ENFORCEMENT DECREE OF THE TRADE INFRASTRUCTURE DEVELOPMENT ACT
Presidential Decree No. 16920, Jul. 27, 2000
Amended by Presidential Decree No. 17175, Mar. 27, 2001
Presidential Decree No. 17227, May 24, 2001
Presidential Decree No. 17882, Jan. 7, 2003
Presidential Decree No. 18594, Dec. 3, 2004
Presidential Decree No. 18661, Dec. 31, 2004
Presidential Decree No. 19619, Jul. 21, 2006
Presidential Decree No. 19825, Jan. 5, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 20799, jun. 5, 2008
Presidential Decree No. 21009, Sep. 18, 2008
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21731, Sep. 15, 2009
Presidential Decree No. 22220, jun. 28, 2010
Presidential Decree No. 24076, Aug. 31, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 25665, Oct. 22, 2014
Presidential Decree No. 27472, Aug. 31, 2016
The purpose of this Decree is to prescribe matters delegated by the Trade Infrastructure Development Act and other matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 19825, Jan. 5, 2007>
| (1) | Deleted. <by Presidential Decree No. 21009, Sep. 18, 2008> |
| (2) | Trade infrastructure facilities under subparagraph 5 of Article 2 of the Act means, any of the following facilities: |
| 1. | Deleted; <by Presidential Decree No. 21009, Sep. 18, 2008> |
| 2. | A trade training institute: It shall be equipped with a facility for fostering trade specialists, the total area of which is at least 2,000 square meters and the number of persons to be admitted to which is at least 500. |
| Article 3 (Plans for Creation of Trade Infrastructure) |
A plan for creation of trade infrastructure under Article 3 of the Act shall include the following matters: <Amended Presidential Decree No. 21009, Sep. 18, 2008> | 1. | Basic direction-setting for the policy for creation of trade infrastructure; |
| 2. | Creation of trade infrastructure, such as expansion of electronic trade infrastructure, promotion of distribution of trade information, education and training of trade specialists, and encouragement of international cooperation; |
| 3. | Institutional improvement necessary for creation of trade infrastructure; |
| 4. | Current status, etc. of international norms related to creation of trade infrastructure; |
| 5. | Annual status of implementation of projects for creation of trade infrastructure under Article 4 of the Act (hereinafter referred to as "projects for creation of trade infrastructure"); |
| 6. | Surveys of demand for projects for creation of foreign trade infrastructure; |
| 7. | Evaluation of the results of projects for creation of trade infrastructure. |
| Article 4 (Projects for Creation of Trade Infrastructure) |
"Other projects necessary for creation of trade infrastructure prescribed by Presidential Decree" referred to in Article 4 (1) 7 of the Act means any of the following: | 1. | Consultation on and arbitration of trade disputes, and research of information on technologies and rights for preventing disputes; |
| 2. | Establishment of trade transaction infrastructure, including the foundation of a joint overseas distribution center for small and medium-sized enterprises. |
| Article 5 (Managing Agencies of Projects for Creation of Trade Infrastructure) |
"Other legal entities or organizations specified by Presidential Decree" referred to in Article 4 (2) 5 of the Act means any of the following legal entities and organizations: <Amended by Presidential Decree No. 17175, Mar. 27, 2001; Presidential Decree No. 17227, May 24, 2001; Presidential Decree No. 17882, Jan. 7, 2003; Presidential Decree No. 18594, Dec. 3, 2004; Presidential Decree No. 19619, Jul. 21, 2006; Presidential Decree No. 19825, Jan. 5, 2007; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 20799, Jun. 5, 2008; Presidential Decree No. 21009, Sep. 18, 2008; Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 24076, Aug. 31, 2012; Presidential Decree No. 24442, Mar. 23, 2013> | 5. | The Korea International Trade Association and the Korea Commercial Arbitration Board which are established after having obtained permission from the Minister of Trade, Industry and Energy pursuant to Article 32 of the Civil Act; |
| 6. | Legal entities or organizations designated by the Minister of Trade, Industry and Energy which he/she deems necessary for enhancing productivity of trade activities. |
| Article 6 (Granting of Subsidies, and so forth) |
| (1) | Where the Minister of Trade, Industry and Energy grants a subsidy to a managing agency under Article 4 (2) of the Act (hereinafter referred to as a "managing agency") in accordance with Article 4 (3) of the Act, he/she may conduct an evaluation of the relevant project for creation of trade infrastructure and grant such subsidy on the basis of the results of such evaluation. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | A subsidy under paragraph (1) shall be paid in installments in consideration of the status of implementation of the project performed by the relevant managing agency: Provided, That such subsidy may be paid in lump sum if deemed necessary in consideration of the scale, commencement timing, etc., of the project for creation of trade infrastructure. |
| Article 7 (Management of Subsidies) |
| (1) | A managing agency which has been granted a subsidy pursuant to Article 4 (3) of the Act shall manage it through a separate account therefor. |
| (2) | A subsidy under Article 4 (3) of the Act shall be only used for costs entailed by a project for trade infrastructure creation as determined by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | A managing agency shall report track records of using subsidies under paragraph (2) to the Minister of Trade, Industry and Energy once every year as determined by the said Minister. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 8 (Recovery of Subsidies) |
The Minister of Trade, Industry and Energy may recover a subsidy where a managing agency uses it for any purpose other than that provided for in Article 7 (2). <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
| Article 8-2 Deleted. <Amended by Presidential Decree No. 21009, Sep. 18, 2008> |
| Article 8-3 (Formulation, etc. of Plans for Promotion of Electronic Trade) |
| (1) | In accordance with Article 6 (1) of the Act, the Minister of Trade, Industry and Energy may request the heads of relevant central administrative agencies related to electronic trade to formulate sectoral plans for promotion of electronic trade with respect to any of the following matters: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Establishment, linkage, and management of domestic and overseas trade automation networks; |
| 2. | Accreditation and standards to promote electronic trade; |
| 3. | Education and publicity for increasing the use of electronic trade; |
| 4. | Other matters for promoting electronic trade. |
| (2) | The Minister of Trade, Industry and Energy shall formulate a comprehensive plan for facilitating electronic trade, by integrating sectoral plans for promotion of electronic trade formulated by the heads of relevant central administrative agencies pursuant to paragraph (1). <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 17882, Jan. 7, 2003]
| Article 9 (Lease and Sale of State-Owned and Public Land) |
“Person prescribed by Presidential Decree” referred to in Article 12 (1) of the Act means the Korea Trade Association established with permission from the Minister of Trade, Industry and Energy pursuant to Article 32 of the Civil Act. <Amended by Presidential Decree No. 19825, Jan. 5, 2007; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
| Article 10 (Prices of State Property) |
The sale price of any State property or public property under Article 12 of the Act shall be the arithmetic mean of the appraisal values determined by at least two appraisal corporations (referring to as appraisal corporations under Article 29 of the Act on Appraisal and Certified Appraisers. <Amended by Presidential Decree No. 19825, Jan. 5, 2007; Presidential Decree No. 21731, Sep. 15, 2009; Presidential Decree No. 27472, Aug. 31, 2016>
| Article 11 (Rents, etc. for State Property) |
| (2) | Where the very same managing agency rents one and the same property for at least two consecutive years and the annual rental fee calculated pursuant to paragraph (1) increases by at least five percent in comparison with that of the previous year, the amount calculated pursuant to Article 31 of the Decree of the State Property Act shall be the rent for that year. <Amended by Presidential Decree No. 19825, Jan. 5, 2007; Presidential Decree No. 21731, Sep. 15, 2009> |
| (3) | A rental period for any State property under Article 12 of the Act shall not exceed ten years, but may be extended if necessary. |
| Article 12 (Rents, etc. of Public Property) |
| (2) | A rental period for any public property under Article 12 of the Act shall not exceed ten years, but may be extended if necessary. |
| Article 13 Deleted. <by Presidential Decree No. 25665, Oct. 22, 2014> |
| Articles 14 through 18 Deleted. <by Presidential Decree No. 21731, Sep. 15, 2009> |
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on July 29, 2000. |
ADDENDA <Presidential Decree No. 17175, Mar. 27, 2001>
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. 17227, May 24, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 17882, Jan. 7, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
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. 18661, Dec. 31, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 19619, Jul. 21, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 19825, Jan. 5, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
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. 20799, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21009, Sep. 18, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008.
Articles 2 through 3 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. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21731, Sep. 15, 2009>
This Decree shall enter into force on September 19, 2009.
ADDENDA <Presidential Decree No. 22220, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 6, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24076, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 2, 2012. (Proviso omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
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. 25665, Oct. 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
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.