parts of intelligent robots and technology therefor.
| Article 22 (Consultation about Registration of Intelligent Robot Investment Companies) |
When the Financial Services Commission intends to register any intelligent robot investment company pursuant to Article 182 of the Financial Investment Services and Capital Markets Act, it shall consult in advance with the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>
| Article 23 (Duration of Continuance) |
| (1) | The duration of continuance of each intelligent robot investment company shall be stipulated by the articles of incorporation of the relevant intelligent robot investment company within the maximum of ten years from the date of registration of the intelligent robot investment company pursuant to Article 182 of the Financial Investment Services and Capital Markets Act: Provided, That if it is necessary to extend the duration of continuance due to the continuance of the intelligent robot business or for any other reason, any intelligent robot investment company may extend the duration of continuance within the maximum of a further ten years beginning from the end of the initial duration of continuance, subject to approval of the Financial Services Commission. <Amended by Act No. 11236, Jan. 26, 2012> |
| (2) | When the Financial Services Commission intends to approve the extension of the duration of continuance pursuant to the proviso to paragraph (1), it shall consult in advance with the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 24 (Submission of Business Reports) |
Each intelligent robot investment company shall submit business reports on the property of the intelligent robot investment company to the Minister of Trade, Industry and Energy and the Financial Services Commission, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
| Article 25 (Supervision over and Inspection of Intelligent Robot Investment Companies, etc.) |
| (1) | The Minister of Trade, Industry and Energy may demand any of the following persons to submit data or a report on the business and property of an intelligent robot investment company in connection with the business of such company, while the Financial Services Commission may make such demand to any person referred to in subparagraphs 1 and 2: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | An intelligent robot investment company; |
| 2. | The asset management company, the asset custodian company, or the general administration company for an intelligent robot investment company; |
| 3. | An intelligent robot enterprise to which an intelligent robot investment company has provided financial support; |
| 4. | Any other institution specified by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | The Minister of Trade, Industry and Energy may, if necessary in connection with financial supervision, request the Financial Services Commission to conduct an inspection of the business and property of any person referred to in paragraph (1) 1 and 2 (limited to the business and property related to an intelligent robot investment company in the case of paragraph (1) 2; hereafter the same shall apply in this paragraph). In such cases, the Financial Services Commission may, if deemed necessary for financial supervision, assign its employees or the Governor of the Financial Supervisory Service under Article 29 of the Act on the Establishment, etc. of Financial Services Commission to conduct an inspection of the business and property of persons falling under any subparagraph of paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Financial Services Commission shall, upon completion of an inspection pursuant to paragraph (2), notify the Minister of Trade, Industry and Energy of the results thereof without delay. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 26 (Exceptional cases concerning Asset Management Companies) |
| (1) | Any collective investment entity established pursuant to the Financial Investment Services and Capital Markets Act (hereafter referred to as "collective investment entity" in this Article) may manage the assets of an intelligent robot investment company. <Amended by Act No. 11236, Jan. 26, 2012> |
| (2) | Notwithstanding Article 42 (4) of the Financial Investment Services and Capital Markets Act, any collective investment entity may, as prescribed by Presidential Decree, conclude an agreement with a person specified by Presidential Decree who has expertise in the intelligent robot business to seek advice on, or entrust, part of the asset management business of an intelligent robot investment company, to the extent that such agreement does not conflict with the interests of investors of the company. <Amended by Act No. 11236, Jan. 26, 2012> |
| (3) | Any collective investment entity that manages the assets of an intelligent robot investment company may receive compensation or fees depending on the performance of management, as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012> |
| Article 27 (Investment Risk Guarantee Business) |
| (1) | The Minister of Trade, Industry and Energy may, in order to protect investors, authorize any agency specified by Presidential Decree (hereafter referred to as "investment risk guarantee agency" in this Article) to conduct business of receiving money from an intelligent robot investment company in return for an undertaking to compensate the intelligent robot investment company for a certain amount of losses that such company may sustain in the course of investment in any business activity falling under any subparagraph of Article 28 (1) (hereafter referred to as "investment risk guarantee business" in this Article). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Each intelligent robot investment company shall, in order to protect investors, conclude an agreement with an investment risk guarantee agency under which such agency receives money from such company in return for an undertaking to compensate for a certain amount of losses sustained by the company, as prescribed by Presidential Decree. |
| (3) | Details of the operation method of the investment risk guarantee business shall be prescribed by Presidential Decree. |
| Article 28 (Method of Asset Management) |
| (1) | Each intelligent robot investment company shall use an amount equivalent to or more than 50/100 of its capital for any of the following purposes: Provided, That an amount equivalent to or more than 10/100 of its capital shall be used for the purposes prescribed in subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Any business specified by Presidential Decree, such as investment in the development of intelligent robots; |
| 2. | Acquisition of equities, stocks or shares of, or beneficial rights or loans to, any intelligent robot enterprise specified by Presidential Decree in connection with the intelligent robot business; |
| 3. | Acquisition of equities, stocks or shares of, or beneficial rights or loans to, any company whose only purpose of business is to invest in the intelligent robot business; |
| 4. | Investment in stocks or equities of a foreign intelligent robot enterprise, at least 50/100 of the sales of which comes from the development, production, or sales of intelligent robots, in order to participate in the management of the enterprise; |
| 5. | Any other investment approved by the Minister of Trade, Industry and Energy as necessary for the intelligent robot business. |
| (2) | Each intelligent robot investment company shall, if it has any residual assets after appropriating its capital for the purposes prescribed in any subparagraph of paragraph (1), manage the residual asset by any of the following methods: <Amended by Act No. 11236, Jan. 26, 2012> |
| 2. | Deposits in financial institutions; |
| 3. | Purchases of State or public bonds. |
| (3) | Other matters necessary for the asset management of intelligent robot investment companies shall be prescribed by Presidential Decree. |
| Article 29 (Borrowing Loans, etc.) |
| (1) | Each intelligent robot investment company may borrow loans, provide its assets as security, or offer debt guarantee in any of the following cases: Provided, That such action for any case falling under subparagraph 1 shall require approval at a general meeting of shareholders: |
| 1. | Where its fund for operating expenses is deficient; |
| 2. | Where its fund used for the purposes referred to in any subparagraph of Article 28 (1) is deficient. |
| (2) | The sum of the loans, the assets provided as security and the debt guarantee under paragraph (1) shall not exceed an amount calculated by the rate prescribed by Presidential Decree within the maximum of 30/100 of the capital of each intelligent robot investment company. |
| Article 29-2 (Tax Reduction or Exemption) |
[This Article Newly Inserted by Act No. 11236, Jan. 26, 2012]
CHAPTER V CREATION OF ROBOTLAND, ETC.
| Article 30 (Designation as Area for Creation of Robotland, etc.) |
| (1) | An area for the creation of a robotland shall be designated by the Minister of Trade, Industry and Energy at a request of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor), as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | When the Minister of Trade, Industry and Energy intends to designate an area for the creation of a robotland pursuant to paragraph (1), he/she shall consult in advance with heads of relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The cancellation of designation as an area for the creation of a robotland or an alteration to such area shall be made in compliance with the procedure for designation as an area for the creation of a robotland. In such cases, the consultation under paragraph (2) may be waived for any minor modification specified by Presidential Decree to such area. |
| (4) | The Minister of Trade, Industry and Energy shall, when he/she designates an area, cancels such designation, or alters the area pursuant to paragraph (1) or (3), publicly notify thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 31 (Approval of Implementation Plan for Creation, etc.) |
| (1) | Any of the following persons may create a robotland in an area designated pursuant to Article 30 (1): <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The competent Mayor/Do Governor; |
| 2. | A public agency specified by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | Any person who intends to create a robotland pursuant to paragraph (1) shall prepare an implementation plan for creation, including the facilities specified by Presidential Decree therein, such as exhibition halls for robots, and obtain approval from the Minister of Trade, Industry and Energy. In such cases, if any person whose implementation plan for creation has been approved (hereinafter referred to as "project implementer") intends to revise such plan, he/she shall also obtain approval from the Minister of Trade, Industry and Energy therefor, except for making any insignificant modification specified by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When the Minister of Trade, Industry and Energy intends to approve an implementation plan for creation or any amendment to such plan pursuant to paragraph (2), he/she shall consult with heads of relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When the Minister of Trade, Industry and Energy approves an implementation plan for creation pursuant to paragraph (2), he/she shall publicly notify the plan without delay. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 32 (Invalidation of Designation as Area for creation of Robotland, etc.) |
| (1) | If no application for approval of an implementation plan for creation under Article 31 (2) is filed for an area designated and publicly notified as an area for the creation of a robotland pursuant to Article 30 within two years from the date of such public notification, the designation of the area for the creation of the robotland shall become invalid on the day immediately following the second anniversary of the date of such public notification. |
| (2) | If any project implementer fails to commence a project within two years from the date of approval and public notification of the relevant implementation plan for creation under Article 31 (4), the approval for the plan shall become invalid on the day immediately following the second anniversary of the date of approval for, and public notification of, the implementation plan. |
| (3) | If no application for approval of a new implementation plan for creation of an area for the creation of a robotland, a previous implementation plan for which became invalid pursuant to paragraph (2), is filed within two years from the day on which the approval for the previous implementation plan became invalid, the designation of the area for the creation of the robotland shall become invalid on the day immediately following the second anniversary of the date on which the approval for the previous implementation plan became invalid. |
| (4) | If no application for approval of a new implementation plan for creation is filed within one year from the date the cancellation of approval of an implementation plan for creation was publicly notified pursuant to Article 33 (2), the designation as an area for the creation of the robotland shall become invalid on the day immediately following the first anniversary of the date on which the cancellation of approval of the implementation plan was publicly notified. |
| (5) | If any designation or approval becomes invalid pursuant to any provision of paragraphs (1) through (4), the Minister of Trade, Industry and Energy shall publicly notify the fact without delay. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 33 (Cancellation of Approval of Implementation Plan for Creation, etc.) |
| (1) | The Minister of Trade, Industry and Energy may, if any project implementer falls under any of the following subparagraphs, cancel approval of the relevant implementation plan for creation or order the person to take measures for improvement thereof: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | If the environment or beauty of landscape is likely to be significantly degraded by the suspension of the relevant project; |
| 2. | If the relevant project has been promoted inconsistently with the approved implementation plan for creation. |
| (2) | When the Minister of Trade, Industry and Energy cancels approval pursuant to paragraph (1), he/she shall publicly notify the fact without delay. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 34 (Subsidization of Creation Costs and Operating Expenses) |
The State or any local government may fully or partially subsidize necessary construction costs and operating expenses only for the public facilities specified by Presidential Decree in developing a robotland.
| Article 35 (Permission for Use of or Profiting from State or Public Property) |
| (1) | The State or any local government may, if deemed necessary for the creation and operation of a robotland, loan or sell any State-owned or public property to any project implementer or permit any project implementer to profit from such property under a negotiated contract, notwithstanding the State Property Act or the Public Property and Commodity Management Act. |
| Article 36 (Authorization or Permission deemed Granted) |
| (1) | When any person who intends to carry out a project to execute an implementation plan for creation (hereinafter referred to as "development project") has obtained approval of an implementation plan under Article 31 (2), the following permission, authorization, designation, approval, consultation, and reporting (hereinafter referred to as "permission, etc.") shall be deemed to have been granted, made, given, or completed. And when an implementation plan for creation is publicly notified pursuant to Article 31 (4), permission, etc. under any of the following Acts shall be deemed to have been publicly notified or announced: <Amended by Act No. 9763, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 12248, Jan. 14, 2014> |
| 11. | Deleted; <Amended by Act No. 10272, Apr. 15, 2010> |
| (2) | When the Minister of Trade, Industry and Energy intends to approve an implementation plan for creation or any amendment to such plan including any matter falling under any subparagraph of paragraph (1) pursuant to Article 31 (2), he/she shall consult in advance with the heads of relevant administrative agencies. In such cases, the heads of the relevant administrative agencies shall, upon receipt of a request for consultation, present their opinions within 30 days after receipt of such request. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When the Minister of Trade, Industry and Energy approves an implementation plan for creation pursuant to Article 31, he/she shall notify the heads of relevant administrative agencies of the details thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where permission, etc. under any other Act is deemed to have been obtained pursuant to paragraph (1), fees and registration license taxes on licenses imposed in return for such permission, etc. shall be exempted pursuant to the relevant Acts or Ordinance of the Special Metropolitan City or the competent Metropolitan City, Metropolitan Autonomous City, Do, or Special Self-Governing Province. <Amended by Act No. 10221, Mar. 31, 2010; Act No. 11236, Jan. 26, 2012> |
| Article 37 (Confirmation of Completion) |
| (1) | Each project implementer shall, upon completion of the development project, submit a completion report, without delay, to the Minister of Trade, Industry and Energy for confirmation of completion. In such cases, the Minister of Trade, Industry and Energy may, upon receiving an application for the confirmation of completion, request the head of an relevant central administrative agency, the competent Mayor/Do Governor, or the head of any other specialized institution to conduct an inspection necessary to confirm completion. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Upon receiving an application for the confirmation of completion under paragraph (1), the Minister of Trade, Industry and Energy shall, if he/she deems that such construction has been completed in compliance with the approved provisions after the confirmation of completion, as prescribed by Presidential Decree, issue a confirmation certificate of completion to the applicant and shall publicly notify it, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A project implementer shall be deemed to have obtained permission, etc. for the completion of the relevant project in accordance with the provisions concerning the constructive authorization and permission under Article 36 when he/she receives the confirmation certificate of completion issued pursuant to paragraph (2). |
| (4) | No project implementer shall use any parcel of land or facility developed or installed as part of the development project before he/she receives the confirmation certificate of completion issued pursuant to paragraph (2): Provided, That this shall not apply where he/she filed a report on the use with the Minister of Trade, Industry and Energy or obtained permission for such use prior to completion of the construction, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Any project implementer may, if necessary for the efficient implementation of the development project, apply for confirmation of completion phase by phase or on a facility-by-facility basis within the scope of the relevant implementation plan for creation. |
| Article 38 (Expropriation or Use) |
| (1) | Any project implementer may, if necessary for the implementation of a development project for any public facility under Article 34, expropriate or use any parcel of land, goods, or rights specified in the following subparagraphs: |
| 1. | Rights except ownership of parcels of land; |
| 2. | Rights except ownership of standing trees, buildings, and other goods fixed or erected on the land; |
| 3. | Rights to the use of water; |
| 4. | Soil, rocks, sand, or gravel in the land. |
| Article 39 (Collection of Entrance Fee, etc.) |
Any project implementer or any person who erected a building or installed any other facility in a robotland may collect entrance fees from visitors to the robotland and may also collect admission fees or service charges from persons who sightsee or use the robotland.
| Article 40 (Management of Robotland, etc.) |
| (1) | The Minister of Trade, Industry and Energy may request any project implementer to take measures necessary for the smooth development, management, and operation of a robotland. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any project implementer may, if necessary, entrust any person specified by Presidential Decree with the development, management, and operation of a robotland. |
CHAPTER VI KOREA INSTITUTE FOR ROBOT INDUSTRY ADVANCEMENT, ETC.
| Article 41 (Establishment of Korea Institute for Robot Industry Advancement) |
| (1) | In order to efficiently and systematically carry out projects for promoting the intelligent robot industry and supporting the development of policies on the intelligent robot industry, the Korea Institute for Robot Industry Advancement (hereinafter referred to as the "Institute") shall be established. |
| (2) | The Institute shall be a legal entity. |
| (3) | The Institute shall have executive officers and employees, as stipulated by its articles of incorporation. |
| (4) | The Institute shall undertake the following business activities in the area of the intelligent robot industry: <Amended by Act No. 10955, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13744, Jan. 6, 2016> |
| 1. | Establishment and development of policies for the promotion of the intelligent robot industry; |
| 2. | Surveys on trends of the intelligent robot industry and publication, exhibition, and public relations for the industry; |
| 3. | Preparation of statistics on the intelligent robot industry and the fact-finding surveys under Article 7; |
| 4. | Activities for the implementation and public relations of the charter on intelligent robot ethics; |
| 5. | Pilot projects for the creation of markets for intelligent robots and projects for the distribution and dissemination of robots; |
| 6. | Assistance in international cooperation and expansion into overseas markets for intelligent robots; |
| 7. | Projects for supporting the manufacture of intelligent robots; |
| 9. | Activities for research and development and distribution of standards for intelligent robots and activities for international standardization thereof; |
| 10. | Deleted; <by Act No. 13082, Jan. 28, 2015> |
| 11. | Activities for the establishment of a foundation, such as the promotion and development of the intelligent robot industry and support facilities therefor, etc.; |
| 12. | Support for the establishment and growth of intelligent robot enterprises; |
| 14. | Activities for training of experts related to the intelligent robot industry; |
| 15. | Other activities specified by the Minister of Trade, Industry and Energy as necessary to achieve the purposes of the establishment of the Institute. |
| (5) | The Institute may engage in any for-profit business in order to finance expenses incurred in pursuing its purposes under paragraph (1), as prescribed by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | The Government and local governments may contribute expenses incurred in establishing and operating the Institute within budget limits. <Amended by Act No. 10955, Jul. 25, 2011; Act No. 13744, Jan. 6, 2016> |
| (7) | Matters necessary for the provision, use, or management, etc. of contributions under Article (6) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13744, Jan. 6, 2016> |
| (8) | Except as otherwise expressly provided by this Act, the provisions governing incorporated foundations of the Civil Act shall apply mutatis mutandis to the Institute. <Amended by Act No. 13744, Jan. 6, 2016> |
| Article 42 (Designation of Research Institute Specializing in Intelligent Robots, etc.) |
| (1) | The Minister of Trade, Industry and Energy may designate a research institute specializing in intelligent robots (hereinafter referred to as the "Research Institute"), which serves as a base for developing robot technology and nurturing professional human resources, by establishing a mutual and organic cooperative system between enterprises, universities, and research institutes, subject to consultation with the heads of relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The research institute shall be a specific research institute governed by the Support of Specific Research Institutes Act: Provided, That any institute specified by Presidential Decree shall not be governed by the aforesaid Act. |
| (3) | Other matters necessary for procedures for the designation of the research institute and other relevant matters shall be prescribed by Presidential Decree. |
| Article 42-2 (Designation as Specialized Intelligent Robot Enterprises) |
In order to promote the intelligent robot industry, the Minister of Trade, Industry and Energy may designate enterprises which fulfill all the following requirements as specialized intelligent robot enterprises among those whose main business is to develop and manufacture parts or finished goods of intelligent robots and the systems related thereto, and to provide robot services, and may support such enterprises: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | An enterprise whose amount of sales from development and manufacture of parts or finished goods of intelligent robots and systems related thereto, and robot services out of the total amount of sales meets the standards prescribed by Presidential Decree; |
| (2) | Detailed matters concerning requirements and procedures for designation of specialized intelligent robot enterprises, and details of support under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11236, Jan. 26, 2012]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Articles 43 through 44 Deleted. <by Act No. 13744, Jan. 6, 2016> |
The Minister of Trade, Industry and Energy shall hold a hearing, when he/she intends to cancel approval of a implementation plan for creation under Article 33 (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12614, May 20, 2014; Act No. 13744, Jan. 6, 2016>
| Article 46 (Delegation and Entrustment) |
| (1) | The head of each central administrative agency may delegate part of his/her authority under this Act to the head of each affiliated agency under his/her control or each Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | The head of each central administrative agency may entrust the head of another administrative agency or an institution or organization specified by Presidential Decree with part of affairs under his/her control under this Act, as prescribed by Presidential Decree. |
| Article 46-2 (Re-Examination of Regulation) |
The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every three years from the base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year) and shall take measures necessary, accordingly;
| 1. | Existence period of an intelligent robot investment company under Article 23: Jan. 1, 2016; |
| 2. | Period of invalidation under Article 32: Jan. 1, 2016. |
[This Article Newly Inserted by Act No. 13744, Jan. 6, 2016]
CHAPTER VIII PENALTY PROVISIONS
| Article 47 (Penalty Provisions) |
| (1) | Any person who manages any property in violation of Article 28 (1) and (2) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Act No. 12248, Jan. 14, 2014> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Act No. 12248, Jan. 14, 2014> |
| 1. | A person who uses the term "intelligent robot investment company" in its name in violation of Article 20 (4); |
| 2. | A person who fails to submit a business report, or who prepares and submits a false report, in violation of Article 24; |
| 3. | A person who runs a robotland without confirmation of completion in violation of Article 37 (1). |
| Article 48 (Joint Penalty Provision) |
If the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits an offence under Article 47 in connection with the duties of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where such corporation or individual had not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
| Article 49 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: |
| 1. | Deleted. <by Act No. 13744, Jan. 6, 2016> |
| 2. | A person who fails to submit a document or report under Article 25 (1) or who submits a false document or report; |
| 3. | A person who refuses, interferes with, or evades an investigation or inspection conducted pursuant to Article 25 (2); |
| 4. | A person who fails to comply with a request made pursuant to Article 40 (1); |
| 5. | Deleted. <by Act No. 13744, Jan. 6, 2016> |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the head of a relevant central administrative agency, as prescribed by Presidential Decree. |
| (3) | through (5) Deleted. <by Act No. 13744, Jan. 6, 2016> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Effective Period) This Act shall be effective until June 30, 2018. |
| (3) | (Transitional Measures concerning Penalty Provisions) Any person who committed an offense under this Act during the enforcement period of this Act shall be governed by this Act even after the lapse of such period. |
ADDENDUM <Act No. 9161, Dec. 19, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10228, Apr. 5, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 10955, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11236, Jan. 26, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 30 (1) and 36 (4) shall enter into force on July 1, 2012.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12241, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation. |
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12614, May 20, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13082, Jan. 28, 2015>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force three months after the date of its promulgation. |
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13744, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Quality Certification of Intelligent Robots)
Any intelligent robot for which quality certification is obtained or application for quality certification is filed pursuant to the former provisions of Article 9 (1) at the time when this Act enters into force, shall be deemed a product for which accreditation is obtained or application for accreditation is filed pursuant to Article 15 (1) of the Industrial Standardization Act. Article 3 (Transitional Measures concerning Quality Certifying Institution of Intelligent Robots)
Any institution for which designation as a certifying institution of intelligent robots is obtained or application for designation is filed pursuant to the former provisions of Article 9 (1) at the time when this Act enters into force, shall be deemed a certifying institution for which accreditation is obtained or application for accreditation is filed pursuant to Article 13 (1) of the Industrial Standardization Act. Provided, That an institution for which designation as a certifying institution of intelligent robots is obtained pursuant to the former provisions of Article 9 (1) shall obtain designation again pursuant to Article 13 (1) of the Industrial Standardization Act within six months after this Act enters into force. Article 4 (Transitional Measures concerning Certification Mark)
Any product for which certification is obtained pursuant to the former provisions of Article 9 (1) at the time when this Act enters into force, may be marked as a product certified pursuant to the former provisions of Article 11 (1) for two years after the date when such certification is obtained. Article 5 (Transitional Measures concerning Cancellation of Quality Certification of Intelligent Robots)
The cancellation of quality certification against violations committed before this Act enters into force shall be governed by the former provisions of Article 13. Article 6 (Transitional Measures concerning Administrative Fines)
The application of administrative fines for acts conducted before this Act enters into force shall be governed by the former provisions.