ACT ON SPECIAL CASES CONCERNING THE SIMPLIFICATION OF AUTHORIZATION AND PERMISSION PROCEDURES FOR INDUSTRIAL COMPLEXES
Act No. 9106, jun. 5, 2008
Amended by Act No. 10272, Apr. 15, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10892, Jul. 21, 2011
Act No. 11020, Aug. 4, 2011
Act No. 11019, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12252, Jan. 14, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13433, Jul. 24, 2015
Act No. 13797, Jan. 19, 2016
Act No. 13924, Jan. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15624, jun. 8, 2018
Act No. 15678, jun. 12, 2018
CHAPTER I GENERAL PROVISIONS
The purposes of this Act are to contribute to developing the national economy and enhancing national competitiveness by providing for matters necessary for the simplification of the procedures for the development of industrial complexes, which are stipulated by the Industrial Sites and Development Act, in order to timely supply industrial complexes necessary for the production activities of enterprises.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12252, Jan. 14, 2014>
| 1. | The term "industrial complex development support center" means a supporting organization established in the Ministry of Land, Infrastructure and Transport or the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") in order to efficiently conduct affairs concerning the designation and development of industrial complexes, such as examination of the feasibility of sites and the consultation with competent agencies; |
| 2. | The term "industrial complex planning deliberation committee" means a deliberative organization established in the Ministry of Land, Infrastructure and Transport or a City/Do for comprehensive deliberation on the designation and development of industrial complexes and the areas related thereto, and the industrial complex planning deliberation committee established in the Ministry of Land, Infrastructure and Transport shall be referred to as the "central industrial complex planning deliberation committee," while the industrial complex planning deliberation committee established in each City/Do shall be referred to as the "regional industrial complex planning deliberation committee"; |
| 4. | The term "private company, etc." means any person, other than the State or a local government, who is qualified to file an application for the designation of an industrial complex pursuant to the Industrial Sites and Development Act. |
| Article 3 (Scope of Application) |
This Act shall apply to any industrial complex defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act (including a project to develop a special area pursuant to Article 39 of the same Act; hereinafter referred to as "industrial complex"): Provided, That the foregoing shall not apply to any industrial complex whose size is at least the size prescribed by Presidential Decree. <Amended by Act No. 11020, Aug. 4, 2011>
| Article 4 (Relationship with Other Statutes) |
| (1) | This Act shall take precedence over other statutes in application to exceptions to regulations on the designation and development of industrial complexes: Provided, That if the provisions of any other Act are more lenient than the exceptions prescribed in this Act, such other Act shall apply. |
| Article 5 (Industrial Complex Development Support Center) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish an industrial complex development support center under the Ministry of Land, Infrastructure and Transport in order to conduct affairs concerning the designation and development of national industrial complexes under the Industrial Sites and Development Act and urban high-tech industrial complexes designated by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "national industrial complexes, etc."), and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") shall establish an industrial complex development support center (hereinafter referred to as "support center") in his/her City/Do in order to conduct affairs concerning the designation and development of general industrial complexes, urban high-tech industrial complexes (excluding those designated by the Minister of Land, Infrastructure and Transport), and agro-industrial complexes under the Industrial Sites and Development Act (hereinafter referred to as "general industrial complexes, etc."). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12252, Jan. 14, 2014; Act No. 13481, Aug. 11, 2015> |
| (2) | The head of a department responsible for all affairs related to the designation and development of industrial complexes in each agency or local government shall serve as the head of each support center, and staff members of each support center shall be composed of public officials who are in charge of affairs related to the development of industrial complexes in each agency or local government, including urban planning, industrial site location, construction, transportation, and environment. |
| (3) | If necessary for the organization of a support center, the Minister of Land, Infrastructure and Transport may request the head of any related central administrative agency to dispatch a staff member under his/her control, while each Mayor/Do Governor may make such request to the head of any agency related to the designation of industrial complexes, such as the head of any neighboring military unit, the head of the competent regional environmental management office, the head of the competent regional forest service, and the head of the competent regional construction and management administration, and the head of any agency so requested to dispatch a staff member shall designate a staff member in charge and make the notification within three days. In such cases, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor (hereinafter referred to as the "Minister of Land, Infrastructure and Transport, etc.") may consult with the head of the related agency to adjust the duration and method of the dispatch, taking into consideration the number of cases subject to designation of an industrial complex and other relevant factors. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Upon receipt of a request by the Minister of Land, Infrastructure and Transport, etc. to dispatch a staff member under his/her control pursuant to paragraph (3), the head of any agency shall take measures necessary to dispatch such staff member, unless there is a compelling reason not to do so. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport, etc. may organize an advisory team composed of specialists who have extensive knowledge of and experience in the development of industrial complexes, such as urban planning, industrial site location, construction, and environment, or commission relevant specialists as expert advisors in order to efficiently perform the affairs related to the designation of industrial complexes. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Each support center shall perform the following functions: <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011; Act No. 13797, Jan. 19, 2016> |
| 1. | To receive investment letters of intent under Article 7 and conduct preliminary examinations of and inquiries into general feasibility of site location, including surface surveys for cultural heritage and surveys on the current status of farmland and mountainous districts; |
| 2. | To receive applications for approval of industrial complex plans under Article 8 and provide assistance in consultations and coordination with related agencies under Articles 10 through 12; |
| 3. | To hold information sessions for residents under Article 9 and take follow-up measures; |
| 4. | To consider designating areas requiring permission on land sale contracts under Article 10 of the Act on Report on Real Estate Transactions; |
| 5. | To set a direction for an environmental impact assessment, etc., including the selection of items and scope of assessment pursuant to the Environmental Impact Assessment Act; |
| 6. | To prepare technical review reports under Article 13; |
| 7. | To perform other necessary affairs in connection with the designation and development of industrial complexes. |
| (7) | The Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may provide any staff member of a support center with an incentive, such as an award or promotion, if the staff member has contributed to the designation and development of industrial complexes. In such cases, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor shall offer an incentive first and foremost to staff members dispatched from other agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (8) | Matters necessary for the organization, operation, etc. of support centers shall be prescribed by ordinance of each local government: Provided, That such matters with regard to the support center established under the Ministry of Land, Infrastructure and Transport shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 6 (Industrial Complex Planning Deliberation Committee) |
| (1) | In order to deliberate on the following matters concerning national industrial complexes, etc. or general industrial complexes, there shall be established a central committee for deliberation on industrial complex planning and a regional committee for deliberation on industrial complex planning in the Ministry of Land, Infrastructure and Transport and each City/Do, respectively: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13481, Aug. 11, 2015; Act No. 15678, Jun. 12, 2018> |
| 1. | Matters concerning the establishment of, approval for, and modification to industrial complex plans under Articles 15 and 15-2; |
| 2. | Matters concerning the mediation of disparate opinions among related administrative agencies; |
| (2) | The Minister of Land, Infrastructure and Transport shall serve as the chairperson of the central industrial complex planning deliberation committee, and each Mayor/Do Governor shall serve as the chairperson of each regional industrial complex planning deliberation committee, while committee members shall consist of the following persons, and the vice-chairperson shall be appointed by the chairperson, from among those prescribed in subparagraph 2: <Amended by Act No. 11019, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015; Act No. 13481, Aug. 11, 2015; Act No. 13924, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 14912, Oct. 24, 2017> |
| 1. | Persons appointed by the chairperson, from among public officials who are the heads of departments related to industrial complex development projects in the agency of each designating authority; |
| 2. | Persons commissioned by the chairperson from among specialists in any area related to the development of industrial complexes, such as urban planning, industrial site location, construction, transportation, landscape, and the environment, who have knowledge of and experience in the development of industrial complexes; |
| 3. | Persons recommended by the chairperson of the urban planning committee in the City/Do to which the competent local government belongs, including at least one specialist each from the area of urban planning, design, and the environment, from among members of the City/Do urban planning committees established pursuant to the National Land Planning and Utilization Act; |
| 4. | Persons recommended by the chairperson of the competent traffic impact assessment and deliberation committee, from among members of the City/Do traffic impact assessment and deliberation committees established pursuant to the Urban Traffic Improvement Promotion Act; |
| 5. | Persons recommended by the chairperson of the competent disaster risk assessment and deliberation committee, from among members of the disaster risk assessment and deliberation committees established and operated by the Minister of the Interior and Safety pursuant to the Countermeasures against Natural Disasters Act; |
| 6. | Persons recommended by the chairperson of the competent energy use plan deliberation committee, from among members of the energy use plan deliberation committees established under the Energy Use Rationalization Act; |
| 7. | Persons recommended by the chairperson of the National Transport System Committee, from among the members of the National Transport System Committee established under the National Transport System Efficiency Act; |
| 8. | Persons recommended by the chairperson of the competent mountainous district management committee, from among members of the mountainous district management committees authorized under the Mountainous Districts Management Act to deliberate on a mountainous district use plan within a prearranged area for the relevant industrial site; |
| 9. | Persons recommended by the chairperson of the competent landscape committee, from among members of the City/Do landscape committees established under the Landscape Act. |
| (3) | The chairperson of the central committee or each regional committee for deliberation on industrial complex planning (hereinafter referred to "deliberation committee") shall request the chairperson of each committee to which committee members specified in paragraph (2) 3 through 9 belong, to recommend committee members, to appoint them as committee members, and the chairperson of each committee shall, upon receipt of a request for the recommendation of committee members, recommend committee members within seven days from the receipt of such request. <Amended by Act No. 15678, Jun. 12, 2018> |
| (4) | Each deliberation committee shall be comprised of not more than 30 members, including a chairperson and a vice-chairperson. |
| (5) | A majority of the members of the deliberation committee shall constitute a quorum, and any decision thereof shall require the concurring votes of a majority of those present. |
| (6) | Each deliberation committee shall tape-record each meeting and prepare meeting minutes. |
| (7) | Matters necessary for the organization, operation, etc. of each deliberation committee, such as the minimum membership quota from each source specified in paragraph (2), shall be prescribed by Presidential Decree. |
CHAPTER II PROCEDURE FOR APPROVAL OF INDUSTRIAL COMPLEX PLANS
| Article 7 (Letter of Intent for Investment) |
| (1) | Any private company, etc. may submit to a designating authorities a letter of intent for investment, describing the following matters therein, before establishing an industrial complex plan under Article 8: |
| 1. | Introduction of investors; |
| 2. | Size and duration of the project; |
| 3. | Prospective project site; |
| 4. | Business methods and main types of business; |
| 5. | Data about demands for sites; |
| (2) | Each designating authorities shall provide a private company, etc. that has submitted a letter of intent, through a support center, with as much support as possible with regard to matters necessary for the industrial complex development plan, such as offering materials concerning the following matters: |
| 1. | The currently applicable regulations in general on the prospective site for the industrial complex; |
| 2. | Industrial conditions and the policy on industrial complexes in each area; |
| 3. | Environmental conditions (ecosystem drawings, etc.); |
| 4. | The use of land, such as farmland and mountainous districts; |
| 5. | Other materials that the support center can supply among those requested by the private company. |
| Article 8 (Industrial Complex Plans) |
| (1) | Each designating authority shall establish an industrial complex plan that includes the following, and both a development plan and an implementation plan therefor under the Industrial Sites and Development Act shall be deemed to have been established when an industrial complex plan is established: <Amended by Act No. 13481, Aug. 11, 2015> |
| 1. | The name of the industrial complex; |
| 2. | Purposes of and need for the designation of the industrial complex; |
| 3. | The location and area of the candidate site for the designation; |
| 4. | The period and method of the development of the industrial complex; |
| 5. | Major businesses to be invited or restricted; |
| 6. | The address and name of the project operator; |
| 7. | The current use of land in the project area; |
| 8. | A land use plan and an infrastructure plan; |
| 10. | A detailed list of land and buildings and other goods or rights to be expropriated or used, if any; |
| 12. | Other matters specified by Presidential Decree. |
| (2) | Any private company, etc. seeking the designation of an industrial complex shall establish an industrial complex plan that includes the matters specified in paragraph (1) and file an application for approval thereof with the designating authorities. |
| (3) | An application filed for approval of an industrial complex plan in accordance with paragraph (2) shall be accompanied by the following documents that are necessary for consultations of, and deliberation on, the areas related to approval of the industrial complex plan, such as the environment and traffic: Provided, That each designating authority may set a submission deadline for such documents, separately from the application if necessary to process the designation and development of an industrial complex more efficiently: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011; Act No. 13433, Jul. 24, 2015; Act No. 13481, Aug. 11, 2015; Act No. 14912, Oct. 24, 2017> |
| 1. | Documents related to the relevant urban or Gun master plan (limited to cases in which the establishment or approval of an industrial complex plan under Article 15 is deemed the approval of a modification to the relevant urban or Gun master plan); |
| 2. | Documents related to the relevant master plan for the reclamation of public waters (limited to cases in which the establishment or approval of an industrial complex plan under Article 15 is deemed the approval of a modification to the relevant master plan for the reclamation of public waters); |
| 3. | A draft report on the strategic environmental impact assessment or the environmental impact assessment under the Environmental Impact Assessment Act and documents related thereto; |
| 7. | Documents related to the deliberation on preliminary landscape plans and landscape plans under the Landscape Act; |
| 8. | Other necessary documents related to approval of the industrial complex plan. |
| (4) | Where an application for approval of an industrial complex plan is filed in accordance with paragraph (2), matters necessary for the approval therefor shall be prescribed by Presidential Decree. |
| Article 9 (Hearing Opinions of Residents) |
| (1) | Where a designating authority intends to establish an industrial complex plan or receives an application for approval of an industrial complex plan, it shall publicly announce such intention or fact on a daily newspaper mainly circulated in the relevant area and on its website, and shall also allow the general public to access it for at least 20 days from the date of such announcement. In such cases, an application for approval of an industrial complex plan shall be publicly announced within three days (based on working days) from the filing date of such application, except in extenuating circumstances. |
| (2) | Each designating authority shall hear opinions about the strategic environmental impact assessment report or environmental impact assessment report prepared pursuant to the Environmental Impact Assessment Act, the traffic impact assessment report and documents related to the consultation on disaster risk assessment, etc. in addition to hearing opinions pursuant to paragraph (1); Provided, That each designating authority may hear opinions separately on the matters which can be separately submitted pursuant to the proviso to the part other than the subparagraphs of Article 8 (3). <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011; Act No. 13433, Jul. 24, 2015; Act No. 14912, Oct. 24, 2017> |
| (3) | Notwithstanding Articles 13 and 25 of the Environmental Impact Assessment Act, each designating authority may require a project operator designated under Article 8 (1) 6 (hereinafter referred to as "project operator") to hold a joint briefing session or a joint public hearing within ten days (based on working days) from the date of public announcement under paragraph (1) in order to explain matters related to the industrial complex plan, the strategic environmental impact assessment or the environmental impact assessment under the Environmental Impact Assessment Act, the traffic impact assessment, the consultation on disaster risk assessment, etc. In such cases, matters concerning the method and procedures for holding joint briefing sessions or joint public hearings shall be prescribed by Presidential Decree. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011; Act No. 13433, Jul. 24, 2015; Act No. 14912, Oct. 24, 2017> |
| (4) | Any person who has an opinion about a draft industrial complex plan publicly announced pursuant to paragraph (1) may submit a written opinion to the relevant designating authority or project operator within the period for access. |
| (5) | If necessary to efficiently hear the opinions of residents, each designating authority may require the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of the relevant industrial complex to hold hearings in accordance with paragraphs (1) through (4). In such cases, each designating authority shall send to the head of the relevant Si/Gun/Gu a draft industrial complex plan, the strategic environmental impact assessment report or environmental impact assessment report under the Environmental Impact Assessment Act, the traffic impact assessment report, and documents related to the consultation on disaster risk assessment, etc. and upon completion of a hearing, the head of the relevant Si/Gun/Gu who received such report or documents shall submit the written opinion under paragraph (4) and review opinions to the relevant designating authority. <Amended by Act No. 10892, Jul, 21, 2011; Act No. 11019, Aug. 4, 2011; Act No. 13433, Jul. 24, 2015; Act No. 14912, Oct. 24, 2017> |
| Article 10 (Consultations with Related Agencies) |
| (1) | When designating authorities consult with the head of a related administrative agency to establish or approve an industrial complex plan, it shall simultaneously commence the procedures for consultations on related areas as may be necessary for approval of the industrial complex plan: Provided, That designating authorities shall immediately consult about the documents separately received from a private company, etc., by the deadline it had set for submission under the proviso to the part other than the subparagraphs of Article 8 (3). |
| (2) | The head of the related administrative agency shall present his/her opinion in response to a request for consultation within ten days (based on working days) from the receipt of such request for consultation: Provided, That the time period for consultations under the Protection of Military Bases and Installations Act shall be not longer than 15 days (based on working days). |
| (3) | If the head of the related administrative agency does not reply within the period under paragraph (2), it shall be deemed that consultation has been completed without any objection to the contents of the application filed for the relevant industrial complex plan. |
| (4) | The head of any related administrative agency may request the designating authorities to supplement related documents only once, and the period during which such supplementation is made shall not be included in the period set for consultations. |
| Article 11 (Joint Coordination Meetings) |
| (1) | Each designating authorities may, if any differences of opinion arise among related agencies as a result of consultations under Article 10, hold a joint coordination meeting in which related administrative agencies participate to coordinate such differences. |
| (2) | Designating authorities shall notify the heads of related administrative agencies of the date, time, and place of a joint coordination meeting and agenda at least five days before the meeting, and the heads of the related administrative agencies so notified shall each have a public official attend the meeting. In such cases, consultation is deemed to have taken place with regard to any agency that does not attend the meeting or does not present its opinion, even though it has been notified of the meeting. |
| (3) | Each designating authorities shall allow a project operator to attend a joint coordination meeting to present its opinion. |
| Article 12 (Intervention in Consultations with Related Central Administrative Agencies) |
| (1) | If intervention is required because consultations with related central administrative agencies fail to be completed, even though the procedures under Articles 10 and 11 have been followed, the Minister of Land, Infrastructure and Transport may request the Prime Minister to intervene to coordinate differences of opinion, upon application from the designating authorities: Provided, That if the project involves a national industrial complex, etc., the Minister of Land, Infrastructure and Transport may directly make a request for intervention for coordination of differences without such application. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13481, Aug. 11, 2015> |
| (2) | The Minister of Land, Infrastructure and Transport shall, when requesting the Prime Minister to intervene to coordinate differences of opinion pursuant to paragraph (1), forward documents related to such differences and other necessary materials, including review opinions, along with his/her written request. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A project operator may submit his/her written opinion, in cases where the Prime Minister intervenes to coordinate differences of opinion between related central administrative agencies pursuant to paragraph (1). |
| (4) | The Office for Government Policy Coordination may establish an organization responsible for intervention to coordinate differences of opinion under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters concerning the functions and operation of the organization established within the Office for Government Policy Coordination pursuant to paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 13 (Preparation of Technical Review Reports) |
| (1) | Each designating authorities shall, after hearing opinions of residents and completing consultations and coordination with and between related departments and related administrative agencies, have competent experts prepare a technical review report on the matters involving differences of opinion. |
| (2) | Designating authorities may, if necessary to prepare a technical review report, request any related agency to assist it with human resources and materials, and the agency so requested shall comply therewith, except in extenuating circumstances. |
| Article 14 (Deliberation by Deliberation Committee) |
| (1) | In order to establish or approve an industrial complex plan under Article 8, the Minister of Land, Infrastructure and Transport shall bring the plan to the central industrial complex planning deliberation committee for deliberation, while each Mayor/Do Governor or the head of each Si/Gun/Gu shall bring the plan to the competent regional industrial complex planning deliberation committee for deliberation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any project operator may submit its written final opinion to the deliberation committee, and the committee shall examine and deliberate comprehensively on the industrial complex plan, the project operator’s opinion, the competent experts' technical review report under Article 13, and other relevant materials to determine whether to grant approval. |
| (3) | Matters deliberated by the deliberation committee shall be deemed to have been deliberated by the following deliberative councils or committees: <Amended by Act No. 11019, Aug. 4, 2011; Act No. 13433, Jul. 24, 2015; Act No. 13481, Aug. 11, 2015; Act No. 14912, Oct. 24, 2017> |
| Article 15 (Public Notice of Approval of Industrial Complex Plans) |
| (1) | Each designating authority shall establish or approve an industrial complex plan, subject to prior deliberation by the deliberation committee, and give public notice of the results thereof through the Official Gazette or the official bulletin. In such cases, it may attach necessary conditions thereto. |
| (3) | and (4) Deleted. <by Act No. 15678, Jun. 12, 2018> |
| Article 15-2 (Modifications to Industrial Complex Plans) |
| (1) | Where an industrial complex plan established and approved pursuant to Article 15 is to be modified, Articles 8 through 15, 16, 17, 20 through 27, and 27-2 shall apply mutatis mutandis thereto: Provided, That where minor matters prescribed by Presidential Decree are to be modified, hearing opinions of residents, etc. under Article 9 may be omitted, and deliberation by the deliberation committee under Article 14 shall not be undergone. |
| (2) | Where a minor matter under the proviso to paragraph (1) is subject to deliberation by a deliberative council or committee under Article 14 (3), such matter may be deliberated by the deliberation committee under Article 14, notwithstanding the proviso to paragraph (1). |
| (3) | Where an industrial complex plan is to be modified pursuant to the Industrial Sites and Development Act at the request of private enterprises, etc., Articles 21 through 27, 27-2 (limited to cases in which consultation with the heads of relevant agencies or deliberation by the deliberation committee under Article 14 (3) is completed in the case of Articles 21, 22, 25 through 27 and 27-2) and 28 (2) through (4) shall apply mutatis mutandis thereto notwithstanding paragraph (1). |
[This Article Newly Inserted by Act No. 15678, Jun. 12, 2018]
| Article 16 (Time Limits for Approval of Industrial Complex Plans) |
| (1) | When any designating authorities receive an application from a private company, etc. for the designation of an industrial complex pursuant to Article 8 (2), it shall determine whether to grant approval and notify the applicant of its decision within six months from the receipt of the application for approval of the industrial complex plan: Provided, That the foregoing shall not apply where there is justifiable cause prescribed by Presidential Decree. |
| (2) | When designating authorities request consultations on the strategic environmental impact assessment and the environmental impact assessment pursuant to the Environmental Impact Assessment Act, it shall request such consultations within four months from the filing date of the application for approval of an industrial complex plan. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011> |
| (3) | Heads of related administrative agencies shall observe the deadline for consultations and provide full cooperation so that the period set for approval under paragraph (1) can be complied with. |
| Article 17 (Applicability to Agro-Industrial Complexes) |
| (1) | This Article shall apply to the designation and development of an agro-industrial complex defined in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act (hereinafter referred to as "agro-industrial complex"). <Amended by Act No. 11020, Aug. 4, 2011> |
| (2) | Upon receipt of a letter of intent for investment under Article 7 (1), the head of a Si/Gun/Gu may request the support center in the City/Do, in which the prospective site for the industrial complex under the letter of intent is located, to examine the feasibility, etc. of the industrial complex development project. |
| (3) | The support center requested by the head of a Si/Gun/Gu to examine the feasibility, etc. pursuant to paragraph (2) shall perform the examination and forward the results thereof to the head of the Si/Gun/Gu. |
| (4) | The head of a Si/Gun/Gu may, if necessary for consultations with related agencies, request the support center in the City/Do, in which the prospective site for the industrial complex under the letter of intent is located, to provide him/her with assistance in consulting with experts and coordinating differences of opinion between related agencies. |
| (5) | Notwithstanding Article 13 (1), the head of a Si/Gun/Gu may request the support center in the City/Do, in which the prospective site for the industrial complex under the letter of intent is located, to prepare competent experts’ technical review report under the aforesaid paragraph, and in such cases, the support center shall prepare and forward such a report to the head of the Si/Gun/Gu within ten days. |
| (6) | In order to establish or approve an industrial complex plan under Article 8 pursuant to Article 14 (1), the head of a Si/Gun/Gu shall take the plan to the regional industrial complex planning deliberation committee for deliberation, which is established in the City/Do in which the prospective site for the industrial complex under the letter of intent is located, and in cases where the plan is deliberated upon by the regional committee, the plan is deemed to have been approved by the Mayor/Do Governor pursuant to Article 8 (2) of the Industrial Sites and Development Act. |
| Article 18 (Management of Information on Industrial Complex Plans) |
| (1) | Each designating authorities shall, upon receipt of an application for approval of an industrial complex plan pursuant to Article 8 (2), immediately enter the details thereof in the industrial complex information network under Article 5-3 of the Industrial Sites and Development Act (hereinafter referred to as "industrial complex information network") and shall also enter the processing status of the matters related to approval and the results thereof in real time. |
| (2) | Any agency to whom consultation, assessment, or review has been requested in connection with an industrial complex plan shall enter the details of such request, the processing status of the request, and the results thereof in the industrial complex information network. |
| (3) | The Prime Minister or the Minister of Land, Infrastructure and Transport may, if he/she finds from the details entered in the industrial complex information network that the procedures for the designation and development of an industrial complex are being delayed, request the competent designating authorities to submit a report detailing the progress of the development project and the reasons for such delay, and may hold a meeting of related administrative agencies, if necessary. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 19 (Guidelines for Integration of Industrial Complex Plans) |
| (1) | The Minister of National Defense, the Minister of the Interior and Safety, the Minister for Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Administrator of the National Fire Agency, the Administrator of the Cultural Heritage Administration, and the Minister of the Korea Forest Service shall establish guidelines for industrial complex planning applicable to the establishment of and approval of industrial complex plans, and submit them to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Land, Infrastructure and Transport shall integrate the guidelines that he/she has established for industrial complex planning and those submitted pursuant to paragraph (1), and publicly announce the combined guidelines after consultations with Mayors/Do Governors and the heads of related administrative agencies, and may request the Prime Minister to intervene, if any differences of opinion arise in the course of such consultations. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport and heads of related administrative agencies shall not include any regulations stricter than the guidelines prescribed by relevant statutes or regulations in the guidelines for industrial complex planning, at the time of establishing the guidelines for industrial complex planning pursuant to paragraphs (1) and (2). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The integrated guidelines for industrial complex planning publicly announced pursuant to paragraph (2) shall take precedence over other guidelines for industrial complex planning, and no head of any related administrative agency shall present any opinion unfavorable to a project operator on any ground not explicitly prescribed in such integrated guidelines in consultation with related administrative agencies under Article 10. |
| Article 20 (Access to and Use of Land) |
| (1) | Any designating authority or any person who has submitted a letter of intent for investment may access to a third party’s land for inspection or surveying to prepare an industrial complex plan or use a third party’s land temporarily as a place for keeping materials, a path, or a temporary passage; and may also alter or remove bamboo, trees, soil, rocks, and other obstacles therein. <Amended by Act No. 15678, Jun. 12, 2018> |
| (2) | Any person who intends to access to a third party’s land pursuant to paragraph (1) shall obtain permission from the relevant designating authority in advance. |
CHAPTER III SPECIAL CASES FOR SHORTENING PERIOD FOR DEVELOPMENT OF INDUSTRIAL COMPLEXES
| Article 21 (Special Cases in Application of the National Land Planning and Utilization Act) |
Where an industrial complex plan is established or approved pursuant to Article 15, the relevant urban or Gun master plan shall be deemed established or modified pursuant to Article 18, 22, or 22-2 of the National Land Planning and Utilization Act: Provided, That the foregoing shall apply only to the approval of an industrial complex plan, the area of the prospective site under which (referring to the cumulative area of the relevant industrial complex combined with the area of the prospective site for an industrial complex to be designated in cases of an industrial complex plan deemed as an urban or Gun master plan established or modified as prescribed in the main sentence of this Article) does not exceed 30/100 of the total area of the prospective site for urbanization under the urban or Gun master plan of a Si/Gun in which the prospective site for the industrial complex is located. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11019, Aug. 4, 2011>
| Article 22 (Special Cases in Application of the Public Waters Management and Reclamation Act) |
| (2) | Where any designating authorities intend to establish or approve an industrial complex plan, which would lead to the establishment of or modification to the relevant master plan for the reclamation of public waters pursuant to paragraph (1), shall consult with the Minister of Oceans and Fisheries about the plan. In such cases, the Minister of Oceans and Fisheries shall complete the consultation within 20 days (based on working days). <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 23 (Special Cases in Application of the Environmental Impact Assessment Act) |
| (1) | Notwithstanding the Environmental Impact Assessment Act, designating authorities or a project operator shall conduct an examination or assessment of the environmental impact of the development of an industrial complex in accordance with the following classifications: <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011> |
| 1. | If the area of the prospective site for an industrial complex is less than 150,000 square meters: The strategic environmental impact assessment under the Environmental Impact Assessment Act; |
| 2. | If the area of the prospective site for an industrial complex is 150,000 square meters or larger: The environmental impact assessment under the Environmental Impact Assessment Act. |
| (2) | Notwithstanding Article 18 (1) of the Environmental Impact Assessment Act, the head of any administrative agency, upon receipt of a request for consultation on the strategic environmental impact assessment with regard to an industrial complex development project, shall notify the relevant designating authorities of his/her opinion about the strategic environmental impact assessment within 30 days from the receipt of such request for consultation. In such cases, the head of the consulting agency may request the designating authorities or project operator to supplement related documents only once, if any reason prescribed by Presidential Decree exists, but the period during which such supplementation is made shall not be included in the period set for consultation. <Amended by Act No. 10892, Jul. 21, 2011> |
| (3) | Notwithstanding Article 29 of the Environmental Impact Assessment Act, the head of any administrative agency, upon receipt of a request for consultation about an assessment report on an industrial complex development project, shall notify the relevant designating authorities of his/her opinion about the assessment within 45 days from the receipt of the assessment report. In such cases, the head of the consulting agency may request the designating authorities or project operator to supplement related documents only once, if any reason prescribed by Presidential Decree exists, but the period during which such supplementation is made shall not be included in the period set for consultation. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011> |
| (4) | Any designating authorities that conducts the strategic environmental impact assessment and the environmental impact assessment under the Environmental Impact Assessment Act may survey the environmental impact of the project at issue based on the results of a review conducted by the competent support center pursuant to Article 5 (6) 5, subject to consultation with the heads of the consulting agencies. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011> |
| Article 24 (Special Cases in Application of the National Transport System Efficiency Act) |
| Article 25 (Special Cases in Application of the Mountainous Districts Management Act) |
| Article 26 (Special Cases in Application of the Water Supply and Waterworks Installation Act) |
Where an industrial complex plan is established or approved pursuant to Article 15, a master plan for waterworks installation and management shall be deemed established or modified pursuant to Article 4 of the Water Supply and Waterworks Installation Act and approved by the Minister of Environment. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15624, Jun. 8, 2018>
| Article 27 (Special Cases in Application of the Sewerage Act) |
Where an industrial complex plan is established or approved pursuant to Article 15, a master plan for the maintenance of sewerage shall be deemed established or modified pursuant to Article 5 or 6 of the Sewerage Act and approved by the Minister of Environment.
| Article 27-2 (Special Cases in Application of the Landscape Act) |
[This Article Newly Inserted by Act No. 13481, Aug. 11, 2015]
| Article 28 (Special Cases in Application of the Industrial Sites and Development Act) |
| (1) | Where a private company, etc. requests for designation or development of an industrial complex, or designating authorities independently designate an industrial complex pursuant to Article 11 of the Industrial Sites and Development Act, the same Act shall apply, except as otherwise expressly prescribed in paragraphs (2) through (5). |
| (3) | Where designating authorities designate an industrial complex or approves an implementation plan under the Industrial Sites and Development Act, he/she may have the deliberation committee review the plan pursuant to Article 14, if deemed necessary for the efficient designation and development of the relevant industrial complex. |
| (4) | Where an industrial complex is designated or developed under the Industrial Sites and Development Act, Article 16 shall apply to a period for the designation of an industrial complex or for the approval of an implementation plan, and Article 17 (4) through (6) shall apply to assistance related to the designation or development of an agro-industrial complex or a general industrial complex designated or developed by the head of a Si/Gun/Gu in accordance with Articles 7 and 7-2 of the Industrial Sites and Development Act, and legal fiction of approval by the competent Mayor/Do Governor. |
| (5) | Articles 21 through 27 (Articles 21, 22, and 25 through 27 shall be limited to cases where a consultation with the head of the related agency or deliberation by the deliberation committee under paragraph (3) of Article 14 is complete) shall apply mutatis mutandis to the establishment of an industrial complex development plan or an implementation plan pursuant to the Industrial Sites and Development Act. |
| (6) | Paragraphs (1) through (5) shall apply mutatis mutandis to any modification to an industrial complex development plan or an implementation plan pursuant to the Industrial Sites and Development Act. |
| (7) | Notwithstanding paragraph (6), an industrial complex development plan or an implementation plan established in accordance with the Industrial Sites and Development Act may be modified in accordance with this Act. |
| (8) | Where an industrial complex development plan or an implementation plan is modified under paragraph (7), such plan shall be deemed an industrial complex plan established in accordance with this Act, and Articles 8 through 13, Article 15 (1) and (2), Articles 16, 17, 20 through 27 and Article 28 (3) shall apply mutatis mutandis thereto. |
[This Article Newly Inserted by Act No. 11020, Aug. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Industrial Complexes Designated and Is Now under Construction pursuant to the Industrial Sites and Development Act) Articles 6 and 9 through 16 shall apply to industrial complexes designated and is now under construction pursuant to the Industrial Sites and Development Act as at the time this Act enters into force. Article 3 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. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11019, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 3 of the Addenda shall enter into force on July 22, 2012.
Article 2 (Applicability)
Article 3 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
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. 12252, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13481, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning the Integrated Deliberation by Deliberative Committee)
Notwithstanding Articles 14 and 27-2, the previous provisions shall apply to industrial complex plans which have undergone deliberation on landscape or are under deliberation pursuant to the Landscape Act as at the time this Act enters into force. Article 3 (Transitional Measures concerning the Omission of Hearing Opinions from Residents on Minor Modifications to Industrial Complex Plans)
Notwithstanding Article 15 (3), the previous provisions shall apply where hearing opinions of residents is already in progress as at the time this Act enters into force.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13924, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15624, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 4 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15678, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Modifications to Industrial Complex Plans)
The amended provisions of Article 15-2 shall begin to apply from the modification to an industrial complex plan after this Act enters into force.