ENFORCEMENT DECREE OF THE SPECIAL ACT ON PROMOTION OF SPECIAL RESEARCH AND DEVELOPMENT ZONES, ETC.
Presidential Decree No. 18969, Jul. 27, 2005
Amended by Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 19924, Mar. 9, 2007
Presidential Decree No. 20647, Feb. 22, 2008
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21215, Dec. 31, 2008
Presidential Decree No. 21461, Apr. 30, 2009
Presidential Decree No. 21539, jun. 16, 2009
Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21629, Jul. 16, 2009
Presidential Decree No. 21723, Sep. 10, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22098, Mar. 26, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22328, Aug. 11, 2010
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22449, Oct. 14, 2010
Presidential Decree No. 22851, Apr. 5, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 23529, Jan. 25, 2012
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23788, May 14, 2012
Presidential Decree No. 23993, Jul. 26, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25273, Mar. 24, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25681, Nov. 4, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26454, Aug. 3, 2015
Presidential Decree No. 27452, Aug. 16, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28865, May 8, 2018
Presidential Decree No. 29224, Oct. 16, 2018
Presidential Decree No. 29607, Mar. 12, 2019
Presidential Decree No. 29972, Jul. 9, 2019
[This Article Wholly Amended on Jul. 26, 2012]
The terms used in this Decree shall be defined as follows: <Amended on Mar. 23, 2013; Jul. 26, 2017>
| 1. | The term "undeveloped land" means land designated and publicly notified by the Minister of Science and ICT because it needs to be preserved in its natural condition in order to maintain a research environment among land in an area for educational, research and commercialization facilities owned by a resident institute; |
| 2. | The term "pilot plant" means any of the following facilities, which are prototype production facilities established by a resident institute to commercialize the outcomes of research and development: |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 3 (Scope of Public Research Institutes) |
| 2. | The Agency for Defense Development established under the Act on the Agency for Defense Development; |
| 8. | Other institutes determined and publicly notified by the Minister of Science and ICT to support the commercialization of the outcomes of research and development, which are corporations equivalent to those under subparagraphs 1 through 7. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 3-2 Deleted. <Mar. 26, 2010> |
| Article 4 Deleted. <Jul. 26, 2012> |
| Article 5 (Methods of Designating Research and Development Zones, and Requirements for Designation) |
| (1) | A special research and development zone under Article 4 (1) and (5) of the Act (hereinafter referred to as "special zone") may be designated by either of the following methods, considering its scale, etc.: |
| 1. | Creating and extensively developing a special zone in a relatively large area; |
| 2. | Creating and intensively developing a special zone in a small area. |
| (2) | Specific requirements for designating an area as a special zone by the method prescribed in paragraph (1) 1 shall be as follows: |
| 1. | The following institutions shall be located in the area to be designated as a special zone: |
| (a) | At least 40 research institutes in the fields of science and technology, including at least three national research institutes or government-funded research institutes (including branches of such institutes); |
| (b) | At least three universities, industrial colleges, or technical colleges established under the Higher Education Act and educational institutions (only applicable to those with departments of natural sciences or engineering; hereinafter referred to as "universities") with bachelor or higher courses established under other statutes; |
| 2. | A council shall exist for collaboration among universities, research institutes, and businesses; |
| 3. | An industrial complex for mass production shall exist in the relevant area or in the vicinity thereof; |
| 4. | The proportions of funds invested in research and development and of registered patents shall be higher than those in other areas; |
| 5. | The relevant area shall have adequate transportation and telecommunications facilities, infrastructure, living conditions, etc. for easy exchange and cooperation with foreign countries; |
| 6. | Research institutes in the relevant area shall have internationally competitive technology. |
| (3) | Specific requirements for designating an area as a special zone by the method prescribed in paragraph (1) 2 shall be as follows: |
| 1. | At least one public research institute that meets the requirements determined and publicly notified by the Minister of Science and ICT shall exist in the area to be designated as a special zone; |
| 2. | The agreement determined and publicly notified by the Minister of Science and ICT shall be entered into between the institute referred to in subparagraph 1 and the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant area (hereinafter referred to as a "Mayor/Do Governor"); |
| 3. | The relevant area shall meet the detailed requirements determined and publicly notified by the Minister of Science and ICT based upon the requirements for designation under paragraph (2) 2 through 6. |
| (4) | Where the Minister of Science and ICT intends to designate a special zone by the method prescribed in paragraph (1) 2, he or she shall, in advance, determine and publicly notify the extent of the total area that can be designated (referring to the area excluding that of the institutes falling under paragraph (3) 1). |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the designation and management of special zones shall be determined and publicly notified by the Minister of Science and ICT. |
[This Article Wholly Amended on May 8, 2018]
| Article 6 (Public Notice of Designation of Special Zones) |
| (1) | The Minister of Science and ICT shall give public notice of the following matters in the Official Gazette pursuant to Article 4 (7) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The name, location and surface area of a special zone; |
| 2. | The purpose for which a special zone is designated; |
| 3. | Methods of perusing relevant books; |
| 4. | A 1:5,000 topographical map indicating the location of the zone, the boundary of the zone, a land register and forests and fields; |
| 5. | The status of lot numbers and classification of land category in the zone; |
| 6. | Other matters deemed necessary by the Committee for Special Research and Development Zones established under Article 7 of the Act. |
| (2) | Where the designation of a special zone is fully or partially canceled under Article 5 (4) or 5-2 (2) of the Act, the Minister of Science and ICT shall give public notice of the following matters in the Official Gazette: <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 16, 2018> |
| 1. | The name, location and surface area of a special zone to be cancelled; |
| 2. | Grounds for the cancellation of designation as a special zone; |
| 3. | Methods of perusing relevant books; |
| 4. | A 1:5,000 topographical map indicating the location of the zone, the boundary of the zone, a land register, and forests and fields; |
| 5. | The status of lot numbers and classification of land category in the zone; |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 6-2 (Alteration of Special Zones) |
| (1) | Pursuant to Article 4-2 (1) of the Act, a Mayor/Do Governor may request the Minister of Science and ICT to alter a special zone, following a change in the area or location of the special zone, to the extent that such alteration does not cause any change in the objectives of the special zone. |
| (2) | "Where a modification is made to any minor matters specified by Presidential Decree" in the proviso of Article 4-2 (2) of the Act means any of the following: |
| 1. | A correction of an error in the area, due to mistake, etc., or of such an error as a discrepancy in boundaries; |
| 2. | A change in the area or location of a special zone, following the relocation or extension of the building site directly used by an institution referred to in Article 5 (2) 1 or an institution falling under Article 5 (3) 1: Provided, That in cases of relocation of the building site, a modification may be made only where the requirements under Article 4 (2) 1 of the Act are made stricter. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 7 (Comprehensive Plans to Promote Special Zones) |
| (1) | Upon receipt of a request for consultation made under Article 6 (3) of the Act, the heads of related central administrative agencies and the competent Mayor/Do Governor shall submit his or her opinion within 20 days. <Amended on May 8, 2018> |
| (2) | Where the Minister of Science and ICT finalizes or revises the comprehensive plan to promote special zones (hereinafter referred to as "comprehensive plan to promote special zones") formulated under Article 6 (1) of the Act pursuant to Article 6 (3) of the Act, he or she shall publicly notify grounds for, and details of, such finalization or revision. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 7-2 (Special Zone Development Plans) |
| 1. | The period for implementation of a special zone development project (hereinafter referred to as a "special zone development project") prescribed in Article 6-2 (2) 4 of the Act; |
| 2. | A plan for connected development between areas subject to a special zone development project; |
| 3. | A plan for cultural facilities, parks, and greenbelts; |
| 4. | An urban landscape plan; |
| 5. | A plan for underground utilities, such as utility tunnels; |
| 6. | Matters concerning major facilities to be built in a special zone and standards for installing them; |
| 7. | Feasibility study of an infrastructure plan, such as major social overhead capital necessary for the development of a special zone. |
| (2) | "Where he or she intends to revise any minor matter prescribed by Presidential Decree" in the proviso of Article 6-2 (4) of the Act means any of the following: <Amended on Aug. 4, 2014> |
| 1. | A change in the area of a special zone development project or the area for a specific use in accordance with a land use plan by less than 10 percent or by less than 30,000 square meters; |
| 2. | A change in the size of each facility in a major infrastructure plan by less than 50 percent; |
| 3. | A change in the number of population to be accommodated by less than 10 percent; |
| 4. | A revision to details of a major infrastructure plan due to topographical or geological conditions; |
| 5. | A change in the name and address of the implementer of a special zone development project (referring to the name and address of the corporation and the name of its representative, if the implementer is a corporation; hereinafter referred to as a "project implementer"). |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 7-3 (Exception of Consultation in Developing Regions without Special Zone Development Plans) |
"Permission, authorization, etc. of small scale development prescribed by Presidential Decree, including building permission granted under Article 11 of the Building Act" in the proviso of Article 6-3 of the Act means any of the following permission, authorization, designation, approval, etc.: | 1. | Building permission under Article 11 of the Building Act, a building report under Article 14 of said Act, permission for revision or reporting of revision under Article 16 of said Act, permission for, or reporting of, the change of use under Article 19 of said Act, permission or reporting of a temporary building under Article 20 of said Act, reporting of the commencement of construction works under Article 21 of said Act and approval for use of a building under Article 22 of said Act; |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 8 (Organization of Committee for Special Research and Development Zones) |
| (1) | The Vice Chairperson of the Committee for Special Research and Development Zones established under Article 7 of the Act (hereinafter referred to as the "Committee") shall be elected from among the members commissioned under Article 7 (5) of the Act. |
| (2) | "Persons prescribed by Presidential Decree" in Article 7 (4) of the Act means the following persons. In such cases, where an agency has two or more public officials at the rank of Vice Minister, the term means a person designated by the head of the relevant agency: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Vice Minister of Economy and Finance; |
| 2. | The Vice Minister of National Defense; |
| 3. | The Vice Minister of the Interior and Safety; |
| 4. | The Vice Minister of Agriculture, Food and Rural Affairs; |
| 5. | The Vice Minister of Trade, Industry and Energy; |
| 6. | The Vice Minister of Health and Welfare; |
| 7. | The Vice Minister of Environment; |
| 8. | The Vice Minister of Employment and Labor; |
| 9. | The Vice Minister of Land, Infrastructure and Transport. |
| (3) | The Chairperson of the Committee shall commission commissioned members prescribed in Article 7 (5) of the Act from among experts in the field related to special zones, such as research and development, environment, foreign investment, commercialization of technology, business management and urban policies. |
| (4) | The term of office of members commissioned under paragraph (3) shall be two years. |
| (5) | Where a commissioned member’s position becomes vacant, the Chairperson of the Committee shall commission a new member, and the term of office of the new member commissioned to fill a vacancy shall be counted from the date of commission. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 9 (Operation of Committee for Special Research and Development Zones) |
| (1) | The Chairperson of the Committee (hereinafter referred to as the "Chairperson") shall represent the Committee and have general supervision and control of its affairs. |
| (2) | The Vice Chairperson shall assist the Chairperson, and shall act on behalf of the Chairperson if he or she is unable to perform his or her duties due to any unavoidable cause. |
| (3) | The Chairperson shall convene and preside over meetings of the Committee. |
| (4) | When the Chairperson convenes a meeting of the Committee, he or she shall notify members of the date, time, venue, objectives, etc. of the meeting in writing by not later than seven days prior to the opening of the meeting: Provided, That this shall not apply to urgent cases. |
| (5) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (6) | The Committee shall have one secretary to conduct its affairs and the Minister of Science and ICT shall appoint the secretary from among public officials working for the secretariat (hereinafter referred to as "Secretariat") established under Article 7 (6) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 10 (Hearing of Opinions) |
| (1) | The head of a central administrative agency, other than an ex officio member, may attend a meeting of the Committee and speak at the meeting, where necessary. |
| (2) | Where deemed necessary for deliberation, the Committee may require a Mayor/Do Governor or interested parties to attend its meeting, and hear their opinions. |
[This Article Wholly Amended on Jul. 26, 2012]
The Committee may reimburse members of the Committee, etc. for allowances and travel expenses within the budget: Provided, That this shall not apply where a public official member attends a meeting in direct connection with his or her affairs.
[This Article Wholly Amended on Jul. 26, 2012]
| Article 12 (Affairs of Secretariat) |
| (1) | Where deemed necessary for conducting the affairs of the Secretariat, the Minister of Science and ICT may request the dispatch of public officials affiliated with related administrative agencies and executive officers or employees of related institutions, organizations, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Secretariat shall perform the following duties: <Amended on Mar. 23, 2013> |
| 1. | Formulate and plan policies and systems regarding special zones; |
| 2. | Administer the legislative system regarding special zones; |
| 3. | Consult about the comprehensive plans to promote special zones; |
| 4. | Assist in operating the Committee, such as the preparation of agenda items for meetings of the Committee; |
| 5. | Survey data, public relations and international cooperation regarding special zones; |
| 6. | Consult with related agencies regarding the operation and promotion of special zones; |
| 7. | Establish a system for improving the living conditions of special zones. |
[This Article Wholly Amended on Jul. 26, 2012]
[Title Amended on Aug. 23, 2013]
| Article 12-2 (Evaluation of Performance of Each Special Zone) |
| (1) | The Minister of Science and ICT may formulate a master plan to conduct a comprehensive evaluation for each special zone under Article 7-2 of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT conducts a comprehensive evaluation for each special zone pursuant to Article 7-2 (1) of the Act, he or she shall take into consideration the performance of projects in each special zone, the degree of satisfaction of members constituting each special zone, a related local government’s contribution to the development of each special zone and other matters. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT conducts a comprehensive evaluation pursuant to Article 7-2 (1) of the Act, he or she shall notify the relevant local government of the results of the comprehensive evaluation and shall disclose the results thereof on the web-site, etc. pursuant to Article 7-2 (2) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for criteria and procedures for comprehensive evaluations, methods for disclosure of the results of comprehensive evaluations, and other matters shall be prescribed and publicly notified by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Newly Inserted on Jul. 26, 2012]
[Previous Article 12-2 Moved to Article 12-3 <Jul. 26, 2012>]
| Article 12-3 (Requirements for Designation as Advanced Technology Corporations) |
| (1) | "Field of technology prescribed by Presidential Decree" in Article 9 (1) 1 of the Act means either of the following fields: <Amended on Mar. 23, 2013; Mar. 12, 2019> |
| 2. | Advanced technologies and advanced products publicly notified by the Minister of Science and ICT, taking into consideration technological intensity, the speed of technological innovation, the effect of creating high added value, etc. |
| (2) | "Standards prescribed by Presidential Decree" in Article 9 (1) 4 of the Act means the following standards. In such cases, the annual gross sales that apply to subparagraphs 1 and 2 shall be the total sales for the four quarters immediately preceding a quarter in which an application for designation as an advanced technology corporation is filed, and if at least two quarters have passed but one year has not passed since the foundation of a corporation, the annual gross sales of the corporation shall be the total sales for quarters immediately preceding a quarter in which an application for designation as an advanced technology corporation is filed: <Amended on Mar. 12, 2019> |
| 1. | The ratio of a company’s research and development expenses (referring to expenses eligible for a tax credit for research and manpower development expenses classified in attached Table 6 of the Enforcement Decree of the Restriction of Special Taxation Act and expenses for the acquisition of research and testing facilities to be directly used by a department exclusively responsible for research and development under the same Table; hereinafter the same shall apply) to its annual gross sales shall not be lower than the applicable rate among the following rates: Provided, That the upper limit of expenses for the acquisition of research and testing facilities shall be 60 percent of the applicable rate among the following rates: |
| (a) | Where annual gross sales are less than 5 billion won: 5 percent; |
| (b) | Where annual gross sales are not less than 5 billion won but are less than 20 billion won: 4 percent; |
| (c) | Where annual gross sales are 20 billion won or more: 3 percent; |
| 2. | The ratio of a company’s sales of products produced and sold as provided for in Article 9 (1) 2 of the Act shall be at least 20 percent of the annual gross sales. |
[This Article Wholly Amended on Jul. 26, 2012]
[Moved from Article 12-2; Previous Article 12-3 Moved to Article 12-4 <Jul. 26, 2012>]
| Article 12-4 (Procedures for Designation as Advanced Technology Corporations) |
| (1) | A company that intends to be designated as an advanced technology corporation pursuant to Article 9 (1) of the Act shall file an application for designation as an advanced technology corporation, accompanied by documents evidencing that it meets all the requirements referred to in Article 9 (1) of the Act, with the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Upon receipt of an application for designation as an advanced technology corporation filed under paragraph (1), the Minister of Science and ICT shall designate the relevant company as an advanced technology corporation if it is deemed to meet all the requirements referred to in Article 9 (1) of the Act; and shall issue a letter of designation as an advanced technology corporation. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The designation as an advanced technology corporation granted under paragraph (2) shall be valid for two years from the date of designation. |
| (4) | Unless otherwise provided in paragraphs (1) through (3), matters necessary for procedures for designation as advanced technology corporations shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
[Moved from Article 12-3; Previous Article 12-4 Moved to Article 12-5 <Jul. 26, 2012>]
| Article 12-5 (Revocation of Designation as Advanced Technology Corporations) |
[This Article Wholly Amended on Jul. 26, 2012]
[Moved from Article 12-2 <Jul. 26, 2012>]
| Article 13 (Registration of Research Companies) |
| (1) | "Company which shall meet the standards prescribed by Presidential Decree" in Article 9-3 (1) 3 of the Act means a company specializing in new technology start-up, at least 50 percent of its stocks (including shares; hereinafter the same shall apply) is held by a public research institute. |
| (2) | Any institution or company referred to in the subparagraphs of Article 9-3 (1) of the Act may invest any of the following assets, information or rights to establish a research company: |
| 1. | An intellectual property right and knowhow; |
| 4. | Research facilities and equipment and materials; |
| 5. | Other transferable assets. |
| (3) | An institution or company that intends to file for registration as a research company under Article 9-3 (2) of the Act shall file an application for registration as a research company in the form prescribed by Ordinance of the Ministry of Science and ICT, accompanied by the following documents, with the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall confirm the corporate registration certificate through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The articles of incorporation; |
| 2. | Documents concerning the status of human resources and facilities held; |
| 3. | Documents concerning the stock holding ratios and details thereof; |
| 4. | The business plan (including the feasibility study). |
| (4) | Where any of the following is revised among matters registered under paragraph (3), a research company shall file an application for registration of revision, accompanied by documents evidencing such revision, with the Minister of Science and ICT, within 30 days from the date of revision pursuant to the latter part of Article 9-3 (2) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 2. | The location of the head office; |
| 1. | Where the capital of a research company is less than one billion won: 20 percent; |
| 2. | Where the capital of a research company is not less than one billion won but less than five billion won: 15 percent; |
| 3. | Where the capital of a research company is not less than five billion won: 10 percent. |
| (6) | Unless otherwise provided in paragraphs (1) through (5), matters necessary for procedures for registration of research companies and other matters shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 14 (Use of Profits) |
| (1) | The head of a public research institute shall distribute the rewards under Article 9-3 (5) of the Act, out of profits from investment in a research company and retained earnings (hereafter in this Article referred to as "profits, etc."), at either of the following rates determined by considering the amount of accrued profits, etc.: |
| 1. | Rewards to personnel and departments that have contributed to the development of technology: Not less than 50/100 but less than 90/100 of profits, etc.; |
| 2. | Rewards to personnel and departments that have contributed to commercialization: Not less than 10/100 but less than 50/100 of profits, etc. |
| (2) | The head of a public research institute may formulate internal guidelines for matters necessary for payment of rewards under Article 9-3 (5) of the Act. |
[This Article Wholly Amended on Oct. 16, 2018]
| Article 14-2 (Revocation of Registration of Research Companies) |
| (1) | "If it fails to meet the stock holding ratio specified by Presidential Decree" in Article 9-4 (1) 2 of the Act means where the ratio of stock of the relevant research company held solely or jointly by an institution or company referred to in any subparagraph of Article 9-3 (1) of the Act ceases to reach the ratio specified in any subparagraph of Article 13 (5) (or 10 percent, if a registered research company has increased its capital for investment in the development of technology). <Amended on Nov. 4, 2014; May 8, 2018> |
| (2) | Where a research company’s stock holding ratio is not less than five percent as referred to in the proviso of Article 9-4 (1) of the Act, the revocation of registration of the research company may be suspended for five years from the date when the stock holding ratio becomes lower than the ratio specified in paragraph (1). <Newly Inserted on Nov. 4, 2014> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 15 (Strengthening Exchanges and Cooperation among Universities, Research Institutes, and Companies in Special Zones) |
| 1. | Joint research and development among universities, research institutes and enterprises; |
| 2. | Promotion of transactions of technologies held by universities and research institutes. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 16 (Methods for Entering into Contracts) |
| 2. | A summary of research tasks; |
| 3. | Methods for use, management and payment of research and development funds; |
| 4. | Reporting of the outcomes of research and development; |
| 5. | Reversion and utilization of the outcomes of research and development; |
| 6. | Collection of royalties for the utilization of the outcomes of research and development; |
| 7. | Commercialization of the outcomes of research and development; |
| 8. | Measures to be taken based on evaluations of the outcomes of research and development; |
| 9. | Revision and cancellation of the contract; |
| 10. | Measures to be taken for any violation of the contract; |
| 11. | Other matters involved in research and development. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 17 (Payment, Use, and Management of Contributions) |
Articles 12, 12-2, 12-3 and 19 of the Regulations on Management of National Research and Development Projects shall apply mutatis mutandis to the payment, use and management of contributions under Article 12 (3) of the Act. [This Article Wholly Amended on Jul. 26, 2012]
| Article 18 (Use of, Benefitting from, Lending of State Property) |
| (1) | Use fees and rents for State property under Article 15 (4) of the Act shall be an amount calculated by multiplying the value of the relevant land by the rate of at least one percent. |
| (2) | The deadline for payment of the purchase price of State property may be deferred within one year or such purchase price may be paid in installments within 20 years under Article 15 (5) of the Act. In such cases, the interest rate that applies to the installment period for payment shall not exceed four percent a year. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 19 (Special Cases concerning the Monopoly Regulation and Fair Trade Act) |
| (1) | Where the Minister of Science and ICT intends to be eligible for special cases as prescribed in Article 16 (1) of the Act, he or she shall file an application stating the following matters with the Fair Trade Commission: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Necessity for application of special provisions; |
| 2. | The name, address (where a participating business entity is a corporation, referring to the name and address of the corporation and the name and address of its representative) and seat of a place of business of business entities who intend to participate in joint research and technical development (hereinafter referred to as "participating business entity"); |
| 3. | Details of joint research and technical development and relationship to projects included in the comprehensive plan to promote special zones; |
| 4. | A period intended for joint research and technical development; |
| 5. | Details of projects of participating business entities. |
| (2) | The application filed under paragraph (1) shall be accompanied by the following documents: |
| 1. | Business reports, balance sheets and profit and loss statements of participating business entities for the past two years; |
| 2. | A copy of the agreement for joint research and technical development; |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 20 (Assistance to Research Groups for Each Field of Technology) |
Details of assistance to research groups for each field of technology provided under Article 21 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Jul. 26, 2017> | 1. | Service for shared utilization of research facilities and equipment; |
| 2. | Dissemination of domestic and overseas technical information; |
| 3. | Public relations about technical development and improvement; |
| 4. | Expenses incurred in conducting activities deemed necessary by the Minister of Science and ICT. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 20-2 Deleted. <Aug. 3, 2015> |
| Article 21 (Operation of Ombudsman System) |
| (1) | The term of office of an ombudsman (hereinafter referred to as "ombudsman") commissioned under Article 25 of the Act shall be three years. |
| (2) | Ombudsmen shall conduct the following affairs: |
| 1. | Support for solving problems faced by foreign-invested enterprises and foreigners taking occupancy in a special zone; |
| 2. | Collecting information on grievances in management of foreign-invested enterprises taking occupancy in a special zone; |
| 3. | Collecting information on grievances of foreigners in a special zone regarding their living therein; |
| 4. | Formulating a plan to improve matters referred to in subparagraphs 2 and 3 and making recommendations to related administrative agencies to execute such plan. |
| (3) | Ombudsmen may request cooperation from a related administrative agency in conducting the affairs under paragraph (2), and the related administrative agency in receipt of a request for cooperation shall notify the ombudsmen of its opinion thereon within seven days. |
| (4) | Ombudsmen shall analyze the grievance handling record in each quarter and report the results thereof to the Minister of Science and ICT within one month after each quarter expires. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 22 (Project Implementers) |
| (1) | "Person who meets the requirements prescribed by Presidential Decree" in Article 26 (1) 4 of the Act means any of the following persons: |
| 1. | Either of the following persons who intends to establish facilities suitable for a special zone development project and take occupancy therein: |
| (a) | A person who intends to directly develop a site for industrial and research facilities, etc.; |
| (b) | A person who intends to develop a site for industrial and research facilities and directly use part of such site for facilities suitable for a special zone development project, and supply the rest of such site to those who wishes to take occupancy in the special zone; |
| 2. | A person whose business for general construction works (only applicable to civil works and civil and building works) has been registered pursuant to the Framework Act on the Construction Industry, whose announced execution capacity evaluated in the relevant year exceeds the annual average project costs (excluding costs for compensation) of a special zone development project. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 23 (Implementation of Special Zone Development Project on Behalf of Project Implementers) |
| (1) | A person who intends to implement part of a special zone development project on behalf of a project implementer pursuant to Article 26 (3) of the Act shall file an application therefor, stating the following details, with the relevant special zone development project: |
| 1. | The name (in the case of a corporation, the name of the corporation and the name of its representative) and address of a person who intends to implement the special zone development project on behalf of the project implementer; |
| 2. | The name and location of the special zone development project he or she intends to implement on behalf of the project implementer and the surface area of land on which such project is executed; |
| 3. | A project plan stating the following matters regarding the implementation of the special zone development project on behalf of the project implementer: |
| (a) | Objectives of the project; |
| (b) | The type and outline of the project; |
| (c) | A period for the implementation of the project; |
| 5. | A land utilization plan and a location map. |
| (2) | Upon receipt of an application filed under paragraph (1), the project implementer may authorize the applicant to implement part of a special zone development project, including a project to create a site for industrial and research facilities to be used by such applicant among the special zone development projects, where it is necessary to simultaneously implement the special zone development project and establish industrial and research facilities, or where deemed necessary to facilitate executing the special zone development project. |
| (3) | Where a project implementer intends to authorize a person who will take occupancy in a special zone to implement part of a special zone development project on his or her behalf, he or she shall enter into a contract for the execution of the special zone development zone on his or her behalf. |
| (4) | A project implementer shall direct and supervise a person who implements a special zone development project on his or her behalf, with whom he or she has entered into a contract pursuant to paragraph (3), so that he or she may conscientiously implement the special zone development project according to the relevant comprehensive plan to promote special zones and the terms and conditions of the contract. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 23-2 (Revocation of Designation of Project Implementers) |
"Period prescribed by Presidential Decree" in Article 26-2 (1) 4 of the Act means a period of two years from the date a person is designated and announced as a project implementer. [This Article Newly Inserted on Jul. 26, 2012]
| Article 24 (Approval of Implementation Plans) |
| 1. | The name of a special zone development project; |
| 2. | Objectives of a special zone development project; |
| 3. | The location where a special zone development project to be implemented and the surface area thereof; |
| 4. | The name (where a project operator is a corporation, the name of the corporation and the name of its representative) and address of a project implementer; |
| 5. | The method and period for the implementation of a special zone development project; |
| 6. | The Status of the utilization of land in an area where a special zone development project is to be implemented; |
| 7. | A land utilization plan and an infrastructure plan; |
| 8. | A plan for re-investment of development gains. |
| (2) | "Mayor/Do Governor prescribed by Presidential Decree" in the former part of Article 27 (1) of the Act means the Mayor/Do Governor having jurisdiction over the relevant special zone. |
| (3) | Where a project implementer intends to obtain approval of an implementation plan of a special zone development project (hereinafter referred to as "implementation plan") or approval for any revision thereto pursuant to Article 27 (1) of the Act, he or she shall submit an application for approval of (or revision to) an implementation plan, accompanied by the following documents and drawings. In such cases, the Mayor/Do Governor (where a project implementer and a person who has the authority to approve an implementation plan are the same person, the Minister of Science and ICT) shall confirm a cadastral map through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: <Amended on Mar. 23, 2013; Aug. 3, 2015; Jul. 26, 2017> |
| 2. | A planned ground plan and detail drawings and plans (where the reclamation of public water is included, including an explanation of reclamation works); |
| 3. | Project costs and a funding plan (including an annual investment plan); |
| 4. | A plan for the management and disposal of land or facilities to be developed; |
| 5. | A detailed statement of the existing plants, buildings, etc. to be retained in an area where a special zone development project is implemented; |
| 6. | Documents concerning the acquisition of, and compensation for land, etc. (referring to land, etc. as defined in subparagraph 1 of Article 2 of the Act on Acquisition of and Compensation for Land for Public Works Projects; hereinafter the same shall apply) in an area where a special development project is implemented; |
| 7. | A plan for gratuitous reversion and substitution of public facilities; |
| 8. | A detailed calculation sheet of expenses incurred in establishing public facilities to be vested in the State or a local government and a written evaluation of the existing public facilities to be vested in or transferred to a project implementer (only applicable where a project implementer is not an administrative agency); |
| 9. | A plan for implementation of a special zone development project on behalf of the project implementer (if such plan exists); |
| 10. | Related documents and drawings necessary to determine Si/Gun management planning (including a district-unit plan referred to in Article 27 (4) of the Act); |
| 12. | Documents stating the locations, lot numbers, land categories, surface area, the details of ownership to land, etc. to be expropriated or used, rights other than ownership, the names and addresses of owners and right-holders; |
| 13. | A written opinion notified by the Promotion Foundation of Special Research and Development Zones (hereinafter referred to as the "Promotion Foundation") under Article 46 (1) of the Act pursuant to paragraph (4). |
| (4) | Upon receipt of a request for consultation about an implementation plan which includes matters referred to in paragraph (1), the Promotion Foundation shall notify the relevant project implementer of its opinion within seven days after examining whether the implementation plan is compliance with the special zone management plan (hereinafter referred to as "special zone management plan") formulated under Article 34 of the Act. |
| (5) | Deleted. <Aug. 3, 2015> |
| (6) | Deleted. <Aug. 3, 2015> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 25 (Public Notifice of Approval of Implementation Plans) |
Matters to be publicly notified by the Mayor/Do Governor in the relevant public report pursuant to the main sentence of Article 28 (1) of the Act or matters to be publicly notified by the Minister of Science and ICT in the Official Gazette under the proviso of the same paragraph shall be as follows: <Amended on Aug. 3, 2015; Jul. 26, 2017> | 1. | The name of a special zone development project; |
| 2. | Objectives and the outline of a special zone development project; |
| 3. | The location and surface area of an area where a special zone development project is implemented; |
| 4. | The name (where a project implementer is a corporation, the name of the corporation and the name of its representative) and address of a project implementer; |
| 5. | The method and period for the implementation of a special zone development project; |
| 6. | Details of land, etc. to be expropriated or used. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 25-2 (Organization and Operation of Council on Special Zone Development Projects) |
| (1) | The Council on Special Zone Development Projects (hereafter referred to as the "Council on Special Zone Development Projects" in this Article) established under Article 29-2 (2) of the Act shall be comprised of public officials of related administrative agencies and related departments that grant permission, authorization, designation or approval, hold consultations, file reports, etc. (hereafter referred to as "approval, permission, etc." in this Article) under Article 29 (1) of the Act. |
| (2) | Where the Mayor/Do Governor intends to hold a meeting of the Council on Special Zone Development Projects, he or she shall inform the heads of related administrative agencies under Article 29 (2) of the Act of the meeting by three days before holding of the meeting. |
| (3) | The heads of related administrative agencies under Article 29 (2) of the Act shall submit their opinions on the agenda items of approval, permission, etc. at the meeting of the Council on Special Zone Development Projects: Provided, That where it is impracticable for the heads of related administrative agencies under Article 29 (2) of the Act to submit their opinions on the relevant approval, permission, etc. at the meeting of the Council on Special Zone Development Projects as reviews of statutes and regulations and additional reviews for the confirmation, etc, of facts are required, they may submit their opinions within five days after holding the meeting of the Council on Special Zone Development Projects. |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 26 (Completion Inspection) |
| (1) | Where a project implementer intends to undergo a completion inspection pursuant to Article 32 (1) of the Act, he or she shall prepare an application for completion inspection stating the following matters and file the application with the competent Mayor/Do Governor after consulting with the Promotion Foundation: |
| 1. | The name and address of a project implementer (where the project implementer is a corporation, the name of the corporation and the name of its representative); |
| 2. | The name of a special zone development project; |
| 3. | The location and surface area of an area where a special zone development project is implemented; |
| 4. | The period for the implementation of a project. |
| (2) | An application for completion inspection filed under paragraph (1) shall be accompanied by the following documents and drawings: <Amended on Aug. 31, 2016> |
| 1. | As-built drawings and documents (including as-built photographs); |
| 2. | A cadastral surveying map issued by the head of a Si/Gun/Gu (referring to the head of an autonomous Gu); |
| 3. | A plan for the management and disposition of land or facilities; |
| 4. | A report on the reversion of public facilities and the drawings thereof (including an appraisal report prepared by an appraiser under the Act on Appraisal and Certified Appraisers on public facilities, land, etc. the use of which has been abolished, and a detailed calculation statement of construction costs of public facilities newly established, if a project implementer is the one referred to in Article 26 (1) 2 through 6 of the Act); |
| 5. | Comparison of a new and old cadastral maps; |
| 7. | A written opinion notified by the Promotion Foundation notifies under paragraph (3). |
| (3) | Upon receipt of a request for consultation made under paragraph (1), the Promotion Foundation shall examine whether the application for completion inspection complies with the relevant implementation plan and notify the project implement of its opinion within seven days. |
| (4) | Upon receipt of an application for completion inspection filed under paragraph (1), the Mayor/Do Governor shall determine a schedule for the completion inspection and notify the head of a related central administrative agency who will take charge of, or manage public facilities included in the application for completion inspection by no later than five days prior to the date of inspection, and the head of the related central administrative agency who intends to participate in the completion inspection shall request his or her participation by the day before the date of completion inspection. |
| (5) | Where the Mayor/Do Governor confirms that a special zone development project has been completed in compliance with the relevant implementation plan approved or revised pursuant to Article 27 of the Act after conducting a completion inspection, he or she shall issue a completion inspection certificate to the relevant project implementer and publicly announce the following matters: |
| 1. | The name of a special zone development project; |
| 2. | The name and address of the project implementer (where the project implementer is a corporation, the name of the corporation and the name of its representative); |
| 3. | The location and surface area of an area where the special zone development project is implemented; |
| 4. | The date, month and year of approval of completion; |
| 5. | A plan for the management and disposal of land and facilities. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 27 (Use of Land before Completion Inspections) |
| (1) | Where a person who has purchased a parcel of land developed or any facility established by a special zone development project intends to use such parcel of land or facility before the completion inspection pursuant to the proviso of Article 32 (3) of the Act, he or she shall file an application for permission for use before final inspection by defining the scope of the use thereof with the Mayor/Do Governor. |
| (2) | Upon receipt of an application for use before completion inspection filed under paragraph (1), the Mayor/Do Governor may permit the use before completion inspection if he or she deems that the use of a parcel of land or facility does not hinder the relevant special zone development project after hearing the opinion of the relevant project implementer. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 27-2 (Re-Investment of Development Gains) |
| (1) | A project implementer shall determine the limits of development gains he or she should reinvest pursuant to Article 32-2 (1) of the Act in consultation with the Mayor/Do Governor between 25 and 50 percent of development gains accrued from the relevant special zone development project. |
[This Article Newly Inserted on Jul. 26, 2012]
[Previous Article 27-2 Moved to Article 27-3 <Jul. 26, 2012>]
| Article 27-3 (Priority Support for Infrastructure) |
Where the State or a local government gives priority to supporting the construction of infrastructure pursuant to the main sentence of Article 33 of the Act, infrastructure eligible for support shall be pre-deliberated upon by the Committee. [This Article Wholly Amended on Jul. 26, 2012]
[Moved from Article 27-2; previous Article 27-3 moved to Article 27-4 <Jul. 26, 2012>]
| Article 27-4 (Subsidizing Expenses) |
| 1. | Expenses incurred in purchasing a site or constructing facilities, etc. in a special zone created for the purpose of leasing land, facilities, etc.; |
| 2. | Other expenses deliberated and resolved upon by the Committee as deemed necessary for a special zone development project. |
| (2) | The State or a local government may subsidize expenses referred to in paragraph (1) up to 50 percent thereof after deliberation and resolution thereon by the Committee. |
[This Article Wholly Amended on Jul. 26, 2012]
[Moved from Article 27-2 <Jul. 26, 2012>]
| Article 28 (Modification to Minor Matters of Special Zone Management Plans) |
"Modification to minor matters prescribed by Presidential Decree" in the proviso of Article 34 (1) of the Act means any of the following: <Amended on May 8, 2018> | 1. | A correction of the surface area due to an error, etc. within the extent that does not change the location or boundary of a special zone or a correction of an error, such as a discrepancy in boundaries; |
| 2. | A revision to the surface area or size of infrastructure, such as service water, energy, communications, transportation and distribution facilities, by up to 10 percent; |
| 3. | A correction of an error in the use of land, due to an error, etc. in zoning the land in a special zone, based on its usage or a change of the use of parcels of land with an area of not greater than 660 square meters to adjust boundaries of land; |
| 4. | An alteration of undeveloped land; |
| 5. | An amendment to a special zone management plan, following an amendment of any minor matter in the relevant special zone development plan under Article 7-2 (2); |
| 6. | An amendment to a special zone management plan, following the approval of an implementation plan or of an amendment to an implementation plan. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 29 (Subdivision of Residential Areas and Areas for Industrial Facilities) |
| (1) | Pursuant to Article 35 (2) of the Act, the Minister of Science and ICT may further divide residential areas referred to in Article 35 (1) 1 and areas for industrial facilities referred to in subparagraph 5 of the same paragraph as follows: <Amended on Mar. 23, 2013; Aug. 3, 2015; Jul. 26, 2017; May 8, 2018> |
| 1. | Residential areas: Exclusive residential areas, general residential areas and quasi-residential areas; |
| 2. | Areas for industrial facilities: |
| (a) | Industrial development areas: Areas necessary for production and research activities of advanced technology enterprises, etc.; |
| (b) | Areas for supporting industries: Areas necessary to encourage and support production and research activities in industrial development areas; |
| (c) | Industrial complex areas: Areas necessary to perform multiple functions of conducting, facilitating, and supporting manufacturing and research activities of advanced technology enterprises, etc. |
| (2) | In cases of an industrial complex area under paragraph (1) 2 (c), the area of land for industrial facilities under the Industrial Sites and Development Act shall be at least 50/100 of the total area. <Newly Inserted on May 8, 2018> |
[This Article Wholly Amended on Jul. 26, 2012]
[Title Amended on Aug. 3, 2015]
| Article 30 (Regulation on Building Activities) |
| 1. | An exclusive residential area: Buildings prescribed in attached Table 1; |
| 2. | An ordinary residential area: Buildings prescribed in attached Table 2; |
| 3. | A quasi-residential area: Buildings prescribed in attached Table 3; |
| 4. | A commercial area: Buildings prescribed in attached Table 4; |
| 5. | A green area: Buildings prescribed in attached Table 5; |
| 6. | An area for educational, research and commercialization facilities: Buildings prescribed in attached Table 6; |
| 7. | An industrial development area: Buildings prescribed in attached Table 7; |
| 8. | An area for supporting industries: Buildings prescribed in attached Table 7-2; |
| 9. | An industrial complex area: Buildings prescribed in attached Table 7-3. |
| (2) | Notwithstanding paragraph (1), if the Minister of Science and ICT deems it necessary in any of the following cases, he or she may exempt the case from being subject to the regulation prescribed in paragraph (1), after deliberation by related experts under Article 33 (2): <Newly Inserted on May 8, 2018> |
| 2. | Where a Mayor/Do Governor requests exemption in order to attain the objectives of designating a special zone, such as fostering of new industries and new technology. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 31 (Buildings Subject to Examination of Design) |
"Building in excess of the size prescribed by Presidential Decree" in Article 36 (2) of the Act means a building with at least 5,000 square meters’ total floor area or at least 16 floors. [This Article Wholly Amended on Jul. 26, 2012]
| Article 32 (Requirements for Approval for Taking Occupancy in Areas for Educational, Research and Commercialization Facilities) |
A person who intends to take occupancy in an area for educational, research and commercialization facilities pursuant to Article 37 of the Act shall be any of the following persons: <Amended on Mar. 23, 2013; Jul. 26, 2017> | 1. | Any of the following entities, the main business of which is to conduct research on science and technology or educational activities: |
| (a) | A government-funded research institute; |
| (d) | An industrial technology research cooperatives established under the Act on the Support of Industrial Technology Research Cooperatives; |
| (e) | A national or public research institute; |
| (f) | Korea Institute for Advancement of Technology, Korea Evaluation Institute of Industrial Technology, Korea Institute of Ceramic Engineering and Technology, Korea Testing Laboratory, and a specialized manufacturing technology research institute under the Industrial Technology Innovation Promotion Act; |
| (g) | A corporate research institution in the field of science and technology incorporated under the Civil Act or other statutes; |
| (h) | An exhibiting institution for public viewing in the field of science and technology; |
| (i) | A foreign institution that performs functions similar to those of institutions referred to in items (a) through (h); |
| 2. | A small and medium enterprise whose research and development funds account for at least five percent of its annual gross sales; |
| 3. | A person who intends to start a technology-intensive small and medium enterprise to commercialize the outcomes of research and development or a person whose main business is to support such business startup; |
| 5. | A corporation incorporated under the Civil Act or other statutes, and deemed necessary for commercializing the outcomes of research and development by the Minister of Science and ICT; |
| 6. | An advanced technology corporation or research enterprise; |
| 7. | A person deemed necessary, by the Minister of Science and ICT, for promoting the welfare of persons working for resident institutions and the operation and management of such institutions. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 33 (Applications for Approval for Taking Occupancy) |
| (1) | A person who intends to obtain approval for taking occupancy in a special zone under Article 37 of the Act shall file an application for approval for taking occupancy in the special zone, stating the following matters, with the Minister of Science and ICT, and the application shall be accompanied by documents prescribed by Ordinance of the Ministry of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Purposes of taking occupancy in the special zone; |
| 2. | Matters concerning the location and total surface area of a site in which he or she intends to take occupancy, and a land utilization plan; |
| 3. | Matters concerning a plan to establish educational, research and commercialization facilities, etc. |
| (2) | Upon receipt of an application for taking occupancy in a special zone filed under paragraph (1), the Minister of Science and ICT may require related experts to deliberate on the feasibility of the research and development plan and commercialization plan of the relevant applicant, the appropriateness of the location and surface area of the site applied for approval, the appropriateness of educational, research and commercialization facilities, and others the applicant intends to establish. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | "Where a person intends to revise any matter prescribed by Presidential Decree" in the latter part of Article 37 (1) of the Act means any of the following cases: |
| 1. | Where he or she intends to revise the purposes of taking occupancy in a special zone as at the time he or she obtains approval therefor; |
| 2. | Where he or she intends to revise the intended use, such as alteration of research facilities to a pilot plant; |
| 3. | Where he or she intends to alter the surface area of a site by at least 10 percent or at least 3,300 square meters; |
| 4. | Where he or she intends to revise a land utilization plan in order to develop undeveloped land; |
| 5. | Where he or she intends to alter the total floor area of educational, research and commercialization facilities by at least 330 square meters. |
| (4) | When the Minister of Science and ICT approves a revision or alteration referred to in paragraph (3) 1 through 3, he or she may submit the relevant matters to related experts for deliberation pursuant to paragraph (2). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 34 (Transfer of Building Sites) |
| (1) | A person who intends to transfer a building site, facility or building (hereinafter referred to as "building or other facility") in an area for educational, research and commercialization facilities pursuant to Article 38 (1) of the Act shall file an application for approval for transfer of building or other facility, accompanied by documents prescribed by Ordinance of the Ministry of Science and ICT, with the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | "Expenses prescribed by Presidential Decree" in Article 38 (3) 1 (c) of the Act means all of the following expenses: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | An acquisition tax, various other taxes and public charges (excluding taxes collected for reasons attributable to a transferor) paid to purchase a building site; |
| 2. | Expenses incurred in changing the purpose of a building site to be transferred; |
| 3. | Expenses incurred in improving a building site to be transferred; |
| 4. | Expenses incurred in ensuring convenience in the use of a building site to be transferred; |
| 5. | Expenses equivalent to those referred to in subparagraphs 2 through 4 and acknowledged by the Minister of Science and ICT. |
| (3) | The acquisition price and the date of acquisition of a building site for the purpose of calculating the transfer price of the building site under Article 38 (3) 1 of the Act shall be as prescribed in attached Table 8. <Amended on May 8, 2018> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 35 (Special Provisions regarding Calculation of Period Following Revocation of Approval for Taking Occupancy in Special Zones) |
A period of delay for justified reasons, such as a period of delay for reasons not attributable to a resident institution in the course of the creation of a building site, the examination of design and various approval and permission shall be disregarded for the purpose of calculating the period specified in Article 40 (1) 1 and 3 of the Act.
| Article 36 (Conducting Pending Transactions Following Revocation of Approval for Taking Occupancy in Special Zones) |
| 1. | Affairs concerning the transfer of a building site, facility or building, etc., following revocation of approval for taking occupancy in a special zone; |
| 2. | Educational and research affairs that cannot be conducted in other area but can be completed within six months and affairs incidental thereto. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 36-2 (Special Provisions regarding Industrial Complexes) |
| (1) | "Area prescribed by Presidential Decree" in Article 43 (2) 2 of the Act means an area within a general industrial complex and an urban high tech industrial complex, the managing agency of which exists as at the time a special zone is designated. |
| (2) | An agreement entered into under Article 43 (5) of the Act regarding the management of a special zone shall include the following: |
| 2. | The scope and period of management affairs; |
| 3. | Other matters necessary to conduct management affairs of the special zone. |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 37 (Special Provisions regarding the National Land Planning and Utilization Act) |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 38 (Registration for Incorporation of Promotion Foundation) |
| (1) | The Promotion Foundation shall register its incorporation at the seat of its principal office within two weeks after obtaining approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Matters to be registered for incorporation of the Promotion Foundation shall be as follows: |
| 3. | The location of the principal office; |
| 4. | Names and addresses of executive officers; |
| 5. | Methods of making public announcement; |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 39 (Requests for Dispatching Public Officials) |
| (1) | Where the Promotion Foundation intends to request the dispatch of public officials pursuant to Article 57 of the Act, it shall, in advance, consult with the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where the Promotion Foundation requests for consultation under paragraph (1), it shall submit documents stating the number of persons to be dispatched, the period of dispatch, grounds for request for dispatch and qualifications to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 40 (Investment in Other Projects) |
| (1) | Where the Promotion Foundation intends to make an investment or contribution pursuant to Article 65 of the Act, it shall give notice thereof to the Minister of Science and ICT after passing a resolution thereon at the meeting of the board of directors. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Upon receipt of notice under paragraph (1), the Minister of Science and ICT shall consult the Minister of Economy and Finance about such investment or contribution. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 41 (Issuance of Bonds) |
Where the Promotion Foundation intends to issue bonds pursuant to Article 66 of the Act, it shall pass a resolution on the following matters at the meeting of the board of directors: | 1. | Amount of bonds to be issued (referring to the total amount of bonds issued, the face value of each bond, etc.); |
| 3. | Conditions of issuance; |
| 4. | Interest rates of bonds; |
| 5. | The methods and timing for repayment of principal; |
| 6. | The methods and timing for payment of interest; |
| 7. | Other matters necessary for issuing bonds. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 41-2 Deleted. <Jul. 26, 2012> |
| Article 42 (Entrustment of Affairs) |
The Minister of Science and ICT shall entrust the following affairs to the Promotion Foundation pursuant to Article 72 (2) of the Act: <Amended on Mar. 23, 2013; Jul. 26, 2017> | 1. | Receipt and confirmation of applications for designation as an advanced technology corporation under Article 9 (1) of the Act; |
| 2. | Receipt and confirmation of applications for registration of a research company and registration for revision thereto under Article 9-3 (2) of the Act; |
| 3. | Receipt and confirmation of applications for approval for taking occupancy in an area for educational, research and commercialization facilities under Article 37 of the Act; |
| 4. | Receipt and confirmation of applications for approval of the transfer of a building or other facility under Article 38 of the Act. |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 42-2 (Handling of Personally Identifiable Information) |
[This Article Newly Inserted on Aug. 6, 2014]
[Previous Article 42-2 Moved to Article 42-3 <Aug. 6, 2014>]
| Article 42-3 (Re-examination of Regulation) |
| (1) | The Minister of Science and ICT shall examine the appropriateness of the types of buildings, the construction of which is restricted under Article 30 (1), every three years, counting from January 1, 2014 (referring to the period that ends on the day before January 1 of every third year) and shall take measures for improvement, etc. <Amended on Dec. 9, 2014; Jul. 26, 2017; May 8, 2018> |
| (2) | The Minister of Science and ICT shall examine the appropriateness of the following matters every two years, counting from each base date specified in the following (referring to the period that ends on the day before every second anniversary of the base date) and shall take measures for improvement, etc.: <Newly Inserted on Dec. 9, 2014; Jul. 26, 2017> |
| 1. | The criteria for revoking the designation of an advanced technology corporation under Article 12-5: January 1, 2015; |
| 2. | Deleted; <Aug. 3, 2015> |
| 3. | The criteria for revoking the designation of a project implementer under Article 23-2: January 1, 2015; |
| 4. | The limits on re-investment of development gains prescribed in Article 27-2 (1): January 1, 2015; |
| 5. | Handling of pending transactions following revocation of approval for taking occupancy in a special zone under Article 36: January 1, 2015; |
[This Article Newly Inserted on Dec. 30, 2013]
[Moved from Article 42-2 <Aug. 6, 2014>]
| Article 43 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Wholly Amended on Jul. 26, 2012]
| Article 44 (Criteria for Imposition of Administrative Fines) |
Criteria for imposition of administrative fines under Article 76 (1) of the Act shall be as specified in attached Table 9. <Amended on Aug. 3, 2015; May 8, 2018> [This Article Wholly Amended on Jul. 26, 2012]
ADDENDA <Presidential Decree No. 18969, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Article 2 (Repealed Statutes or Regulations)
The Enforcement Decree of the Daedeok Science Town Management Act is hereby repealed.
Article 3 (Applicability to Restrictions on Construction)
Article 30 shall apply beginning with an application for building permission or a report of building is filed after a special zone management plan is announced pursuant to Article 34 of the Act. Article 4 (Transitional Measures concerning Previous Industrial Complex Management Plans)
An industrial complex located within the Daedeok Special Research and Development Zone (excluding the Daedeok Science Town under the previous Daedeok Science Town Management Act) as at the time this Decree enters into force shall be managed pursuant to a master plan for the management of industrial complexes formulated pursuant to Article 33 of the Industrial Cluster Development and Factory Establishment Act until a special zone management plan established under Article 34 of the Act comes into effect. Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
Where the Enforcement Decree of the Daedeok Science Town Management Act or any provision thereof is cited by other statutes or regulations as at the time this Decree enters into force, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous provision if any provision corresponding thereto exists herein.
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. 19924, Mar. 9, 2007>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Entrustment of Affairs) Notwithstanding the amended provisions of Article 42, the previous provisions shall apply to the confirmation of an application for designation for a high tech enterprise and a plan to establish a research enterprise filed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 20647, Feb. 22, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
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. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 21539, Jun. 16, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010. Article 2 (Effective Period under Amendment of the Enforcement Decree of the Farmland Act) | (1) | The amended provisions of subparagraph 46 of attached Table 2 of the Enforcement Decree of the Farmland Act shall remain effective until June 30, 2011. |
| (2) | The amended provisions of subparagraph 46 of attached Table 2 of the Enforcement Decree of the Farmland Act shall begin to apply to an application for permission for diversion of farmland (including permission for modification, and authorization, permission, etc. by which permission for diversion of farmland or permission for modification thereof is deemed granted pursuant to other statutes; hereafter in this paragraph, the same shall apply) or a report on diversion of farmland (including a report on modification; hereafter in this paragraph, the same shall apply) filed on or after the date this Decree enters into force, and shall also apply to an application for permission for diversion of farmland or a report on diversion of farmland filed by June 30, 2011. |
Article 3 (Applicability under Amendment of the Enforcement Decree of the Tourism Promotion Act) Article 5 (Transitional Measures under Amendment of the Enforcement Decree of the Employment Insurance Act) Article 6 (Transitional Measures under Amendment of the Enforcement Decree of the Act on the Management and Promotion of Real Estate Development Business) The previous provisions shall apply to the imposition of administrative fines for acts committed before this Decree enters into force.
Article 7 (Transitional Measures under Amendment of the Enforcement Decree of the New Harbor Construction Promotion Act) The amended provisions of the latter part of Article 9 (5) of the Enforcement Decree of the New Harbor Construction Promotion Act shall apply to persons who have received an extension of the period of applying for approval of a plan to implement a new harbor construction project pursuant to the previous provisions and for whom such extended period has not yet expired as at the time this Decree enters into force; and the period for application shall be deemed extended once pursuant to the said amended provisions. The previous provisions shall apply to the imposition of administrative fines for acts committed before this Decree enters into force.
Article 9 (Transitional Measures under Amendment of the Enforcement Decree of the Sewerage Act)
ADDENDA <Presidential Decree No. 21629, Jul. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21723, Sep. 10, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22098, Mar. 26, 2010>
This Decree shall enter into force on March 31, 2010.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22328, Aug. 11, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22851, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of attached Table 9, the previous provisions shall apply to the criteria for imposition of administrative fines for offenses committed before this Decree enters into force.
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. 23529, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
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. 23788, May 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012. (Proviso Omitted.)
Articles 2 through 10 Omitted.
Article 11 Omitted.
ADDENDA <Presidential Decree No. 23993, Jul. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2012.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
Where the previous Enforcement Decree of the Special Act on the Support of Daedeok Special Research and Development Zone or any provision thereof is cited by other statutes or regulations as at the time this Decree enters into force, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the previous provision if any provision corresponding thereto exists herein.
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. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25273, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25681, Nov. 4, 2014>
This Decree shall enter into force on November 29, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but whose enforcement dates have not yet arrived, among the Presidential Decrees amended by Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26454, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation: Provided, That the amended provisions of Articles 20-2, 24 (3), (5) and (6), 25, 42-3 (2), and 44, and attached Table 8 shall enter into force on August 4, 2015 and the amended provisions of Articles 29 and 30 and attached Tables 7 and 7-2 shall enter into force on September 28, 2015. Article 2 (Transitional Measures concerning Buildings Permitted in Areas for Industrial Facilities)
Notwithstanding the amended provisions of Articles 29 and 30 and attached Tables 7 and 7-2, the previous provisions shall apply to applications for building permission or substantial repair permission referred to in Article 11 of the Building Act (including applications for deliberation by building committees referred to in Article 5-5 of the Enforcement Decree of the Building Act, which are filed to apply for building permission or substantial repair permission) or building reports or substantial repair reports referred to in Article 14 of the Building Act in areas for industrial facilities, which are filed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27452, Aug. 16, 2016>
This Decree shall enter into force on the date of its promulgation.
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 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28865, Nov. 8, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29224, Oct. 16, 2018>
This Decree shall enter into force on October 18, 2018.
ADDENDA <Presidential Decree No. 29607, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requirements for Designation as Advanced Technology Corporations)
The amended provisions of Article 12-3 shall begin to apply to applications filed for the designation as an advanced technology corporation after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.