INDUSTRIAL CLUSTER DEVELOPMENT AND FACTORY ESTABLISHMENT ACT
Act No. 6842, Dec. 30, 2002
Amended by Act No. 6841, Dec. 30, 2002
Act No. 6893, May 29, 2003
Act No. 7140, Jan. 29, 2004
Act No. 7281, Dec. 31, 2004
Act No. 7292, Dec. 31, 2004
Act No. 7291, Dec. 31, 2004
Act No. 7335, Jan. 14, 2005
Act No. 7459, Mar. 31, 2005
Act No. 7638, Jul. 29, 2005
Act No. 7678, Aug. 4, 2005
Act No. 7861, Mar. 3, 2006
Act No. 7949, Apr. 28, 2006
Act No. 8108, Dec. 28, 2006
Act No. 8285, Jan. 26, 2007
Act No. 8337, Apr. 6, 2007
Act No. 8377, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8368, Apr. 11, 2007
Act No. 8367, Apr. 11, 2007
Act No. 8362, Apr. 11, 2007
Act No. 8358, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8603, Aug. 3, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8931, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9228, Dec. 26, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9426, Feb. 6, 2009
Act No. 9449, Feb. 6, 2009
Act No. 9626, Apr. 22, 2009
Act No. 9629, Apr. 22, 2009
Act No. 9685, May 21, 2009
Act No. 9758, jun. 9, 2009
Act No. 9770, jun. 9, 2009
Act No. 9774, jun. 9, 2009
Act No. 10252, Apr. 12, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10303, May 17, 2010
Act No. 10310, May 25, 2010
Act No. 10331, May 31, 2010
Act No. 10491, Mar. 30, 2011
Act No. 10599, Apr. 14, 2011
Act No. 10892, Jul. 21, 2011
Act No. 10964, Jul. 25, 2011
Act No. 10932, Jul. 25, 2011
Act No. 11037, Aug. 4, 2011
Act No. 11020, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11831, May 28, 2013
Act No. 11862, jun. 4, 2013
Act No. 11965, Jul. 30, 2013
Act No. 11964, Jul. 30, 2013
Act No. 12246, Jan. 14, 2014
Act No. 12248, Jan. 14, 2014
Act No. 12292, Jan. 21, 2014
Act No. 12694, May 28, 2014
Act No. 12738, jun. 3, 2014
Act No. 12929, Dec. 30, 2014
Act No. 12960, Jan. 6, 2015
Act No. 13089, Jan. 28, 2015
Act No. 13312, May 18, 2015
Act No. 13603, Dec. 22, 2015
Act No. 13797, Jan. 19, 2016
Act No. 13782, Jan. 19, 2016
Act No. 13846, Jan. 27, 2016
Act No. 14111, Mar. 29, 2016
Act No. 14122, Mar. 29, 2016
Act No. 14311, Dec. 2, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14669, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14912, Oct. 24, 2017
Act No. 14993, Oct. 31, 2017
Act No. 15086, Nov. 28, 2017
Act No. 15347, Jan. 16, 2018
Act No. 15489, Mar. 20, 2018
Act No. 15866, Dec. 11, 2018
Act No. 16172, Dec. 31, 2018
Act No. 16272, Jan. 15, 2019
Act No. 16652, Nov. 26, 2019
Act No. 16799, Dec. 10, 2019
Act No. 17007, Feb. 18, 2020
Act No. 17171, Mar. 31, 2020
Act No. 17219, Apr. 7, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the sound development of the national economy through continued industrial development and balanced regional development, by promoting industrial clustering, supporting the efficient establishment of factories, and performing systematic management of industrial sites and industrial complexes.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 10964, Jul. 25, 2011; Act No. 12292, Jan. 21, 2014; Act No. 16799, Dec. 10, 2019>
| 1. | The term "factory" means a place of business prescribed by Presidential Decree for conducting manufacturing business prescribed by Presidential Decree, equipped with buildings or structures, manufacturing facilities, such as machinery or equipment which constitutes manufacturing processes, and their ancillary facilities (hereinafter referred to as "manufacturing facilities, etc."); |
| 2. | through 4. Deleted; <by Act No. 10252, Apr. 12, 2010> |
| 5. | The term "host area" means an area designated and publicly announced pursuant to Article 23 to establish an industrial complex necessary for implementing national policies, such as promoting relocation of factories to provinces; |
| 6. | The term "industrial clustering" means forming a cluster that creates synergy through mutual links by concentrating companies, research institutes, universities and corporate-support facilities in a specific area; |
| 7. | The term "knowledge-based industrial cluster zone" means a zone designated and publicly announced pursuant to Article 22 to promote the cluster of knowledge-based industries; |
| 8. | The term "knowledge-based industries" means highly knowledge-intensive industries prescribed by Presidential Decree; |
| 8-2. | The term "university-industry collaboration zone" means an area designated and publicly announced pursuant to Article 22-4 to agglomerate universities and research institutes which can provide education and conduct research and development activities according to the demand of companies; |
| 9. | The term "industrial cluster infrastructure" means facilities to facilitate industrial clustering, such as research and development facilities, corporate-support facilities, educational and training facilities for technical human resources, and distribution facilities; |
| 10. | The term "industrial infrastructure" means basic facilities necessary for production activities of enterprises, such as water supply facilities, traffic and communications facilities, energy facilities, and distribution facilities; |
| 11. | The term "industrial complex structure improvement project" means a project to actively attract enterprises, etc. and to enhance the competitiveness of occupant enterprises by switching the industry type of occupant enterprises in the industrial complex to high value-added one, strengthening corporate-support services, maintaining, repairing, improving and expanding the industrial cluster infrastructure, industrial infrastructure, public facilities in industrial complexes (limited to public facilities prescribed by Presidential Decree; hereinafter referred to as "public facilities"), etc., and conducting other relevant business; |
| 12. | The term "competitiveness strengthening projects for industrial clusters" means a project to strengthen the competitiveness of an area where enterprises, universities, research institutes and support institutions defined in subparagraph 19 are clustered at an industrial complex to exchange and connect knowledge, information, technology, etc. and mutually cooperate (hereinafter referred to as "industrial clusters"); |
| 13. | The term "knowledge industry center" means a multi-story complex prescribed by Presidential Decree which can be occupied by multiple persons engaged in a manufacturing business, knowledge business, information and communications business and support facilities; |
| 15. | The term "management of industrial complex" means any of the following affairs, which are prescribed by Presidential Decree: |
| (a) | Sale, lease, and ex post facto management of sites and facilities in an industrial complex; |
| (b) | Installation, maintenance, repair and improvement of infrastructure prescribed by Presidential Decree in an industrial complex; |
| (c) | Support for business activities of occupant enterprises and support institutions; |
| 16. | The term "authorized administrator" means a person who has the authority to manage an industrial complex pursuant to Article 30 (1); |
| 17. | The term "management agency" means a person who manages an industrial complex pursuant to Article 30 (2); |
| 18. | The term "occupant enterprise" means an enterprise qualified under Presidential Decree, which has entered into an occupancy agreement pursuant to Article 38 (1) or (3), among those who intend to operate manufacturing business, knowledge business, information and communications business, resource storage business and other business prescribed by Presidential Decree in an industrial complex; |
| 19. | The term "support institution" means a person qualified under Presidential Decree which has concluded an occupancy agreement pursuant to Article 38 (3), among those who intend to engage in financial business, insurance business, medical business, educational business, and other business prescribed by Presidential Decree necessary to assist occupant enterprises in an industrial complex; |
| 20. | The term "establishment of a factory" means constructing or expanding a factory; |
| 21. | The term "construction of a factory" means constructing a new building (including construction of a structure) or installing manufacturing facilities, etc. by changing the use of the existing building to that of a factory; |
| 22. | The term "enlargement of a factory" means enlarging a building area or the site area of a factory registered pursuant to Article 16 (1). |
| 23. | The term "change in industry types" means switching the industry type of a factory the establishment, etc. of which has been approved under Article 13 or a factory registered under Article 16 to another industry type (referring to an industry type determined based on the standards on factory sites under Article 8) or adding another industry type to the existing type of the factory. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 3 (Master Plans for Promotion of Industrial Clustering) |
| (1) | The Minister of Trade, Industry and Energy shall formulate and publicly announce a five-year master plan for promoting industrial clustering (hereinafter referred to as "master plan for promoting industrial clustering") covering all national territory. The same shall apply to any revision to such master plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A master plan for promoting industrial clustering shall contain the following: <Amended by Act No. 10252, Apr. 12, 2010> |
| 1. | Matters concerning the demand for sites of industries with high growth potential prescribed by Presidential Decree, clustering and specialization for each region and plans to forge links between them; |
| 2. | Matters concerning industrial sites and the supply of and demand for human resources necessary for facilitating industrial clustering by region; |
| 3. | Matters concerning the expansion of industrial cluster infrastructure; |
| 4. | Matters concerning assistance for any region where industries remain backward or inactive; |
| 5. | Other matters concerning industrial clustering and development of regional industries. |
| (3) | When the Minister of Trade, Industry and Energy intends to formulate or amend a master plan for promoting industrial clustering, he/she shall hear from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and consult with the Minister of Land, Infrastructure and Transport and the head of the relevant central administrative agency: Provided, That this shall not apply to revisions to insignificant matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| (4) | When the Minister of Trade, Industry and Energy intends to formulate or amend a master plan for promoting industrial clustering, he/she shall ensure that such master plan accords with the following plans: <Amended by Act No. 9629, Apr. 22, 2009; Act No. 10599, Apr. 14, 2011; Act No. 11690, Mar. 23, 2013; Act No. 15489, Mar. 20, 2018> |
| (5) | Where the head of a central administrative agency intends to perform or promote a project related to industrial development, he/she shall ensure that such project accords with a master plan for promoting industrial clustering. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 3-2 (Formulation, etc. of Regional Industry Promotion Plans) |
| (1) | A Mayor/Do Governor or the head of a large city (referring to the heads of large cities with a population of at least 500,000 persons excluding the Seoul Special Metropolitan City and Metropolitan Cities referred to in Article 175 of the Local Autonomy Act) may formulate a five-year regional industry promotion plan to develop regional industries, such as boosting industrial clustering in a district under his/her jurisdiction. In such cases, such plan shall accord with a master plan for promoting industrial clustering. <Amended by Act No. 10964, Jul. 25, 2011> |
| (2) | The Minister of Trade, Industry and Energy may give assistance necessary for promoting regional industries, such as industrial clustering. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 3-2 (Formulation, etc. of Regional Industry Promotion Plans) |
| (1) | A Mayor/Do Governor or the head of a large city (referring to the heads of large cities with a population of at least 500,000 persons excluding the Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities referred to in Article 175 of the Local Autonomy Act; hereinafter the same shall apply) may formulate a regional industry promotion plan every five years to develop regional industries, such as boosting industrial clustering in a district under his/her jurisdiction. In such cases, such plan shall accord with a master plan for promoting industrial clustering. <Amended by Act No. 10964, Jul. 25, 2011; Act No. 17007, Feb. 18, 2020> |
| (2) | The Minister of Trade, Industry and Energy may give assistance necessary for promoting regional industries, such as industrial clustering. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
<<Enforcement date: January 1, 2021>> Article 3-2
| Article 4 (Succession of Effect of Actions) |
Procedures and other acts under this Act shall be binding and inure to the benefit of the factory owner, factory occupant, and successor-in-interest.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
CHAPTER II INDUSTRIAL SITES
| Article 5 Deleted. <by Act No. 9426, Feb. 6, 2009> |
| Article 6 (Surveys on Industrial Sites) |
| (1) | The Minister of Trade, Industry and Energy may conduct a necessary survey on industrial sites, etc. (hereinafter referred to as "site survey") for the following matters, as prescribed by Presidential Decree: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| 1. | Formulation of a master plan for promoting industrial clustering; |
| 2. | Proper operation of industrial sites; |
| 3. | Establishment of standards on factory sites; |
| 4. | Preparation of management guidelines for industrial complexes; |
| 4-2. | Management of industrial cluster infrastructure and industrial infrastructure, etc.; |
| 5. | Other matters deemed necessary by the Minister of Trade, Industry and Energy concerning industrial sites. |
| (2) | If deemed necessary for conducting site surveys under paragraph (1), the Minister of Trade, Industry and Energy may request cooperation from the Mayor/Do Governor and the heads of relevant organizations, such as the Korea Industrial Complex Corporation under Article 45-9 (hereinafter referred to as the "Corporation"), Chambers of Commerce and Industry or the Korea Chamber of Commerce and Industry under the Chambers of Commerce and Industry Act, and the Korea Federation of Small and Medium Business under the Small and Medium Enterprise Cooperatives Act. In such cases, the Mayor/Do Governor and the heads of the relevant organizations, upon receipt of a request, shall comply with such request, except in extenuating circumstances. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy shall notify the Minister of Land, Infrastructure and Transport of the findings of a survey on industrial sites prescribed in paragraph (1). <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (4) | Pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport notified of the findings of a survey on industrial sites shall reflect such findings in the guidelines for formulating a supply plan for industrial sites prescribed in Article 5-2 of the Industrial Sites and Development Act, unless there exist any extenuating grounds. <Newly Inserted by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 6-2 (Installation, Operation, etc. of Factory Establishment Management Information System) |
| (1) | In order to efficiently handle the following affairs, the Minister of Trade, Industry and Energy may install and operate an electronic data processing system (hereinafter referred to as "Factory Establishment Management Information System"): <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | Approval for factory establishment; |
| 2. | Smooth supply of and demand for data on factory establishment, etc.; |
| 3. | Collection and analysis of data necessary for formulating policies on industrial clustering and factory establishment; |
| 4. | Other affairs determined by the Minister of Trade, Industry and Energy. |
| (2) | The head of a local government, or a management agency may have the following applications, reports, etc. (hereinafter referred to as "electronic application, etc.") filed through the Factory Establishment Management Information System: <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 16799, Dec. 10, 2019> |
| 1. | Application for approval, permission, registration, confirmation, etc. referred to in the main clause of Article 13 (1) and (3) of the said Article, Articles 13-2, 13-3, 14, 14-2, 14-3, 16, 16-2, 20, 21 and 28-2 (1) and (5); |
| 2. | Reporting referred to in the proviso to Articles 13 (1), 14, 15, 28-2 (2), 39 (3), 40 (2) and 43 (2); |
| 3. | Application for an occupancy agreement referred to in Articles 38, 38-2 and 40 (3); |
| 4. | Submission of reports and materials referred to in Article 48; |
| 5. | Submission of other applications or materials prescribed by Presidential Decree. |
| (3) | The head of a local government, or a management agency may grant or notify approval, permission, acceptance, etc. of electronic applications, etc. or handle other affairs prescribed by Presidential Decree through the Factory Establishment Management Information System. <Newly Inserted by Act No. 10964, Jul. 25, 2011> |
| (4) | For the operation of the Factory Establishment Management Information System, the Minister of Trade, Industry and Energy may request the heads of relevant agencies, such as the relevant central administrative agencies, local governments, public institutions referred to in Article 4 of the Act on the Management of Public Institutions or government-funded institutions, to provide necessary materials or information. In such cases, the head of an agency so requested shall comply, except in extenuating circumstances. <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for operating the Factory Establishment Management Information System shall be prescribed by Presidential Decree. <Amended by Act No. 10964, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 6-3 (Use of Data, etc. of Factory Establishment Management Information System) |
| (1) | The Minister of Trade, Industry and Energy may allow the heads of relevant central administrative agencies, local governments, or public institutions referred to in Article 4 of the Act on the Management of Public Institutions to use data on the Factory Establishment Management Information System (hereinafter referred to as "electronic data"), without obstructing the efficient handling of affairs concerning approval of factory establishment, etc. and violating the standards for protection of personal information of factory establishers, etc. prescribed by Presidential Decree. <Amended by Act No. 13312, May 18, 2015> |
| (2) | Deleted. <by Act No. 13312, May 18, 2015> |
| (3) | The Minister of Trade, Industry and Energy may charge usage fees on persons who intend to use electronic data pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters such as the procedures for use of electronic data referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 13312, May 18, 2015> |
[This Article Newly Inserted by Act No. 10964, Jul. 25, 2011]
| Article 6-4 (Direction and Supervision of Users of Electronic Data) |
| (1) | When the Minister of Trade, Industry and Energy may, where deemed necessary, direct or supervise persons using electronic data pursuant to Article 6-3 with respect to matters concerning the possession, management, etc. of electronic data. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters regarding the procedures, etc. for direction and supervision referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10964, Jul. 25, 2011]
| Article 6-5 (Education of Users of Factory Establishment Management Information System) |
| (1) | The Minister of Trade, Industry and Energy may provide persons using the Factory Establishment Management Information System with education necessary therefor. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may receive the costs for education referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10964, Jul. 25, 2011]
| Article 7 (Establishment, etc. of Industrial Site Research Center) |
| (1) | The Industrial Site Research Center shall be established under the Corporation for the purpose of providing efficient support for, surveying, researching, and advising on activities related to industrial sites for enterprises, such as providing information on the current status of industrial sites both in Korea and abroad. <Amended by Act No. 9426, Feb. 6, 2009> |
| (2) | Deleted. <by Act No. 6842, Dec. 30, 2002> |
| (3) | Matters necessary for the operation and supervision of the Industrial Site Research Center pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
| (4) | Deleted. <by Act No. 7861, Mar. 3, 2006> |
[This Article Wholly Amended by Act No. 5827, Feb. 8, 1999]
| Article 7-2 (Installation, etc. of Factory Establishment Support Center) |
| (1) | A factory establishment support center shall be installed under the Corporation in order to render consulting services on site selection for factory establishment, help gain access to various funds, provide guidance on tax reduction and exemption, operate the Factory Establishment Management Information System, conduct various affairs on the establishment of factories (including related affairs, such as application for permission for factory establishment; hereafter the same shall apply in this Article) or conduct such affairs by proxy and perform assistance affairs for factory establishment. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 10252, Apr. 12, 2010; Act No. 10964, Jul. 25, 2011> |
| (2) | Any person who intends to establish a factory may entrust the head of the factory establishment support center prescribed in paragraph (1) (hereinafter referred to as "support center") with affairs concerning factory establishment, such as preparation and submission of documents related to the establishment of his/her factory. <Amended by Act No. 9426, Feb. 6, 2009> |
| (3) | The head of the support center entrusted with the affairs concerning factory establishment shall transfer the documents to the head of a Si (including the administrative head of a Si and a Special Self-Governing City Mayor under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) and the head of a relevant administrative agency. In such cases, such documents may be processed through the Factory Establishment Management Information System. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 10252, Apr. 12, 2010; Act No. 10964, Jul. 25, 2011; Act No. 16799, Dec. 10, 2019> |
| (4) | Deleted. <by Act No. 8603, Aug. 3, 2007> |
| (5) | Matters necessary for the composition, operation, etc. of the support center shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
[This Article Newly Inserted by Act No. 6842, Dec. 30, 2002]
| Article 7-3 (Installation, etc. of Ombudsman’s Office for Factory Establishment, etc.) |
| (1) | An ombudsman’s office shall be installed under the Corporation to receive, investigate, and deal with corporate bottlenecks or recommendations involving factory establishment; to devise ways to relax or streamline administrative regulation on factory establishment; to work out ways to improve the system for establishment of factories; and to recommend that such improvement measures be implemented by the administrative agencies concerned. |
| (2) | The head of the ombudsman’s office for factory establishment established under paragraph (1) (hereinafter referred to as the "ombudsman’s office") shall perform his/her duty of dealing with bottlenecks, etc. involving factory establishment and may request cooperation from the administrative agencies concerned or other agencies. In such cases, such agencies concerned shall, upon receipt of a request for cooperation, present their opinions within 10 days. |
| (3) | Matters necessary for the composition, operation, etc. of the ombudsman’s office shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 7-4 (Establishment of Industrial Site Support Group) |
| (1) | The Mayor/Do Governor may establish and operate an industrial site support group (hereinafter referred to as "site support group") in order to support the selection of sites related to factory establishment and to provide information on factory sites. |
| (2) | Matters necessary for the formation and operation of a site support group shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9426, Feb. 6, 2009]
| Article 8 (Standards on Factory Sites) |
The Minister of Trade, Industry and Energy shall, in consultation with the head of a relevant central administrative agency, determine and publicly notify standards on factory sites (hereinafter referred to as "standards on sites") with respect to matters referred to in the following subparagraphs. The same shall also apply where such standards are altered: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Matters concerning a type of business, size and the scale of a factory allowed or restricted in each specific use area under the statutes prescribed by Presidential Decree, such as the National Land Planning and Utilization Act; |
| 2. | The ratio of the area (hereinafter referred to as "standard factory area ratio") of a factory building, etc. (hereinafter referred to as "factory building, etc.") prescribed by Presidential Decree to the area of a factory site by type of manufacturing business and objects of the application thereof; |
| 3. | Matters concerning the prevention of environmental pollution by type of manufacturing business; |
| 4. | Matters concerning restrictions on factory sites which may cause environmental pollution. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 9 (Confirmation, etc. of Standards on Factory Sites) |
| (1) | Where a landowner or any other interested person files an application, the head of a Si/Gun/Gu shall ascertain whether it is possible to establish a factory by the number of land lot on the land in the district under his/her jurisdiction and notify the applicant thereof within 10 days. |
| (2) | The head of a Si/Gun/Gu may publicly notify matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as areas in which factories are permitted to be established and types of business capable of operating factories which are permitted to be established in the areas, in an official report by the end of February each year. The same shall also apply where the head of a Si/Gun/Gu alters any matter publicly notified. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 10 (Succession to Rights and Duties) |
Any of the following persons shall succeed to rights and duties regarding the factory owned by a person who has obtained approval pursuant to Article 13 (1): | 1. | His/her successor, where a person who has obtained approval pursuant to Article 13 (1) passes away; |
| 2. | His/her transferee, where a person who has obtained approval pursuant to Article 13 (1) transfers the factory; |
| 3. | A corporation which continues to survive after merger or a corporation which is incorporated by merger, where a person who has obtained approval pursuant to Article 13 (1), who is a corporation, merges. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 11 (Application of Standard Factory Area Ratio) |
| (1) | A factory building, etc. to which the standard factory area ratio publicly announced pursuant to subparagraph 2 of Article 8 applies shall have the area calculated by applying the standard factory area ratio (hereinafter referred to as "standard factory construction area"): Provided, That this shall not apply to a site in which the construction of a factory is restricted under other Acts or which is prescribed by Presidential Decree. |
| (2) | If the head of a Si/Gun/Gu or a management agency, upon receipt of a report on the completion of the establishment of a factory pursuant to Article 15, finds that the area of a factory building, etc. falls short of the standard factory construction area referred to in paragraph (1), he/she shall return such report and require a report on the completion of the establishment of the factory to be resubmitted after fulfilling the requirements. <Amended by Act No. 10491, Mar. 30, 2011; Act No. 13312, May 18, 2015> |
| (3) | The area of factory buildings, etc. referred to in paragraph (1) includes the portion scheduled to be constructed during the period prescribed by Presidential Decree from the date the factory establishment, etc. is approved pursuant to Article 13. |
| (4) | A method for calculating the standard factory construction area shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 12 (Application of Standard Building Area Ratios to Types of Business Other than Manufacturing Business in Industrial Facilities Zones, etc.) |
| (1) | Subparagraph 2 of Article 8 shall apply mutatis mutandis to the ratio of the area of a business building, etc. to the area of a business site of an occupant enterprise that intends to conduct business other than manufacturing business (hereafter referred to as "business building, etc." in this Article) in an industrial facilities zone and complex zone (hereinafter referred to as “industrial facilities zone, etc.”) referred to in Article 33 (8) (hereinafter referred to as "standard building area ratio"). In such cases, "factory building, etc." and "standard factory area ratio" shall be respectively construed as "business building, etc." and "standard building area ratio." <Amended by Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019> |
| (2) | The standard building area ratio by types of business shall be prescribed by public notice within twice the highest ratio of the standard factory area ratios referred to in subparagraph 2 of Article 8, and the main clause of Article 11 (1) and (4) shall apply mutatis mutandis to the methods of application thereof. In such cases, "factory buildings, etc.," "standard factory area ratio" and "standard factory construction area" shall be respectively construed as "business building, etc.," "standard building area ratio" and "standard business building construction area." <Amended by Act No. 12929, Dec. 30, 2014> |
| (3) | Where a management agency deems that construction at a site in compliance with the standard business building area is likely to cause serious harm to safety or environmental preservation, the standard building area ratio may not apply to such site with approval from an authorized administrator, notwithstanding paragraph (2). <Newly Inserted by Act No. 12929, Dec. 30, 2014> |
[This Article Newly Inserted by Act No. 10491, Mar. 30, 2011]
CHAPTER III ESTABLISHMENT OF FACTORIES
| Article 13 (Approval for Establishment, etc. of Factories) |
| (1) | A person who intends to construct a new factory or extend the existing one or to alter the type of industry of a factory, the construction area of which is at least five hundred square meters (hereinafter referred to as "factory establishment, etc.") shall obtain approval from the head of a Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply where he/she intends to alter any approved matter: Provided, That where he/she intends to alter any insignificant matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy of the approved matters, he/she shall report thereon to the head of a Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where he/she falls under any of the following subparagraphs, he/she shall be deemed to have obtained approval for the factory establishment, etc. pursuant to paragraph (1): |
| 1. | Where he/she obtains approval pursuant to Article 20 (2); |
| 2. | Where he/she concludes an occupancy agreement and a contract for alteration pursuant to the main clause of Article 38 (1) and (2); |
| 3. | Where he/she obtains permission, approval or license on the establishment of a factory under other Acts prescribed by Presidential Decree. |
| (3) | Where the construction area of a factory is less than 500 square meters, a person who intends to be deemed to have obtained permission, reporting, licence, approval, cancellation, or abolition of use pursuant to Article 13-2 may also obtain approval for the factory establishment, etc. in accordance with paragraph (1). |
| (4) | When the head of a Si/Gun/Gu receives documents regarding the factory establishment, etc. from the head of the support center pursuant to Article 7-2 (3), he/she shall notify the head of the support center as to whether he/she approves the establishment or a reason for delay in processing for approval, within 20 days from the receipt of the documents (the period, where matters of authorization, permission and approval are separately prescribed in the relevant statutes). In such cases, where he/she fails to notify as to whether he/she approves the establishment or a reason for delay in processing for approval within the period, he/she shall be deemed to have approved the establishment on the day following the date the period expired. |
| (5) | Where the head of a Si/Gun/Gu gives notice of a reason for delay in processing for approval pursuant to paragraph (4), he/she may extend the period for approval under paragraph (4) by up to ten days. |
| (6) | When the head of a Si/Gun/Gu gives notice of disapproval pursuant to paragraph (4), he/she shall clearly state the grounds therefor, and the head of the support center may peruse the documents relevant to such grounds. |
| (7) | The head of a Si/Gun/Gu and a management agency shall keep a factory establishment ledger to enter necessary matters therein and maintain the same. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 13-2 (Deemed Authorization, Permission, etc.) |
| (1) | Where the head of the relevant Si/Gun/Gu has consulted with the head of a relevant administrative agency (including cases where consultation is omitted pursuant to the proviso to paragraph (5)) pursuant to the main clause of paragraph (5) regarding the following permission, reporting, license, approval, cancellation, abolition of use, etc. (hereinafter referred to as "authorization, permission, etc.") on sites of relevant factory and access roads as at the time when granting approval for the factory establishment, etc. pursuant to Article 13 (1), he/she shall be deemed to have been granted the relevant authorization, permission, etc.: <Amended by Act No. 9758, Jun. 9, 2009; Act No. 10252, Apr. 12, 2010; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 10892, Jul. 21, 2011; Act No. 12246, Jan. 14, 2014; Act No. 12248, Jan. 14, 2014; Act No. 13797, Jan. 19, 2016; Act No. 14480, Dec. 27, 2016; Act No. 14912, Oct. 24, 2017; Act No. 16799, Dec. 10, 2019> |
| 11. | Deleted; <by Act No. 10272, Apr. 15, 2010> |
| 18. | Permission for land transaction agreements prescribed in Article 11 of the Act on Report on Real Estate Transactions, Etc. |
| (2) | When granting permission for opening a private road, etc. pursuant to Article 4 of the Private Road Act to a person who has obtained approval for the factory establishment, etc. pursuant to Article 13 (1) (excluding a person deemed to have obtained the fictitious permission for opening a private road, etc. as at the time of obtaining approval for the factory establishment, etc. pursuant to paragraph (1) 9), matters over which the head of the relevant Si/Gun/Gu has consulted with the head of the relevant administrative agency pursuant to paragraph (5), regarding authorization, permission, etc. referred to in the subparagraphs of paragraph (1) (excluding subparagraph 9 of the same paragraph) on the site of an access road to the factory, shall be deemed to have been authorized, permitted, etc. |
| (3) | When approving the factory establishment, etc. pursuant to Article 13 (1), matters over which the head of a Si/Gun/Gu has consulted with the head of the relevant administrative agency pursuant to paragraph (5), regarding the following permission or reporting on the business to be conducted in the factory, shall be deemed to have been permitted or reported: <Amended by Act No. 10154, Mar. 22, 2010; Act No. 13089, Jan. 28, 2015> |
| (4) | A person who intends to obtain deemed authorization, permission, etc. or deemed permission or reporting under paragraphs (1) through (3) (including a person who intends to obtain deemed building permission or submit the deemed report on building pursuant to paragraph (1) 15 as well as deemed permission, etc. referred to in Article 14 (1)), shall submit related documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy when filing an application for approval for the factory establishment, etc.: Provided, That he/she may submit the related documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy when applying for permission for building pursuant to Article 14 (where he/she intends to obtain the deemed building permission or submit the deemed report on building pursuant to paragraph (1) 15, until the commencement of construction). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | When the head of a Si/Gun/Gu approves the factory establishment, etc. pursuant to Article 13 (1) or permits to open a private road, etc. referred to in Article 4 of the Private Road Act pursuant to paragraph (2), and if a matter falling under any subparagraph of paragraphs (1) and (3) is included in the matters of approval or permission, he/she shall consult with the head of the relevant administrative agency: Provided, That this shall not apply where the head of a Si/Gun/Gu grants approval according to the handling guidelines publicly notified pursuant to Article 13-4 (2). |
| (6) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under the main clause of paragraph (5) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (7) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (6) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (8) | Where the head of a Si/Gun/Gu approves the factory establishment, etc. pursuant to the proviso of paragraph (5), he/she shall notify the head of the relevant administrative agency of the details of such approval. <Amended by Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 13-3 (Special Cases concerning Approval for Establishment, etc. of Factories) |
| (1) | Where it is necessary to connect a path which is not a road (referring to a road under subparagraph 1 of Article 2 of the Road Act and a portion deemed to be a road under Article 108 of the same Act) to an access road to a factory in order to create access road to the factory and the standards prescribed by Presidential Decree are satisfied, the head of a Si/Gun/Gu shall grant permission to open a private road under Article 4 of the Private Road Act, deeming the road as a private road under Article 2 of the same Act. <Amended by Act No. 12248, Jan. 14, 2014; Act No. 16799, Dec. 10, 2019> |
| (2) | Where a person has obtained approval for the factory establishment, etc. in a specific use area, zone, etc. pursuant to Article 13 at the time a City/Gun management plan, etc. for designation or change of the specific use area, zone, etc. pursuant to the National Land Planning and Utilization Act is determined and publicly notified, he/she may continue to construct the factory or to conduct business without any restrictions on the relevant act, even if the specific use area, zone, etc. is designated or changed after he/she has obtained approval. In such cases, a person authorized to grant authorization or permission pursuant to the relevant statutes may give authorization or permission necessary for the factory establishment, etc. <Amended by Act No. 10599, Apr. 14, 2011> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 13-4 (Public Notice, etc. of Standards for Conduct of Business Establishing Factories) |
| (1) | The head of an administrative agency authorized to grant authorization, permission, etc. pursuant to the subparagraphs of Article 13-2 (1) (excluding subparagraph 16 of the same paragraph) shall prepare the standards for issuing such authorization, permission, etc. and notify the Minister of Trade, Industry and Energy of such. The same shall also apply where he/she changes the standards. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall publicly notify the integrated issuance standards notified pursuant to paragraph (1). The same shall also apply where he/she is notified of the change of the issuance standards publicly notified. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 13-5 (Revocation of Approval for Establishment of Factories, etc.) |
Where any person or entity who has obtained approval for the factory establishment, etc. pursuant to Article 13 is deemed unable to perform a project due to a ground falling under any of the following subparagraphs, the head of a Si/Gun/Gun may revoke the approval for the establishment of such factory, etc. and order to restore the relevant land to its original state, and in such cases, Article 42 of the Farmland Act and Article 39 of the Mountainous Districts Management Act shall apply mutatis mutandis to the restoration of land to its original state: Provided, That this shall not apply to cases prescribed by Presidential Decree where it is deemed unavoidable to exceed the period pursuant to subparagraph 3: | 1. | Where he/she fails to commence constructing his/her factory until three years (two years, where permission for or reporting on the conversion of farmland is deemed granted or made) have lapsed from the date he/she obtains approval for the factory establishment, etc.; |
| 2. | Where he/she is unable to establish a factory, etc. because permission for change of the form and quality of land is cancelled; |
| 3. | Where he/she fails to report on completion pursuant to Article 15 (1) until four years have passed after he/she obtains approval for the factory establishment, etc. and approval for installation of manufacturing facilities pursuant to Article 14-3, or has suspended construction works for not less than one year after the commencement of construction of a factory; |
| 4. | Where he/she uses a site or a building for which he/she obtains approval for the factory establishment, etc. for purposes other than those approved, without any justifiable grounds; |
| 5. | Where he/she fails to meet the standards for approval to establish a factory pursuant to Article 13 (1). |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 14 (Permission to Construct Factories) |
| (1) | Where a person who has obtained approval for establishment of a factory, etc. pursuant to Article 13 (1) (including a person deemed to have obtained approval for establishment of a factory, etc. pursuant to Article 13 (2); hereinafter the same shall apply) obtains building permission pursuant to Article 11 of the Building Act or submits a report pursuant to Article 14 of the same Act (including cases where building permission or construction reporting is deemed obtained or submitted as at the time of approval for the factory establishment, etc. pursuant to Article 13-2 (1) 15), matters about which the head of a Si/Gun/Gu has consulted with the head of the relevant administrative agency pursuant to paragraph (3) regarding the following permission, authorization, approval, consent, evaluation, or reporting (hereinafter referred to as "permission, etc.") shall be deemed to have been permitted, etc.: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 10599, Apr. 14, 2011; Act No. 10964, Jul. 25, 2011; Act No. 11037, Aug. 4, 2011; Act No. 12246, Jan. 14, 2014; Act No. 12248, Jan. 14, 2014; Act No. 12960, Jan. 6, 2015; Act No. 13089, Jan. 28, 2015; Act No. 13603, Dec. 22, 2015; Act No. 14532, Jan. 17, 2017; Act No. 16272, Jan. 15, 2019> |
| (2) | A person who intends to obtain permission, etc. deemed to be granted under the subparagraphs of paragraph (1) shall submit related documents prescribed by the relevant statutes when he/she applies for building permission for the relevant factory or submits a report thereon. |
| (3) | Where the head of a Si/Gun/Gu grants building permission prescribed in Article 11 (1) of the Building Act or receives a report on construction under Article 14 (1) of the same Act, if the details thereof include a matter falling under any subparagraph of paragraph (1) , he/she shall consult with the head of the relevant administrative agency. |
| (4) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under the main clause of paragraph (5) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 14 (Permission to Construct Factories) |
| (1) | Where a person who has obtained approval for establishment of a factory, etc. pursuant to Article 13 (1) (including a person deemed to have obtained approval for establishment of a factory, etc. pursuant to Article 13 (2); hereinafter the same shall apply) obtains building permission pursuant to Article 11 of the Building Act or submits a report pursuant to Article 14 of the same Act (including cases where building permission or construction reporting is deemed obtained or submitted as at the time of approval for the factory establishment, etc. pursuant to Article 13-2 (1) 15), matters about which the head of a Si/Gun/Gu has consulted with the head of the relevant administrative agency pursuant to paragraph (3) regarding the following permission, authorization, approval, consent, evaluation, or reporting (hereinafter referred to as "permission, etc.") shall be deemed to have been permitted, etc.: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 10599, Apr. 14, 2011; Act No. 10964, Jul. 25, 2011; Act No. 11037, Aug. 4, 2011; Act No. 12246, Jan. 14, 2014; Act No. 12248, Jan. 14, 2014; Act No. 12960, Jan. 6, 2015; Act No. 13089, Jan. 28, 2015; Act No. 13603, Dec. 22, 2015; Act No. 14532, Jan. 17, 2017; Act No. 16272, Jan. 15, 2019; Act No. 17171, Mar. 31, 2020> |
| 4. | Authorization for a private-use electric installation work plan and report thereon under Article 8 (1) and (2) of the Electrical Safety Management Act; |
| (2) | A person who intends to obtain permission, etc. deemed to be granted under the subparagraphs of paragraph (1) shall submit related documents prescribed by the relevant statutes when he/she applies for building permission for the relevant factory or submits a report thereon. |
| (3) | Where the head of a Si/Gun/Gu grants building permission prescribed in Article 11 (1) of the Building Act or receives a report on construction under Article 14 (1) of the same Act, if the details thereof include a matter falling under any subparagraph of paragraph (1), he/she shall consult with the head of the relevant administrative agency. |
| (4) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under the main clause of paragraph (5) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
<<Enforcement date: April 1, 2021>> Article 14
| Article 14-2 (Approval for Use of Factory Buildings) |
| (1) | Where the head of a Si/Gun/Gu grants approval for the use of a building pursuant to Article 22 (1) of the Building Act to a person deemed to have obtained building permission or submitted a report on construction when approving the factory establishment, etc. pursuant to Article 13-2 (1) and a person who has obtained building permission or submitted a report pursuant to Article 14, matters over which he/she has consulted with the head of a relevant administrative agency pursuant to paragraph (3) regarding the following inspection, report, consent and application (hereinafter referred to as "inspection, etc.") shall be deemed to have been inspected, etc.: <Amended by Act Nos. 9770 & 9774, Jun. 9, 2009; Act No. 11037, Aug. 4, 2011; Act No. 12738, Jun. 3, 2014; Act No. 12960, Jan. 6, 2015; Act No. 13089, Jan. 28, 2015; Act No. 13603, Dec. 22, 2015; Act No. 14532, Jan. 17, 2017> |
| 11. | Reporting on commencement of operation under Article 12 of the Act on the Integrated Control of Pollutant Discharging Facilities. |
| (2) | A person who intends to be deemed to have obtained inspection, etc. conducted under paragraph (1) shall submit related documents prescribed by the relevant statutes when he/she requests approval for the use of the relevant factory building. |
| (3) | Where the head of a Si/Gun/Gu approves the use pursuant to Article 22 (1) of the Building Act, if the details thereof include a matter falling under any subparagraph of paragraph (1), he/she shall consult with the head of the relevant administrative agency. |
| (4) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under paragraph (3) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 14-2 (Approval for Use of Factory Buildings) |
| (1) | Where the head of a Si/Gun/Gu grants approval for the use of a building pursuant to Article 22 (1) of the Building Act to a person deemed to have obtained building permission or submitted a report on construction when approving the factory establishment, etc. pursuant to Article 13-2 (1) and a person who has obtained building permission or submitted a report pursuant to Article 14, matters over which he/she has consulted with the head of a relevant administrative agency pursuant to paragraph (3) regarding the following inspection, report, consent and application (hereinafter referred to as "inspection, etc.") shall be deemed to have been inspected, etc.: <Amended by Act Nos. 9770 & 9774, Jun. 9, 2009; Act No. 11037, Aug. 4, 2011; Act No. 12738, Jun. 3, 2014; Act No. 12960, Jan. 6, 2015; Act No. 13089, Jan. 28, 2015; Act No. 13603, Dec. 22, 2015; Act No. 14532, Jan. 17, 2017; Act No. 17171, Mar. 31, 2020> |
| 1. | Inspection prior to the operation of private-use electric facilities prescribed in Article 9 of the Electrical Safety Management Act; |
| 11. | Reporting on commencement of operation under Article 12 of the Act on the Integrated Control of Pollutant Discharging Facilities. |
| (2) | A person who intends to be deemed to have obtained inspection, etc. conducted under paragraph (1) shall submit related documents prescribed by the relevant statutes when he/she requests approval for the use of the relevant factory building. |
| (3) | Where the head of a Si/Gun/Gu approves the use pursuant to Article 22 (1) of the Building Act, if the details thereof include a matter falling under any subparagraph of paragraph (1), he/she shall consult with the head of the relevant administrative agency. |
| (4) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under paragraph (3) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
<<Enforcement Date: April 1, 202>> Article 14-2
| Article 14-3 (Approval for Installation of Manufacturing Facilities) |
| (1) | A person who intends to install manufacturing facilities, etc. and to conduct manufacturing business in all or part of a factory building, which falls under any of the following subparagraphs, and of which construction area is at least 500 square meters, shall obtain approval from the head of a Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply where the person intends to alter any matters approved: Provided, That when he/she intends to alter any insignificant matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy among approved matters, he/she shall report thereon to the head of a Si/Gun/Gu: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | A factory building built with approval for the factory establishment, etc. under Article 13 (1) without specifying a type of business in advance; |
| 2. | A factory building which is registered pursuant to Article 16 (1), and the registration thereof has been cancelled pursuant to Article 17 (1) 2. |
| (2) | Where a person has concluded an occupancy agreement pursuant to the main clause of Article 38 (1), he/she shall be deemed to have obtained approval for installation of manufacturing facilities pursuant to paragraph (1). |
| (3) | When the head of a Si/Gun/Gu grants approval pursuant to paragraph (1), with respect to matters over which he/she has consulted with the head of the relevant administrative agency regarding permission or reporting pursuant to the subparagraphs of Article 13-2 (3) and permission, etc. pursuant to the subparagraphs of Article 14 (1), permission shall be deemed granted or a report made pursuant to the subparagraphs of Article 13-2 (3), or permission, etc. have been granted pursuant to the subparagraphs of Article 14 (1). |
| (4) | Article 13-2 (4) and the main clause of paragraph (5) of the same Article, and Article 14 (2) and (3) shall apply mutatis mutandis to the cases referred to in paragraph (3). In such cases, "application for approval to establish a factory, etc." and "application for permission for construction of a factory or reporting on construction" shall be deemed "application for approval to install manufacturing facilities," respectively. |
| (5) | When the head of a Si/Gun/Gu receives a report on the completion of the factory establishment, etc. pursuant to Article 15 from a person who has installed manufacturing facilities, etc. upon approval for the installation of manufacturing facilities obtained pursuant to paragraph (1), matters over which he/she has consulted with the head of the relevant administrative agency regarding inspection, etc. referred to in the subparagraphs of Article 14-2 (1) shall be deemed to have been inspected, etc. pursuant to the subparagraphs of Article 14 -2 (1). |
| (6) | Article 14-2 (2) and (3) shall apply mutatis mutandis to the cases referred to in paragraph (5). In such cases, "application for approval for the use" and "approval for use" shall be construed as "reporting on the completion of the factory establishment, etc." and "acceptance of the reporting on the completion." |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 14-4 (Revocation of Approval for Installation of Manufacturing Facilities) |
Where a person is deemed to have obtained approval for installation of manufacturing facilities pursuant to Article 14-3 (1) by fraud or other improper means, or to have difficulty in performing a project due to the grounds prescribed by Presidential Decree, the head of a Si/Gun/Gu may revoke the approval for installation of manufacturing facilities. [This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 15 (Reporting on Completion of Establishment, etc. of Factories, etc.) |
| (1) | Where a person who has obtained approval for factory establishment, etc. under Article 13 (1) completes construction of the factory, or a person who has obtained approval for installation of manufacturing facilities under Article 14-3 (1) (including a person deemed to have obtained approval for installation of manufacturing facilities under Article 14-3 (2)) completes the installation of manufacturing facilities, he/she shall report the completion of the establishment of the factory, etc. to the head of a Si/Gun/Gu within the deadline prescribed by Presidential Decree: Provided, That an occupant enterprise shall report the completion to a management agency. |
| (2) | Where an occupant enterprise that has concluded an occupancy agreement pursuant to Article 38 (1) and (2) applied mutatis mutandis pursuant to paragraph (3) of the same Article installs facilities in an industrial facilities zone, etc. according to a business plan, he/she shall report the commencement of his/her business to a management agency by the deadline prescribed by Presidential Decree after ensuring that such facilities conform to the standard building area ratio. <Amended by Act No. 10491, Mar. 30, 2011; Act No. 12929, Dec. 30, 2014> |
| (3) | The head of a Si/Gun/Gu or a management agency shall give notice to a person who files a report as to whether or not to accept the report or of an extension of the processing period under statutes or regulations relating to processing civil petitions within 10 days of receipt of the report under paragraph (2). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (4) | Where the head of a Si/Gun/Gu or a management agency fails to give notice to the person who files the report as to whether or not to accept the report or of an extension of the processing period within the period prescribed in paragraph (3), such report shall be deemed accepted on the day after the date said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions) expires. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 16 (Registration of Factories) |
| (1) | Upon receipt of a report on the completion of the establishment of a factory, etc. under Article 15, the head of a Si/Gun/Gu or a management agency shall register the factory in a factory registration ledger, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The owner or occupant of a factory subject to approval for the establishment of a factory, etc. pursuant to Article 13 (1) or not subject to approval pursuant to Article 20 (2) may file for registration of his/her factory under paragraph (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where a person who has obtained approval for the establishment of a factory, etc. under Article 13 (1) intends to partially operate a factory before the construction thereof is completed, he/she shall file for registration of the factory, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Any person who has revised any matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy among matters recorded in the factory registration ledger under paragraphs (1) through (3) shall file for registration of revision with the head of a Si/Gun/Gu within two months from the date of the revision: Provided, That where an occupant enterprise applies for change of an occupancy agreement pursuant to Article 38 (2) after having completed the factory establishment, etc. it shall be deemed to have applied for registration of revision. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Where a management agency registers a factory in the factory registration ledger under paragraphs (1) through (3) or records the revisions to registered matters under paragraph (4), it shall notify the head of a Si/Gun/Gu of such fact. |
| (6) | When the head of a Si/Gun/Gu registers a person who has completed the factory establishment, etc. in accordance with paragraphs (1) through (3), with respect to matters over which he/she has consulted with the head of the relevant administrative agency regarding the following registration, reporting, and permission (hereafter referred to as "registration, etc." in this Article) pursuant to paragraph (9), the following registration, etc. shall be deemed to have been completed: <Amended by Act No. 9449, Feb. 6, 2009; Act No. 9626, Apr. 22, 2009; Act No. 10154, Mar 22, 2010; Act No. 10310, May 25, 2010; Act No. 11862, Jun. 4, 2013; Act No. 12694, May 28, 2014; Act No. 16272, Jan. 15, 2019> |
| 7. | Registration to engage in the business of manufacturing measuring instruments, the business of repairing measuring instruments, or the business of measurement and certification under Article 7 of the Measures Act; |
| 9. | Permission to engage in the business of handling toxic chemicals under Article 28 of the Chemicals Control Act; |
| 11. | Permission to engage in drinking spring water manufacturing business, registration of water-treatment chemicals manufacturing business and reporting on water purifier manufacturing business under Article 21 of the Drinking Water Management Act; |
| 12. | Permission for and reporting on food or food additive manufacturing and processing business, apparatus, container or package manufacturing business under Article 37 of the Food Sanitation Act; |
| 19. | Permission to engage in speculative machine manufacturing business under Article 13 (1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. |
| (7) | When the head of a Si/Gun/Gu registers revision pursuant to paragraph (4), matters over which he/she has consulted with the head of the relevant administrative agency regarding the following permission for revision, reporting on revision, or reporting on succession to status (hereinafter referred to in this Article as "permission for revision, etc.") pursuant to paragraph (9) shall be deemed to have been permitted for relevant revision, etc.: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 13089, Jan. 28, 2015; Act No. 14532, Jan. 17, 2017> |
| (8) | A person who intends to be deemed to have obtained registration, etc. referred to in paragraph (6) or permission for revision, etc. referred to in paragraph (7) shall submit related documents prescribed by the relevant statutes when he/she reports the completion of the establishment of the relevant factory, etc. or files for registration of revision thereto. |
| (9) | When the head of a Si/Gun/Gu registers a factory pursuant to paragraphs (1) through (3) or registers a revision pursuant to paragraph (4), if the details thereof include a matter falling under any of the subparagraphs of paragraph (6) or the subparagraphs of paragraph (7), he/she shall consult with the head of the relevant administrative agency. |
| (10) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under paragraph (9) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (11) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (10) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (12) | Procedures for registration of a factory, the scope of application under paragraphs (1) through (5) and (9), and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 16 (Registration of Factories) |
| (1) | Upon receipt of a report on the completion of the establishment of a factory, etc. under Article 15, the head of a Si/Gun/Gu or a management agency shall register the factory in a factory registration ledger, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The owner or occupant of a factory subject to approval for the establishment of a factory, etc. pursuant to Article 13 (1) or not subject to approval pursuant to Article 20 (2) may file for registration of his/her factory under paragraph (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where a person who has obtained approval for the establishment of a factory, etc. under Article 13 (1) intends to partially operate a factory before the construction thereof is completed, he/she shall file for registration of the factory, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Any person who has revised any matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy among matters recorded in the factory registration ledger under paragraphs (1) through (3) shall file for registration of revision with the head of a Si/Gun/Gu within two months from the date of the revision: Provided, That where an occupant enterprise applies for change of an occupancy agreement pursuant to Article 38 (2) after having completed the factory establishment, etc. it shall be deemed to have applied for registration of revision. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Where a management agency registers a factory in the factory registration ledger under paragraphs (1) through (3) or records the revisions to registered matters under paragraph (4), it shall notify the head of a Si/Gun/Gu of such fact. |
| (6) | When the head of a Si/Gun/Gu registers a person who has completed the factory establishment, etc. in accordance with paragraphs (1) through (3), with respect to matters over which he/she has consulted with the head of the relevant administrative agency regarding the following registration, reporting, and permission (hereafter referred to as "registration, etc." in this Article) pursuant to paragraph (9), the following registration, etc. shall be deemed to have been completed: <Amended by Act No. 9449, Feb. 6, 2009; Act No. 9626, Apr. 22, 2009; Act No. 10154, Mar 22, 2010; Act No. 10310, May 25, 2010; Act No. 11862, Jun. 4, 2013; Act No. 12694, May 28, 2014; Act No. 16272, Jan. 15, 2019> |
| 7. | Registration to engage in the business of manufacturing measuring instruments, the business of repairing measuring instruments, or the business of measurement and certification under Article 7 of the Measures Act; |
| 9. | Permission to engage in the business of handling toxic chemicals under Article 28 of the Chemicals Control Act; |
| 11. | Permission to engage in drinking spring water manufacturing business, registration of water-treatment chemicals manufacturing business and reporting on water purifier manufacturing business under Article 21 of the Drinking Water Management Act; |
| 12. | Permission for and reporting on food or food additive manufacturing and processing business, apparatus, container or package manufacturing business under Article 37 of the Food Sanitation Act; |
| 19. | Permission to engage in speculative machine manufacturing business under Article 13 (1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. |
| (7) | When the head of a Si/Gun/Gu registers revision pursuant to paragraph (4), matters over which he/she has consulted with the head of the relevant administrative agency regarding the following permission for revision, reporting on revision, or reporting on succession to status (hereinafter referred to in this Article as "permission for revision, etc.") pursuant to paragraph (9) shall be deemed to have been permitted for relevant revision, etc.: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 13089, Jan. 28, 2015; Act No. 14532, Jan. 17, 2017; Act No. 17171, Mar. 31, 2020> |
| 1. | Authorization for, or reporting on, revision to a plan for installing private electric facilities under Article 8 (1) and (2) of the Electrical Safety Management Act; |
| (8) | A person who intends to be deemed to have obtained registration, etc. referred to in paragraph (6) or permission for revision, etc. referred to in paragraph (7) shall submit related documents prescribed by the relevant statutes when he/she reports the completion of the establishment of the relevant factory, etc. or files for registration of revision thereto. |
| (9) | When the head of a Si/Gun/Gu registers a factory pursuant to paragraphs (1) through (3) or registers a revision pursuant to paragraph (4), if the details thereof include a matter falling under any of the subparagraphs of paragraph (6) or the subparagraphs of paragraph (7), he/she shall consult with the head of the relevant administrative agency. |
| (10) | The head of a relevant administrative agency shall submit his/her opinion within 10 days of receipt of a request for consultation under paragraph (9) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 10 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (11) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (10) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (12) | Procedures for registration of a factory, the scope of application under paragraphs (1) through (5) and (9), and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 11690, Mar. 23, 2013; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
<<Enforcement date: April 1, 2021>> Article 16
| Article 16-2 (Registration of Factory Buildings) |
| (1) | A person who has obtained approval for use of a factory building under Article 14-2 (1) may file an application for registration of the factory building with the head of a Si/Gun/Gu or a management agency before installing manufacturing facilities, etc. |
| (2) | If the head of a Si/Gun/Gu or a management agency receives an application pursuant to paragraph (1), he/she or it shall register the relevant factory building in the factory registration ledger under Article 16 (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 17 (Revocation, etc. of Registration of Factories) |
| (1) | Where a factory registered under Article 16 (1) through (3) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may revoke registration of the relevant factory, as prescribed by Presidential Decree: |
| 1. | Where the factory ceases to exist or the use of the building is altered; |
| 2. | Where the factory is shut down or its manufacturing facilities are removed; |
| 3. | Other cases prescribed by Presidential Decree. |
| (2) | Where the head of a Si/Gun/Gu has revoked registration of a factory pursuant to paragraph (1), he/she shall notify the relevant administrative agency with which he/she has consulted about registration, etc. referred to in the subparagraphs of Article 16 (6), of such revocation. |
| (3) | The scope of revocation of registration under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 18 (Consultation on Establishment, etc. of Factories) |
| (1) | When the head of a Si/Gun/Gu consults with the head of the relevant administrative agency under Articles 13-2 (5) (including cases where Article 20 (4) is applied mutatis mutandis), 14 (3), 14-2 (3) and 16 (9), if such consultation is not effected, he/she may request the Mayor/Do Governor for consultation, and if consultation with the Mayor/Do Governor is not effected, he/she may request the Minister of Trade, Industry and Energy to consult with him/her. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall, upon receipt of a request prescribed in paragraph (1), have a consultation with the head of the relevant administrative agency over the details thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 19 (Establishment, etc. of Public Service Center for Establishment of Factories) |
| (1) | The Mayor/Do Governor or the head of a Si/Gun/Gu may establish an organization (hereinafter referred to as "public service center for the establishment of factories") which is comprehensively able to receive and conduct civil petitions related to industrial sites and the establishment of factories. <Amended by Act No. 9426, Feb. 6, 2009> |
| (2) | and (3) Deleted. <by Act No. 5240, Dec. 31, 1996> |
| (4) | Deleted. <by Act No. 5091, Dec. 29, 1995> |
| (5) | Matters necessary for the establishment, operation, etc. of the public service center for the establishment of factories shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
CHAPTER IV PROMOTION OF INDUSTRIAL CLUSTERING
| Article 20 (Restrictions on Establishment of New Factories) |
| (1) | No person shall construct (including installation of manufacturing facilities under Article 14-3; hereafter the same shall apply in this Article), a new factory, expand or relocate the existing one (including a knowledge industry center; hereafter the same shall apply in this Chapter), the construction area of which is at least 500 square meters, nor change the type of business of a factory in an overpopulation control zone, growth management zone or nature conservation zone under the Seoul Metropolitan Area Readjustment Planning Act: Provided, That this shall not apply to cases prescribed by Presidential Decree, where it is deemed necessary for developing the national economy and creating a living environment for local residents. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 10252, Apr. 12, 2010; Act No. 11964, Jul. 30, 2013> |
| (2) | Any person who intends to construct a new factory, extend or relocate the existing one, or change the type of business, pursuant to the proviso to paragraph (1) shall obtain approval from the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall also apply where he/she intends to alter any approved matter: Provided, That where he/she intends to alter any insignificant matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy among matters approved, he/she shall report thereon to the head of a Si/Gun/Gu. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Deleted. <by Act No. 5240, Dec. 31, 1996> |
| (4) | Articles 13 (3) and (4), 13-2, and 13-3 shall apply mutatis mutandis to approval prescribed in paragraph (2). <Amended by Act No. 9426, Feb. 6, 2009> |
| (5) | Deleted. <by Act No. 5091, Dec. 29, 1995> |
| (6) | Article 13-5 shall apply mutatis mutandis to persons who have obtained approval under paragraph (2). <Amended by Act No. 9426, Feb. 6, 2009> |
| (7) | Any person who has concluded an occupancy agreement pursuant to Article 38 (1) (including a contract for change pursuant to Article 38 (2)) in an overpopulation control zone, growth management zone, or nature conservation zone shall be deemed to have obtained approval under paragraph (2). <Amended by Act No. 9426, Feb. 6, 2009; Act No. 10252, Apr. 12, 2010> |
[This Article Wholly Amended by Act No. 4720, Jan. 7, 1994]
| Article 21 (Confirmation of Relocation of Factories) |
Any person who has relocated a factory from an overpopulation control zone to a host area or any other area may apply for the confirmation of relocation of his/her factory to the head of a Si/Gun/Gu in which his/her previous factory is located and obtain confirmation thereof. <Amended by Act No. 10252, Apr. 12, 2010>
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 22 (Designation, etc. of Knowledge-Based Industrial Cluster Zones) |
| (1) | If necessary to promote clustering of knowledge-based industries or to implement a competitiveness strengthening project for industrial clusters, a Mayor/Do Governor, the Corporation, and other management agencies prescribed by Presidential Decree may formulate a program for promoting knowledge-based industrial cluster zones which includes the following matters, and request the Minister of Trade, Industry and Energy to designate a certain area under his/her jurisdiction as a knowledge-based industrial cluster zone: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| 1. | The area intended to be designated as a knowledge-based industrial cluster zone; |
| 2. | The scale of financial resources required for promoting a knowledge-based industrial cluster zone and funding plan; |
| 3. | Other matters prescribed by Presidential Decree to promote clustering of knowledge-based industries. |
| (2) | Upon receipt of a request for designation of a knowledge-based industrial cluster zone, the Minister of Trade, Industry and Energy may designate the relevant area as a knowledge-based industrial cluster zone if a program for promoting knowledge-based industrial cluster zones meets the following requirements. In such cases, he/she shall consult with the head of the relevant central administrative agency in advance: <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| 1. | A program for promoting knowledge-based industrial cluster zones shall be brought in conformity with the master plan for promoting industrial clustering; |
| 3. | A plan to expand the industrial cluster infrastructure and a financing plan therefor, etc. shall be feasible. |
| (3) | Where an area requested to be designated as a knowledge-based industrial cluster zone is located in an urban high-tech industrial complex referred to in Article 7-2 of the Industrial Sites and Development Act or in an industrial complex in which a competitiveness strengthening project for industrial clusters under Article 22-3 or an industrial complex structure improvement project under Article 45-2 is implemented, the Minister of Trade, Industry and Energy may preferentially designate such area as a knowledge-based industrial cluster zone. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| (4) | Where the Minister of Trade, Industry and Energy designates a knowledge-based industrial cluster zone pursuant to paragraph (2), he/she shall publicly announce the details of the designation, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 22-2 (Support for Knowledge-Based Industrial Cluster Zones) |
| (1) | The Minister of Trade, Industry and Energy may preferentially support the following projects to be implemented within knowledge-based industrial cluster zones: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| (2) | For the purpose of promoting knowledge-based industrial cluster zones, the Minister of SMEs and Startups may preferentially provide support to a local government having jurisdiction over a designated knowledge-based industrial cluster zone, when giving support to create funds for fostering local small and medium enterprises pursuant to Article 62-17 of Small and Medium Enterprises Promotion Act. <Amended by Act No. 13312, May 18, 2015; Act No. 14111, Mar. 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Corporation establishes a knowledge industry center in a knowledge-based industrial cluster zone, the State or a local government may preferentially provide funds required for the establishment of such knowledge industry center. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 13312, May 18, 2015> |
| (4) | The State or a local government may preferentially support construction of industrial cluster infrastructure and industrial infrastructure of knowledge-based industrial cluster zones for promoting such knowledge-based industrial cluster zones. <Amended by Act No. 13312, May 18, 2015> |
| (5) | A local government may provide necessary support, such as payment of subsidies, to companies located in its jurisdictional knowledge-based industrial cluster zone or scheduled to relocate into its jurisdictional knowledge-based industrial cluster zone, as prescribed by its municipal ordinances. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 13312, May 18, 2015> |
| (6) | The following charges may be reduced or exempted for companies engaging in the knowledge-based industry in a knowledge-based industrial cluster zone and industrial cluster infrastructure in a knowledge-based industrial cluster zone: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 13312, May 18, 2015> |
| (7) | A local government may grant a local tax exemption to any of the following persons, as prescribed by the Restriction of Special Local Taxation Act and its municipal ordinances: <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 13312, May 18, 2015> |
| 1. | A person who expands or improves industrial cluster infrastructure in a knowledge-based industrial cluster zone; |
| 2. | A person who establishes a knowledge industry center in a knowledge-based industrial cluster zone; |
| 3. | An occupant enterprise or support institution which purchases a knowledge industry center sold in lots in a knowledge-based industrial cluster zone. |
| (8) | For the purpose of promoting knowledge-based industrial cluster zones, a local government may permit the construction of a knowledge industry center in a knowledge-based industrial cluster zone by up to the ceilings of building-to-land ratio and floor area ratio prescribed by its municipal ordinances for each specific use area. <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 13312, May 18, 2015> |
| (9) | Any of the following persons may provide credit guarantees preferentially to a person who establishes or purchases knowledge industry centers sold in lots in knowledge-based industrial cluster zones so that he/she can procure funds therefor efficiently: <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 13312, May 18, 2015; Act No. 14122, Mar. 29, 2016> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 22-3 (Formulation, etc. of Promotion Plan for Competitiveness Strengthening Projects for Industrial Clusters) |
| (1) | The Minister of Trade, Industry and Energy shall formulate and publicly notify a promotion plan for competitiveness strengthening projects for industrial clusters for the efficient promotion of competitiveness strengthening projects. The same shall also apply to any modification thereto. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| (2) | A promotion plan for competitiveness strengthening projects for industrial clusters shall include the following matters: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 13312, May 18, 2015> |
| 1. | Matters concerning the current status of industrial clustering by industrial complex which promotes competitiveness strengthening projects for industrial clusters; |
| 2. | Matters concerning enhancement of research and development capabilities of enterprises, research institutes, and universities as well as mutual linkages therewith; |
| 3. | Matters concerning the expansion of the industrial cluster infrastructure and the attraction of superior industrial technical human resources; |
| 3-2. | A plan for promoting connections among industrial cluster areas; |
| 4. | The project promoting system and a plan for providing financial resources; |
| 5. | Other matters necessary for promoting a competitiveness strengthening project for industrial clusters. |
| (3) | Where the Minister of Trade, Industry and Energy intends to formulate or modify a promotion plan for competitiveness strengthening projects for industrial clusters, he/she shall hear from the competent Mayor/Do Governor and consult with the head of the relevant central administrative agency: Provided, That this shall not apply where he/she modifies any minor matter prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| (4) | Where the Minister of Trade, Industry and Energy intends to formulate or modify a promotion plan for competitiveness strengthening projects for industrial clusters, he/she shall formulate or modify the plan in correlation with the master plan for promoting industrial clustering. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| (5) | The State or local governments may, if necessary to promote competitiveness strengthening projects for industrial clusters, grant contribution or subsidy to the Corporation and other management agencies prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 13312, May 18, 2015> |
| (6) | Detailed procedures for the execution and operation of competitiveness strengthening projects for industrial clusters shall be determined and publicly announced by the Minister of Trade, Industry and Energy. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 22-4 (Designation, etc. of University-Industry Collaboration Zones) |
| (1) | If necessary to cluster educational facilities and research and development facilities in order to enhance the competitiveness of industrial complexes and Technoparks under subparagraph 1 of Article 2 of the Act on Special Cases concerning Support for Technoparks and encourage lifelong learning of workers, the head of a local government, the Corporation, a management agency prescribed by Presidential Decree, or a non-profit corporation prescribed by Presidential Decree may request the Minister of Trade, Industry and Energy to designate a specific area as a university-industry collaboration zone by formulating a university-industry collaboration promotion plan stating the following matters (hereinafter referred to as "university-industry collaboration promotion plan"): Provided, That where the head of a local government requests such designation, he/she shall consult with the heads of relevant local governments in advance: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15866, Dec. 11, 2018> |
| 1. | An area intended to be designated as a university-industry collaboration zone; |
| 2. | Methods of clustering universities and research institutes; |
| 3. | Methods of expanding and improving facilities necessary for education, and research and development; |
| 4. | Methods of conducting industrial demand-based education, and research and development; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | Upon receipt of a request for the designation of a university-industry collaboration zone, the Minister of Trade, Industry and Energy may designate the university-industry collaboration zone, if a university-industry collaboration promotion plan satisfies all of the following requirements. In such cases, he/she shall consult with the heads of relevant central administrative agencies in advance: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15866, Dec. 11, 2018> |
| 1. | A university-industry collaboration activation plan is harmonized with a master plan for promoting industrial clustering; |
| 2. | An area intended to be designated as a university-industry collaboration zone is located in an industrial complex, Technopark, or an area adjacent thereto which conforms to the standards prescribed by Presidential Decree; |
| 3. | Methods of clustering universities and research institutes are feasible, for example, it is possible to satisfy the standards for establishment referred to in Article 4 of the Higher Education Act; |
| 4. | Methods of expanding and improving relevant facilities and methods of financing are reasonable; |
| 5. | Methods of conducting education, and research and development are proper. |
| (3) | When the Minister of Trade, Industry and Energy deems it necessary to designate a university-industry collaboration zone, he/she may formulate a university-industry collaboration promotion plan and designate a university-industry collaboration zone through consultation with the heads of relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When the Minister of Trade, Industry and Energy designates a university-industry collaboration zone pursuant to paragraphs (2) and (3), he/she shall give public notice of the details thereof, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for the designation, change, etc. of university-industry collaboration zones shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10964, Jul. 25, 2011]
| Article 22-5 (Support for University-Industry Collaboration Zones) |
For the purpose of revitalizing university-industry collaboration zones, the State or local governments may make contributions or provide subsidies to persons who conduct education, and who engage in research and development in university-industry collaboration zones.
[This Article Newly Inserted by Act No. 10964, Jul. 25, 2011]
| Article 23 (Designation of Host Areas) |
| (1) | Where it is required to create an industrial complex to facilitate the relocation of factories to provinces and the grouping of pollution causing industries, and where it is required to create factory sites the size of which is no smaller than the one prescribed by Presidential Decree, the Minister of Trade, Industry and Energy shall designate and publicly announce a host area. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Trade, Industry and Energy intends to designate a host area, he/she shall prepare a designation plan for host areas and consult with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The following matters shall be included in a designation plan for host areas: |
| 1. | Locations and boundaries of host areas; |
| 2. | Types and scales of industries to be attracted to areas; |
| 3. | Kinds of industrial complexes by the development of host areas; |
| 4. | Other matters prescribed by Presidential Decree. |
| (4) | Necessary matters, such as procedures for designating host areas prescribed in paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 24 (Designation Standards for host Areas) |
Host areas shall be designated from among the areas which fulfill the following conditions:
| 1. | In terms of location, areas with huge potential for use, such as capacity to accomodate highly concentrated industries; |
| 2. | Areas with substantial effects on regional development; |
| 3. | Areas allowing easy procurement of industrial sites and the installation of support facilities such as water and electricity connections. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 25 (Relocation of Factories to Host Areas) |
Regarding factories moving in to host areas designated and publicly notified pursuant to Article 23, the Minister of Trade, Industry and Energy may, if necessary, have factories which wish to leave a growth management zone preferentially occupy there. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 26 (Spurring Relocation of Enterprises to Provinces) |
| (1) | The Minister of Trade, Industry and Energy may formulate and execute policies for developing regional industries in consultation with the head of the relevant central administrative agency to spur the development of regional industries by accelerating the relocation of enterprises to provinces. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The State or local governments shall give necessary assistance in order to propel the relocation of enterprises to provinces. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 27 Deleted. <by Act No. 5827, Feb. 8, 1999> |
| Article 28 (Urban Factories) |
The head of a Si/Gun/Gu and a management agency may designate high-tech industry factories, factories emitting low levels of pollutants, factories interrelated with urban life and other factories as urban factories, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16799, Dec. 10, 2019>
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
CHAPTER IV-2 KNOWLEDGE INDUSTRY CENTER
| Article 28-2 (Establishment, etc. of Knowledge Industry Center) |
| (1) | Articles 13, 13-2 through 13-5, 14, 14-2 through 14-4 and 18 shall apply mutatis mutandis to approval for the establishment of a knowledge industry center, deemed authorization, deemed permission, etc. special cases on approval for the establishment, etc. the public notice, etc. of issuance standards, revocation of approval for establishment, etc. building permit, approval for use, approval for the installation of manufacturing facilities, revocation of approval for the installation of manufacturing facilities and consultation thereon. <Amended by Act No. 10252, Apr. 12, 2010> |
| (2) | Where any person who established a knowledge industry center has obtained approval for use under Article 22 (1) of the Building Act, he/she shall report the completion of the establishment of a knowledge industry center to the head of a Si/Gun/Gu or a management agency within a period prescribed by Presidential Decree. The same shall also apply where he/she intends to modify important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among reported matters. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (3) | The head of a Si/Gun/Gu or a management agency shall give notice to a person who files a report as to whether or not to accept the report or an extension of the processing period under statutes or regulations relating to processing civil petitions within 10 days of receipt of the report under paragraph (2). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (4) | Where the head of a Si/Gun/Gu or a management agency fails to give notice to the person who files the report as to whether or not to accept the report or of an extension of the processing period within the period prescribed in paragraph (3), the report shall be deemed accepted on the day after the date said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions) expires. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Upon acceptance of a report on the completion of the establishment of a knowledge industry center under paragraph (2) (including cases where a report shall be deemed accepted under paragraph (4)), the head of a Si/Gun/Gu or a management agency shall register the knowledge industry center in the knowledge industry center ledger. <Amended by Act No. 10252, Apr. 12, 2010> |
| (6) | Where a management agency has registered the knowledge industry center under paragraph (5), it shall notify the head of a Si/Gun/Gu of such registration. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 28-3 (Support to Knowledge Industry Center) |
| (1) | Necessary funds may be provided to a knowledge industry center, as prescribed by other Acts. <Amended by Act No. 10252, Apr. 12, 2010> |
| (2) | Where the State or a local government intends to construct a knowledge industry center and sell in lots or lease the center, it may sell the center in lots at the construction cost or lease it at a rent prescribed by Presidential Decree, notwithstanding the State Property Act and the Public Property and Commodity Management Act. <Amended by Act No. 10252, Apr. 12, 2010> |
| (3) | A person who has purchased a knowledge industry center in lots at the cost of construction pursuant to paragraph (2) shall sell it within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as sale due to bankruptcy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 28-4 (Sale of Knowledge Industry Center in Lots) |
| (1) | Where any person who has built a knowledge industry center intends to sell it in lots or lease it, he/she shall prepare a plan to publicly announce the invitation and obtain approval from the head of a Si/Gun/Gu after the commencement of construction of a knowledge industry center building and then openly invite occupants (referring to those who have purchased the knowledge industry center in lots or leased it and who conduct manufacturing or other business; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall also apply where he/she intends to change important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among approved matters. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | Paragraph (1) shall not apply where any person sells in lots or leases a knowledge industry center falling under any of the following subparagraphs: <Amended by Act No. 10252, Apr. 12, 2010> |
| 1. | Knowledge industry centers built for attracting factories removed by public works projects or other reasons prescribed by Presidential Decree; |
| 2. | Knowledge industry centers less than the scale prescribed by Presidential Decree. |
| (3) | Where any person who has built a knowledge industry center is the State, a local government, the Corporation, the Korea SMEs and Startups Agency under the Small and Medium Enterprises Promotion Act or a local corporation under the Local Public Enterprises Act (hereinafter referred to as "local corporation"), he/she may invite occupants after notifying the head of a Si/Gun/Gu of a plan for pubic notice, notwithstanding paragraph (1). The same shall also apply where he/she intends to alter important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among notified matters. <Amended by Act No. 9685, May 21, 2009; Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013; Act No. 16172, Dec. 31, 2018> |
| (4) | Any person who has established a knowledge industry center shall not invite occupants by giving a false or exaggerated information or using fraudulent means. <Amended by Act No. 10252, Apr. 12, 2010> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 28-5 (Moving in to Knowledge Industry Center) |
| (1) | Facilities which may move in to a knowledge industry center shall be those referred to in the following subparagraphs: <Amended by Act No. 10252, Apr. 12, 2010> |
| 1. | Facilities for conducting manufacturing business, knowledge-based industry, IT industry and other business prescribed by Presidential Decree; |
| 2. | Facilities for conducting venture business under Article 2 (1) of the Act on Special Measures for promoting Venture Businesses; |
| 3. | Other facilities prescribed by Presidential Decree, as facilities for assistance to the production activities of occupant enterprises. |
| (2) | The scope and size of facilities which may move in to a knowledge industry center pursuant to paragraph (1) 1 shall be prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 28-6 (Management of Knowledge Industry Center) |
| (1) | A knowledge industry center shall be managed by any of the following persons: <Amended by Act No. 10252, Apr. 12, 2010> |
| (2) | A management organization referred to in paragraph (1) 1 shall stipulate the rules under Article 28 (1) of the Act on Ownership and Management of Condominium Buildings and report such rules to the head of a Si/Gun/Gu by a deadline prescribed by Ordinance of the Ministry of Trade, Industry and Energy from the date it is organized. The same shall also apply where it modifies important matters in a report prescribed by Ordinance of the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The head of a Si/Gun/Gu, upon receipt of a report under paragraph (2), shall notify the management agency of the details of such report by the deadline prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013> |
| (4) | The business scope of a person who manages a knowledge industry center pursuant to paragraph (1) (hereinafter referred to as "manager") shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 28-7 (Duty of Occupants, etc.) |
| (1) | Any occupant or the manger of a knowledge industry center shall not engage in the following conducts: <Amended by Act No. 10252, Apr. 12, 2010> |
| 1. | Removing, destroying or damaging a bearing wall of a knowledge industry center or main structures prescribed by Presidential Decree; |
| 2. | Installing heavy goods exceeding the bearing capacity prescribed by design books at the time of permitting construction of a building and vibration generating equipment; |
| 3. | Transferring or leasing all or part of a knowledge industry center to a person who uses or intends to use it for purposes other than those of facilities entitled to occupancy in pursuant to Article 28-5 (1); |
| 4. | Occupying and using an area for common facilities without due authorization. |
| (2) | Occupants shall observe the rules pursuant to Article 28-6 (2). |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 28-8 (Measures, etc. in Response to Breach of Duty) |
Where an occupant or a manager undermines the safety of a knowledge industry center or uses it for purposes other than those of the facilities entitled to occupancy under Article 28-5 (1), including cases of doing harm to the knowledge industry center or causing trouble to production activities of other businesses by his/her failure to observe his/her duty pursuant to Article 28-7, the head of a Si/Gun/Gu may order him/her to correct such act for a fixed period or to take necessary measures for ensuring the safety of the knowledge industry center and for other purposes, as prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 12929, Dec. 30, 2014> [This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 29 Deleted. <by Act No. 5827, Feb. 8, 1999> |
CHAPTER V ADMINISTRATION OF INDUSTRIAL COMPLEXES
| Article 30 (Authorized Administrator, etc.) |
| (1) | The authorized administrators shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The Minister of Trade, Industry and Energy, in the case of the national industrial complexes; |
| 2. | The Mayor/Do Governor, in the case of general industrial complexes and urban high-tech industrial complexes (referring to the head of a Si/Gun/Gu in the case of industrial complexes designated by the head of a Si/Gun/Gu); |
| 3. | The head of a Si/Gun/Gu, in the case of agro-industrial complexes. |
| (2) | The management agencies shall be as follows: |
| 1. | The authorized administrator; |
| 2. | The head of a local government to whom administrative affairs are delegated by the authorized administrator; |
| 3. | The Corporation or the industrial complex administrative corporation prescribed in Article 31 (2) entrusted by the authorized administrator with administrative affairs; |
| 4. | The Consultative Council of Occupant Enterprises prescribed in Article 31 (2), which is entrusted with administrative affairs by the authorized administrator; |
| 5. | Any institution prescribed by Presidential Decree, which is entrusted with administrative affairs (limited to administrative affairs of a general industrial complex, an urban high-tech industrial complex or an agro-industrial complex) by the authorized administrator. |
| (5) | A management agency entrusted with administrative affairs by the authorized administrator may engage in real estate brokerage activities with regard to factory sites and factory buildings in the relevant industrial complex, notwithstanding Article 9 of the Licensed Real Estate Agents Act. <Amended by Act No. 15866, Dec. 11, 2018> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 31 (Industrial Complex Administrative Corporation, etc.) |
| (1) | In order to ensure the efficient administration of an industrial complex, the authorized administrator may delegate or entrust all or part of the administrative affairs to a management agency prescribed in Article 30 (2), as prescribed by Presidential Decree. |
| (2) | An industrial complex administrative corporation (hereinafter referred to as "administrative corporation") or any person who intends to establish a consultative council comprised of occupant enterprises (hereinafter referred to as "consultative council of occupant enterprises") to be entrusted with the affairs of managing an industrial complex shall satisfy the requirements for the establishment prescribed by Presidential Decree and obtain authorization from the authorized administrator. |
| (3) | An administrative corporation shall give notice to an applicant for authorization for the establishment as to whether or not to authorize such establishment or of an extension of the processing period under statutes or regulations relating to processing civil petitions within 30 days of receipt of the application for authorization for the establishment under paragraph (2). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (4) | The administrative corporation and the consultative council of occupant enterprises (hereinafter referred to as "administrative corporation, etc.") shall be a juristic person and shall be formed by registration for the establishment in the seat of its main office. <Amended by Act No. 16799, Dec. 10, 2019> |
| (5) | No property of the administrative corporation, etc. shall be transferred or offered as security without obtaining approval from the authorized administrator. <Amended by Act No. 16799, Dec. 10, 2019> |
| (6) | Where the administrative corporation, etc. falls under any of the following cases, the authorized administrator may revoke his/her authorization for its establishment: Provided, That where it falls under subparagraph 1, he/she shall revoke authorization for its establishment: <Amended by Act No. 16799, Dec. 10, 2019> |
| 1. | Where it has obtained authorization for the establishment by fraud or other improper means; |
| 2. | Where it violates the requirements for the establishment under Article 31 (2); |
| 3. | Where it fails to commence business within six months from the date it obtains authorization for the establishment or fails to achieve business performance for not less than one year without good cause; |
| 4. | Where it conducts business other than the purpose of its establishment; |
| 5. | Where it is deemed impracticable to attain the purposes of its establishment. |
| (7) | Where the authorized administrator has authorized the establishment of a consultative council of occupant enterprises under paragraph (2), he/she shall, without delay, entrust it with the administrative affairs of the relevant industrial complex or take measures necessary for changing a management agency to the consultative council of occupant enterprises. <Amended by Act No. 16799, Dec. 10, 2019> |
| (8) | Matters necessary for organizing and operating the consultative council of occupant enterprises shall be prescribed by Presidential Decree. <Amended by Act No. 16799, Dec. 10, 2019> |
| (9) | The provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to matters except those provided in this Act on the administrative corporation, etc. In such cases, "competent authorities" shall be construed as “authorized administrator.” <Amended by Act No. 16799, Dec. 10, 2019> |
| (10) | A local government may give necessary support, such as payment of subsides for establishment and operation of the administrative corporation, etc. <Newly Inserted by Act No. 13846, Jan. 27, 2016; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 32 (Administrative Guidelines, etc. for Industrial Complexes) |
| (1) | The Minister of Trade, Industry and Energy shall formulate and publicly announce administrative guidelines for industrial complexes (hereinafter referred to as "administrative guidelines") concerning basic matters on the administration of industrial complexes, as prescribed by Presidential Decree. The same shall also apply where it amends such guidelines: Provided, That this shall not apply to the modification of insignificant matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Among administrative guidelines, the administrative guidelines for agro-industrial complexes shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 33 (Formulation of Master Plans for Managing Industrial Complexes) |
| (1) | Where an industrial complex is designated pursuant to Articles 6, 7, 7-2 through 7-4 and 8 of the Industrial Sites and Development Act, a management agency shall formulate a master plan for managing the industrial complex (hereinafter referred to as "management master plan") with respect to an area required to be managed as an industrial complex, as prescribed by Presidential Decree. In such cases, a management agency delegated or entrusted with administrative affairs by the authorized administrator shall obtain approval from the authorized administrator regarding the management master plan (including a modified plan), and shall obtain approval from the Mayor/Do Governor regarding the management master plan of an agro-industrial complex, as prescribed by Presidential Decree. |
| (2) | In the case of any industrial complex for which authorization for the completion prescribed in Article 37 of the Industrial Sites and Development Act is not granted, where a management agency intends to formulate the management master plan (including its modification) or the authorized administrator intends to formulate or approve the management master plan (including its modification), the management agency or authorized administrator shall consult with a person authorized to designate the relevant industrial complex (hereinafter referred to as "person authorized to designate the relevant industrial complex") pursuant to Articles 6, 7 and 7-2 of the Industrial Sites and Development Act: Provided, That this shall not apply to the modification of minor matters prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010> |
| (3) | In the case of any industrial complex for which authorization for the completion prescribed in Article 37 of the Industrial Sites and Development Act is granted, where a management agency or the authorized administrator intends to modify, or approve modification of, the management master plan, the management agency or authorized administrator shall consult with the person authorized to designate the relevant industrial complex and the head of administrative agency concerned: Provided, That this shall not apply to the modification of insignificant matters prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010> |
| (4) | Where the person authorized to designate the relevant industrial complex and the head of a relevant administrative agency shall submit his/her opinion within 20 days of receipt of a request for consultation under paragraphs (2) and (3) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 20 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the person authorized to designate the relevant industrial complex and the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (6) | Where a management agency, the authorized administrator, or Mayor/Do governor formulates or approves a management master plan, such plan shall be publicly notified. <Amended by Act No. 16799, Dec. 10, 2019> |
| (7) | A management master plan shall include the following matters: <Amended by Act No. 16799, Dec. 10, 2019> |
| 1. | Matters concerning the area of an industrial complex to be administered; |
| 2. | Matters concerning the type of business of occupants and qualifications for the occupant enterprises; |
| 3. | Matters concerning zones of the site of an industrial complex (hereinafter referred to as "industrial site") that are classified by use; |
| 4. | Matters concerning the placement of factories by type of business; |
| 5. | Matters concerning the establishment and operation of support facilities; |
| 6. | Other matters necessary for managing an industrial complex. |
| (8) | Zones classified according to different purposes under paragraph (7) 3 may be administered by classifying them into industrial facilities zones, support facilities zones, public facilities zones, and green belt zones, and the industrial facilities zones may be subdivided according to different purposes: Provided, That if it is necessary to build companies, research institutes, universities, corporate-support facilities, etc. in one zone for industrial clustering under subparagraph 6 of Article 2, a complex zone may be designated and managed as prescribed by Presidential Decree. <Amended by Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019> |
| (10) | Where the authorized administrator changes zones of an industrial site classified by purpose according to the changed management master plan, he/she may receive contributions equivalent to the increased value in land prices following the change of zones from the land owner as prescribed by Presidential Decree, and may use it for the purpose of supporting occupant enterprises, such as expansion of infrastructure in the industrial complex: Provided, That this shall not apply where development profits from the industrial complex structure improvement projects under Article 45-6 are reinvested. <Newly Inserted by Act No. 10252, Apr. 12, 2010; Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 33 (Formulation of Master Plans for Managing Industrial Complexes) |
| (1) | Where an industrial complex is designated pursuant to Articles 6, 7, 7-2 through 7-4 and 8 of the Industrial Sites and Development Act, a management agency shall formulate a master plan for managing the industrial complex (hereinafter referred to as "management master plan") with respect to an area required to be managed as an industrial complex, as prescribed by Presidential Decree. In such cases, a management agency delegated or entrusted with administrative affairs by the authorized administrator shall obtain approval from the authorized administrator regarding the management master plan (including a modified plan), and shall obtain approval from the Mayor/Do Governor or the head of a large city regarding the management master plan of an agro-industrial complex, as prescribed by Presidential Decree. <Amended by Act No. 17007, Feb. 18, 2020> |
| (2) | In the case of any industrial complex for which authorization for the completion prescribed in Article 37 of the Industrial Sites and Development Act is not granted, where a management agency intends to formulate the management master plan (including its modification) or the authorized administrator intends to formulate or approve the management master plan (including its modification), the management agency or authorized administrator shall consult with a person authorized to designate the relevant industrial complex (hereinafter referred to as "person authorized to designate the relevant industrial complex") pursuant to Articles 6, 7 and 7-2 of the Industrial Sites and Development Act: Provided, That this shall not apply to the modification of minor matters prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010> |
| (3) | In the case of any industrial complex for which authorization for the completion prescribed in Article 37 of the Industrial Sites and Development Act is granted, where a management agency or the authorized administrator intends to modify, or approve modification of, the management master plan, the management agency or authorized administrator shall consult with the person authorized to designate the relevant industrial complex and the head of administrative agency concerned: Provided, That this shall not apply to the modification of insignificant matters prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010> |
| (4) | Where the person authorized to designate the relevant industrial complex and the head of a relevant administrative agency shall submit his/her opinion within 20 days of receipt of a request for consultation under paragraphs (2) and (3) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 20 days, referring to that period). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the person authorized to designate the relevant industrial complex and the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (6) | Where a management agency, the authorized administrator, or Mayor/ Do governor formulates or approves a management master plan, such plan shall be publicly notified. <Amended by Act No. 16799, Dec. 10, 2019> |
| (7) | A management master plan shall include the following matters: <Amended by Act No. 16799, Dec. 10, 2019> |
| 1. | Matters concerning the area of an industrial complex to be administered; |
| 2. | Matters concerning the type of business of occupants and qualifications for the occupant enterprises; |
| 3. | Matters concerning zones of the site of an industrial complex (hereinafter referred to as "industrial site") that are classified by use; |
| 4. | Matters concerning the placement of factories by type of business; |
| 5. | Matters concerning the establishment and operation of support facilities; |
| 6. | Other matters necessary for managing an industrial complex. |
| (8) | Zones classified according to different purposes under paragraph (7) 3 may be administered by classifying them into industrial facilities zones, support facilities zones, public facilities zones, and green belt zones, and the industrial facilities zones may be subdivided according to different purposes: Provided, That if it is necessary to build companies, research institutes, universities, corporate-support facilities, etc. in one zone for industrial clustering under subparagraph 6 of Article 2, a complex zone may be designated and managed as prescribed by Presidential Decree. <Amended by Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019>> |
| (10) | Where the authorized administrator changes zones of an industrial site classified by purpose according to the changed management master plan, he/she may receive contributions equivalent to the increased value in land prices following the change of zones from the land owner as prescribed by Presidential Decree, and may use it for the purpose of supporting occupant enterprises, such as expansion of infrastructure in the industrial complex: Provided, That this shall not apply where development profits from the industrial complex structure improvement projects pursuant to Article 45-6 are reinvested. <Newly Inserted by Act No. 10252, Apr. 12, 2010; Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
<<Enforcement date: January 1, 2021>> Article 33
| Article 33-2 (Permission, Authorization, etc. Deemed Granted under other Acts) |
| (1) | When a management agency, authorized administrator or Mayor/Do Governor changes, or approves the change of, matters prescribed by Presidential Decree in a management master plan of the industrial complex, the completion of which has been authorized pursuant to Article 37 of the Industrial Sites and Development Act, matters on which he/she has consulted with a person authorized to designate the relevant industrial complex and the head of the relevant administrative agency regarding the following permission, decision, authorization, consultation or approval, etc. (hereafter referred to as "authorization, etc." in this Article) shall be deemed to have been authorized, etc. and when the change or approval for change of the management master plan is publicly notified pursuant to Article 33 (6), authorization, etc. under the following Acts shall be deemed to have been publicly notified or announced: <Amended by Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014; Act No. 12738, Jun. 3, 2014; Act No. 16799, Dec. 10, 2019> |
| (2) | When a management agency which intends to obtain authorization, etc. deemed to be granted under paragraph (1) files an application for approval to change a management master plan under the latter part of Article 33 (1), it shall submit to the authorized administrator related documents prescribed by the relevant Act, along with the application. |
| (3) | When a management agency, authorized administrator or Mayor/Do Governor changes, or approves to change, a management master plan, if a matter falling under any subparagraph of paragraph (1) is included in the details of the master plan, consultation shall be made with a person authorized to designate the relevant industrial complex and the head of the relevant administrative agency. In such cases, a person authorized to designate the relevant industrial complex or the head of the relevant administrative agency who has received a request for consultation from a management agency, authorized administrator or Mayor/Do Governor shall provide their opinions within 15 days from the receipt of such request. |
| (4) | Where a management agency has changed a management master plan under paragraph (1), it shall notify a person authorized to designate the relevant industrial complex and the head of the relevant administrative agency of the changes. |
| (5) | Where authorization, etc. under the related Act is deemed to have been obtained pursuant to paragraph (1), fees or use charges imposed under the relevant related Act shall be exempt. |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
| Article 34 (Sale and Lease of State-owned Land and Public Land in Industrial Complexes) |
| (1) | The Minister of Trade, Industry and Energy or the heads of local governments may sell or lease State-owned or public land, factories, buildings and other facilities (in cases of State-owned land, factories, buildings, and facilities, only applicable to those, management of which is transferred by the managing authorities or those designated by the Minister of Strategy and Finance for management or disposal thereof) to occupant enterprises or the support institutions, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Prices of land, factories, buildings and facilities owned by the State (hereinafter referred to as "factories, etc.") to be sold or leased under paragraph (1) shall be as determined by the Minister of Trade, Industry and Energy in consultation with the Minister of Strategy and Finance, notwithstanding the provisions of the State Property Act, and prices of public land and factories, etc. shall be determined by the head of the relevant local government, notwithstanding the Public Property and Commodity Management Act. In such cases, the amount may be denominated in foreign currency, if necessary. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 35 Deleted. <by Act No. 7861, Mar. 3, 2006> |
| Article 35-2 Deleted. <by Act No. 13312, May 18, 2015> |
| Article 35-3 Deleted. <by Act No. 7281, Dec. 31, 2004> |
| Article 35-4 Deleted. <by Act No. 5240, Dec. 31, 1996> |
| Article 35-5 (Occupancy, etc.) |
A management agency may perform each of the following affairs as proxy for a foreign investment enterprise that has concluded an occupancy agreement pursuant to Article 38 (1) or for foreign investors who invest in the relevant foreign investment enterprise: <Amended by Act No. 13979, Jan. 19, 2016> | 3. | Affairs related to reporting and requests for permission, etc. granted under the Building Act, and the other relevant statutes. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 35-6 (Support for Enterprises in North Korea) |
The Government may allow the Corporation to execute projects to support South Korean enterprises that invest in North Korea, establish a factory and manage industrial sites for business activities in North Korea.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 36 (Sale in Lots or Lease of Developed Land, etc.) |
| (1) | Where a management agency intends to be entrusted by a project implementor prescribed in Article 16 of the Industrial Sites and Development Act (hereinafter in this Chapter referred to as "project implementor") with business regarding sale in lots or lease of land pursuant to Article 38 of the same Act, it shall submit a plan for sale in lots or lease of land to the authorized administrator: Provided, That in the case of an agro-industrial complex, it shall obtain approval from the Mayor/Do Governor. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 10252, Apr. 12, 2010> |
| (2) | Deleted. <by Act No. 5827, Feb. 8, 1999> |
| (3) | Necessary matters such as the object, scope and procedures for approval under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
| Article 36 (Sale in Lots or Lease of Developed Land, etc.) |
| (1) | Where a management agency intends to be entrusted by a project implementor prescribed in Article 16 of the Industrial Sites and Development Act (hereinafter in this Chapter referred to as "project implementor") with business regarding sale in lots or lease of land pursuant to Article 38 of the same Act, it shall submit a plan for sale in lots or lease of land to the authorized administrator: Provided, That in the case of an agro-industrial complex, it shall obtain approval from the Mayor/Do Governor or the head of a large city. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 10252, Apr. 12, 2010; Act No. 17007, Feb. 18, 2020> |
| (2) | Deleted. <by Act No. 5827, Feb. 8, 1999> |
| (3) | Necessary matters such as the object, scope and procedures for approval under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
<<Enforcement date: January 1, 2021>> Article 36
| Article 37 (General Contribution) |
| (1) | Deleted. <by Act No. 5240, Dec. 31, 1996> |
| (2) | A management agency may, upon approval by the authorized administrator, collect general contributions from occupant enterprises and the support institutions, if necessary for establishing, maintaining, and repairing roads, wastewater treatment stations, waste disposal stations, street lights and common facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy, other than public facilities which have to be maintained and managed by the State or local governments: Provided, That in the case of general contributions regarding the agro-industrial complex, it shall obtain approval from the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Deleted. <by Act No. 5240, Dec. 31, 1996> |
| (4) | Standards and methods concerning general contributions under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
| Article 37 (General Contribution) |
| (1) | Deleted. <by Act No. 5240, Dec. 31, 1996> |
| (2) | A management agency may, upon approval by the authorized administrator, collect general contributions from occupant enterprises and the support institutions, if necessary for establishing, maintaining, and repairing roads, wastewater treatment stations, waste disposal stations, street lights and common facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy, other than public facilities which have to be maintained and managed by the State or local governments: Provided, That in the case of general contributions regarding the agro-industrial complex, it shall obtain approval from the Mayor/Do Governor or the head of a large city, as prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013; Act No. 17007, Feb. 18, 2020> |
| (3) | Deleted. <by Act No. 5240, Dec. 31, 1996> |
| (4) | Standards and methods concerning general contributions under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
| Article 38 (Occupancy Agreement, etc.) |
| (1) | Any person who engages in or intends to engage in manufacturing business in an industrial complex shall conclude an occupancy agreement (hereinafter referred to as "occupancy agreement") with a management agency, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That this shall not apply to cases prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where any occupant enterprise or support institution intends to modify matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters related to occupancy agreement, it shall conclude a new modification agreement. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to any person who engages in or intends to engage in business other than manufacturing business in an industrial complex. |
| (4) | Where the administrative corporation or the consultative council of occupant enterprises among management agencies, concludes an occupancy agreement pursuant to paragraph (1) or a modification agreement pursuant to paragraph (2), it shall report thereon to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 38-2 (Leasing Business, etc. in Industrial Complex) |
| (1) | Any person who intends to engage in the leasing business with industrial sites or factories, etc. in an industrial facilities zone etc. (excluding support institutions and implementers of industrial complex development projects referred to in Article 16 (1) 1 and 2 of the Industrial Sites and Development Act) shall conclude an occupancy agreement with a management agency after reporting on the completion of establishment, etc. of factories pursuant to Article 15 (1) or on the commencement of business pursuant to paragraph (2) of the same Article: Provided, That he/she may conclude an occupancy agreement before reporting on the completion of establishment, etc. of factories or on the commencement of business, in any of the following cases: <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11965, Jul. 30, 2013; Act No. 12929, Dec. 30, 2014; Act No. 14311, Dec. 2, 2016; Act No. 16652, Nov. 26, 2019> |
| 2. | Where the Korea Asset Management Corporation leases an industrial site or a plant, etc. for support to improve the financial structure of an occupant enterprise prescribed in 26 (1) 7 of the Act on the Establishment of Korea Asset Management Corporation. |
| (2) | The term of a leasing agreement of industrial sites or factories shall be at least five years: Provided, That if requested by a tenant, it may be at least one year, and if a tenant requests the renewal of an agreement between two and six months prior to the termination of the term of the leasing agreement, it may be renewed by up to five years under the same terms and conditions of the previous leasing agreement. <Newly inserted by Act No. 12929, Dec. 30, 2014> |
| (3) | Matters regarding the scope of leasing business, base value of rents, the term of an occupancy agreement, etc. of industrial sites or factories, etc. concluded pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12929, Dec. 30, 2014> |
| (4) | Where any person who engages in the leasing business of industrial sites or factories, etc. in an industrial facilities zone, etc. intends to transfer an industrial site or factory, etc. before the term of an occupancy agreement concluded pursuant to paragraph (1) expires, he/she shall transfer it to a management agency at an amount specified in Article 39 (5), and where a management agency cannot purchase it, Article 39 (2) shall apply mutatis mutandis. The same shall also apply where the person intends to transfer it within a period prescribed by Presidential Decree after reporting on the completion of the factory establishment, etc. or on the commencement of business referred to in the subparagraphs of Article 39 (1), after the term of an occupancy agreement expires. <Amended by Act No. 12929, Dec. 30, 2014> |
| (5) | Deleted. <by Act No. 14311, Dec. 2, 2016> |
| (6) | Where part of an industrial complex has been designated as an industrial complex solely for lease pursuant to Article 46-6 of the Industrial Sites and Development Act, a management agency shall determine matters necessary for managing the industrial complex solely for lease, such as qualifications for occupancy and leasing term, in consultation with an implementer of the project and reflect such matters in a management master plan. |
| (7) | No person who has rented an industrial site that belongs to an industrial complex solely for lease under paragraph (6) shall sublet it to any other person: Provided, That this shall not apply to unavoidable cases prescribed by Presidential Decree, such as subleasing the relevant industrial site at a lower price than rents. <Amended by Act No. 12929, Dec. 30, 2014> |
| (8) | The Minister of Trade, Industry and Energy may conduct a demand survey concerning the location, size, etc. of an industrial complex solely for lease pursuant to paragraph (6) for promoting industrial clustering, etc., in consultation with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12929, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 39 (Restrictions, etc. on Disposal of Industrial Sites, etc.) |
| (1) | Where any occupant enterprise that owns an industrial site, factory, etc. in an industrial facilities zone, etc. falls under any of the following subparagraphs, and also in cases prescribed by Presidential Decree, it shall transfer an industrial site (when it intends to dispose of a joint-ownership portion, referring to the relevant joint-ownership portion) or factory, etc. to a management agency: <Amended by Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019> |
| 1. | Where it intends to dispose of (including disposal of the joint-ownership portion of the relevant industrial site) an industrial site (including an industrial site which has been transferred from a person who has acquired it in sale in lots pursuant to paragraph (2), or the ownership of which has been acquired by decision of a court, succession, etc. and an industrial site partitioned pursuant to Article 39-2 (2) 1 or an industrial site the ownership of which has been acquired following conversion of an industrial complex for lease only under Article 46-6 of the Industrial Sites and Development Act to an industrial complex subject to sale in lots), factory, etc. which was sold in lots, before it reported on the completion of the factory establishment, etc. pursuant to Article 15 (1), or before a period prescribed by Presidential Decree within ten years after the reporting thereof elapses; |
| 2. | Where it intends to dispose of (including disposal of the joint-ownership portion of the relevant industrial site) an industrial site (including an industrial site which has been transferred from a person who has acquired it in sale in lots pursuant to paragraph (2) or the ownership of which has been acquired by decision of a court, succession, etc. and an industrial site partitioned pursuant to Article 39-2 (2) 1, or an industrial site the ownership of which has been acquired following conversion of an industrial complex for lease only under Article 46-6 of the Industrial Sites and Development Act to an industrial complex subject to sale in lots), factory, etc. which was sold in lots, before it reported on the commencement of business pursuant to Article 15 (2), or before a period prescribed by Presidential Decree after the reporting thereof elapses. |
| (2) | Where a management agency cannot purchase an industrial site, factory, etc. of an occupant enterprise pursuant to paragraph (1), it shall transfer the industrial site, factory, etc. to another enterprise selected from among applicants for purchase or the following institutions (hereinafter referred to as "relevant institution"), as prescribed by Presidential Decree: <Amended by Act No. 9685, May 21, 2009; Act No. 10303, May 17, 2010; Act No. 10964, Jul. 25, 2011; Act No. 16172, Dec. 31, 2018> |
| 4. | Other institutions prescribed by Presidential Decree, relating to the establishment of and support for occupant enterprises. |
| (3) | Where any occupant enterprise that owns an industrial site, factory, etc. in an industrial facilities zone, etc. intends to dispose of such industrial site, factory, etc. after a period prescribed by Presidential has elapsed, pursuant to paragraph (1) 1, after having reported on the completion of the factory establishment, etc. pursuant to Article 15 (1) or after having reported on the commencement of business pursuant to Article 15 (2), in cases prescribed by Presidential Decree, it shall report thereon to a management agency, as prescribed by Presidential Decree: Provided, That this shall not apply where it intends to dispose of the industrial site, factory, etc. to another occupant enterprise or any person who intends to operate the same type of business (referring to the type of business eligible for occupancy pursuant to Article 33 (7) 2). <Amended by Act No. 12929, Dec. 30, 2014; Act No. 16799, Dec. 10, 2019> |
| (4) | When a management agency transfers an industrial site, factory, etc. in an industrial facilities zone, etc. which it has acquired by transfer or it has received a request for purchase pursuant to paragraphs (1) and (2), it may receive the actual cost necessary for the selection of a transferee from a company that acquires it by transfer, as prescribed by Presidential Decree. <Amended by Act No. 12929, Dec. 30, 2014> |
| (5) | The price for transfer of an industrial site prescribed in paragraphs (1) and (2) shall be determined by adding the interest and cost prescribed by Presidential Decree to the acquisition price, and the price for transfer of a factory, etc. may be determined, based upon the current appraisal price of an appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers: Provided, That where an occupant enterprise makes a request, the transfer price of the industrial site may be lower than the amount obtained by adding the interest and cost prescribed by Presidential Decree to its acquisition price. <Amended by Act No. 13782, Jan. 19, 2016; Act No. 17219, Apr. 7, 2020> |
| (6) | Where any person who intends to lease an industrial site, factory, etc. from a leasing business entity prescribed in Article 38-2 (1) or to acquire an industrial site, factory, etc. by transfer from another occupant enterprise prescribed in paragraphs (2) and (3) is not an existing occupant enterprise, he/she shall conclude an occupancy agreement prescribed in Article 38 (1) or (3) in advance: Provided, That this shall not apply where any person who intends to acquire it by transfer is the relevant institution. |
| (7) | Matters regarding the sale price and procedures, etc. of an industrial site, factory, etc. purchased by the relevant institution shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 39-2 (Partition, etc. of Industrial Sites) |
| (1) | An authorized administrator, management agency, or project implementor may partition its or his/her industrial site (referring to an industrial site without a building; hereafter the same shall apply in this paragraph) (limited to where an industrial site of an industrial facilities zone, etc. is partitioned as not less than the area prescribed by Ordinance of the Ministry of Trade, Industry and Energy). In such cases, a project implementor shall pre-consult with the management agency. <Amended by Act No. 13312, May 18, 2015> |
| (2) | Where any occupant enterprise intends to partition its own industrial site (referring to an industrial site with a building) or intends to dispose of its joint-ownership portion thereof, after having reported on the completion of the factory establishment, etc. pursuant to Article 15 (1) or after having reported on the commencement of business pursuant to Article 15 (2), it shall fulfill the following requirements. In such cases, it shall pre-consult with the management agency: <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| 1. | Where it partitions the area of an industrial site: The area partitioned shall exceed the area prescribed by Ordinance of the Ministry of Trade, Industry and Energy (limited to cases where an industrial site other than an industrial facilities zone, etc. is deemed by the management agency as necessary to limit the partitioned area under the conditions of infrastructure prescribed by Ordinance of the Ministry of Trade, Industry and Energy); |
| 2. | Where it disposes of a joint-ownership portion of an industrial site (excluding joint-ownership portions of industrial sites of knowledge industry centers; hereafter the same shall apply in this subparagraph and paragraph (4) 2): The area calculated by multiplying the whole area of an industrial site by the percentage of a joint-ownership portion of a joint owner shall exceed the area prescribed by Ordinance of the Ministry of Trade, Industry and Energy pursuant to subparagraph 1 (limited to cases where an industrial site other than an industrial facilities zone, etc. is deemed necessary by the management agency to limit the partitioned area under the conditions of infrastructure prescribed by Ordinance of the Ministry of Trade, Industry and Energy). |
| (3) | Any person who intends to partition an industrial site in accordance with paragraph (1) shall build the infrastructure prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as roads, water supply facilities, and tap-water and sewage systems for the partitioned industrial site. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When an occupant enterprise falls under any of the following subparagraphs, it shall transfer the relevant industrial site or a joint-ownership portion to a management agency at a price specified in Article 39 (5): Provided, That where a management agency cannot purchase such site or portion, Article 39 (2) shall apply mutatis mutandis: <Amended by Act No. 10491, Mar. 30, 2011> |
| 1. | Where it intends to dispose of the partitioned industrial site (only applicable to cases where it falls short of the standard factory area ratio or standard building area ratio) before a period of up to ten years that is prescribed by Presidential Decree has elapsed from the date the industrial site is partitioned pursuant to paragraph (2) 1; |
| 2. | Where it intends to dispose of a joint-ownership portion acquired before a period prescribed by Presidential Decree pursuant to subparagraph 1 has elapsed from the date it acquires a joint-ownership portion partitioned pursuant to paragraph (2) 2. |
| (5) | Notwithstanding paragraph (4) 1, if a company subject to restructuring under Article 21 of the Industrial Development Act (hereinafter referred to as "company subject to restructuring") satisfies all of the following requirements, it may dispose of partitioned industrial sites. In such cases, it shall consult with the management agency in advance: <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | A period prescribed by Presidential Decree in the range of ten years shall have elapsed since a report on the completion of factory establishment, etc. under Article 15 (1) or a report on the commencement of business under Article 15 (2) is filed; |
| 2. | A period prescribed by Presidential Decree in the range of five years shall have elapsed from the date a company becomes subject to restructuring; |
| 3. | An industrial site shall be partitioned pursuant to paragraph (2) 1 after a company becomes subject to restructuring; |
| 4. | The area of an industrial site before partitioning shall be not less than the area prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 5. | Infrastructure referred to in paragraph (3) shall be installed in an industrial site before a company subject to restructuring disposes of the industrial site. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 40 (Acquisition of Industrial Site by Auction, etc.) |
| (1) | Where any person who has acquired an industrial site or a factory, etc. by auction or other Acts fails to conclude an occupancy agreement within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy from the date of such acquisition, the person shall transfer such industrial site or factory, etc. to a third person within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy from the date such period has elapsed. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where any person who has acquired an industrial site and factory, etc. pursuant to paragraph (1) intends to transfer the same to a third party, he/she shall report thereon to a management agency, as prescribed by Presidential Decree: Provided, That this shall not apply where he/she intends to dispose of an industrial site and factory, etc. to an occupant enterprise. |
| (3) | Where any person who has acquired an industrial site and factory, etc. pursuant to paragraph (1) is not a current occupant enterprise, he/she shall enter into an occupancy agreement in advance in accordance with Article 38 (1) or (3): Provided, That this shall not apply where a person who intends to acquire the same is the relevant institution. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 40-2 (Disposal of Industrial Sites, etc. for Which No Occupancy Agreement is Concluded) |
| (1) | Where a person who has acquired an industrial site or factory, etc. (including persons who receive the transfer of an industrial site or factory, etc. pursuant to Articles 39 (2) and (3) and 40 (1)) which is sold in lots fails to conclude an occupancy agreement within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy, which ranges from three to six months from the date of acquisition, he/she shall transfer such industrial site or factory, etc. to the management agency within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy that ranges from six months to one year from the date on which such period has elapsed, and where the management agency cannot purchase such site or factory, the management agency shall transfer it to another enterprise or relevant institution selected from among those who apply for purchase, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where an industrial site or factory, etc. is transferred pursuant to paragraph (1), it shall be transferred at a price determined pursuant to Article 39 (5). |
[This Article Newly Inserted by Act No. 10491, Mar. 30, 2011]
| Article 41 (Redemption of Industrial Sites) |
| (1) | Where all or part of an industrial site which was sold in lots to an occupant enterprise or a support institution is not used for the purpose of an occupancy agreement, a management agency may redeem such site by paying the price prescribed in the main clause of Article 39 (5), as prescribed by Presidential Decree. |
| (2) | A management agency shall issue a corrective order to an occupant enterprise or a support institution to use all or part of an industrial site for the purpose of use as stated in an occupancy agreement, as prescribed by Presidential Decree, before redeeming all or part of the industrial site pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 42 (Termination, etc. of Occupancy Agreement) |
| (1) | Where an occupant enterprise or a support institution falls under any of the following subparagraphs, a management agency shall order the occupant enterprise or support institution to correct the situation within the period prescribed by Presidential Decree, and where the occupant enterprise or support institution fails to comply therewith, it may terminate such an occupancy agreement: <Amended by Act No. 9426, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Where an occupant enterprise fails to commence construction of such factory, etc. within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy without good cause after concluding an occupancy agreement; |
| 2. | Where the completion of a factory, etc. is deemed virtually impracticable; |
| 3. | Where an occupant enterprise fails to commence business within one year after the completion of a factory, etc. or continues to suspend its business for not less than one year without good cause; |
| 4. | Where an occupant enterprise or support institution has modified a matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy, without concluding a contract of modification pursuant to Article 38 (2) (including cases where it is applied mutatis mutandis by Article 38 (3)); |
| 5. | Where an occupant enterprise breaches an occupancy agreement pursuant to Articles 38 and 38-2; |
| 6. | Where an occupant enterprise leases or disposes of an industrial site and factory, etc. in violation of Article 38-2 or 39 (1) and (2); |
| 7. | Where an occupant enterprise disposes of the partitioned industrial site or a joint-ownership portion of an industrial site, in violation of Article 39-2 (4). |
| (2) | Any person whose occupancy agreement has been terminated pursuant to paragraph (1) shall immediately cease his/her business, except business prescribed by Presidential Decree, such as the conduct of remaining business. <Amended by Act No. 9426, Feb. 6, 2009> |
| (3) | Deleted. <by Act No. 5827, Feb. 8, 1999> |
| (4) | Where a management agency has terminated an occupancy agreement pursuant to paragraph (1), it shall notify the head of a Si/Gun/Gu of the details thereof. <Amended by Act No. 9426, Feb. 6, 2009> |
| (5) | Where a management agency intends to terminate an occupancy agreement pursuant to paragraph (1), it shall hear from the party to such contract in advance. <Amended by Act No. 9426, Feb. 6, 2009> |
| Article 43 (Disposal, etc. of Property after Termination of Occupancy Agreement) |
| (1) | Any person who falls under any of the subparagraphs of Article 39 (1) among persons whose occupancy agreement has been terminated on any of the grounds specified in the subparagraphs of Article 42 (1), shall dispose of his/her own industrial site and a factory, etc. within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy, pursuant to Article 39 (1) and (2). <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | As for the cases other than those falling under the subparagraphs of Article 39 (1), where any person among those whose occupancy agreement has been terminated on any of the grounds specified in the subparagraphs of Article 42 (1), intends to transfer his/her own industrial site and a factory, etc., he/she shall transfer the same to another company or the relevant institution within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy after reporting such fact to a management agency, as prescribed by Presidential Decree. The same shall also apply to a person who has discontinued his/her business: Provided, That this shall not apply where he/she intends to transfer an industrial site and a factory, etc. to another occupant enterprise. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (3) | Article 39 (5) shall apply mutatis mutandis to the transfer price of an industrial site and a factory, etc. pursuant to paragraphs (1) and (2). |
| (4) | A management agency may purchase an industrial site and a factory, etc., which has not been transferred within a period prescribed in paragraph (2) at the price prescribed in Article 39 (5). |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 43-2 (Measures Taken against Persons in Default of Transfer Obligations) |
| (1) | Where any person who acquires a factory, etc. falls under any of the following subparagraphs, the authorized administrator may order removal of such factory, etc., as prescribed by Presidential Decree: <Amended by Act No. 13846, Jan. 27, 2016> |
| 1. | Where he/she fails to transfer the factory, etc., in violation of Article 40 (1); |
| 2. | Where he/she fails to transfer the factory, etc., within the period prescribed in Article 43 (1) and (2). |
| (2) | A removal order issued pursuant to paragraph (1) may be exercised only where the authorized administrator holds the ownership of the relevant industrial site. |
| (3) | Where the authorized administrator intends to issue a removal order prescribed in paragraph (1), he/she shall hold a hearing. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 43-3 (Charge for Compelling Performance) |
| (1) | The authorized administrator shall set a deadline for performance by Ordinance of the Ministry of Trade, Industry and Energy against any person who fails to perform the duty of disposal or transfer under Article 43 (1) or (2), and may impose an amount equivalent to 20% of the value of assets to be disposed of or transferred as the charge for compelling the performance, if he/she fails to perform his/her duty by the deadline. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The authorized administrator shall give a written notice of his/her intention to impose and collect the charge for compelling the performance under paragraph (1) before imposing the charge for compelling the performance prescribed in paragraph (1). |
| (3) | When imposing the charge for compelling the performance under paragraph (1), the authorized administrator shall do so in document form clearly stating the amount of the charge for compelling the performance, the grounds for such imposition, the payment deadline and the receiving institution, the method for raising an objection, the institution with which such an objection is filed, etc. |
| (4) | The authorized administrator may repeatedly impose and collect the charge for compelling the performance under paragraph (1) once every year from the date on which the duty of disposition or transfer under Article 43 (1) or (2) arises until the duty is performed. |
| (5) | When any person with the duty of disposition or transfer under Article 43 (1) or (2) performs the duty, the authorized administrator shall not impose any further charge for compelling the performance, but shall collect the charge for compelling the performance already imposed. |
| (6) | The authorized administrator may entrust a management agency prescribed by Presidential Decree with the affairs of disposition and collection of the charge for compelling the performance. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 44 (Support for Occupant Enterprises) |
| (1) | A management agency may engage in support business prescribed by Presidential Decree, such as providing market information, improving efficiency of energy consumption, supplying energy, promoting industrial relations, and vocational training, for the benefit of occupant enterprises. <Amended by Act No. 10252, Apr. 12, 2010> |
| (2) | The Korea SMEs and Startups Agency under the Small and Medium Enterprises Promotion Act or the Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act, upon request by a management agency, occupant enterprise, or support institution, may provide management and technology guidance (in cases of the Korea Agro-Fisheries and Food Trade Corporation, only applicable to enterprises processing agricultural products and manufacturing food and beverages). <Amended by Act No. 9685, May 21, 2009; Act No. 10932, Jul. 25, 2011; Act No. 16172, Dec. 31, 2018> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45 (Safety Management, etc. for Industrial Complexes) |
A management agency may provide necessary guidance to occupant enterprises with respect to safety management, pollution control and environmental management, etc., as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
CHAPTER V-II PROMOTION OF INDUSTRIAL COMPLEX STRUCTURE IMPROVEMENT PROJECT
| Article 45-2 (Formulation of Project Plan for Improving Structures of Industrial Complexes) |
| (1) | Where an industrial complex, the completion of which has been authorized pursuant to Article 37 of the Industrial Sites and Development Act, falls under any of the following subparagraphs, the authorized administrator may require a project implementor referred to in Article 45-3 (hereafter in this Chapter referred to as "project implementor") to implement an industrial complex structure improvement project (including construction projects prescribed by Presidential Decree notwithstanding subparagraph 9 (a), (c) and (d) of Article 2 of the Industrial Sites and Development Act; hereinafter the same shall apply): <Amended by Act No. 11020, Aug. 4, 2011; Act No. 13312, May 18, 2015> |
| 1. | Where it is necessary to switch the types of business in an industrial complex to high-value added industries and to relocate industries because of changes in industrial circumstances, urbanization of surrounding areas, etc.; |
| 2. | Where the maintenance, repair, improvement and expansion of industrial infrastructure, industrial cluster infrastructure, public facilities, etc., are necessary to support business activities of occupant enterprises; |
| 3. | Where the authorized administrator deems it necessary in order to support occupant enterprises and to strengthen competitiveness of an industrial complex. |
| (2) | A management agency shall formulate a plan for improving the structures of industrial complexes (hereinafter referred to as a “structure improvement plan”) on a 10 year basis for the national industrial complex or general industrial complex which has lasted 20 years since the date of its construction, within one year after the date 20 years have elapsed since the construction date of the relevant complex, and shall report thereon to the authorized administrator. <Newly Inserted by Act No. 12292, Jan. 21, 2014> |
| (3) | When a project implementer intends to implement an industrial complex structure improvement project, he/she shall formulate a structure improvement plan stating the following matters, and obtain approval from the authorized administrator. The same shall apply to any revision to significant matters prescribed by Presidential Decree: <Amended by Act No. 10964, Jul. 25, 2011; Act No. 12292, Jan. 21, 2014; Act No. 13312, May 18, 2015> |
| 1. | Current status of an industrial complex subject to an industrial complex structure improvement project and analysis of the competitiveness thereof; |
| 2. | Development strategies for an industrial complex subject to an industrial complex structure improvement project; |
| 3. | Implementation period for an industrial complex structure improvement project and a project implementer; |
| 4. | Location and surface area of a zone where an industrial complex structure improvement project is to be implemented; |
| 5. | Current status of a zone where an industrial complex structure improvement project is to be implemented, and the analysis of the competitiveness thereof; |
| 6. | Implementation methods of an industrial complex structure improvement project; |
| 7. | Matters concerning change of a land use plan; |
| 8. | Measures to maintain and expand industrial cluster infrastructure, industrial infrastructure, public facilities, etc.; |
| 9. | Plans to attract industries with good prospect and modernize and switch the business type of occupant enterprises to high-value added industries; |
| 10. | Plans to induce the investment by companies, research institutes and universities and to link them with a university-industry collaboration promotion plan; |
| 12. | Plan to reinvest profits generated from development under Article 45-6; |
| 13. | Other matters prescribed by Presidential Decree. |
| (4) | The location and size of a zone where an industrial complex structure improvement project is to be implemented under paragraph (3) 4 shall meet all the following requirements: <Amended by Act No. 12292, Jan. 21, 2014; Act No. 13312, May 18, 2015; Act No. 14993, Oct. 31, 2017> |
| 2. | It shall not exceed 10% of the surface area of the whole industrial complex, including a zone slated for an industrial complex structure improvement project already implemented or being implemented. |
| (5) | A project implementer shall consult with the authorized administrator of an industrial complex subject to an industrial complex structure improvement project before formulating a structure improvement plan, and the relevant administrator shall consult with a person authorized to designate the relevant industrial complex. In such cases, a project implementer shall reflect the results of such consultation in the structure improvement plan. <Amended by Act No. 13312, May 18, 2015> |
| (6) | When the authorized administrator intends to approve a structure improvement plan under paragraph (3), he/she shall hear opinions from occupant enterprises and the head of a relevant local government and consult with a person authorized to designate the relevant industrial complex and the head of a relevant administrative agency. The same shall apply to any revision to significant matters prescribed by Presidential Decree. <Amended by Act No. 12292, Jan. 21, 2014> |
| (7) | When the authorized administrator intends to approve a structure improvement plan (including approval for revision; hereinafter the same shall apply), he/she shall ensure such plan is in accordance with a master plan for promoting industrial clustering and a master plan for the management of industrial complexes. |
| (8) | When the authorized administrator approves a structure improvement plan, he/she shall publicly announce such plan, as prescribed by Presidential Decree. |
| (9) | When a structure improvement plan is approved and publicly notified under paragraph (8), a master plan for the management of industrial complexes under Article 33 shall be deemed changed accordingly. In such cases, public notice under Article 33 (6) shall not be omitted. <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 12292, Jan. 21, 2014; Act No. 16799, Dec. 10, 2019> |
[This Article Wholly Amended by Act No. 10252, Apr. 12, 2010]
| Article 45-3 (Implementor of Industrial Complex Structure Improvement Project) |
| (1) | Any of the following persons may implement an industrial complex structure improvement project: <Amended by Act No. 10964, Jul. 25, 2011; Act No. 13312, May 18, 2015> |
| 1. | The State or local governments; |
| 3. | Corporations incorporated by the participation of entities falling under subparagraph 1 or 2 and private enterprises satisfying the requirements prescribed by Presidential Decree in investment for the purpose of an industrial complex structure improvement project: Provided, That this shall be limited to corporations observing the investment ratio prescribed by Presidential Decree; |
| 5. | Other persons prescribed by Presidential Decree, such as local public enterprises. |
| (2) | Where a projector implementor referred to in paragraph (1) deems it necessary to efficiently implement an industrial complex structure improvement project, he/she may have any of the following persons (hereinafter referred to as "agent") conduct part of the industrial complex structure improvement project by proxy, as prescribed by Presidential Decree: <Amended by Act No. 10964, Jul. 25, 2011; Act No. 13312, May 18, 2015> |
| 1. | Landowners of the relevant industrial complex; |
| 2. | Corporations incorporated by the participation of private enterprises satisfying the requirements prescribed by Presidential Decree in investment for the purpose of an industrial complex structure improvement project. |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
| Article 45-4 (Deemed Authorization, Permission, etc. under Other Acts) |
| (1) | When an authorized administrator approves a structure improvement plan, matters on which he/she consulted with a person authorized to designate the relevant industrial complex and the head of a relevant administrative agency regarding the following permission, decision, authorization, consultation, approval, etc. (hereafter in this Article referred to as "authorization, etc.") on such structure improvement plan pursuant to Article 45-2 (6), shall be deemed to have obtained the relevant authorization, etc., and when approval for a structure improvement plan is publicly notified pursuant to Article 45-2 (8), authorization, etc. under the following Acts shall be deemed to have been publicly announced or publicly notified: <Amended by Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014; Act No. 12292, Jan. 21, 2014; Act No. 12738, Jun. 3, 2014> |
| 3. | Permission for execution of roadwork to a person other than a road management agency under Article 36 of the Road Act, permission for occupation and use of a road under Article 61 of the Act and consultations with or approval by a road management agency under Article 107 of the Act; |
| (2) | When a project implementor who intends to obtain deemed authorization, etc. pursuant to paragraph (1) files an application for approval of a structure improvement plan, he/she shall submit related documents prescribed by the relevant Act together with the application to the authorized administrator. |
| (3) | When the authorized administrator approves a structure improvement plan, if a matter falling under any subparagraph of paragraph (1) is included in the details of the plan, he/she shall consult with the head of the relevant administrative agency in advance. |
| (4) | The head of a relevant administrative agency shall submit his/her opinion within 15 days of receipt of a request for consultation under paragraph (3) (where the answer period prescribed by statutes or regulations which prescribe matters falling under the authority of the head of the relevant administrative agency exceeds 15 days, referring to that period). <Amended by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the head of a relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (4) (where the answer period has been extended under Article 20 (2) of the Civil Petitions Treatment Act, referring to that extended period), the consultation shall be deemed concluded. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (6) | Where authorization, etc. under the related statute is deemed obtained under paragraph (1), fees or use charges imposed pursuant to the relevant statute shall be exempt. <Amended by Act No. 16799, Dec. 10, 2019> |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
| Article 45-5 (Bearing Expenses, etc.) |
| (1) | Expenses associated with an industrial complex structure improvement project shall be borne by a project implementor. <Amended by Act No. 13312, May 18, 2015> |
| (2) | The State or a local government may partially subsidize expenses incurred in relation to public facilities, among industrial complex structure improvement projects implemented by a project implementer falling under Article 45-3 (1) 2 through 5: Provided, That it may also subsidize some of expenses incurred in relation to industrial infrastructure, in the case of industrial complex structure improvement projects implemented in a national industrial complex where at least 30 years have lapsed since its construction. <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11831, May 28, 2013; Act No. 13312, May 18, 2015> |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
| Article 45-6 (Re-Investment of Development Profits) |
| (1) | Each project implementor or agent shall reinvest some of the development profits earned from an industrial complex structure improvement project into other projects for improving the industrial complex structure prescribed by Presidential Decree, such as installing industrial infrastructure and public facilities, as prescribed by Presidential Decree. <Amended by Act No. 10964, Jul. 25, 2011; Act No. 13312, May 18, 2015> |
| (2) | A management agency referred to in Article 30 (2) 3 through 5 that is a project implementor, shall establish and operate separate accounts, as prescribed by Presidential Decree, so that it may make re-investment pursuant to paragraph (1) and raise funds to cover operating costs without difficulties. |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
| Article 45-7 (Authorization for Project Completion) |
| (1) | Where a project implementor has fully or partially completed an industrial complex structure improvement project, he/she shall obtain authorization for project completion from the authorized administrator, as prescribed by Presidential Decree. <Amended by Act No. 13312, May 18, 2015> |
| (2) | Upon receipt of an application for authorization for project completion pursuant to paragraph (1), the authorized administrator shall conduct completion inspection, without delay. |
| (3) | If necessary for the efficient inspection of project completion, each authorized administrator may request relevant administrative agencies, public institutions, research institutes and other specialized institutions or organizations to inspect whether such project has been completed. In such cases, the project implementor shall bear the associated costs. <Newly Inserted by Act No. 10964, Jul. 25, 2011> |
| (4) | Where the authorized administrator shall give notice to an applicant for authorization for project completion as to whether or not to authorize project completion or of an extension of the processing period under statutes or regulations relating to processing civil petitions within 30 days of receipt of an application for said authorization under paragraph (1). <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (5) | Where the authorized administrator fails to give notice to the applicant as to whether or not to authorize application or of an extension of the processing period under statutes or regulations relating to processing civil petitions within the period prescribed in paragraph (4), authorization shall be deemed granted on the day after the date said period (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions) expires. <Newly Inserted by Act No. 16799, Dec. 10, 2019> |
| (6) | When the authorized administrator has authorized the completion of a project under paragraph (1), he/she shall publicly announce such fact as prescribed by Presidential Decree, and notify the relevant project implementor thereof. <Amended by Act No. 10964, Jul. 25, 2011; Act No. 16799, Dec. 10, 2019> |
| (7) | Where the authorized administrator has consulted with the head of the relevant administrative agency under paragraph (9) on approval for use, inspection, verification, authorization, etc. under the following subparagraphs in granting authorization for project completion under paragraph (1), the relevant approval for use, etc. shall be deemed obtained: <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 12248, Jan. 14, 2014; Act No. 16799, Dec. 10, 2019> |
| (8) | In order for a project implementor to obtain approval for use, etc. deemed to be granted under paragraph (5), he/she shall also submit relevant documents prescribed by relevant statutes to the authorized administrator at the time of applying for authorization for completion. <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 16799, Dec. 10, 2019> |
| (9) | If any matter referred to in the subparagraphs of paragraph (7) is involved in the inspection of project completion, each authorized administrator shall consult with relevant administrative agencies in advance. <Newly Inserted by Act No. 10964, Jul. 25, 2011; Act No. 16799, Dec. 10, 2019> |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
| Article 45-8 (Attribution of Public Facilities) |
[This Article Newly Inserted by Act No. 10252, Apr. 12, 2010]
CHAPTER V-III KOREA INDUSTRIAL COMPLEX CORPORATION
| Article 45-9 (Establishment, etc. of Korea Industrial Complex Corporation) |
| (1) | The Korea Industrial Complex Corporation shall be established to support the development and management of industrial complexes and to assist companies with their industrial activities and to promote industry-academia cooperation. <Amended by Act No. 15347, Jan. 16, 2018> |
| (2) | The Corporation shall be a juristic person, and shall be formed by registration of its incorporation at the seat of its main office. |
| (3) | Entities other than the Corporation shall not use the title "Korea Industrial Complex Corporation" or any other name similar thereto. |
| (4) | The Corporation shall raise funds required for promoting the businesses referred to in Article 45-13 from the following financial resources: <Amended by Act No. 10252, Apr. 12, 2010> |
| 1. | Contributions and subsidies from the State or local governments; |
| (5) | Matters necessary for the use and management, etc. of the contributions prescribed in paragraph (4) 1 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-10 (Articles of Association) |
| (1) | The articles of association of the Corporation shall include the following: <Amended by Act No. 15347, Jan. 16, 2018> |
| 3. | Matters concerning the main office, regional head offices, branch offices, training institutes, establishment and operation of affiliated institutions referred to in Article 45-20, and other offices; |
| 4. | Matters concerning executive officers and employees; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning the operations of the Corporation and the conduct thereof; |
| 7. | Matters concerning assets and accounting; |
| 8. | Matters concerning modification of the articles of association of the Corporation; |
| 9. | The method of giving notice; |
| 10. | Matters concerning the enactment of, and amendments to, and repeal of the regulations and provisions; |
| (2) | Where the Corporation intends to amend its articles of association, it shall obtain authorization from the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-11 (Executive Officers, etc.) |
| (1) | The Corporation shall appoint the following executive officers: <Amended by Act No. 10964, Jul. 25, 2011> |
| 3. | Thirteen or less directors (including non-standing directors), excluding the chairperson and the vice-chairperson (standing directors, including the chairperson and the vice-chairperson, shall be less than 2/3 of the fixed number of directors); |
| 4. | One auditor (referring to a non-standing auditor; hereinafter the same shall apply). |
| (2) | The chairperson and non-standing directors shall be appointed or dismissed by the Minister of Trade, Industry and Energy; and standing directors including the vice-chairperson, by the chairperson: Provided, That ex officio directors may be appointed, as prescribed by the articles of association. <Amended by Act No. 10964, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013> |
| (3) | The auditor shall be appointed or dismissed by the Minister of Strategy and Finance. |
| (4) | The term of office of the chairperson shall be three years, and that of the vice-chairperson, directors and the auditor shall be two years, which is renewable on a yearly basis: Provided, That the term of office of ex officio directors shall coincide with the term of service in their positions. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-12 (Board of Directors) |
| (1) | The board of directors shall be established under the Corporation for the resolution of important matters of the Corporation. |
| (2) | The board of directors shall be comprised of up to 15 directors including the chairperson and the vice-chairperson, and the chairperson of the board of directors shall be the chairperson. |
| (3) | Matters necessary for operating the board of directors shall be prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-13 (Businesses) |
| (1) | The Corporation shall conduct the following businesses to fulfill the purpose referred to in Article 45-9 (1): <Amended by Act No. 9426, Feb. 6, 2009; Act No 10252, Apr. 12, 2010; Act No. 10491, Mar. 30, 2011; Act No. 13312, May 18, 2015; Act No. 15086, Nov. 28, 2017; Act No. 15347, Jan. 16, 2018> |
| 1. | Management of an industrial complex under subparagraph 15 of Article 2; |
| 2. | Business concerning development, creation, sales in lots, lease and sales of an industrial complex; |
| 3. | Business (including business of selling industrial sites or factories, etc. transferred under Article 39 (1)) concerning construction, operation and sales in lots, lease and sales of factories, knowledge industry centers, support facilities and industrial cluster infrastructure; |
| 4. | Business concerning the promotion of labor and management cooperation and demand and supply of human resources of occupant enterprises; |
| 5. | Business concerning welfare promotion, educational programs or housing construction for workers of occupant enterprises; |
| 5-2. | Business concerning the operation of child care facilities for the children of workers of occupant enterprises; |
| 5-3. | Support for establishment and operation of schools prescribed in the Private School Act for training of field experts, industry-academia cooperation, and in-service training of employees that are necessary for industrial and technological innovations of occupant enterprises in industrial complexes; |
| 6. | Business for improvement of the productivity and the promotion of exportation of occupant enterprises; |
| 7. | Supporting business related to the establishment of factories; |
| 8. | Business for relocating and grouping factories; |
| 9. | Collection and dissemination of information and investigation and research related to the establishment of factories and industrial complexes; |
| 10. | Business of improving the structures of industrial complexes; |
| 11. | Competitiveness strengthening projects for industrial clusters; |
| 11-2. | Business relating to safety control and safety education in industrial complexes; |
| 12. | Other businesses prescribed by Presidential Decree for supporting occupant enterprises. |
| (2) | The authorized administrator of each industrial complex may entrust the administrative affairs of the industrial complex to the Corporation in consultation with the Minister of Trade, Industry and Energy. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Deleted. <by Act No. 5827, Feb. 8, 1999> |
| (4) | When conducting the businesses referred to in paragraph (1), the Corporation may mutually cooperate with relevant institutions, such as local governments, the Korea SMEs and Startups Agency or Chambers of Commerce and Industry, regarding supporting business to occupant enterprises. <Amended by Act No. 9426, Feb. 6, 2009; Act No. 16172, Dec. 31, 2018> |
| (5) | Matters necessary for cooperation with local governments and relevant institutions under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 9426, Feb. 6, 2009> |
[This Article Newly Inserted by Act No. 5240, Dec. 31, 1996]
| Article 45-14 (Borrowing of Funds) |
If necessary for conducting the businesses prescribed in Article 45-13, the Corporation may borrow funds from both inside and outside the country upon approval by the Minister of Trade, Industry and Energy, as prescribed by the relevant statutes. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-15 (Bearing of Expenses) |
The Corporation may, upon approval by the Minister of Trade, Industry and Energy, have those who make profits from the business bear expenses incurred in conducting such business. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-16 (Budget and Settlement of Accounts) |
| (1) | The Corporation shall draw up a budget for total revenue and expenditure for each business year and obtain approval from the Minister of Trade, Industry and Energy. The same shall also apply to any changes to such budget. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Corporation intends to obtain approval pursuant to paragraph (1), it shall submit a budget bill to the Minister of Trade, Industry and Energy by no later than 20 days prior to the beginning of the fiscal year. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Corporation shall submit a balance sheet of the statement of accounts accompanied by the documents referred to in the following subparagraphs to the Minister of Trade, Industry and Energy within two months after the completion of each fiscal year and shall finalize the settlement of accounts with his/her approval: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Financial statements (including a written opinion on audit and inspection of a certified public accountant or an accounting corporation) with the attached documents; |
| 2. | Other documents necessary for clarifying the details of the settlement of accounts. |
| (4) | Where the annual settlement of accounts results in profits for the Corporation, such profits shall be appropriated for losses carried over from the preceding year and the remaining profits shall be reserved as prescribed by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-17 (Guidance and Supervision of Operations) |
| (1) | The Minister of Trade, Industry and Energy shall guide and supervise the operations of the Corporation pursuant to the subparagraphs of Article 45-13 (1), and may, where necessary, issue directions or orders to the Corporation concerning the operations. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for providing guidance and supervision to the Corporation by the Minister of Trade, Industry and Energy shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-18 (Contributions and Subsidies) |
The State or local governments may contribute to or subsidize the Corporation, as prescribed by Presidential Decree to appropriate expenses necessary for operating the Corporation and conducting its business.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-19 (Issuance of Bonds) |
| (1) | The Corporation may issue bonds with approval by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Deleted. <by Act No. 10252, Apr. 12, 2010> |
| (3) | The value of the bonds issued shall not exceed ten times the aggregate amount of the capital and the reserve of the Corporation. |
| (4) | The Government may guarantee the repayment of the principal and interest of the bonds issued by the Corporation. |
| (5) | With respect to the extinctive prescription of the bonds, their principal expires in five years and their interest expires in two years, counting from the repayment date. |
| (6) | Other matters necessary for issuing bonds shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 45-20 (Affiliated Institutions) |
| (1) | An industrial complex may have schools (including educational foundation) prescribed in the Private School Act and other necessary institutions (hereinafter referred to as “affiliated institutions”) under an industrial complex to ensure efficient performance of the businesses referred to in Article 45-13. |
| (2) | The president of the board of directors of an industrial complex shall guide and supervise the affiliated institutions. |
| (3) | Matters necessary for the establishment, operation, etc. of affiliated institutions shall be prescribed in the articles of incorporation of an industrial complex. |
| (4) | The Minister of Trade, Industry and Energy may provide an industrial complex with funds (property prescribed in Article 5 of the Private School Act) necessary for operating schools to train field experts necessary for industrial and technological innovation. |
[This Article Newly Inserted by Act No. 15347, Jan. 16, 2018]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 46 (Tax Reduction and Exemption) |
The State or a local government may reduce or exempt corporate tax, income tax, acquisition tax, property tax and registration tax, etc., as prescribed by the Restriction of Special Taxation Act, in order to facilitate the smooth establishment of industrial sites and to attract occupant enterprises and support institutions into industrial complexes. [This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
The State or a local government may take such measures as are necessary for providing funds to ensure a smooth establishment of industrial sites, and to attract occupant enterprises and support institutions into industrial complexes.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 48 (Report and Inspection) |
| (1) | The Minister of Trade, Industry and Energy may order the Mayor/ Do governor, the Mayor/Do Governor may order the head of a Si/Gun/Gu and the head of a Si/Gun/Gu may order the owner or occupant of a factory, respectively, to report, as necessary, or submit materials regarding the site, construction and registration of a factory, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and may have public officials under his/her control examine the report or materials. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may order the management agencies, occupant enterprises, support institutions of national industrial complexes, and the Mayor/Do Governor, the Mayor/Do Governor may order the management agencies, occupant enterprises, support institutions of general industrial complexes and urban high-tech industrial complexes and the head of a Si/Gun/Gu, and the head of a Si/Gun/Gu may order the management agencies, occupant enterprises and support institutions of agro-industrial complexes, respectively, to report as necessary or to submit materials regarding the management of the industrial complex, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy and may have a public official under his/her control inspect business concerning the management of the industrial complex. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where a public official conducts inspection pursuant to paragraphs (1) and (2), he/she shall notify any person subject thereto of inspection plans, including the inspection date and time, grounds for inspection and details thereof, etc., no later than seven days prior to the inspection: Provided, That this shall not apply where an inspection is urgently needed, or where a prior notice is feared to make it impossible to attain the objectives of the inspection on the grounds of the destruction of evidence. |
| (4) | A public official who conducts an inspection pursuant to paragraphs (1) and (2) shall carry identification indicating his/her authority and show it to the persons concerned, and shall deliver a document in which the name of a public official in charge, proposed time of his/her access and objectives of his/her access are entered to persons concerned during entry and inspection. |
| (5) | Matters necessary for report and inspection under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 49 (Guidance and Supervision) |
| (1) | The Minister of Trade, Industry and Energy may guide and supervise the Mayor/Do Governor, the head of a Si/Gun/Gu, and the owner or occupant of a factory concerning the location, construction and registration, etc. of a factory, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may guide and supervise the management agencies, occupant enterprises and support institutions concerning management, etc. of industrial complexes, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 50 (Restrictions on Permission, etc. for Construction) |
The Mayor/Do Governor or the head of a Si/Gun/Gu shall not grant permission to construct a factory, permission to engage in the business, etc. of a factory pursuant to the relevant statutes to any person who fails to obtain approval for construction, extension, relocation or change of a type of business of a factory type under this Act.
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 51 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Trade, Infrastructure and Energy under this Act may be delegated or entrusted to the heads of central administrative agencies, Mayors/Do Governors, heads of Sis/Guns/Gus, management agencies or the Corporation, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Infrastructure and Energy may entrust the installation and operation of the Factory Establishment Management Information System to the Corporation or institutions or organizations prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10964, Jul. 25, 2011]
Where the head of a Si/Gun/Gu intends to take any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 10964, Jul. 25, 2011>
| 1. | Revoking approval for the factory establishment, etc. and issuance of orders for reinstatement of the relevant land under Article 13-5; |
| 2. | Revoking approval for the installation of manufacturing facilities under Article 14-4; |
| 3. | Revoking registration of a factory under Article 17; |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 51-3 (Request for Information on Business Suspension or Closedown) |
For the efficient management of industrial complexes, each authorized administrator or management agency may request the Commissioner of the National Tax Service to submit such information as the current status, etc. of enterprises whose business located in relevant industrial complexes is closed down or suspended, the list of which has been submitted under relevant statutes or regulations such as the Value-Added Tax Act. <Amended by Act No. 16799, Dec. 10, 2019> [This Article Newly Inserted by Act No. 10491, Mar. 30, 2011]
| Article 51-4 (Re-Examination of Regulation) |
The Minister of Trade, Industry and Energy shall examine the appropriateness of the grounds for revocation of the authorization of the establishment of an administrative corporation and others under Article 31 (6) every two years, counting from January 1, 2016 (referring to the period that ends on the day before January 1 of every second year) and shall take necessary measures. <Amended by Act No. 16799, Dec. 10, 2019> [This Article Newly Inserted by Act No. 13312, May 18, 2015]
CHAPTER VII PENALTY PROVISIONS
| Article 52 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 10491, Mar. 30, 2011; Act No. 12929, Dec. 30, 2014; Act No. 13312, May 18, 2015; Act No. 16799, Dec. 10, 2019> |
| 1. | Any person who transfers an industrial site or a factory, etc., in violation of Article 38-2 (4) or 39 (1), (2), and (5); |
| 2. | Any person who disposes of a partitioned industrial site or a joint-ownership portion of an industrial site, in violation of Article 39-2 (4); |
| 3. | Any person who transfers an industrial site or factory, etc. to a person, other than a management agency, another enterprise selected from among the applicants for purchase by a management agency or a relevant institution, in violation of Article 40-2 (1); |
| 4. | Any person who transfers an industrial site or factory, etc. to a person, other than a management agency, or an enterprise or a relevant institution selected by a management agency from among the applicants for purchase, in violation of Article 43 (1). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11964, Jul. 30, 2013; Act No. 14669, Mar. 21, 2017> |
| 1. | Any person who constructs or extends any factory or changes a type of business of a factory without having obtained approval or who changes approved matters without obtaining approval for change (including cases applied mutatis mutandis pursuant to Article 28-2 (1)), in violation of Article 13 (1); |
| 2. | Any person who installs manufacturing facilities, etc. without obtaining approval, in violation of Article 14-3 (1); |
| 3. | Any person who constructs (including installation of manufacturing facilities under Article 14-3), extends, relocates a factory or changes a type of business of a factory without obtaining approval, or who changes the approved matters without obtaining approval for change, in violation of Article 20 (1) and (2); |
| 4. | Any person who invites occupants by disseminating false or exaggerated information or by using fraudulent means, in violation of Article 28-4 (4); |
| 5. | Any person who engages in manufacturing business or any other business without concluding an occupancy agreement pursuant to Article 38 (1) or (3); |
| 6. | Any person who continues to engage in such business, in violation of Article 42 (2). |
| (3) | Any person who has sold a knowledge industry center in lots without obtaining approval under Article 28-4 (1) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Newly Inserted by Act No. 12292, Jan. 21, 2014> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 53 (Penalty Provisions) |
Any of the following persons shall be subject to a fine not exceeding 15 million won: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013>
| 1. | Any person who sells a knowledge industry center, in violation of Article 28-3 (3); |
| 2. | Deleted; <by Act No. 12292, Jan. 21, 2014> |
| 3. | Any person who breaches a duty referred to in Article 28-7 (1); |
| 4. | Any person who engages in manufacturing or any other business without concluding a contract for revision (excluding revision of insignificant matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy), in violation of Article 38 (2). |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
| Article 54 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits an offense under Article 52 or 53 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such violation. [This Article Wholly Amended by Act No. 9228, Dec. 26, 2008]
| Article 55 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 10491, Mar. 30, 2011> |
| 1. | Any person who engages in the business of leasing an industrial site and a factory, etc., in violation of Article 38-2; |
| 2. | Any person who transfers an industrial site or a factory, etc., without reporting thereon, in violation of Article 39 (3), 40 (2) or 43 (2); |
| 3. | Any person who fails to transfer an industrial site or a factory, etc., in violation of Article 40 (1); |
| 4. | Any person who fails to transfer an industrial site or a factory, etc., within a period referred to in Article 40-2 (1) or 43 (1) and (2); |
| 5. | Any person who transfers an industrial site or a factory, etc., in violation of Article 43 (2); |
| 6. | Any person who refuses, interferes with or evades an inspection under Article 48 (1) or (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 10491, Mar. 30, 2011; Act No. 11690, Mar. 23, 2013; Act No. 13312, May 18, 2015> |
| 1. | Any person who fails to report on completion referred to in Article 11 (2) or files a false report to run a factory; |
| 2. | Any person who changes approved matters without any report pursuant to the proviso to Article 13 (1), the proviso to Article 14-3 (1), or the proviso to Article 20 (2); |
| 3. | Any person who runs a factory without reporting the completion of the factory establishment, etc., under Article 15 (1) or with a false report; |
| 4. | Any person who commences his/her business without reporting the commencement of his/her business, in conformity with the standard building area ratio under Article 15 (2), or after reporting thereon by fraud or other improper means; |
| 5. | Any person who operates part of a factory without registering for a partial operation under Article 16 (3); |
| 6. | Any person who changes registered matters without registrating for change under Article 16 (4); |
| 7. | Any person who fails to report under Article 28-6 (2) or submits a false report; |
| 8. | Deleted; <by Act No. 13312, May 18, 2015> |
| 9. | Any person who conducts manufacturing business and any other business without concluding an alteration contract (referring to minor alterations as prescribed by Ordinance of the Ministry of Trade, Industry and Energy), in violation of Article 38 (2); |
| 10. | Any person who uses the name of the Korea Industrial Complex Corporation or any name similar thereto, in violation of Article 45-9 (3); |
| 11. | Any person who fails to report under Article 48 (1) or (2), or submits a false report. |
| (3) | Administrative fines provided for in paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy (where his/her authority has been delegated or entrusted to the head of a central administrative agency or the head of a Si/Gun/Gu pursuant to Article 51, referring to the head of a central administrative agency or the head of a Si/Gun/Gu delegated or entrusted with such authority), the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 3 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Repealed Acts)
Article 3 (Registration of Existing Factory)
The head of a Si/Gun/Gu may transfer the certificate of factory registration prescribed by Article 16 (1) to the possessor or owner of the factory who received the certificate of business registration under Article 5 of the Value-Added Tax Act before December 31, 1989, in accordance with the objects, standards and procedure, etc. determined by the Minister of Trade, Industry and Energy in consultation with the head of the administrative agency concerned. Article 4 (Transitional Measures regarding Basic Program, etc. for Industrial Placement)
| (1) | The basic program for industrial placement in respect of which notification had been issued pursuant to the previous Industrial Placement Act at the time this Act enters into force, shall be regarded as the basic program for industrial placement as prescribed by Article 3. |
| (2) | The standards on factory sites in respect of which notice had been issued pursuant to the provisions of the previous Industrial Placement Act as at the time this Act enters into force, shall be regarded as the standards on factory sites prescribed under Article 8 (1). |
| (3) | Factories which had given notice of establishment, received permission for new establishment, expansion or transfer, and had given notice of transfer of the factory in accordance with the provisions of the previous Industrial Placement Act as at the time this Act enters into force, shall be regarded as factories which have given notice of establishment, received permission for establishment, expansion or transfer, and have given notice of transfer of the factory as prescribed by Articles 13 (1), 20 (2) and 21 (1). |
| (4) | Factories registered as existing factories pursuant to the previous Industrial Placement Act as at the time this Act enters into force, shall be regarded as factories which are registered in accordance with Article 16 (1). |
| (5) | Host areas designated under the previous Industrial Placement Act as at the time of this Act enters into force, shall be regarded as a host area designated pursuant to Article 23. |
Article 5 (Transitional Measures regarding Industrial Complexes etc.)
| (2) | Occupant enterprises and support institutions prescribed by the previous Act on Management of Industrial Complexes Act as at the time this Act enters into force, shall be regarded as occupant enterprises and support institutions prescribed by subparagraphs 8 and 9 of Article 2. |
| (3) | The Industrial Complex Management Corporation established pursuant to the previous Act on Management of Industrial Complexes Act as at the time of this Act enters into force, shall be regarded as the Industrial Complex Administrative Corporation prescribed by Article 31 (2). |
| (4) | Industrial complex areas and zones classified by use which were proclaimed under the previous Act on Management of Industrial Complexes Act as at the time this Act enters into force, shall be regarded as industrial complex areas and zones classified by use which were proclaimed under Article 34 (3). |
Article 6 (Transitional Measures regarding Agro-Industrial Complexes)
Article 7 Omitted.
Article 8 (Relationship with Other Acts)
Where an Act or its provisions repealed pursuant to Article 2 of this Addenda is cited in other statutes at the time this Act enters into force, those statutes shall be regarded as citing this Act or the relevant provisions of this Act where the relevant provisions are included in this Act.
ADDENDA <Act No. 4381, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 4419, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 4429, Dec. 14, 1991>
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. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 4574, Aug. 5, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 4720, Jan. 7, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures regarding Permission, etc. for Establishment, Expansion, etc. of Factories)
| (1) | Persons who had received permission to establish, expand or transfer factories within transfer promotion zones or restricted adjustment zones prior to the entry into force of this Act, shall be regarded as having received permission for the establishment, expansion or transfer of factories in restricted population zones. |
| (2) | Persons who were issued with a factory establishment notification certificate, or who had received permission, authorization and approval regarding the establishment, expansion or transfer of factories in promotional development zones, reserved development zones, or environmental conservation zones pursuant to the Seoul Metropolitan Area Readjustment Planning Act prior to the entry into force of this Act, shall be regarded as having received permission, etc. for the establishment, expansion or transfer of factories in growth administration zones or environmental protection zones. |
Article 3 (Transitional Measures regarding Certificate of Factory Registration)
Certificates of factory registration which were issued to occupant enterprises of industrial complexes pursuant to the previous provisions prior to the entry into force of this Act, shall be regarded as having been issued by the administrative agency as prescribed by Article 16. Article 4 (Transitional Measures regarding Amendment of Penalty Provisions)
The previous provisions shall apply to the application of penalty provisions for acts committed before this Act enters into force.
Article 5 Omitted.
ADDENDA <Act No. 4825, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1995. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 4919, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the provisions of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 4970, Aug. 4, 1995>
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. 5091, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures regarding Matters to be Considered by Industrial Sites Policy Committee)
Matters considered and resolved by the Industrial Sites Policy Committee pursuant to previous provisions at the time of the this Act enter into force, shall be regarded as having been considered and resolved by the Industrial Placement Policy Committee pursuant to the amended provisions of Article 5. Article 3 (Transitional Measures regarding Notification, etc. of Establishment, Expansion, etc. of Factories)
The receipt of notification, approval or permission regarding the establishment, expansion, transfer of factories or change of business type as prescribed by the previous provisions of Article 13 (1) and (3), 18 (1), 20 (2) and (4), or 29 (2) at the time this Act enters into force, shall be regarded as approval pursuant to the amended provisions of Article 13 (1), 20 (2) or 29 (2). Article 4 (Transitional Measures regarding Reports on Completion of Factories)
Factories which had submitted reports on the completion of their establishments as prescribed by previous provisions at the time this Act enters into force, shall be considered as having given reports on the completion of establishment, etc. of a factory in accordance with the amended provisions of Article 15. Article 5 (Transitional Measures regarding Name Changes of Industrial Complexes etc.)
| (1) | Industrial complexes that existed at the time this Act enters into force, shall be regarded as industrial complexes as prescribed by this Act. |
| (2) | The Industrial Complex Management Corporation that existed at the time this Act enters into force, shall be regarded as the Industrial Complex Management Corporation as prescribed by this Act. |
Article 6 (Transitional Measures regarding Penalty Provisions)
In the application of penalty provisions to acts committed prior to the entry into force of this Act, the previous provisions shall apply.
Article 7 Omitted.
ADDENDA <Act No. 5109, Dec. 29, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 5240, Dec. 31, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 6 of Article 2 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures regarding Apartment-Type Factories)
Apartment-type factories which had received approval for establishment pursuant to the previous provisions at the time this Act enters into force, shall be regarded as apartment-type factories in accordance with this Act.
Article 3 (Transitional Measures regarding Administrative Costs of Industrial Complexes)
Administrative costs collected from persons who occupied industrial area without receiving permission for use prior to authorization of completion under Article 37 (7) of the Industrial Site and Development Act, as amongst those persons who had concluded an occupancy agreement for the industrial complex being constructed as at the time this Act enters into force, shall be returned within 90 days from the enforcement date of this Act. Article 4 (Transitional Measures regarding Modifications to Municipal-Type Factories)
Factories of the municipal model type as prescribed by previous provisions as at the time this Act enters into force, shall be regarded as municipal-type factories in accordance with the amended provisions of Article 28. Article 5 (Preparation for Establishment of Corporation)
| (1) | The Minister of Trade, Industry and Energy shall appoint an establishment commission of not more than seven members within 30 days after this Act enters into force, and charge this commission with the management of affairs concerning the establishment of the corporation. |
| (2) | The establishment commission shall receive authorization from the Minister of Trade, Industry and Energy in the drafting of the articles of association of the corporation. |
| (3) | Where the establishment commission has received authorization pursuant to paragraph (2), the commission shall, without delay, turn over the duties to the chief director upon registration of the establishment of the corporation by joint signature. |
| (4) | The establishment commissioners shall be regarded as decommissioned from office from the date of commencement of business by the corporation. |
| (5) | Expenses incurred in the establishment of the corporation shall be borne by the Korean Industrial Complex Administrative Corporations an incorporated association. |
Article 6 (Transitional Measures regarding Succession to Rights and Duties of Korean Export Industry Corporation)
| (1) | Juristic persons falling under the following, which were established pursuant to Article 31 as at the time this Act enters into force, may apply to the Minister of Trade, Industry and Energy for approval of succession by the corporation established in accordance with the amended provisions of Article 45-3, to all the rights and duties prescribed by resolutions of the board of directors: |
| 1. | The Korean Export Industry Corporation; |
| 2. | The Western Industrial Complex Administrative Corporation; |
| 3. | The Central Industrial Complex Administrative Corporation; |
| 4. | The South-eastern Industrial Complex Administrative Corporation; |
| 5. | The South-western Industrial Complex Administrative Corporation. |
Article 7 (Applied Examples regarding Lotting-Out, etc. of State or Public Apartment-Type Factories)
The amended provisions of Article 29 (5) shall also apply where the State or a local government intends to acquire prepared housing sites under the Housing Site Development Promotion Act at preparation cost price before this Act enters into force, and construct, lot-out or lease apartment-type factories on the State or public area concerned. Article 8 Omitted.
Article 9 (Relationship with Other Statutes)
Where factories of the municipal type as prescribed in previous provisions are cited in other statutes as at the time this Act enters into force, such statutes shall be regarded as citing municipal-type factories prescribed in the amended provisions of Article 28. Article 10 (Transitional Measures regarding Factories in Process of Applying for Approval for Establishment, etc. of Factory)
Applications for authorization of the establishment, etc. of a factory prescribed by previous provisions as at the time this Act enters into force, shall be regarded as applications for authorization of the establishment etc. of a factory in accordance with this Act.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5499, Jan. 13, 1998>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on April 1, 1998. (Proviso Omitted.) |
Articles 2 through 10 Omitted.
ADDENDA <Act No. 5544, May 25, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5827, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning the Industrial Site Center)
The industrial Site Center established under the previous provisions of Article 7 (1) at the time of enforcing this Act shall be deemed the Industrial Site Center established by a corporation or an organization designated by the Minister of Commerce, Industry and Energy under the amended provisions of Article 7 (1). Article 3 (Transitional Measures concerning Coerced Sale of Redundant Industrial Sites)
The redundant industrial sites in the process of coerced sale under the previous provisions of Article 12 at the time of enforcing this Act shall be dealt with according to the previous provisions. Article 4 (Transitional Measures concerning Factories Ordered to Relocate)
Factories ordered to relocate from a restricted population zone under the previous provisions of Article 22 at the time of enforcing this Act shall be dealt with according to the previous provisions. Article 5 (Transitional Measures concerning Approval for Draft Public Notice on Recruitment of Apartment-Type Factory)
The approval obtained as at the time this Act enters into force for a public notice on the recruitment of an apartment-type factory shall be deemed to have been obtained or notified thereon under the amended provisions of Article 28-4. Article 6 (Transitional Measures concerning Term of Auditor of Corporation)
The term of an auditor of the Corporation as at the time this Act enters into force shall be dealt with according to the previous provisions notwithstanding the amended provisions of Article 45-5 (4) and his/her term shall reckon from the length during which he/she has held office under the previous provisions. Article 7 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to acts performed before this Act enters into force, this Act shall be dealt with according to the previous provisions.
Article 8 Omitted.
ADDENDA <Act No. 6193, Jan. 21, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6194, Jan. 21, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 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. 6452, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6654, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6727, Aug. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 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.
Article 2 (Applicability concerning Division of Industrial Area)
The amended provisions of Article 30-2 shall apply, starting with any industrial area that is divided first after this Act enters into force. Article 3 (Applicability concerning Report on Transfer of Industrial Area, etc.)
The amended provisions of Articles 40 (2) and 43 (2) shall apply, starting with any industrial area that is transferred first after this Act enters into force. Article 4 (Transitional Measures concerning Formulation of Master Plan for Promotion of Industrial Clustering)
The master plan for promoting industrial clustering that is to be formulated first in accordance with the amended provisions of Article 3 after this Act enters into force shall be formulated by September 30, 2003. Article 5 (Transitional Measures concerning Factory Establishment Support Center)
The factory establishment center under the previous provisions of Article 7 (2) as at the time this Act enters into force shall be deemed the factory establishment support center under the amended provisions of Article 7-2. Article 6 (Transitional Measures concerning Acquisition of Industrial Area through Auction, etc.)
Any person who acquires any industrial area, etc. in accordance with the previous provisions of Article 40 (1) as at the time this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 40 (2). Article 7 Omitted.
Article 8 (Relationship with Other Acts)
Where the previous Industrial Placement and Factory Construction Act or the provisions thereof are quoted in other Acts as at the time this Act enters into force and if there exist the provisions corresponding thereto in this Act, the corresponding provisions of this Act shall be deemed quoted.
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. 7140, Jan. 29, 2004>
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. 7281, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7291, Dec. 31, 2004>
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. 7292, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7335, Jan. 14, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7459, Mar. 31, 2005>
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. 7638, Jul. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7861, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Legal Fiction of Authorization and Permission, etc. for Establishment of Factories)
The amended provisions of Article 13-2 (1) 17 shall apply to any person who first files an application for approving the establishment, etc. of a factory after this Act enters into force. Article 3 (Applicability concerning Report on Commencement of Business)
The amended provisions of Article 15 (2) shall apply to any person who first concludes an occupancy agreement after this Act enters into force. Article 4 (Applicability concerning Restrictions on Transfer by Leasing Business Operators)
The amended provisions of Article 38-2 (3) shall apply to the leasing business operator who first concludes an occupancy agreement after this Act enters into force. Article 5 (Special Case concerning Revocation of Authorization for Establishing Administrative Corporation, etc.)
In the application of the amended provisions of Article 31 (5) 3 to the administrative corporation, etc. that obtains authorization for its establishment before this Act enters into force, the "date on which the authorization for establishment is obtained" in subparagraph 3 of the same paragraph shall be deemed the "date on which six months lapse after this Act enters into force" and "not less than one year" shall be deemed "not less than one year after this Act enters into force." Article 6 (Transitional Measures concerning Term of Office for Executive Officer Filling Vacancy)
The term of office for an executive officer filling vacancy as at the time this Act enters into force shall be the remaining term of office of his/her predecessor pursuant to the previous provisions.
ADDENDA <Act No. 7949, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8108, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 8285, Jan. 26, 2007>
This Act shall enter into force three 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. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 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. 8358, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8362, 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. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8368, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 11 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. 8377, 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. 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 Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8603, Aug. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Legal Fiction of Authorization, Permission, etc. for Establishment of Factory) The amended provisions of Article 13-2 (1) 16 and 18 shall apply to the applications for approval on establishment, etc. of a factory first filed after this Act enters into force. |
| (3) | (Applicability to Sale of Apartment-type Factories) The amended provisions of Article 28-4 (4) shall apply to the first persons who commence the sale after this Act enters into force. |
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8931, Mar. 21, 2008>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
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. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9228, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
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. 9426, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Leasing Business in Industrial Complex)
The amended provisions of Article 38-2 (1) shall apply beginning with the first occupancy agreement concluded with a management agency for leasing business after this Act enters into force, and the amended provisions of the latter part of paragraph (3) of the same Article shall apply beginning with an industrial site for which the first contract concluded with a management agency after this Act enters into force. Article 3 (Applicability to Restrictions on Sublease of Industrial Complex Solely for Lease)
The amended provisions of Article 38-2 (6) shall apply beginning with the first occupancy agreement concluded with a management agency after this Act enters into force. Article 4 (Applicability to Restrictions on Disposition of Industrial Site)
The amended provisions of Article 38 (1) and (3) shall apply beginning with an industrial site for which the first occupancy agreement concluded with a management agency after this Act enters into force. Article 5 (Applicability to Partition of Industrial Site)
The amended provisions of Article 39-2 (2) and (4) shall apply beginning with an industrial site which is partitioned or a joint-ownership portion of which is acquired for the first time after this Act enters into force. Article 6 (Transitional Measures concerning Restrictions on Disposition of Industrial Site)
| (1) | Where an occupant enterprise which owns an industrial site or a factory, etc. in an industrial facilities zone intends to dispose of an industrial site (including an industrial site partitioned pursuant to the previous Article 39-2; hereafter the same shall apply in this Article) or a factory, etc. sold in lots before it has reported on the completion of the factory establishment, etc. pursuant to Article 15 (1) or on the commencement of business pursuant to Article 15 (2), the previous Article 39 shall apply. |
| (2) | Where any person who has obtained an industrial site by transfer pursuant to the amended provisions of Article 39 (2) after this Act enters into force from an occupant enterprise which owns an industrial site in an industrial facilities zone as at the time this Act enters into force intends to dispose of such industrial site, the previous Article 39 shall apply. |
Article 7 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
When the penalty provisions and administrative fines are applied to any act conducted before this Act enters into force, the previous provisons shall apply.
Article 8 Omitted.
ADDENDA <Act No. 9449, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9626, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9629, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <Omitted.>... Article 6 (9) of Addenda shall enter into force on August 7, 2009...<Omitted>. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9685, May 21, 2009>
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. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 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. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 10154, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10252, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 6 (12) of the Addenda shall enter into force on January 1, 2011. Article 2 (Applicability to Legal Fiction of Authorization or Permission of Management Master Plan of Industrial Complex)
The amended provisions of Article 33-2 shall apply beginning with the master plan for the management of industrial complex changed or approved for the first time after this Act enters into force. Article 3 (Applicability to Disposition of Property after Termination of Occupancy Agreement)
The amended provisions of Article 43 (1) and (2) shall apply beginning with the person whose occupancy agreement is terminated for the first time after this Act enters into force. Article 4 (Transitional Measures concerning Change of name of Apartment-Type factory)
An apartment-type factory pursuant to the previous provisions as at the time this Act enters into force shall be deemed a knowledge industry center under this Act.
Article 5 (Transitional Measures concerning Change of Name of Industrial Complex Innovation Project)
| (1) | An industrial complex innovation project being promoted pursuant to the previous provisions as at the time this Act enters into force shall be deemed a competitiveness strengthening project for industrial clusters being promoted under this Act. |
| (2) | A plan for promoting industrial complex innovation projects publicly announced pursuant to the previous provisions as at the time this Act enters into force shall be deemed a plan for promoting competitiveness strengthening projects for industrial clusters publicly announced under this Act. |
Article 6 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10310, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10491, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Standard Factory Area Ratios and Standard Building Area Ratios)
The amended provisions of Article 11 shall apply, starting from the first approval for the factory establishment, etc. or approval for the installation of manufacturing facilities from the head of a Si/Gun/Gu or from the first conclusion of an occupancy agreement with a management agency after this Act enters into force, and the amended provisions of Articles 12 and 15 shall apply, starting from the first conclusion of an occupancy agreement with a management agency after this Act enters into force, and the amended provisions of Article 39-2 (4) 1 shall apply, starting form the first disposal of a partitioned industrial site or a joint-ownership portion of an industrial site after this Act enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
The application of administrative fines to activities conducted before this Act enters into force shall follow the former provisions.
Article 4 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10932, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10964, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Formulation of Programs for Promotion of Regional Industries)
The amended provisions of Article 3-2 (1) shall apply, starting from the first formulation of a program for promoting regional industries after this Act enters into force. Article 3 (Applicability to Use of Data, etc. of Factory Establishment Management Information System)
The amended provisions of Article 6-3 shall apply, starting from the first use of electronic data after this Act enters into force. Article 4 (Applicability to Deemed Permission for Building of Factories)
The amended provisions of Article 14 (1) shall apply, starting from the first application for permission for building a factory after this Act enters into force. Article 5 (Applicability to Partitioning of Industrial Sites of Companies Subject to Restructuring)
Article 6 (Applicability to Formulation of Plans for Upgrading Structures)
The amended provisions of Article 45-2 (8) shall apply, starting from the first approval for a structure improvement plan after this Act enters into force. Article 7 (Applicability to Deemed Authorization on Completion)
The amended provisions of Article 45-7 shall apply, starting from the first application for authorization on completion after this Act enters into force. Article 8 (Applicability to Hearings)
The amended provisions of subparagraph 1 of Article 51-2 shall apply, starting from the first issuance of an order for reinstatement of land after this Act enters into force. Article 9 (Transitional Measures concerning Installation and Operation of Factory Establishment Management Information System)
Information networks established pursuant to the former provisions as at the time this Act enters into force shall be deemed a Factory Establishment Management Information System installed pursuant to the amended provisions of Article 6-2 (1).
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act 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.
ADDENDUM <Act No. 11831, May 28, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11964, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Limitations on Establishment of Manufacturing Facilities)
The amended provisions of Article 20 (1) shall apply, beginning with the first application for approval for establishment of manufacturing facilities under Article 14-3 after this Act enters into force.
ADDENDA <Act No. 11965, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12246, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12292, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Formulation of Plans for Upgrading Structures)
Notwithstanding the amended provisions of Article 45-2 (2), with respect to a national industrial complex or general industrial complex for which at least 20 years have lapsed since the date of its construction as at the time this Act enters into force, a management agency shall formulate a structure improvement plan within two years after the date this Act enters into force and report such plan to an authorized administrator.
ADDENDA <Act No. 12694, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12929, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 33 (8) shall enter into force on the date of its promulgation, and the amended provisions of Article 12 (2) and (3) shall enter into force three months after the date of its promulgation. Articles 2 Omitted.
ADDENDA <Act No. 12960, Jan. 6, 2015>
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. 13089, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 13312, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The application of administrative fines to activities conducted before this Act enters into force shall follow the former provisions.
ADDENDA <Act No. 13603, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Articles 2 through 5 Omitted.
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. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 13846, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 43-2 (1) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14111, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14122, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14311, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the respective date the relevant Act enters into force. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14669, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
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 provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date the relevant Act enters into force. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14993, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Zones where Industrial Complex Structure Improvement Projects Are to Be Implemented)
The amended provisions of Article 45-2 (4) 1 shall apply beginning with the first plan for improving industrial complex structure formulated after this Act enters into force.
ADDENDUM <Act No. 15086, Nov. 28, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15347, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
ADDENDA <Act No. 15489, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15866, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Designation of University-Industry Collaboration Zones)
The amended provisions of Article 22-4 shall also apply to a university-industry collaboration zone which has been designated before this Act enters into force but has yet to be created.
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.
ADDENDA <Act No. 16272, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 16652, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16799, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 23 of Article 2, Articles 7-2 (3), 13-3 (1), 28, and 39 (1) 1 and 2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Deemed Permission to Connect Roads with Other Facilities Following Approval for Factory Establishment)
The amended provisions of Article 13-2 (1) 10 shall apply to an application for approval for factory establishment, etc. made after this Act enters into
Article 3 (Applicability to Consultation with Head of Relevant Administrative Agency)
The amended provisions of Articles 13?2 (6) and (7), 14 (4) and (5), 14-2 (4) and (5), 16 (10) and (11), 33 (4) and (5), and 45-4 (4) and (5) shall apply to a request for consultation made to the head of a relevant administrative agency after this Act enters into force. Article 4 (Applicability to Report on Commencement of Business)
| (1) | The amended provisions of Article 15 (3) and (4) shall apply to a report on the commencement of business filed after this Act enters into force. |
| (2) | The amended provisions of Article 28-2 (3) and (4) shall apply to a report on the completion of the establishment of a knowledge industry center or a report on modification of important matters filed after this Act enters into force. |
Article 5 (Applicability to Authorization for Establishment of Industrial Complex Administrative Corporation)
| (1) | The amended provisions of Article 31 (3) shall apply to an application for authorization for the establishment of an administrative complex administrative corporation or a consultative council of occupant enterprises made after this Act enters into force. |
| (2) | The amended provisions of Article 45-7 (4) and (5) shall apply to an application for completion of an industrial complex structure improvement project made after this Act enters into force. |
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Advance Measures to Transfer Affairs)
| (1) | The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act. |
Article 3 (General Transitional Measures concerning Administrative Dispositions)
Any disposition or other act of an administrative agency in accordance with the previous provisions as at the time this Act enters into force shall be deemed the disposition or other act of the administrative agency under this Act, and any application, report, or other act filed with or done toward the administrative agency under the previous provisions shall be deemed the application, report or other act filed with or done toward the administrative agency under this Act.
Article 4 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 17219, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.