Law Viewer

Back Home

ACT ON SPECIAL CASES CONCERNING SUPPORT FOR TECHNOPARKS

Act No. 5578, Sep. 23, 1998

Amended by Act No. 6406, Jan. 29, 2001

Act No. 6642, Jan. 26, 2002

Act No. 6841, Dec. 30, 2002

Act No. 6842, Dec. 30, 2002

Act No. 7604, Jul. 21, 2005

Act No. 7749, Dec. 23, 2005

Act No. 8188, Jan. 3, 2007

Act No. 8337, Apr. 6, 2007

Act No. 8345, Apr. 11, 2007

Act No. 8352, Apr. 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8974, Mar. 21, 2008

Act No. 9071, Mar. 28, 2008

Act No. 9401, Jan. 30, 2009

Act No. 9500, Mar. 18, 2009

Act No. 9979, Jan. 27, 2010

Act No. 10220, Mar. 31, 2010

Act No. 10589, Apr. 14, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11830, May 28, 2013

Act No. 12606, May 20, 2014

Act No. 13311, May 18, 2015

Act No. 13782, Jan. 19, 2016

Act No. 13845, Jan. 27, 2016

Act No. 14839, Jul. 26, 2017

Act No. 15464, Mar. 13, 2018

Act No. 16169, Dec. 31, 2018

Act No. 16172, Dec. 31, 2018

Act No. 16999, Feb. 11, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to cluster human and physical resources of enterprises, universities, research institutes, etc. in certain places to jointly develop technology, to accelerate commercialization of the outcomes of such development, and to bring about regional innovation based on close connections and collaboration among such entities, thereby contributing to creating jobs, invigorating regional economies, and promoting national competitiveness. <Amended on May 20, 2014>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Jul. 26, 2017>
1. The term "Technopark" means a cluster of land, buildings, facilities, etc. which functions as a base of regional innovation where enterprises, universities, research institutes, local governments, and other entities can jointly conduct the following business activities:
(a) Establishment of a cooperative system among enterprises, universities, research institutes, and local governments or institutions supporting technology or corporate management, with the aim of creating, utilizing, and expanding regional development capability according to the respective local conditions and characteristics in terms of the development of human resources and science and technology, industrial production, and business support;
(b) Assistance in the formulation of regional development strategies in industries and technologies;
(c) Joint research or development and the transfer and commercialization of technology;
(d) Education and training of human resources for industries and technologies;
(e) Distribution of information about industries and technologies;
(f) Protection and fostering of new technology and business start-ups;
(g) Provision of facilities for joint research and development;
(h) Test production;
(i) Production and sale of commodities utilizing the outcomes of research or development;
(j) Other activities prescribed by Ordinance of the Ministry of SMEs and Startups to commercialize technology and invigorate a cooperative system between enterprises, universities, research institutes, local governments or institutions supporting technology or corporate management;
2. The term "urban factories" means urban factories prescribed in Article 28 of the Industrial Cluster Development and Factory Establishment Act.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 2-2 (Relationship to Other Statutes)
Even where there exist provisions in other statutes which are different from those of this Act with respect to the management, supervision, etc. of a person designated as a project implementer under Article 4, this Act shall prevail over other statutes.
[This Article Newly Inserted on May 20, 2014]
CHAPTER II DEVELOPMENT OF TECHNOPARKS
 Article 3 (Formulation of Plans to Develop Technoparks)
(1) The Minister of SMEs and Startups shall formulate, and publicly notify a plan to develop Technoparks to facilitate the development thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Matters necessary for the formulation of such plan shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 4 (Designation of Project Implementers)
(1) The Minister of SMEs and Startups may designate a person who shall develop and operate a Technopark (hereinafter referred to as "project implementer"). <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Matters necessary for the qualifications, etc. for designation as a project implementer under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 4-2 (Business of Project Implementers)
(1) In order to facilitate regional technological innovation and to make sure that a Technopark performs its function as a base of regional innovation, a project implementer may conduct the following business: <Amended on Jul. 26, 2017>
1. Support for the business referred to in items of subparagraph 1 of Article 2;
2. Promotion of regional industries and creation of jobs;
3. Management of and support for a Technopark;
4. Business related to a regional industrial policy, such as survey, analysis and performance evaluation, and identification, planning, etc. of regional research and development projects;
5. Other business prescribed by Ordinance of the Ministry of SMEs and Startups.
(2) In order to create jobs and stimulate regional economy, a project implementer may conduct surveys on the following matters and provide the outcomes thereof to local residents: <Amended on Jul. 26, 2017>
1. Current status of industrial technical equipment that can be utilized in the region;
2. Information on job openings in regional companies and on job search;
3. Information on training of human resources in the region;
4. Information on regional exhibitions related to the fields of industries and technologies;
5. Information on regional support projects related to the fields of industries, technologies, and finance;
6. Other information prescribed by Ordinance of the Ministry of SMEs and Startups.
(3) In order to conduct surveys on matters referred to in subparagraphs of paragraph (2), a project implementer may request cooperation from a local government and other agencies prescribed by Presidential Decree. In such cases, an agency upon receipt of such request shall comply therewith, except in extenuating circumstances.
(4) The State or a local government may subsidize funds required to conduct the survey and to provide the outcomes thereof under paragraph (2).
[This Article Newly Inserted on May 20, 2014]
 Article 5 (Applications for Designation as Project Implementers)
(1) Any person who intends to be designated as a project implementer shall file an application for designation as a project implementer with the Minister of SMEs and Startups. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Any person who files an application for designation as a project implementer pursuant to paragraph (1) shall be a corporation.
(3) When a corporation under paragraph (2) appoints its executive officers, it shall fairly select persons who have abundant experience in the respective areas of technology, business management, and public administration, from among those who once worked, or are currently working, for an enterprise, university, research institute, etc.
(4) Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the corporations under paragraph (2).
(5) Necessary matters concerning procedures for filing applications for designation as a project implementer shall be prescribed by Ordinance of the Ministry of SMEs and Startups. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 5-2 (Revocation of Designation of Project Implementers)
(1) Where a project implementer designated under Article 4 (1) falls under any of the following cases, the Minister of SMEs and Startups may revoke such designation, or suspend construction, or rebuild or relocate manmade structures, or take other necessary measures: Provided, That in cases falling under subparagraph 1, the Minister shall revoke such designation: <Amended on Mar. 23, 2013; Jul. 26, 2017>
1. Where the project implementer has been designated by fraud or other improper means;
2. Where the project implementer fails to develop and operate a Technopark even after five years from the date of designation as a project implementer;
3. Where the project implementer no longer meets the qualifications for designation under Article 4 (2).
(2) Where the Minister of SMEs and Startups intends to revoke the designation as a project implementer under paragraph (1), he or she shall hold a hearing. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 6 (Procedures for Development of Technoparks)
Notwithstanding Articles 3 and 4, if an industrial complex or a regional comprehensive development district needs to be established when promoting the development of a Technopark, such Technopark may be designated and developed as a national industrial complex, general industrial complex, or an urban high-tech industrial complex under the Industrial Sites and Development Act, and may be developed as a regional development project zone under the Regional Development Assistance Act. <Amended on Dec. 31, 2018>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 7 (Guidelines for Operating Technoparks)
The Minister of SMEs and Startups shall formulate and publicly notify guidelines regarding fundamental matters relating to the operation of Technoparks, as prescribed by Presidential Decree. The foregoing shall also apply to amendments to such guidelines. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 7-2 (Evaluation of Business Performance)
(1) The Minister of SMEs and Startups may evaluate the business performance of project implementers each year. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) The Minister of SMEs and Startups may request the project implementers to submit data prescribed by Presidential Decree, such as a report on the business performance for the previous year, to evaluate business performance under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017>
(3) The Minister of SMEs and Startups may apply differential rates of wages paid by achievements at work to a project implementer who has shown exemplary business performance and recommend that a project implementer who has fared poorly in the evaluation of business performance under paragraph (1) take measures, etc. in terms of human resources management, budget, or business management necessary for the improvement of business. <Amended on Mar. 23, 2013; May 20, 2014; Jul. 26, 2017>
(4) The Minister of SMEs and Startups may provide differential amounts referred to in Article 19 (1), taking into account the outcomes of evaluation of business performance conducted under paragraph (1). <Newly Inserted on May 20, 2014; Jul. 26, 2017>
(5) Methods and procedures for evaluating business performance prescribed in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 20, 2014>
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER III MEASURES FOR SMOOTH SUPPLY OF SITES
 Article 8 (Special Cases concerning Establishment of Factories)
(1) Notwithstanding Article 2 of the Industrial Cluster Development and Factory Establishment Act and Article 2 of the Industrial Sites and Development Act, any facility for test production prescribed by Presidential Decree which is installed inside a Technopark (excluding Technoparks developed in accordance with the procedures for designation of national industrial complexes, general industrial complexes, or up-to-date city industrial complexes pursuant to Article 6) in order to carry out test production referred to in subparagraph 1 (h) of Article 2 shall be deemed excluded from the scope of factories.
(2) An enterprise prescribed by Presidential Decree, which has moved into a Technopark developed and operated in an area, other than the areas prescribed by Presidential Decree, among the specific-use areas prescribed in Article 36 of the National Land Planning and Utilization Act, to carry out the production and sale of commodities utilizing the outcomes of research or development prescribed in subparagraph 1 (i) of Article 2, may establish an urban factory prescribed by Presidential Decree in such Technopark insofar as it does not pose a threat to structural safety, notwithstanding the following provisions:
(3) An enterprise intending to establish an urban factory under paragraph (2) shall obtain approval from a project implementer, and the project implementer shall obtain confirmation on the structural safety of the building from a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) under Article 48 of the Building Act before granting such approval. <Amended on May 20, 2014>
(4) The total area of an urban factory established under paragraph (2) (referring to the sum of areas of respective factories, if at least two urban factories exist) shall not exceed the area calculated by multiplying the total floor area of all buildings within the relevant Technopark by the rate prescribed by Presidential Decree.
(5) A Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) shall, upon receiving an application for registration of an urban factory established in accordance with paragraph (2) from an enterprise that has moved into a Technopark, shall register the factory in accordance with Article 16 of the Industrial Cluster Development and Factory Establishment Act.
(6) Except as provided in paragraphs (2) through (5), matters necessary for the establishment and operation of urban factories and any other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 9 (Restrictions on Installation of Facilities and Occupancy)
(1) The Minister of SMEs and Startups may impose restrictions on installation of any building or facility, other than buildings or facilities necessary for carrying out the activities referred to in the items of subparagraph 1 of Article 2, inside a Technopark, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) The Minister of SMEs and Startups may impose restrictions on occupancy, within a Technopark, of any person, other than those related to the activities referred to in the items of subparagraph 1 of Article 2, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 10 (Sale of State or Public Property)
(1) Notwithstanding the State Property Act or the Public Property and Commodity Management Act, the State or any local government may sell or lease any State or public property to a project implementer or a person who moves into a Technopark (hereinafter referred to as "occupant") by a private contract, if deemed necessary for developing or operating a Technopark. In such cases, such property may be gratuitously leased to any of the following persons: <Amended on May 20, 2014>
1. A project implementer, which is a non-profit corporation, to which contributions are made by the State or a local government;
2. A project implementer, which is a non-profit corporation, to which contributions are made by a national school or public school under Article 3 of the Higher Education Act.
(2) Notwithstanding Article 18 of the State Property Act, Articles 13, 19, and 28 of the Public Property and Commodity Management Act, the Higher Education Act, and the Private School Act, the State, any local government, or the educational foundation of a private school may lease part of the State or public land or part of the site of a university or college to a project implementer or an occupant to build a building or any other permanent structure thereon. In such cases, in consideration of the type and use of the building or structure, the State or the local government shall attach to the lease contract the condition that the building or structure shall be donated to the State or the local government or the land shall be returned intact upon expiration of the lease contract, and the educational foundation of the private school may attach to the lease contract the condition that the building or structure shall be donated to the educational foundation of the private school or the land shall be and returned intact upon expiration of the lease contract. <Amended on Jan. 27, 2016>
(3) The educational foundation of a private school may lease part of the site of a university or college gratuitously to a project implementer which is a non-profit corporation, when it leases part of the site pursuant to paragraph (2).
(4) No occupant may lease any structure built pursuant to paragraph (2) to a third party.
(5) Notwithstanding Article 30 (2) of the State Property Act, Article 20 (3) of the Public Property and Commodity Management Act, the Higher Education Act, or the Private School Act, any project implementer may allow a third person who intends to use a structure built in accordance with paragraph (2) for the same purpose as lease purposes to use it or profit therefrom.
(6) The sale price of State or public property under paragraph (1) shall be the arithmetical average of the prices appraised by at least two appraisal business entities (referring to the appraisal business entities defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers). <Newly Inserted on May 20, 2014; Jan. 19, 2016; Feb. 11, 2020>
(7) Notwithstanding Articles 32 through 34 of the State Property Act or Articles 22 through 24 of the Public Property and Commodity Management Act, rental fees for lease of the State or public property under paragraph (1) or (2) shall be governed by Presidential Decree. <Newly Inserted on May 20, 2014>
(8) The lease period of the State property under paragraphs (1) and (2) shall not exceed 20 years. <Newly Inserted on May 20, 2014>
(9) A lease contract referred to in paragraphs (1) through (3) may be renewed: Provided, That the lease period under a renewed lease contract for State property shall not exceed the lease period prescribed in paragraph (8) at every renewal. <Newly Inserted on May 20, 2014>
(10) In renewing a lease contract under paragraph (9), if a project implementer or an occupant requests for the renewal of the lease contract one to six months before the expiration of the lease period, the State, a local government, or the educational foundation of a private school shall not reject such request except in cases prescribed by Presidential Decree, such as consecutive delay in payment of rental fees for at least three months. <Newly Inserted on May 20, 2014>
(11) Matters necessary for the method of leasing State or public property or the site of a private school prescribed in paragraphs (1) through (3), and other matters necessary for the sale or lease with or without compensation of State or public property or the site of a private school shall be prescribed by Presidential Decree. <Amended on May 20, 2014>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 10-2 (Cancellation of Lease without Compensation)
The State or any local government may cancel lease without compensation referred to in the latter part of Article 10 (1) with the exception of its subparagraphs or Article 10 (3) in any of the following cases: <Amended on May 20, 2014>
1. Where the purposes of the lease without compensation have been achieved;
2. Where a project implementer has used State or public property for any purpose other than for the purpose of lease without compensation;
3. Where a project implementer has violated any condition of lease without compensation.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 11 (Subsidization of Facility Costs)
The State or a local government may bear all or some of the facility costs or operation expenses incurred in relation to the development of an industrial technology complex. <Amended on May 20, 2014>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 12 (Special Cases concerning Building Construction)
(1) Notwithstanding Article 76 (1) of the National Land Planning and Utilization Act, prohibition and restriction on building construction within a Technopark shall be governed by an industrial complex development plan (referring to industrial complex development plans referred to in Articles 6, 7, and 7-2 of the Industrial Sites and Development Act) and a master plan for the management of an industrial complex (referring to master plans for the management of an industrial complex under Article 33 of the Industrial Cluster Development and Factory Establishment Act). <Amended on May 18, 2015>
(2) Where a person designated as a project implementer pursuant to Article 4 intends to lease an industrial site, factory, etc. in an industrial facilities zone, etc. in order to conduct business referred to in Article 4-2, he or she may conclude a contract of occupancy with a management agency before filing a report on the completion of establishment, etc. of a factory under Article 15 (1) of the Industrial Cluster Development and Factory Establishment Act or a report on the commencement of his or her business under paragraph (2) of the same Article, notwithstanding Article 38-2 (1) of the same Act. <Newly Inserted on May 18, 2015>
[This Article Wholly Amended on Apr. 14, 2011]
[Title Amended on May 18, 2015]
 Article 13 (Establishment of Infrastructure)
The State or a local government shall give priority to supporting the establishment of infrastructure, such as roads, water supply systems, and sewerage systems, for the smooth development of a Technopark.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 14 (Promotion of Informatization)
(1) The State or a local government may provide support for matters necessary for facilitating informatization, such as the progress toward informatization in Technoparks and the establishment and use of an information and communications network between Technoparks.
(2) Any person who has installed a private telecommunications equipment and facility in accordance with Article 64 of the Telecommunications Business Act may, if he or she has any idle facility, allow a project implementer to use such idle facility.
(3) Matters necessary for the use of any idle facility prescribed in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 15 (Assumption of Costs of Installing Electric Facilities)
Article 24 of the Act on Special Measures for the Deregulation of Corporate Activities, which stipulate special cases related to the assumption of costs for industrial complex development projects, shall apply mutatis mutandis to the installation of electric facilities, the assumption of costs thereof, etc. in Technoparks developed in accordance with the procedures for designation of a national industrial complex, general industrial complex, or an urban high-tech industrial complex pursuant to Article 6.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 16 (Exemption from Various Charges)
(1) Each Technopark shall be exempt from the following charges:
1. Development charges referred to in Article 5 of the Restitution of Development Gains Act;
2. Expenses incurred in creating forest replacement resources referred to in Article 19 of the Mountainous Districts Management Act;
3. Farmland preservation charges referred to in Article 38 of the Farmland Act;
4. Costs incurred in creating substitute grassland referred to in Article 23 of the Grassland Act;
5. Charges for causing traffic congestion referred to in Article 36 of the Urban Traffic Improvement Promotion Act.
(2) The owner of a facility or the operator of any business within a Technopark shall be exempt from charges for causing traffic congestion referred to in Article 36 of the Urban Traffic Improvement Promotion Act.
(3) Notwithstanding Article 9 of the Culture and Arts Promotion Act, any person who intends to erect a building within a Technopark may choose not to install any artistic decoration.
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER IV MEASURES FOR SMOOTH FUNDING
 Article 17 (Contributions by the State and Local Governments)
(1) The State or a local government may contribute funds to a project implementer to support the development and operation of a Technopark.
(2) A public institution referred to in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institutions"), Government-invested institution, or Government-funded institution, etc. that is related to the projects of a Technopark may contribute funds to a project implementer.
(3) A national school referred to in Article 3 of the Higher Education Act or an industry-academic cooperation foundation established in a national school under Article 25 of the Promotion of Industrial Education and Industry-Academic Cooperation Act, which participates in the development and operation of a Technopark, may contribute part of the expenditure from the account of the school supporting association of the relevant national school (referring to an account, other than the National Treasury accounts, which autonomously compiles and executes the revenue and expenditure budgets with sources of revenues, such as membership fees of the supporting association and earnings from profit-making projects, for the creation of an academic atmosphere and the improvement of educational conditions) or part of the disbursement of the relevant industry-academic cooperation foundation prescribed in Article 32 of the Promotion of Industrial Education and Industry-Academic Cooperation Act, to the project implementer to support the development and operation of the Technopark.
(4) Matters necessary for the payment, use, and management of the contributions referred to in paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 18 (Contributions of Property by Private Schools)
(1) Notwithstanding Article 28 of the Private School Act, the educational foundation of a private school may contribute or sell to a project implementer, or permit him or her to use, infrastructure for research (hereinafter referred to as "research infrastructure"), such as research facilities and equipment for testing and evaluation that have been installed with subsidies from the State or a local government. <Amended on May 20, 2014>
(2) Any person (excluding the educational foundation of a private school) who has installed any research infrastructure with subsidies from the State or a local government may contribute or sell to a project implementer, or permit him or her to use, such research infrastructure. <Amended on May 20, 2014>
(3) Any private school referred to in Article 3 of the Higher Education Act or any industry-academic cooperation foundation established in a private school, referred to in Article 25 of the Promotion of Industrial Education and Industry-Academic Cooperation Act, which participates in the development and operation of a Technopark, may contribute part of the expenditure from the account of the relevant private school belonging to the duties of corporations under Article 29 (1) of the Private School Act or part of the disbursement of the relevant industry-academic cooperation foundation prescribed in Article 32 of the Promotion of Industrial Education and Industry-Academic Cooperation Act, to any project implementer to support the development and operation of the Technopark.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 19 (Subsidization)
(1) The State or any local government may give preferential treatment, such as subsidization, to project implementers and occupants of a Technopark, to support the business activities prescribed in the items of subparagraph 1 of Article 2.
(2) The Minister of SMEs and Startups shall publicly notify necessary matters concerning persons eligible for support, eligibility criteria, the procedures and methods of support provided for in paragraph (1), and other relevant matters. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 20 (Tax Support)
The State or a local government may grant an exemption or reduction of income tax, corporate tax, acquisition tax, property tax, registration license tax, etc., as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, and any other relevant statutes, in order to support the development and operation of Technoparks.
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER V MEASURES FOR SMOOTH SUPPLY OF HUMAN RESOURCES
 Article 21 (Permission for Leave of Absence or Concurrent Holding of Office by Educational Officials)
(1) Notwithstanding the Educational Officials Act, the State Public Officials Act, and the Local Public Officials Act, any of the following persons may take a leave of absence to work as an executive officer or employee of a project implementer, or concurrently serve as an executive officer or employee of a project implementer: <Amended on Mar. 13, 2018>
1. A teaching staff of a school defined in Article 2 of the Higher Education Act (excluding various kinds of schools defined in subparagraph 7 of the same Article);
(2) The period of a leave of absence under paragraph (1) shall not exceed three years. In such cases, the period of leave of absence of any teaching staff of a university or college may exceed the remaining term of his or her employment, notwithstanding Article 45 (2) of the Educational Officials Act.
(3) Where teaching staff members of a university or college, or researchers of a national or public research institute take a leave of absence for at least six months pursuant to paragraph (1), such national or public research institute shall be deemed to have an additional number of teaching staff or researchers corresponding to the number of persons taking such leave of absence.
[This Article Wholly Amended on Apr. 14, 2011]
 Article 22 (Technical Guidance)
(1) The State or a local government may dispatch its public officials to a Technopark to provide guidance to the occupants on technology and business management.
(2) The State or a local government may request the Korea SMEs and Startups Agency established under Article 68 of the Small and Medium Enterprises Promotion Act, or a public institution, Government-invested institution, or Government-funded institution prescribed by Presidential Decree (hereinafter referred to as "guiding institution") to provide guidance on technology and business management to persons who moved into a Technopark. <Amended on Dec. 31, 2018>
(3) The State or a local government may pay all or some of the expenses incurred in providing guidance on technology and business management under paragraph (2) to guiding institutions.
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER V-2 MANAGEMENT AND SUPERVISION OF PROJECT IMPLEMENTERS
 Article 22-2 (Approval of Articles of Incorporation)
(1) A project implementer shall obtain approval of its articles of incorporation from the Minister of SMEs and Startups within three months after being designated as a project implementer under Article 4 (1). In such cases, the articles of incorporation of the project implementer shall conform to the provisions of this Chapter. <Amended on Jul. 26, 2017>
(2) Where a project implementer intends to modify the articles of incorporation approved under paragraph (1), the concurring vote of at least two thirds of all incumbent directors present at a meeting of the board of directors shall be needed to pass a resolution thereon, and approval of the Minister of SMEs and Startups shall be required. <Amended on Jul. 26, 2017>
[This Article Newly Inserted on May 20, 2014]
 Article 22-3 (Organization of Executive Officers)
(1) A project implementer shall have up to 15 directors, including a chairperson and a president, and two auditors, as its executive officers, and all of the executive officers shall be non-standing except for the president.
(2) The president shall be appointed by the board of directors upon the recommendation by the committee for recommendation of the president prescribed by the articles of incorporation, and the appointment shall require approval from the Minister of SMEs and Startups. <Amended on Jul. 26, 2017>
(3) The president shall represent the project implementer, and direct and supervise the employees belonging thereto, and shall have general supervision and control over all business performed by the project implementer, as the person finally responsible therefor.
[This Article Newly Inserted on May 20, 2014]
 Article 22-4 (Board of Directors)
(1) A board of director shall be set up under a project implementer to pass resolutions on important matters prescribed by Presidential Decree, such as the matters related to the enactment and amendment of the articles of incorporation, and the dissolution and liquidation of the corporation.
(2) Meetings of the board of directors shall be classified into ordinary meetings and extraordinary meetings.
(3) An extraordinary meeting of the board of directors shall be convened by the chairperson if requested by the chairperson, president, auditor, or by the majority of incumbent directors, or by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017>
(4) If it is deemed there is significant hindrance in performance of duties of the president because of his or her violation of any statute or regulation or the articles of incorporation, or negligence in performing his or her duties, or other reasons, the board of directors may request the Minister of SMEs and Startups to cancel approval under Article 22-3 (2). <Amended on Jul. 26, 2017>
[This Article Newly Inserted on May 20, 2014]
 Article 22-5 (Property and Accounting)
(1) The property of a project implementer shall be classified into ordinary property and fundamental property.
(2) A project implementer shall obtain approval from the Minister of SMEs and Startups following a resolution of the board of directors to perform any of the following acts: <Amended on Jul. 26, 2017>
1. Altering his or her fundamental property (including the alteration of type and amount of fundamental property);
2. Bearing an extra-budgetary debt;
3. Waiver of receivables;
4. Borrowing funds (limited to where at least 5/100 of the amount computed by deducting the total amount of liabilities as at the time of borrowing from the total amount of fundamental property is borrowed for at least one year).
(3) The fiscal year of a project implementer shall coincide with the fiscal year of the Government for general accounting.
(4) In order to clarify management outcomes and financial status, a project implementer shall manage the accounting of economic transactions, etc. occurring in the course of conducting management activities in accordance with the double entry bookkeeping system based on the time of their occurrence.
(5) The accounting standards and methods necessary for accounting treatment under paragraph (4) shall be prescribed and publicly notified by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017>
[This Article Newly Inserted on May 20, 2014]
 Article 22-6 (Supervision of Personnel Affairs and Budget)
(1) The Minister of SMEs and Startups may prepare and publicly notify the standards for the personnel affairs, budget, organization, and the operation of other matters by a project implementer. <Amended on Jul. 26, 2017>
(2) A project implementer shall comply with standards publicly notified under paragraph (1), unless there is a compelling reason not to do so.
[This Article Newly Inserted on May 20, 2014]
 Article 22-7 (Inspection, Management, and Supervision)
(1) The Minister of SMEs and Startups shall manage and supervise the business affairs of a project implementer, including inspection of property or accounting, and guidance for improvement of management. <Amended on Jul. 26, 2017>
(2) Where necessary for the management and supervision under paragraph (1), the Minister of SMEs and Startups may request a project implementer to submit data concerning the management status and the creation and operation of the Technopark or to report thereon. <Amended on Jul. 26, 2017>
(3) Where a project implementer or any executive officer or employee of a project implementer falls under any of the following cases, the Minister of SMEs and Startups may order the project implementer to take corrective measures within a prescribed period of up to two months: <Amended on Jul. 26, 2017>
1. Where he or she violates any statute or regulation or the articles of incorporation;
2. Where he or she engages in any conduct that is likely to incur a significant loss to the property of the project implementer.
(4) The Minister of SMEs and Startups may withdraw the approval of appointment of the president in any of the following cases: <Amended on Jul. 26, 2017>
1. Where the board of directors of the project implementer has requested the withdrawal of the approval of appointment of the president under Article 22-4 (4);
2. Where the project implementer has failed to take corrective measures within a period referred to in paragraph (3).
(5) Where a project implementer falls under any of the following cases, the Minister of SMEs and Startups may issue an order to suspend all or part of the relevant business: <Amended on Jul. 26, 2017>
1. Where the earnings of the corporation are used for business other than that prescribed in Article 4-2 (1) and (2);
2. Where the continuation of the relevant business is deemed to be against the purposes of the establishment of the corporation.
(6) Where any executive officer or employee of a project implementer has committed the following acts, the Minister of SMEs and Startups may request the relevant project implementer to take disciplinary measures against the executive officer or employee: <Amended on Jul. 26, 2017>
1. Violating this Act, statutes, regulations, etc. related to his or her duty;
2. Engaging in wrongful conduct incurring any loss to the property of the project implementer;
3. Performing or trying to perform any business other than that prescribed in Article 4-2 (1) and (2);
4. Obstructing or evading a request for correction under paragraph (3) of this Article.
[This Article Newly Inserted on May 20, 2014]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
 Article 23 Deleted. <May. 20, 2014>
 Article 24 (Delegation and Entrustment of Authority)
The Minister of SMEs and Startups may, as prescribed by Presidential Decree, delegate part of his or her authority under this Act to the heads of its affiliated agencies or the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, or entrust it to the heads of other administrative agencies, or institutions or organizations prescribed by Presidential Decree. <Amended on Mar. 23, 2013; May 20, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
 Article 25 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Executive officers and employees of a project implementer shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted on May 28, 2013]
ADDENDA <Act No. 5578, Sep. 23, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Corporation)
Any person already designated as a technology research cluster pursuant to Article 10 of the Industrial Technology Innovation Promotion Act as at the time this Act enters into force shall establish a corporation pursuant to Article 5 (2) through (4) within three months from the enforcement date of this Act.
Article 3 Omitted.
ADDENDA <Act No. 6406, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 6642, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
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. 6842, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003.
Articles 2 through 8 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.
ADDENDUM <Act No. 7749, Dec. 23, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8188, Jan. 3, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8337, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8345, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 9 (4) of the Addenda shall enter into force on July 4, 2007.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of ··· <omitted> ··· Article 15 (28) of the Addenda ··· <omitted> ··· shall enter into force on July 4, 2007.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the dates the respective statutes enter into force.
Articles 2 through 7 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. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
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.
ADDENDUM <Act No. 9500, Mar. 18, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 9979, Jan. 27, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10589, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11830, May 28, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12606, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Inspection, Management, and Supervision)
(1) The amended provisions of Article 22-7 (3) shall begin to apply to the first act done by a project implementer or executive officers and employees of a project implementer committed after this Act enters into force.
(2) The amended provisions of Article 22-7 (5) shall begin to apply to the first act done by a project implementer committed after this Act enters into force.
(3) The amended provisions of Article 22-7 (6) shall begin to apply to the first act done by executive officers and employees of a project implementer committed after this Act enters into force.
Article 3 (Transitional Measures concerning Approval of Articles of Incorporation)
Notwithstanding the amended provisions of Article 22-2 (1), a person designated as a project implementer under Article 4 (1) as at the time this Act enters into force, shall obtain approval of the articles of incorporation of the relevant project implementer from the Minister of Trade, Industry and Energy within three months after this Act enters into force.
Article 4 (Transitional Measures concerning Organization of Executive Officers)
A person designated as a project implementer under Article 4 (1) as at the time this Act enters into force shall organize executive officers to satisfy the amended provisions of Article 22-3 (1) by not later than December 31, 2014.
ADDENDUM <Act No. 13311, May 18, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13845, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 10 (2) shall begin to apply to the first lease contract concluded after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the dates the respective statutes enter into force.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15464, Mar. 13, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16169, Dec. 31, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16172, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 16999, Feb. 11, 2020>
This Act shall enter into force three months after the date of its promulgation.