REGULATIONS ON THE ESTABLISHMENT AND OPERATION OF SMALL AND MEDIUM ENTERPRISE EXPORT SUPPORT CENTER
Wholly Amended by Presidential Decree No. 18661, Dec. 31, 2004
Amended by Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 19939, Mar. 22, 2007
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21461, Apr. 30, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 22220, jun. 28, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 23348, Dec. 6, 2011
Presidential Decree No. 24432, Mar. 23, 2013
Presidential Decree No. 24955, Dec. 11, 2013
Presidential Decree No. 25665, Oct. 22, 2014
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 28213, Jul. 26, 2017
Presidential Decree No. 29677, Apr. 2, 2019
| Article 2 (Establishment of Export Support Centers) |
Based upon consideration of regional conditions such as the locations of small and medium enterprises (hereinafter referred to as “SMEs”) under Article 2 (1) of the Framework Act on Small and Medium Enterprises or the locations of the following organs and local governments (hereinafter referred to as “export support organs”), the Minister of SMEs and Startups may establish small and medium enterprise export support centers where employees of export support organs work together (hereinafter referred to as “export support centers”) at regional SMEs and Startups offices: Provided, That the Minister of SMEs and Startups may establish an export support center at a location other than a regional SMEs and Startups office if he or she deems it especially necessary for purposes such as convenient use for SMEs. <Amended by Presidential Decree No. 19719, Oct. 27, 2006; Presidential Decree No. 19939, Mar. 22, 2007; Presidential Decree No. 20261, Sep. 10, 2007; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21461, Apr. 30, 2009; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22220, Jun. 28, 2010; Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 24432, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 27205, May 31, 2016; Presidential Decree No. 28213, Jul. 26, 2017; Presidential Decree No. 29677, Apr. 2, 2019> | 1. | Deleted; <by Presidential Decree No. 28213, Jul. 26, 2017> |
| 2. | The Ministry of SMEs and Startups; |
| 3. | Deleted; <by Presidential Decree No. 28213, Jul. 26, 2017> |
| 4. | The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province; |
| 5. | The Korea Institute of Science and Technology Information under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| Article 3 (Functions of Export Support Centers) |
Export support centers shall perform the following functions: <Amended by Presidential Decree No. 22220, Jun. 28, 2010; Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017>
| 1. | Providing information, counseling, and training on SMEs’ exports such as arranging trade transactions, export trade guarantee, trade insurance, and export-import financing; |
| 2. | Supporting export credit guarantees, trade insurance, and export-import financing; |
| 3. | Assisting in developing or improving technologies, design, and quality; |
| 4. | Diagnosing SMEs’ capabilities relating to trade activities such as the level of understanding of overseas markets and information literacy; and providing support tailored to suit such capabilities; |
| 5. | Giving opportunities for companies to share export information and cooperate mutually to be able to jointly respond to changes in the export environment; |
| 6. | Identifying difficulties faced by SMEs when engaging in trade activities, and providing support in resolving such difficulties; |
| 7. | Matters the Minister of SMEs and Startups deems necessary for assisting SMEs in trade activities. |
| Article 4 (Personnel of Export Support Centers) |
| (1) | The Minister of SMEs and Startups may request the heads of export support organs to dispatch public officials or employees under their control if necessary to facilitate the functions of an export support center. In such cases, he or she shall pre-consult with the head of the relevant export support organ. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| (2) | Upon receiving a request for dispatch of a public official or employee under paragraph (1), the head of the export support organ shall select a person suitable for the relevant role and shall dispatch such person to the export support center in the absence of special circumstances; and where he or she deems it necessary to reinstate the employee dispatched to the export support center (hereinafter referred to as “dispatched employee”) in the original position, he or she shall pre-consult with the Minister of SMEs and Startups. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| (3) | The head of the competent regional SMEs and Startups office shall also serve as the head of the relevant export support center. <Amended by Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017> |
| (4) | If necessary, the Minister of SMEs and Startups may use export-related specialists of the private sector to handle or facilitate the functions of an export support center, within the budget. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| Article 5 (Service of Dispatched Employees) |
| (1) | A dispatched employee shall perform his or her duties under the direction and supervision of the head of the export support center. |
| (2) | The head of the export support center may reinstate the dispatched employee in his or her original position in the export support organ if the dispatched employee’s conduct has been manifestly detrimental to the objectives of the dispatch. In such cases, the head of the export support center shall give advance notice of the reasons to the head of the export support organ to which the dispatched employee belongs. |
| (3) | The head of an export support center may pay dispatched employees a field survey allowance, travel costs, and other necessary expenses within the budget. |
| Article 6 (Export Support Organs Subsidizing Expenses) |
Export support organs may subsidize expenses incurred by export support centers in facilitating the latter’s functions such as establishing a computer network to facilitate their duties.
| Article 7 (Designation of Promising Export Firms and Cancellation Thereof) |
| (1) | The Minister of SMEs and Startups may designate any of the following SMEs as promising export firms: <Amended by Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | A company whose export turnover for the past year is no greater than five million US dollars (including the amounts it received under domestic letters of credit); |
| 2. | Other companies that meet the criteria determined and publicly notified by the Minister of SMEs and Startups. |
| (2) | Where a company designated as a promising export firm under paragraph (1) falls under any of the following cases, the Minister of SMEs and Startups may revoke the designation thereof: Provided, That where it falls under subparagraph 1, its designation shall be revoked: <Newly Inserted by Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it is deemed impracticable for it to continue its business operations due to reasons such as default, suspension of business operations, or closure of business. |
| (3) | Where the Minister of SMEs and Startups designates a promising export firm or revokes the designation thereof under paragraphs (1) and (2), he or she shall notify the relevant company and the head of the relevant organ of such fact. <Newly Inserted by Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017> |
| (4) | The Minister of SMEs and Startups may delegate or entrust some of his or her affairs related to designating promising export firms and revoking such designation under paragraphs (1) through (3) to the head of an export support center. <Amended by Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017> |
| (5) | Other than those prescribed in paragraphs (1) through (4), matters necessary for designating promising export firms, etc. shall be determined and publicly notified by the Minister of SMEs and Startups. <Amended by Presidential Decree No. 25665, Oct. 22, 2014; Presidential Decree No. 28213, Jul. 26, 2017> |
| Article 8 (Preferential Support for Promising Export Firms) |
Export support organs shall provide preferential support to promising export firms designated under Article 7.
| Article 9 Deleted. <by Presidential Decree No. 25665, Oct. 22, 2014> |
| Article 10 (Collaboration with Export Support Organs) |
| (1) | If the Minister of SMEs and Startups deems it necessary for facilitating the operation of export support centers, he or she may seek cooperation from the heads of export support organs as to the following (excluding export support organs that are administrative agencies among the export support organs prescribed in each subparagraph of Article 2; the same shall apply hereafter in this Article): <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| 1. | Identifying functions to be facilitated in collaboration with export support organs (hereinafter referred to as “collaborative work”) among those under Article 3; |
| 2. | Establishing an organization to perform collaborative work (hereinafter referred to as “support group”); |
| 3. | Other matters for performing collaborative work, as determined and publicly notified by the Minister of SMEs and Startups. |
| (2) | The head of an export support organ shall closely cooperate with the head of the competent export support center as to performing collaborative work and establishing and operating a support group. |
| (3) | The Minister of SMEs and Startups may fully or partially subsidize expenses incurred by export support organs in performing collaborative work, within the budget. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
| (4) | Other than those prescribed in paragraphs (1) through (3), matters necessary for performing collaborative work shall be publicly notified by the Minister of SMEs and Startups in consultation with the head of the export support organ. <Amended by Presidential Decree No. 28213, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 25665, Oct. 22, 2014]
| Article 11 (Organization and Operation of Export Support Committees) |
| (1) | The head of an export support center may establish an export support committee to consult on the following matters in connection with projects supporting exports of SMEs within his or her jurisdiction (hereinafter referred to as “export support committee”): |
| 1. | Sharing information on projects of central administrative agencies and local governments, which are implemented to support exporting; |
| 2. | Identifying matters that need cooperation among export support organs; |
| 3. | Other matters the head of an export support center deems necessary to support exports of SMEs; |
| (2) | An export support committee shall be comprised of the following members: |
| 1. | Persons in charge of supporting exports of SMEs, affiliated with an export support organ; |
| 2. | Persons who have expertise and experience in export-related affairs. |
[This Article Newly Inserted by Presidential Decree No. 25665, Oct. 22, 2014]
ADDENDUM
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Export Support Centers)
The export support centers under Article 2 of the previous Regulations on the Establishment and Operation of Small and Medium Enterprise Export Support Centers as at the time this Decree enters into force shall be deemed export support centers under Article 2 of this Decree.
Article 3 (Transitional Measures concerning Export Support Centers)
Enterprises eligible for export support designated under Article 6 of the previous Regulations on the Establishment and Operation of Small and Medium Enterprise Export Support Centers as at the time this Decree enters into force shall be deemed promising export firms designated under Article 7 of this Decree.
Article 4 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.
ADDENDA <Presidential Decree No. 19939, Mar. 22, 2007>
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. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 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. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22220, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 6, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 23348, Dec. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24432, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25665, Oct. 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28213, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
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.