ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING SUPPORT FOR TECHNOPARKS
Presidential Decree No. 16239, Apr. 9, 1999
Amended by Presidential Decree No. 16913, Jul. 27, 2000
Presidential Decree No. 17227, May 24, 2001
Presidential Decree No. 17303, Jul. 16, 2001
Presidential Decree No. 17305, Jul. 16, 2001
Presidential Decree No. 17791, Dec. 5, 2002
Presidential Decree No. 18594, Dec. 3, 2004
Presidential Decree No. 18620, Dec. 30, 2004
Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 20150, Jul. 2, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21461, Apr. 30, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21692, Aug. 18, 2009
Presidential Decree No. 21953, Dec. 31, 2009
Presidential Decree No. 22294, Jul. 21, 2010
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24564, May 31, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25735, Nov. 19, 2014
Presidential Decree No. 26227, May 6, 2015
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 28212, Jul. 26, 2017
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 2 (Formulation of Plans to Develop Technoparks) |
| 1. | Basic direction-setting concerning development of Technoparks; |
| 2. | Matters concerning criteria for development, etc. of Technoparks; |
| 3. | Matters concerning financial support for development of Technoparks; |
| 4. | Matters concerning the integration, linked operation, etc. with projects similar to those prescribed in the items of subparagraph 1 of Article 2 among projects prescribed in the items of subparagraph 1 of Article 2 of the Act carried out at Technoparks or projects executed or supported by the State or a local government; |
| 5. | Other matters necessary to foster and support Technoparks. |
| (2) | The Minister of SMEs and Startups may, if necessary for the formulation of a plan to develop Technoparks, request the heads of relevant agencies, education and research institutions, and other relevant agencies and associations to submit relevant data. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| (3) | The Minister of SMEs and Startups shall, when formulating a plan to develop Technoparks, consult with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 3 (Designation of Project Implementer) |
| (1) | The Minister of SMEs and Startups shall designate a project implementer (hereinafter referred to as a “project implementer”) prescribed in Article 4 of the Act, from among persons who have submitted project plans that meet the following requirements: <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| 1. | The plan concerning the development and operation of Technoparks shall be specific and feasible; |
| 2. | The financing plan necessary for project implementation shall help achieve its project objectives; |
| 3. | Technoparks to be developed shall meet the criteria for development of Technoparks set forth in Article 2 (1) 2 and other standards notified by the Minister of SMEs and Startups as deemed necessary. |
| (2) | When designating a project implementer, the Minister of SMEs and Startups shall consult with the heads of the relevant central administrative agencies. <Newly Inserted by Presidential Decree No. 28212, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 3-2 (Request, etc. for Business Cooperation from Project Implementer) |
“Agencies prescribed by Presidential Decree” referred to in the former part of Article 4-2 (3) of the Act, means agencies established under the attached Table. [This Article Newly Inserted by Presidential Decree No. 25735, Nov. 19, 2014]
| Article 4 (Contents of Operating Guidelines) |
| (1) | The guidelines for operating Technoparks prescribed in Article 7 of the Act, shall include the following: <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| 1. | Standards for taking occupancy; |
| 2. | Matters concerning information exchange; |
| 3. | Matters concerning technology transfer; |
| 4. | Technopark management plans; |
| 5. | Matters concerning promoting investment in Technoparks; |
| 6. | Other matters deemed necessary by the Minister of SMEs and Startups. |
| (2) | When amending the guidelines for operation, the Minister of SMEs and Startups shall consult with the heads of the relevant central administrative agencies. <Newly Inserted by Presidential Decree No. 28212, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 4-2 (Evaluation of Business Performance) |
| (1) | The Minister of SMEs and Startups shall organize and operate a committee for the evaluation of business performance prescribed in Article 7-2 (1) of the Act. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| (2) | When evaluating business performance as prescribed in Article 7-2 (1) of the Act, the Minister of SMEs and Startups shall notify a project implementer of the evaluation index concerning institutional management, key business areas, outcomes, etc., future directions, evaluation schedules, etc. in advance. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| (3) | The Minister of SMEs and Startups may request a project implementer to submit the following data prescribed in Article 7-2 (2) of the Act: <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| 1. | A report on the business performance of the previous year, including the following matters: |
| (a) | The current status and results of major projects; |
| (b) | The current status of organizations, human resources, and financial management; |
| (c) | The results of improved management. |
| 2. | A report on a business plan for the next year. |
| (4) | The Minister of SMEs and Startups may, if necessary for the evaluation of business performance, conduct spot inspections, interview the relevant person, etc. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| (5) | Matters necessary for composition, operation, evaluation index, etc., other than matters provided for in paragraph (1) through (4), shall be determined and notified by the Minister of SMEs and Startups. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 25735, Nov. 19, 2014]
| Article 5 (Scope of Facilities for Test Production) |
“Any facility for test production prescribed by Presidential Decree” in Article 8 (1) of the Act means a prototype production facility (excluding the prototype production facility intending to commercialize and sell the outcomes of research and development). [This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 5-2 (Establishment, etc. of Urban Factory) |
| (1) | “The areas prescribed by Presidential Decree” referred to provisions of Article 8 (2) of the Act other than each subparagraph, means any of the following areas: |
| (2) | “An enterprise prescribed by Presidential Decree” referred to in provisions of Article 8 (2) of the Act other than each subparagraph means any of the following enterprises: ＜Amended by Presidential Decree No. 26227, May 6, 2015＞ |
| 3. | An enterprise that meets the following requirements: |
| (b) | At the time of submitting the application for consent pursuant to Article 5-3 (1), the period for which it has maintained its position as a middle-standing enterprise shall not exceed three consecutive years. |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 5-3 (Procedure, etc. for Application for Consent) |
| (1) | An enterprise which intends to establish an urban factory, as prescribed in Article 8 (3) of the Act, shall submit a written application for consent to the corporation as a project implementer, as prescribed by Ordinance of the Ministry of SMEs and Startups. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
| (2) | The Governor of a Metropolitan Autonomous Province and the head of a Si/Gun/Gu (meaning the head of an autonomous Gu) may, in verifying the structural safety of buildings, as prescribed in Article 8 (3) of the Act, if necessary for the specialized examination, have any of the following persons examine matters concerning the structural safety: |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 5-4 (Rate of Area of Urban Factory Established) |
“Rate prescribed by Presidential Decree” in Article 8 (4) of the Act means 1/2. <Amended by Presidential Decree No. 22294, Jul. 21, 2010> [This Article Newly Inserted by Presidential Decree No. 20150, Jul. 2, 2007]
| Article 5-5 (Management Regulations for Urban Factories) |
The corporation which is a project implementer shall formulate and notify the management regulations for urban factories, which include the following matters concerning the establishment and operation of urban factories, in accordance with Article 8 (6) of the Act: <Amended by Presidential Decree No. 22294, Jul. 21, 2010> | 1. | Type of business established; |
| 2. | Period of establishment; |
| 4. | Procedure for establishment; |
| 5. | Other matters necessary for the establishment and operation of urban factories. |
[This Article Newly Inserted by Presidential Decree No. 20150, Jul. 2, 2007]
| Article 6 (Restrictions on Installation of Facilities, etc. and Occupancy) |
| (1) | The buildings and facilities, installation of which is subject to restrictions inside Technoparks as set forth in Article 9 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 25735, Nov. 19, 2014; Presidential Decree No. 28212, Jul. 26, 2017> |
| 5. | In addition, buildings and facilities determined by Ordinance of the Ministry of SMEs and Startups as hindering efforts to carry out the projects referred to in subparagraph 1 of Article 2 of the Act. |
| (2) | Deleted. <by Presidential Decree No. 25735, Nov. 19, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 7 (Price of State-Owned Property) |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 8 (Rent, etc. of State-Owned Property) |
| (3) | The lease period of state-owned property prescribed in Article 10 of the Act shall not exceed 20 years. |
| (4) | The lease period prescribed in paragraph (3) may be renewed. In such cases, the lease period shall not exceed the period prescribed in paragraph (3), whenever the lease is renewed. |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 8-2 (Grounds for Refusing Renewal of Lease Contract) |
“Cases prescribed by Presidential Decree, such as continuous delay in payment of rent by the requester for at least three months” set forth in Article 10 (10) of the Act means the following: <Amended by Presidential Decree No. 28212, Jul. 26, 2017> | 1. | Where the rent is late for more than three consecutive months; |
| 3. | Where the State, a local government or the educational foundation of a private school, provides compensation for refusing to renew lease contract by mutual consent between parties concerned; |
| 4. | Where the Minister of SMEs and Startups deems that the property subject to lease fails to perform the function necessary for the formation and operation of Technoparks due to project suspension. |
[This Article Wholly Amended by Presidential Decree No. 25735, Nov. 19, 2014]
| Article 9 (Provision, etc. of Spare Facilities) |
| (2) | The Minister of SMEs and Startups may select a person who operates the system necessary for realizing mutual informatization of Technoparks by using spare facilities prescribed in paragraph (1). In such cases, a person who operates the system necessary for realizing the informatization shall be a software business operator prescribed in subparagraph 4 of Article 2 of the Software Industry Promotion Act. <Amended by Presidential Decree No. 28212, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 10 (Payment of Contributions) |
| (1) | When contributions are paid to a corporation which is also a project implementer, as set forth in Article 17 of the Act, it may be paid according to the results of evaluation of progress in developing and operating Technoparks. |
| (2) | The contributions prescribed in Article 17 of the Act may be paid in installments in consideration of the status, etc. of project implementation by a corporation which is a project implementer. |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 11 (Management, Use, etc. of Contributions) |
| (1) | A project implementer in receipt of a contribution prescribed in Article 17 of the Act shall establish a separate account for the contribution, and manage it. |
| (2) | The contributions made pursuant to paragraph (1) shall be used only to cover expenses incurred in the formation and operation of Technoparks. |
| (3) | A person who has contributed funds to a project implementer, as prescribed in Article 17 of the Act may, where he/she has used the contribution for purposes other than those prescribed in paragraph (2) without any good cause, fully or partially recover such contributions. |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 12 (Notification of Contribution, etc. of Research Base) |
A person who has established a research base, such as a research facility, test evaluation equipment, etc. shall, if he/she intends to donate or sell it or to allow a project implementer to use it, as set forth in Article 18 (1) and (2) of the Act, notify the head of a relevant central administrative agency or the head of a relevant local government of such fact. <Amended by Presidential Decree No. 25735, Nov. 19, 2014> [This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 13 (Scope of Priroitized Funding) |
The Minister of SMEs and Startups or the competent Minister may prioritize providing the following funds to the enterprises, universities, research centers, etc. which have taken occupancy in a Technopark and which commercialize the outcomes of research and development, as prescribed in Article 19 of the Act, or request support from the head of a relevant administrative agency: <Amended by Presidential Decree No. 28212, Jul. 26, 2017> | 4. | Other funds established by the government to promote the commercialization of the outcomes of research and development. |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 14 (Dispatch of Public Official, etc.) |
| (1) | The State or a local government may, where a person who has taken occupancy in the Technoparks makes a request, dispatch its public official for a period of less than three years, as prescribed in Article 22 (1) of the Act. |
| (2) | Where the State or a local government has made a request for the technical and managerial guidance pursuant to Article 22 (2) of the Act, the guidance institution, upon receipt of such request, may dispatch its executive officers and staff members for a period of less than three years. |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
| Article 15 (Scope of Guiding Institution) |
The guiding institutions prescribed in Article 22 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 17227, May 24, 2001; Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 18594, Dec. 3, 2004; Presidential Decree No. 20150, Jul. 2, 2007; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 27205, May 31, 2016>
| Article 15-2 (Matters subject to Resolution of the Council) |
“Important matters prescribed by Presidential Decree, such as matters related to the ratification and amendment of the articles of incorporation, and the dissolution and liquidation of the corporation,” as prescribed by Presidential Decree“ under Article 22-4 (1) of the Act, means the following matters: | 1. | Matters concerning the ratification and amendment of the articles of incorporation; |
| 2. | Matters concerning the dissolution and liquidation of the corporation; |
| 3. | Matters concerning deliberation on the project plan and budget; |
| 4. | Matters concerning the approval of project outcomes and settlement of accounts; |
| 5. | Matters concerning the amount of loans and the disposition and management of the underlying property; |
| 6. | Requests for the approval, and requests to revoke approval concerning the appointment of a chairperson; |
| 7. | Matters concerning the appointment and dismissal of executive officers (excluding a chairperson); |
| 8. | Matters concerning the transfer to basic property and the use of the proceeds; |
| 9. | Matters requiring resolutions of the committee in accordance with the articles of incorporation. |
[This Article Newly Inserted by Presidential Decree No. 25735, Nov. 19, 2014]
| Article 15-3 Deleted. <by Presidential Decree No. 21953, Dec. 31, 2009> |
| Article 16 (Entrustment of Authority) |
| 2. | Duties of evaluating progress in developing and operating Technoparks pursuant to Article 10 (1). |
[This Article Wholly Amended by Presidential Decree No. 24564, May 31, 2013]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 16913, Jul. 27, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the amended provisions of Article 34 (3) 1 shall enter into force on January 1, 2001. Articles 2 through 6 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.
ADDENDA <Presidential Decree No. 17303, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17305, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17791, Dec. 5, 2002>
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. 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. 18620, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2005.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19719, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20150, Jul. 2, 2007>
This Decree shall enter into force on July 4, 2007.
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. 21461, Apr. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 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. 21953, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22294, Jul. 21, 2010>
This Decree shall enter into force on July 28, 2010.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
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. 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.
ADDENDUM <Presidential Decree No. 24564, May 31, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25735, Nov. 19, 2014>
This Decree shall enter into force on November 21, 2014.
ADDENDUM <Presidential Decree No. 26227, May 6, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016.
Articles 2 and 3 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.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.