TRADE INFRASTRUCTURE DEVELOPMENT ACT
Act No. 6227, Jan. 28, 2000
Amended by Act No. 6305, Dec. 29, 2000
Act No. 6841, Dec. 30, 2002
Act No. 6893, May 29, 2003
Act No. 7459, Mar. 31, 2005
Act No. 7604, Jul. 21, 2005
Act No. 7995, Sep. 27, 2006
Act No. 8014, Sep. 27, 2006
Act No. 8352, Apr. 11, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8797, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8935, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9011, Mar. 28, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9498, Mar. 18, 2009
Act No. 9685, May 21, 2009
Act No. 9770, jun. 9, 2009
Act No. 10228, Apr. 5, 2010
Act No. 11037, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11959, Jul. 30, 2013
Act No. 14532, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16172, Dec. 31, 2018
The purpose of this Act is to contribute to the balanced expansion of trading business and the growth of the national economy by establishing the foundation for trading business in an efficient and systematic way.
[This Article Wholly Amended on Dec. 27, 2007]
The terms used in this Act shall be defined as follows: <Amended on Mar. 21, 2008>
| 1. | The term "foundation for trading business" means facilities, conditions, information, and human resources for supporting and facilitating trading business activities, including an electronic trading system, trading information, and professional human resources specializing in trading business; |
| 2. | The term "establishment of the foundation for trading business" means to facilitate trading activities, to reduce trading expenses incurred in international trade, and to enhance the productivity of trading activities by establishing, improving, and reinforcing the foundation for trading business; |
| 3. | Deleted; < Mar. 21, 2008> |
| 4. | Deleted; <Mar. 21, 2008> |
| 5. | The term "infrastructure for trading business" means facilities necessary for establishing the foundation of trading business and ancillary facilities thereto, which shall be specified by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 3 (Preparation of Plan for Establishing Foundation for Trading Business) |
| (1) | The Government shall prepare a comprehensive, basic policy on the establishment of the foundation of trading business so as to promote the establishment of the foundation of trading business in an efficient and systematic way. |
| (2) | The Minister of Trade, Industry and Energy shall establish a plan to establish the foundation for trading business (hereinafter referred to as "plan to establish foundation"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Deleted. <Mar. 18, 2009> |
| (4) | The Minister of Trade, Industry and Energy may request any person who carries out a project to establish the foundation for trading business under Article 4 (2) and the head of an agency involved with the establishment of the foundation for trading business to cooperate with him/her as may be necessary for the efficient accomplishment of the goals of the plan to establish foundation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Matters necessary for the plan to establish foundation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 4 (Projects for Establishment of Foundation for Trading Business and Executing Agencies) |
| (1) | The Minister of Trade, Industry and Energy shall advance the following projects for the establishment of the foundation for trading business (hereinafter referred to as "projects to establish the foundation for trading business"), subject to consultation with heads of appropriate central administrative agencies, so as to implement the plan for the efficient establishment of foundation: <Amended on Feb. 29, 2008; MAr. 21, 2008; Mar. 23, 2013> |
| 1. | Deleted; <Mar. 21, 2008> |
| 2. | Establishment of the foundation for trading transactions conducted through an information and communications network (hereinafter referred to as "electronic trading transactions"), such as the Internet; |
| 3. | Collection, analysis, and facilitation of circulation, of information and statistics about trading business (hereinafter referred to as "trading information"); |
| 4. | Cultivation of professional human resources for trading business and education and training of such human resources; |
| 5. | Facilitation of international cooperation in the establishment of the foundation of trading business; |
| 6. | Advertisement to overseas markets to improve the reputation of the Republic of Korea as well as the reputation of its products; |
| 7. | Other projects specified by Presidential Decree as necessary for the establishment of the foundation of trading business. |
| (2) | The Minister of Trade, Industry and Energy may authorize any of the following institutions, legal entities and organizations (hereinafter referred to as "managing agency") to conduct projects to establish the foundation of trading business: <Amended on Feb. 29, 2008; Mar. 28, 2008; May 21, 2009; Mar. 23, 2013; Jul. 30, 2013; Dec. 31, 2018> |
| 1. | The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province; |
| 5. | Any other legal entity or organization specified by Presidential Decree. |
| (3) | The Minister of Trade, Industry and Energy may fully or partially subsidize, within budget limits, expenses incurred by a managing agency in carrying out projects to establish the foundation of trading business. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Matters necessary for the promotion of projects to establish the foundation for trading business and the disbursement, use, and management of subsidies under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 5 Deleted. <Mar. 21, 2008> |
| Article 6 (Expansion of Foundation for Electronic Trading Transactions) |
| (1) | The Government shall formulate a policy necessary for the facilitation of electronic trading transactions. |
| (2) | The Minister of Trade, Industry and Energy may authorize a managing agency to carry out the following projects in order to establish the foundation for electronic trading transactions: <Amended on Feb. 29, 2008; Mar. 21, 2008; Mar. 23, 2013> |
| 1. | Deleted; <Mar. 21, 2008> |
| 2. | Diffusion of, and assistance in, electronic trading transactions of small and medium enterprises; |
| 3. | Development and operation of an electronic management system for the efficient and orderly conduct of trading transactions; |
| 4. | Other projects specified by the Minister of Trade, Industry and Energy as deemed necessary for the establishment of the foundation for electronic trading transactions. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 7 (Facilitation of Circulation of Trading Information) |
| (1) | The Government shall formulate a policy necessary for the facilitation of efficient supply, utilization, and circulation of trading information. |
| (2) | If necessary for the supply, utilization, and circulation of trading information, the Minister of Trade, Industry and Energy may request any appropriate administrative agency or any institution or organization involved in international trade and commerce to furnish him/her with trading information or may provide such agency, institution, or organization with trading information, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That The Minister of Knowledge Economy shall consult in advance with the Commissioner of the Korea Customs Service if the trading information involved is related to any export or import declaration under Article 241 of the Customs Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy may authorize a managing agency to carry out the following projects in order to facilitate the collection, analysis, processing, and circulation of trading information: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Collection, analysis, processing, and circulation of trading information; |
| 2. | Assistance to any institution advancing a project for informatization of trading business, including facilitating circulation of trading information; |
| 3. | Establishment and operation of a trading information network; |
| 4. | Other projects specified by Ordinance of the Ministry of Trade, Industry and Energy as necessary to facilitate circulation of trading information. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 8 (Education and Training of Professional Human Resources for Trading Business) |
| (1) | The Government shall prepare a scheme for cultivating professional human resources for trading business and developing educational and training programs for improving their abilities, in order to meet the demands of the trading industry. |
| (2) | The Minister of Trade, Industry and Energy may authorize a managing agency to carry out the following projects in order to establish the foundation for electronic trading transactions: <Amended on Feb. 2, 2008; Mar. 23, 2013> |
| 1. | Education and training for cultivating professional human resources with field adaptability for trading business; |
| 2. | Development and operation of a curriculum for efficiently cultivating professional human resources for trading business; |
| 3. | Education and training for diffusing new types of trading transactions, such as electronic trading; |
| 4. | Other projects specified by Ordinance of the Ministry of Trade, Industry and Energy as necessary in conjunction with the education and training of professional human resources for trading business. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 9 (Promotion of International Cooperation) |
| (1) | The Government shall formulate a policy to facilitate international cooperation between persons who carry out projects for the establishment of the foundation for trading business and foreign governments, institutions, and organizations in conjunction with establishing the foundation for trading business so as to efficiently lay down the foundation for trading business. |
| (2) | The Minister of Trade, Industry and Energy may authorize a managing agency to execute the following projects in order to facilitate international cooperation in conjunction with the establishment of the foundation for trading business: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Surveying and research for international cooperation in trading business; |
| 2. | International exchange of professional human resources for trading business and trading information; |
| 3. | Invitation of foreign institutions and organizations related to trading business into the Republic of Korea and the facilitation of entrance of domestic institutions and organizations related to trading business into foreign countries; |
| 4. | Other projects specified by Ordinance of the Ministry of Trade, Industry and Energy as necessary to facilitate international cooperation in conjunction with establishing the foundation for trading business. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 10 (Financial Support for Establishment of Foundation for Trading Business) |
The Government shall endeavor to financially support projects to establish the foundation for trading business in order to efficiently promote the establishment of the foundation for trading business.
[This Article Wholly Amended on Dec. 27, 2007]
| Article 11 (Reduction or Exemption of Charges, etc.) |
The following costs and charges may be abated or exempted for any person who builds an infrastructure for trading business, as provided by relevant Acts, such as the Management of Mountainous Districts Act: [This Article Wholly Amended on Dec. 27, 2007]
| Article 12 (Lease and Sale of State-Owned and Public Land) |
| (1) | If deemed necessary for the efficient development and operation of the infrastructure for trading business, the State or a local government may grant permission for use for profit, lease (hereinafter referred to as "lease"), or sell State property or public property under a negotiated contract to the Korea Trade-Investment Promotion Agency under Article 4 (2) 3, the Korea SMEs and Startups Agency under subparagraph 4 of the aforesaid paragraph, or a person specified by Presidential Decree, among the legal entities or organizations under subparagraph 5 of the aforesaid paragraph, notwithstanding the State Property Act or the Public Property and Commodity Management Act. <Amended on Dec. 31, 2018> |
| (2) | Where a parcel of state-owned or public land is leased pursuant to paragraph (1), any building or other permanent structure is allowed to be erected on the parcel of land. In such cases, taking into consideration the type of the buildings or structures, the parcel of land may be leased under the condition that such building or permanent structure shall be donated to the State or the competent local government at the end of ten years from the completion thereof or that such building or permanent structure shall be restored to their original state before they are returned. <Amended on Jan. 30, 2009> |
| (3) | Necessary matters concerning the price, rent, and lease term of State property or public property under paragraph (1), and other relevant matters shall be prescribed by Presidential Decree. |
| (4) | No managing agency may offer as security or sell a building or any other permanent structure erected on a parcel of state-owned or public land pursuant to paragraph (2): Provided, That the same shall not apply to cases where it is necessary to offer security to a financial institution for operating infrastructures for trading business and the prior consent is granted by managing authorities of the relevant parcel of land. |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 12-2 (Establishment and Operation of Support Centers for Exports of Small and Medium Enterprises) |
| (1) | The Minister of SMEs and Startups may establish and operate support centers for exports of small and medium enterprises to provide comprehensive support for the trading activities of small and medium enterprises, such as assistance in search for foreign purchasers, trade insurance, loans for export and import, and the development of technology, quality, and design. <Amended on Apr. 5, 2010; Jul. 26, 2017> |
| (2) | Necessary matters concerning the establishment and operation of support centers for small and medium enterprises shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 28, 2008]
| Article 13 Deleted. <Mar. 18, 2009> |
| Article 14 (Demand Surveys for Projects for Establishment of Foundation for Trading Business) |
| (1) | The Minister of Trade, Industry and Energy may survey demands for projects for the establishment of the foundation for trading business, if necessary in formulating the plan to establish foundation in a systematic way and in efficiently implementing projects for the establishment of the foundation for trading business. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may, if necessary for demand surveys under paragraph (1), request any appropriate administrative agency, managing agency, or any other institution or organization to cooperative with him/her by providing relevant data. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 27, 2007]
| Article 15 (Relationship with other Acts) |
| (1) | If a building permit for any infrastructure for trading business has been granted pursuant to Article 11 of the Building Act or if a reporting on the installation of such infrastructure has been filed pursuant to Article 14 of the aforesaid Act, the following permission, authorization, approval, consent or report (hereinafter referred to as collectively as "permission") are deemed to have been granted, given, or completed, in addition to the matters specified in subparagraphs of Article 11 (5) of the aforesaid Act: <Amended on Mar. 21, 2008; Jun. 9, 2009; Aug. 4, 2011; Jan. 17, 2017> |
| (2) | If the Governor of a Special Self-Governing Province or the head of Si/Gun/Gu granted approval for the use of a building pursuant to Article 22 of the Building Act with respect to infrastructures for trading business, the following inspections or reports (hereinafter referred to as "inspections") are deemed to have been completed or filed, in addition to the matters specified in subparagraphs of paragraph (4) of the aforesaid Article: <Amended on Mar. 21, 2008; Jun. 9, 2009; Jan. 17, 2017> |
| (3) | Any person who desires create a legal fiction for permission, etc. or inspections, etc. shall submit relevant documents specified by relevant Acts and subordinate statutes, along with an application for building permit for, or reporting on, the relevant infrastructure for trading business and an application for approval for the use of such infrastructure, when he/she files such application or report. |
| (4) | The Governor of a Special Self-Governing Province or the head of Si/Gun/Gu shall, when he/she takes any of the following actions, consult with the head of another administrative agency, if the head of the administrative agency has the authority to make a decision on any matter specified in paragraph (1) or (2). In such cases, the head of the administrative agency so requested to be consulted with shall present his/her opinion within 15 days from the day on which he/she was requested to be consulted with: <Amended on Mar. 21, 2008> |
[This Article Wholly Amended on Dec. 27, 2007]
ADDENDA <Act No. 6227, Jan. 28, 2000>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 6305, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January, 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7604, Jul. 21, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7995, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8797, Dec. 27, 2007>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 8852, Dec. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among Acts amended under Article 6 of this Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 8935, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 9011, Mar. 28, 2008>
| (1) | (Enforcement Date)This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
| (2) | (Transitional Measure) Support centers for export of small and medium enterprises already established and operated at the time this Act enters into force are deemed support centers for export of small and medium enterprises under Article 12-2 of this Act. |
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9498, Mar. 18, 2009>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10228, Apr. 5, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Provisions concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11959, Jul. 30, 2013>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation: Provided, That among Acts amended under Article 6 of this Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the respective Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, May 7, 2010>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation: Provided, That among Acts amended under Article 5 of the Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the respective Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16172, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.