ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE SIMPLIFICATION OF AUTHORIZATION AND PERMISSION PROCEDURES FOR INDUSTRIAL COMPLEXES
Presidential Decree No. 20988, Sep. 3, 2008
Amended by Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 24443, Mar. 23, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25502, Jul. 21, 2014
Presidential Decree No. 25859, Dec. 16, 2014
Presidential Decree No. 27217, jun. 8, 2016
Presidential Decree No. 27578, Nov. 8, 2016
Presidential Decree No. 29356, Dec. 11, 2018
Presidential Decree No. 29677, Apr. 2, 2019
| Article 2 (Scope of Application) |
| 1. | In cases of an industrial complex to be newly developed: An industrial complex to be newly developed in at least the following scales: |
| (a) | An industrial complex to be developed by any of the following project operators: Ten million square meters: |
| (iii) | A corporation incorporated by persons falling under sub-items (i) and (ii) by participating in the investment aimed at developing an industrial complex and their aggregate investment ratio is at least 20 percent; |
| (b) | An industrial complex to be developed by a project operator other than a business operator falling under any sub-item of item (a): Five million square meters; |
| 2. | In cases of an industrial complex, construction works on which are complete: An industrial complex that develops at least the size classified in items of subparagraph 1 by modification. In such cases, the size of the development by modification shall be calculated by aggregating the following areas, but the area of the land subject thereto shall not be factored in the calculation more than once: |
| (a) | Area of land of the industrial complex to be increased; |
| (b) | Area specified in the land use plan to be modified; |
| (c) | Area of infrastructure to be increased. |
[This Article Wholly Amended by Presidential Decree No. 27217, Jun. 8, 2016]
| Article 3 (Composition of Industrial Complex Development Support Center under the Ministry of Land, Infrastructure and Transport) |
| (1) | The Deputy Minister for Territorial and Urban Development shall be the head of the industrial complex development center established under the Ministry of Land, Infrastructure and Transport pursuant to Article 5 (1) of the Act; and public officials in charge of the affairs related to the development of industrial complexes in the Territorial and Urban Development Office and the Transport and Logistics Office shall be the members thereof. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25859, Dec. 16, 2014> |
| (2) | The Minister of Land, Infrastructure and Transport shall organize an advisory team referred to in Article 5 (5) of the Act comprised of not more than ten specialists with extensive knowledge of and experience in development of industrial complexes, such as urban planning, industrial site location, construction, and environment. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Upon receiving a letter of intent for investment under Article 7 of the Act and an application for approval of an industrial complex plan under Article 8 of the Act, the Minister of Land, Infrastructure and Transport shall hear opinion of the advisory team referred to in Article 5 (5) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 4 (Composition of Industrial Complex Planning Deliberation Committee) |
| (1) | The minimum number of members in each category prescribed in the subparagraphs of Article 6 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 27217, Jun. 8, 2016> |
| 3. | Those falling under Article 6 (2) 3 and 4: Three persons for the category set forth in respective subparagraphs; |
| 4. | Those falling under Article 6 (2) 5 through 9: Two persons for the category prescribed in respective subparagraphs. |
| (2) | Deleted. <by Presidential Decree No. 27217, Jun. 8, 2016> |
| Article 4-2 (Exclusion, Challenge, and Abstention of Members) |
| (1) | If a member of an industrial complex planning deliberation committee (hereafter in this Article and Article 4-3, referred to as "member") falls under any of the following cases, he/she shall be excluded from the deliberation and resolution by the industrial complex planning deliberation committee: |
| 1. | The member or his/her current or former spouse becomes a party to the relevant agenda item or is holding any right or duty jointly with the party to such agenda item; |
| 2. | Any of the member's current or former relatives is a party to the relevant agenda item; |
| 3. | The member has given any advice, or conducted any research, service (including any subcontract), appraisal or examination with respect to the relevant agenda item; |
| 4. | The member or any corporation, organization, etc. where he/she belongs is or was an agent of a party to the relevant agenda item; |
| 5. | Any corporation, etc. where he/she currently holds or has held the post of an executive officer or employee for the last three years has given any advice, or conducted any research, service (including any subcontract), appraisal or examination regarding the relevant agenda item. |
| (2) | If any ground exists, making it difficult to expect the impartial deliberation and resolution of any member, a party to the relevant agenda item may file a request to challenge him/her with the industrial complex planning deliberation committee; and the industrial complex planning deliberation committee shall make a decision on such request by its resolution. In such cases, the member subject to such request for challenge shall not participate in the resolution. |
| (3) | If any cause is found to exclude a member referred to in the subparagraphs of paragraph (1), he/she shall voluntarily abstain from deliberation and resolution on the relevant agenda item. |
[This Article Newly Inserted by Presidential Decree No. 27217, Jun. 8, 2016]
| Article 4-3 (Removal of Members) |
| (1) | A person who has appointed or commissioned a member pursuant to Article 6 (2) 1 or 2 of the Act may remove or dismiss the relevant member from office if the member falls under any of the following cases: |
| 1. | Where the member becomes incapable of performing his/her duties due to a mental disorder; |
| 2. | Where the member engages in misconduct regarding his/her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duty, loss of dignity, or any other reason; |
| 4. | Where the member fails to abstain despite falling under any subparagraph of Article 4-2 (1); |
| 5. | Where the member voluntarily admits that it is difficult for him/her to perform his/her duties. |
| (2) | A person who has recommended a member pursuant to Article 6 (2) 3 through 9 of the Act may withdraw his/her recommendation if the relevant member falls under any subparagraph of paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 27217, Jun. 8, 2016]
| Article 4-4 (Detailed Operation Rules) |
Except as otherwise provided for in Articles 4, 4-2, and 4-3, matters concerning establishing, operating, etc. the central industrial complex planning deliberation committee may be determined separately by the Minister of Land, Infrastructure and Transport, and matters concerning establishing, operating, etc. a regional industrial complex planning deliberation committee may be prescribed by ordinance of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. [This Article Newly Inserted by Presidential Decree No. 27217, Jun. 8, 2016]
| Article 5 (Letter of Intent for Investment) |
| (2) | When a private company, etc. referred to in Article 7 (1) of the Act submits a letter of intent for investment under paragraph (1), it shall append the following documents: |
| 1. | A written introduction to the submitter; |
| 3. | Documents through which its business performance capacity can be evaluated; |
| 4. | A certificate of personal seal impression. |
| Article 6 (Industrial Complex Plans) |
| (1) | "Other matters specified by Presidential Decree" in Article 8 (1) 12 of the Act means the following: <Amended by Presidential Decree No. 25859, Dec. 16, 2014> |
| 1. | A placement plan for categories of business to attract, or area to be supplied for each category of business to attract; |
| 2. | Data on the demand for occupancy; |
| 3. | A support plan for major facilities to develop the industrial complex. |
| (2) | "Other necessary documents related to approval of the industrial complex plan" in Article 8 (3) 8 of the Act means the following: <Amended by Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 29356, Dec. 11, 2018> |
| 2. | Deleted; <by Presidential Decree No. 22467, Nov. 2, 2010> |
| 3. | A proposed floor plan and implementation drawings and documents (where reclaiming land in any public water area is included in the plan, including descriptions of reclamation works); |
| 4. | Project cost and a funding plan (including an annual investment plan); |
| 5. | plans for managing and disposing of land or facilities to be developed; |
| 6. | Detailed descriptions of existing factories, buildings, etc. to be maintained in the project implementation area; |
| 7. | Documents related to purchasing and compensating for land, buildings and rights in the project implementation area, and measures to relocate residents; |
| 8. | A plan for developing public facilities, land, etc. at no cost and substitution thereof; |
| 9. | A detailed statement on the calculation of costs for the installation of the public facilities to be devolved to the State or a local government; and an appraisal report on the existing facilities to be devolved or transferred to the project operator; |
| 10. | A plan to implement the industrial complex development project as an agent (limited to cases where there is a relevant plan); |
| 11. | Relevant documents and drawings necessary to determine an urban or Gun management plan (including a district-unit plan); |
| 12. | A land substitution plan for the former landowners (limited to where a land substitution plan exists); |
| 13. | A damage impact assessment report (limited to cases where any land in public water area is to be reclaimed); |
| (3) | Upon receipt of an application for approval of an industrial complex plan under Article 8 (2) of the Act, a designating authority shall verify the land register of the project implementation area by matching administrative information under Article 36 (1) of the Electronic Government Act. <Newly Inserted by Presidential Decree No. 22467, Nov. 2, 2010> |
| (4) | Upon receipt of an application for approval of an industrial complex plan under Article 8 (2) of the Act, a designating authority may reduce or increase the area of the relevant industrial complex after comprehensively examining the appropriate supply of the industrial land and expansion of infrastructure, environmental effect, employment issues, supply of and demand for human resources, and relationship with backup cities, and if necessary, after hearing opinion of the applicant of the approval of the industrial complex plan. |
| Article 7 (Holding of Joint Briefing Sessions) |
| (1) | If a project operator under Article 8 (1) 6 of the Act (hereinafter referred to as "project operator") intends to hold a joint public briefing session or joint public hearing (hereinafter referred to as "joint briefing session, etc.") pursuant to Article 9 (3) of the Act, he/she shall publicly announce an outline of the project, date, time, venue, etc. of the joint briefing session, etc. in at least one of the central daily newspapers and local daily newspapers published in the relevant region, and the website of the agency to which the designating authority belongs, by not later than seven days before the scheduled date. |
| (2) | Notwithstanding paragraph (1), a project operator may request the designating authority to include matters concerning holding of a joint briefing session, etc. in the public announcement of the industrial complex plan referred to in Article 9 (1) of the Act; and the designating authority shall comply with such request, except in extenuating circumstances. In such cases, if the designating authority has publicly announced the matters concerning holding of a joint briefing session, etc. together with the industrial complex plan, the project operator shall be deemed to have publicly announced the holding of the joint briefing session pursuant to paragraph (1). |
| (3) | If a project operator intends to hold a joint public hearing pursuant to Article 9 (3) of the Act, the residents of the prospective site of the industrial complex may recommend to the project operator the experts who will state their opinions at the joint public hearing. In such cases, the project operator shall arrange experts to attend and state their opinions at the public hearing. |
| (4) | If a joint briefing session, etc. publicly announced pursuant to paragraph (1) or (2) could not be held due to any reason not attributable to the project operator; and if the project operator has publicly announced such reason in at least one of the central daily newspapers and local daily newspaper published in the relevant region and on the website of the agency to which the designating authority belongs; and has explained the project to the residents in any other manner, the joint briefing session, etc. shall be deemed held. |
| (5) | A project operator shall notify the designating authority of the results of holding a joint briefing session, etc. within seven days from completion of the joint briefing session, etc. |
| Article 8 (Composition of Industrial Complex Investment Promotion Center) |
| (1) | To perform affairs related to coordinating disputes among related central administrative agencies pursuant to Article 12 (4) of the Act, the Industrial Complex Investment Promotion Center (hereinafter referred to as the "Investment Promotion Center") shall be established under the jurisdiction of the Office for Government Policy Coordination. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | A member of the Senior Executive Service in the Office for Government Policy Coordination shall be the head of the Investment Promotion Center; and public officials in charge of the affairs related to regulatory reform in the Office for Government Policy Coordination shall be the members thereof. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | If necessary to establish the Investment Promotion Center, the Minister of the Office for Government Policy Coordination may request the head of a central administrative agency, such as the Minister of Land, Infrastructure and Transport, etc., to dispatch any staff member under his/her jurisdiction. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | To perform affairs related to coordinating disputes among related central administrative agencies in a more reasonable manner, the Minister of the Office for Government Policy Coordination may organize an advisory group comprised of relevant experts with extensive knowledge and experience in the Investment Promotion Center. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 9 (Operation of Investment Promotion Center) |
| (1) | The Investment Promotion Center shall perform the following duties: |
| 2. | Inspecting the status of designation and development of industrial complexes and taking measures related thereto under Article 18 (3) of the Act; |
| 3. | Mediating disputes among the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, the Special Self-Governing Province Governor, and related administrative agencies under Article 19 (2) of the Act. |
| (2) | Where the Minister of Land, Infrastructure and Transport has requested to mediation of disputes pursuant to Article 12 (1) of the Act, the head of the Investment Promotion Center may request related central administrative agencies, etc. to submit data necessary to mediate different opinions. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for operating, etc. the Investment Promotion Center shall be determined by the Minister of the Office for Government Policy Coordination in consultation with the heads of related administrative agencies. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 10 (Modifications to Minor Matters) |
"Where minor matters prescribed by Presidential Decree are to be modified" in the proviso to Article 15-2 (1) of the Act means cases excluding the following: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25502, Jul. 21, 2014; Presidential Decree No. 27578, Nov. 8, 2016; Presidential Decree No. 29356, Dec. 11, 2018> | 1. | Modifying at least ten percent of the area of an industrial complex; |
| 2. | Changing major category of business to attract (limited to cases that accompany the increase of the capacity and area of infrastructure except road); |
| 3. | Modifying a land use plan or a major infrastructure plan determined by the Minister of Land, Infrastructure and Transport. |
| Article 11 (Time Limits for Approval of Industrial Complex Plans) |
"Justifiable cause prescribed by Presidential Decree" in the proviso to Article 16 (1) of the Act means where the process of approving an industrial complex plan is delayed due to any reason attributable to the private company, etc. that has applied for the designation of the industrial complex pursuant to Article 8 (2) of the Act.
| Article 12 (Supplementation of Documents on Environmental Impact Assessment) |
| Article 13 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of modification to minor matters of an industrial complex plan under Article 10 every three years, counting from January 1, 2014 (referring to a date that falls before every third anniversary from January 1) and shall take measures, such as making improvements. [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 6, 2008: Provided, That Article 12 (2) shall enter into force on January 1, 2009. Article 2 (Transitional Measures concerning Enforcement Date)
| (1) | Until Article 12 (2) enters into force pursuant to the proviso to Article 1 of the Addenda, the same paragraph shall be deemed provided for as follows. |
| (2) | "If any reason prescribed by Presidential Decree exists" in the latter part of Article 23 (3) of the Act means where any ground exists to supplement an environmental impact assessment report pursuant to Article 18 of the Act on Assessment of Impacts of Works on Environment, Traffic, and Disasters. |
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014.
ADDENDA <Presidential Decree No. 25502, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Modification of Major Industry to Attract to Industrial Complex)
Notwithstanding the amended provisions of Article 10, cases where any deliberation by an industrial complex planning deliberation committee is being conducted pursuant to Article 15 (3) of the Act, as at the time this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 25859, Dec. 16, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (1) 1 shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 27217, Jun. 8, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27578, Nov. 8, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29356, Dec. 11, 2018>
This Decree shall enter into force on December 13, 2018.
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.